A revievv of the Councell of Trent VVherein are contained the severall nullities of it: with the many grievances and prejudices done by it to Christian kings and princes: as also to all catholique churches in the world; and more particularly to the Gallicane Church. First writ in French by a learned Roman-Catholique. Now translated into English by G.L.
         Revision du Concile de Trente. English
         Ranchin, Guillaume, b. 1560.
      
       
         
           1638
        
      
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             A revievv of the Councell of Trent VVherein are contained the severall nullities of it: with the many grievances and prejudices done by it to Christian kings and princes: as also to all catholique churches in the world; and more particularly to the Gallicane Church. First writ in French by a learned Roman-Catholique. Now translated into English by G.L.
             Revision du Concile de Trente. English
             Ranchin, Guillaume, b. 1560.
             Langbaine, Gerard, 1609-1658.
          
           [28], 388 p.
           
             Printed by William Turner, printer to the famous Vniversitie, for VV[illiam] T[urner] Edw: Forrest, and VVill: VVeb,
             Oxford :
             Anno Domini MDCXXXVIII. [1638]
          
           
             By Guillaume Ranchin, whose name is given on *3v.
             A translation of: Revision du Concile de Trente.
             Translator's dedication signed: Gerard Langbaine.
             Turner's function as publisher from STC.
             Examples exist of leaves 3*2,3 containing matter from the summary of the contents. They are printed in roman type (published setting is italic) and are possibly a trial setting.
             Reproduction of the original in the British Library.
          
        
      
    
     
       
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           Catholic Church -- Controversial literature -- Early works to 1800.
           Council of Trent (1545-1563) -- Early works to 1800.
        
      
    
     
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           A
           REVIEW
           OF
           THE
           COVNCELL
           OF
           TRENT
           .
        
         
           Wherein
           are
           contained
           the
           severall
           nullities
           of
           it
           :
           With
           the
           many
           grievances
           and
           prejudices
           done
           by
           it
           to
           Christian
           Kings
           and
           Princes
           :
        
         
           As
           also
           to
           all
           Catholique
           Churches
           in
           the
           World
           ;
           and
           more
           particularly
           to
           the
           GALLICANE
           Church
           .
        
         
           First
           writ
           in
           French
           by
           a
           learned
           Roman-Catholique
           .
        
         
           Now
           Translated
           into
           English
           by
           
             G.
             L.
          
           
        
         
           HORAT
           .
           Suis
           &
           ipsa
           Roma
           viribus
           ruit
           .
        
         
           OXFORD
           ,
           Printed
           by
           WILLIAM
           TURNER
           ,
           Printer
           to
           the
           famous
           Vniversitie
           ,
           for
           
             VV.T.
             Edw
             :
             Forrest
          
           ,
           and
           
             VVill
             :
             VV●b
          
           .
           Anno
           Domini
           MDCXXXVIII
           .
        
      
       
         
         
         
           To
           the
           Right
           VVorshipfull
           CHRISTOPHER
           POTTER
           Doctour
           in
           Divinity
           ,
           the
           Reverend
           Deane
           of
           Worcester
           ,
           and
           worthie
           Provost
           of
           Queenes
           Colledge
           in
           Oxford
           .
        
         
           
             SIR
             :
          
        
         
           THe
           double
           title
           which
           you
           may
           justly
           chalenge
           both
           in
           the
           Authour
           and
           Translatour
           of
           this
           work
           ,
           hath
           made
           this
           dedication
           a
           matter
           of
           necessity
           ,
           not
           election
           .
           For
           the
           former
           ,
           I
           dare
           not
           seem
           to
           instruct
           that
           knowledge
           to
           which
           I
           confesse
           I
           owe
           mine
           .
           But
           for
           the
           later
           ,
           I
           beseech
           you
           give
           me
           leave
           to
           tell
           you
           in
           publique
           ,
           what
           I
           have
           never
           blushed
           to
           professe
           in
           private
           ,
           of
           that
           deep
           interest
           which
           your
           early
           favours
           have
           purchased
           in
           all
           that
           I
           call
           mine
           ,
           (
           except
           my
           faults
           ,
           )
           such
           and
           so
           many
           as
           would
           have
           left
           me
           highly
           inexcusable
           if
           I
           should
           have
           entertain'd
           a
           thought
           of
           offering
           these
           my
           first
           fruits
           in
           this
           kinde
           upon
           any
           other
           altar
           than
           this
           .
           For
           ,
           as
           touching
           my
           knowledge
           (
           if
           it
           be
           any
           )
           in
           the
           tongues
           ,
           the
           common
           influence
           of
           your
           example
           ,
           and
           your
           benigner
           aspect
           upon
           my
           meane
           endeavours
           made
           me
           first
           able
           to
           do●
           something
           ,
           and
           the
           desire
           of
           obeying
           your
           pleasure
           willing
           to
           doe
           this
           .
           I
           am
           bold
           to
           call
           it
           a
           worke
           of
           obedience
           ,
           as
           being
           first
           occasioned
           by
           some
           speeches
           ,
           which
           ,
           however
           they
           proceeded
           from
           you
           ,
           were
           received
           by
           me
           in
           the
           nature
           of
           a
           command
           :
           your
           wish
           in
           generall
           that
           such
           a
           thing
           were
           done
           ,
           my
           obligations
           made
           me
           construe
           to
           an
           injunction
           of
           doing
           it
           .
           This
           pu●
           me
           first
           upon
           it
           ,
           and
           the
           ●everent
           opinion
           of
           your
           judgement
           of
           the
           worke
           ,
           with
           the
           grounded
           confidence
           of
           your
           future
           approbation
           of
           my
           pains
           ,
           sweetned
           that
           into
           a
           recreation
           ,
           which
           had
           otherwise
           beene
           a
           punishment
           .
           I
           will
           
           not
           here
           indulge
           so
           much
           to
           my
           just
           ambition
           of
           proclaiming
           your
           virtues
           ,
           as
           to
           insist
           upon
           each
           particular
           :
           onely
           I
           shall
           begge
           leave
           to
           bee
           the
           weaker
           echo
           of
           the
           publique
           voice
           of
           that
           body
           over
           which
           it
           hath
           pleased
           God
           to
           make
           you
           the
           worthie
           Head
           ,
           and
           my selfe
           ,
           by
           your
           meanes
           ,
           an
           inferiour
           member
           :
           To
           say
           ,
           That
           we
           largely
           enjoy
           in
           you
           what
           wee
           shall
           ever
           pray
           for
           in
           your
           Successours
           ;
           that
           your
           place
           may
           ever
           have
           as
           great
           an
           ornament
           for
           the
           credit
           ,
           and
           as
           happie
           an
           instrument
           ,
           for
           the
           profit
           of
           our
           House
           :
           That
           ,
           of
           those
           Royall
           favours
           which
           it
           pleased
           their
           Sacred
           Majesties
           to
           conferre
           upon
           us
           ,
           (
           and
           ever
           blessed
           be
           their
           memorie
           therefore
           !
           )
           though
           in
           all
           humility
           we
           give
           Them
           the
           glory
           of
           being
           the
           Authours
           ,
           yet
           we
           cannot
           robbe
           your
           pious
           diligence
           of
           the
           praises
           due
           as
           to
           a
           principall
           procurer
           .
           We
           detract
           nothing
           from
           the
           fountain
           ,
           when
           we
           commend
           the
           streams
           :
           nor
           is
           a
           benefit
           lessened
           by
           being
           obtain'd
           by
           intercession
           .
           The
           Majestie
           of
           Heaven
           does
           not
           ordinarily
           bestow
           his
           blessings
           without
           mediation
           :
           nor
           does
           the
           intervening
           of
           second
           causes
           render
           us
           lesse
           ingag'd
           to
           the
           first
           .
           To
           whom
           I
           do●
           now
           ,
           and
           shall
           ever
           ,
           send
           up
           my
           heartie
           prayers
           for
           his
           choicest
           blessings
           upon
           you
           and
           yours
           :
           more
           particularly
           ,
           (
           as
           your
           present
           weaknesse
           now
           requires
           me
           )
           that
           Hee
           would
           be
           pleased
           to
           grant
           you
           a
           perfect
           health
           ,
           and
           constitution
           of
           body
           answerable
           to
           that
           of
           your
           minde
           ,
           for
           the
           greater
           manifestation
           of
           his
           glorie
           ,
           the
           good
           of
           his
           Church
           ,
           the
           joy
           and
           comfort
           of
           you
           and
           yours
           ;
           in
           which
           number
           he
           desires
           to
           be
           reckoned
           who
           here
           presents
           himselfe
           &
           his
           present
           pains
           to
           your
           courteous
           acceptation
           ,
           as
        
         
           
             
               Queenes
               Colledge
               in
            
             Oxford
             
               
                 April
                 1●
                 .
                 1638.
              
               
            
          
           
             Your
             Worships
             in
             all
             humble
             observance
             ,
             GERARD
             LANGBAINE
             .
          
        
      
       
         
         
           To
           the
           Reader
           .
        
         
           I
           Have
           something
           to
           informe
           both
           concerning
           the
           Author
           ,
           the
           matter
           ,
           and
           the
           translation
           of
           this
           discourse
           .
           For
           the
           first
           ,
           that
           he
           was
           a
           French
           man
           ,
           and
           a
           Lawyer
           ,
           none
           will
           doubt
           but
           such
           as
           will
           not
           read
           ;
           and
           that
           he
           followed
           the
           Court
           ,
           and
           was
           of
           some
           eminency
           there
           ,
           is
           sufficiently
           evident
           from
           one
           *
           passage
           of
           this
           worke
           .
           But
           as
           for
           his
           religion
           ,
           though
           not
           absolutely
           certaine
           ,
           yet
           ,
           his
           many
           protestations
           make
           it
           more
           than
           probable
           he
           was
           no
           profess'd
           Protestant
           .
           Hee
           protests
           frequently
           not
           to
           meddle
           with
           controversies
           of
           faith
           ,
           but
           points
           of
           Law
           and
           policie
           ;
           not
           to
           oppose
           the
           Canons
           ,
           but
           Decrees
           of
           the
           Councel
           of
           Trent
           ;
           not
           to
           wri●e
           in
           behalf
           of
           such
           as
           have
           separated
           from
           the
           Church
           of
           Rome
           ,
           (
           Protestants
           )
           but
           of
           good
           Catholiques
           ,
           (
           hee
           meanes
           Papists
           .
           )
           And
           therefore
           I
           have
           adventured
           to
           allow
           him
           the
           name
           of
           Catholique
           ,
           with
           the
           forename
           Roman
           ;
           which
           they
           of
           that
           party
           will
           ,
           in
           spite
           of
           all
           contradiction
           ,
           needs
           pin
           upon
           their
           owne
           sleeves
           .
           For
           I
           am
           indifferently
           confident
           that
           for
           outward
           communion
           hee
           was
           a
           member
           of
           that
           Church
           ,
           some
           of
           whose
           faults
           are
           here
           required
           to
           a
           reformation
           .
           As
           for
           ought
           that
           may
           bee
           surmis'd
           to
           the
           contrary
           ,
           it
           will
           not
           worke
           much
           upon
           any
           that
           knowes
           the
           libertie
           of
           that
           people
           ,
           who
           were
           never
           throughly
           broken
           to
           the
           discipline
           of
           
             Rome
             ,
             I
             am
             domiti
             ut
             pareant
             ,
             nondum
             ut
             serviant
          
           ;
           and
           which
           hath
           ever
           bin
           more
           eminently
           conspicuous
           in
           those
           of
           that
           faculty
           whereof
           the
           Author
           is
           confessedly
           one
           .
           However
           ,
           
           those
           many
           other
           writers
           which
           hee
           every
           where
           urgeth
           ,
           and
           of
           whose
           testimonies
           the
           whole
           work
           mainly
           consists
           ,
           were
           in
           their
           times
           (
           ancient
           Councels
           and
           Fathers
           excepted
           )
           all
           ,
           or
           most
           ,
           knowne
           Papists
           :
           though
           some
           of
           them
           in
           these
           later
           daies
           have
           bin
           shrewdly
           censured
           for
           Schismaticall
           ,
           because
           not
           altogether
           so
           transcendently
           Papall
           .
           Now
           for
           the
           furth●r
           satisfaction
           of
           my selfe
           and
           others
           to
           those
           ordinary
           interrogatories
           ,
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           ;
           it
           hath
           cost
           me
           some
           diligence
           to
           draw
           this
           Apelles
           from
           behind
           the
           curtaine
           .
           Some
           of
           my
           forraigne
           intelligencers
           return'd
           me
           little
           but
           a
           
             Non
             liquet
          
           ,
           yet
           the
           learned
           Patron
           of
           the
           work
           shewed
           me
           first
           †
           where
           it
           was
           cited
           by
           Dr.
           Rivet
           under
           the
           name
           of
           
             du
             Ranchin
          
           ;
           and
           I
           have
           found
           some
           succenturiating
           opinions
           since
           .
           Now
           
             VVilliam
             Ranchin
          
           ,
           (
           whom
           I
           conceive
           to
           be
           the
           man
           )
           was
           in
           his
           time
           a
           Doctour
           of
           Law
           ,
           Counsellour
           to
           King
           HENRY
           the
           fourth
           of
           France
           ,
           sometimes
           Fiscal
           Advocat
           in
           the
           Court
           of
           Aids
           at
           Occa
           ,
           and
           afterwards
           A●turney
           Generall
           in
           the
           Soveraigne
           Court
           of
           Aids
           at
           Montpelier
           ;
           one
           who
           by
           his
           workes
           in
           that
           kind
           hath
           deserved
           well
           of
           his
           profession
           .
           Thus
           much
           of
           the
           Author
           .
        
         
           As
           for
           the
           Work
           it selfe
           ,
           it
           is
           now
           almost
           forty
           yeares
           since
           it
           was
           first
           published
           ;
           the
           copyes
           are
           growne
           very
           rare
           and
           (
           it
           may
           be
           ,
           therefore
           )
           deare
           even
           in
           Paris
           :
           whether
           the
           love
           of
           their
           friends
           or
           the
           malice
           of
           their
           enemies
           hath
           made
           them
           so
           ,
           I
           know
           not
           .
           It
           does
           strongly
           vindicate
           the
           rights
           of
           Christian
           Princes
           and
           the
           liberties
           of
           particular
           Churches
           from
           the
           grand
           and
           yet
           growing
           usurpations
           of
           Popes
           ,
           and
           the
           bold
           attempts
           of
           pretended
           Generall
           Councels
           .
           It
           shews
           the
           many
           hot
           skirmishes
           which
           Princes
           have
           beene
           put
           to
           for
           the
           preservation
           of
           their
           liberties
           ,
           and
           how
           loath
           they
           were
           to
           part
           with
           them
           .
           It
           points
           at
           the
           meanes
           whereby
           the
           State
           spirituall
           stole
           up
           by
           degrees
           to
           such
           a
           height
           of
           temporall
           greatnesse
           .
           It
           uncovers
           the
           shame
           of
           that
           Popish
           Helena
           ,
           the
           Councell
           of
           Trent
           ;
           by
           laying
           open
           the
           many
           nullities
           and
           injust
           proceedings
           of
           it
           .
           It
           shewes
           the
           weake
           ,
           the
           no
           effects
           of
           those
           
           strong
           hopes
           of
           a
           reformation
           from
           it
           :
           and
           makes
           it
           apparent
           that
           what
           by
           the
           patients
           was
           so
           earnestly
           desired
           as
           a
           remedy
           ,
           was
           by
           the
           fraudulence
           of
           the
           Physician
           turn'd
           to
           a
           worse
           disease
           .
           It
           fairely
           acquits
           their
           rejection
           of
           that
           Councell
           for
           matter
           of
           Discipline
           ,
           (
           and
           why
           not
           therein
           ours
           for
           matter
           of
           Doctrine
           ?
           )
           from
           the
           imputation
           of
           Schisme
           ,
           as
           being
           driven
           to
           the
           necessity
           of
           abrogating
           that
           excessive
           power
           of
           the
           Pope
           ,
           which
           hee
           could
           not
           bee
           brought
           to
           moderate
           :
           being
           both
           forced
           to
           shake
           off
           that
           heavy
           yoke
           which
           his
           ambition
           was
           unwilling
           to
           remove
           ,
           so
           long
           as
           our
           patience
           was
           willing
           to
           endure
           .
           And
           (
           though
           it
           be
           besides
           the
           purpose
           ,
           if
           not
           against
           the
           intention
           of
           the
           Authour
           )
           it
           ministers
           just
           grounds
           of
           questioning
           the
           absolute
           infallibility
           of
           Popes
           and
           Councels
           in
           matters
           of
           faith
           .
           Who
           both
           joyntly
           and
           severally
           (
           it
           is
           to
           be
           fear'd
           )
           have
           been
           too
           dareing
           to
           entitle
           the
           Holy
           Ghost
           to
           their
           many
           weakly
           probable
           opinions
           ,
           if
           not
           some
           errours
           .
           Whence
           it
           is
           that
           the
           present
           Church
           is
           as
           much
           pester'd
           with
           a
           glut
           of
           Councels
           ,
           Canons
           ,
           and
           Curses
           ,
           as
           the
           Primitive
           was
           with
           heresies
           :
           under
           the
           weight
           of
           which
           burthen
           many
           weaker
           consciences
           ,
           if
           they
           doe
           not
           quite
           sinke
           ,
           cannot
           chuse
           but
           groane
           .
           Whence
           it
           is
           that
           the
           modest
           and
           sober
           libertie
           of
           re-examining
           any
           thing
           which
           hath
           been
           once
           decided
           ,
           is
           utterly
           excluded
           :
           which
           notwithstanding
           most
           good
           men
           have
           in
           all
           ages
           beene
           willing
           to
           tolerate
           ,
           many
           to
           desire
           ,
           and
           some
           few
           bold
           to
           make
           use
           of
           .
           Amongst
           these
           few
           we
           may
           well
           reckon
           this
           Author
           for
           one
           .
           Far
           was
           He
           from
           the
           high
           uncharitablenesse
           of
           those
           fierce
           and
           fiery
           spirits
           that
           scorn
           to
           goe
           to
           Heaven
           in
           the
           company
           of
           any
           that
           are
           called
           heretiques
           by
           the
           Councel
           of
           Trent
           :
           that
           pronounce
           upon
           all
           men
           according
           as
           they
           find
           them
           devoted
           to
           this
           their
           Diana
           ;
           making
           lesse
           conscience
           of
           a
           text
           of
           Scripture
           than
           a
           Canon
           of
           Trent
           ;
           and
           like
           their
           heathen
           fore-fathers
           ,
           
             Non
             alios
             judices
             quàm
             seipsos
             patientur
             .
          
           Lastly
           ,
           this
           work
           presents
           us
           with
           many
           remarkable
           passages
           concerning
           our
           own
           Nation
           ;
           where
           we
           may
           read
           our
           present
           h●ppinesse
           in
           our
           
           Ancestours
           miseries
           :
           for
           amongst
           all
           those
           authentique
           records
           ,
           which
           are
           here
           recited
           of
           the
           Popes
           usurpations
           ,
           I
           doe
           not
           finde
           any
           more
           wofull
           tragedies
           of
           his
           tyranny
           than
           such
           as
           were
           acted
           upon
           our
           Stage
           .
           No
           higher
           trophyes
           erected
           to
           his
           ambition
           ,
           than
           here
           .
           No
           more
           rare
           examples
           of
           a
           devout
           abused
           patience
           ,
           than
           ours
           ,
           till
           extreme
           necessitie
           made
           us
           despaire
           into
           fortitude
           ;
           when
           the
           avarice
           and
           exactions
           of
           Rome
           ,
           having
           left
           us
           nothing
           else
           ,
           to
           her
           griefe
           and
           our
           glory
           ,
           at
           last
           robb'd
           us
           of
           our
           patience
           too
           .
        
         
           Besides
           these
           there
           are
           other
           considerations
           in
           the
           work
           it selfe
           ,
           which
           (
           it
           may
           bee
           )
           wrought
           a
           far
           far
           better
           judgement
           than
           mine
           owne
           to
           the
           approbation
           of
           it
           .
           In
           submission
           to
           which
           I
           have
           taken
           the
           paines
           to
           make
           it
           speake
           English
           ;
           and
           that
           's
           all
           .
           For
           as
           for
           the
           quotations
           ,
           (
           which
           might
           haply
           be
           expected
           from
           me
           )
           my
           other
           imployments
           would
           not
           allow
           me
           strictly
           to
           examine
           them
           all
           ,
           but
           so
           many
           as
           I
           sought
           did
           sufficiently
           confirme
           my
           opinion
           of
           the
           Authours
           fidelity
           in
           the
           rest
           .
           For
           adding
           more
           testimonies
           of
           my
           owne
           out
           of
           other
           authors
           in
           the
           like
           kinde
           and
           to
           the
           same
           effect
           ,
           however
           I
           could
           frequently
           have
           done
           it
           ,
           yet
           I
           obtained
           so
           much
           of
           my selfe
           as
           to
           forbeare
           :
           being
           much
           abhorrent
           from
           ingaging
           my selfe
           in
           a
           quarrell
           of
           this
           nature
           ,
           and
           creating
           an
           adversarie
           where
           I
           might
           fairely
           chuse
           to
           want
           one
           .
           For
           my
           expression
           ,
           I
           confesse
           ,
           upon
           a
           second
           review
           ,
           I
           finde
           I
           have
           been
           somewhere
           too
           pedantique
           and
           precise
           in
           keeping
           to
           the
           phrase
           of
           my
           Authour
           ,
           and
           otherwhere
           I
           meet
           with
           a
           litle
           Patavinity
           of
           my
           owne
           .
           But
           for
           this
           I
           must
           tell
           my
           Pollio
           it
           was
           neither
           necessitie
           nor
           chance
           that
           cast
           me
           upon
           it
           ;
           for
           I
           am
           here
           of
           his
           minde
           ,
           
             Qui
             non
             ignoravit
             vitia
             sua
             ,
             sed
             amavit
             .
          
           My
           greater
           feare
           is
           lest
           there
           be
           somethings
           in
           the
           matter
           which
           may
           bee
           lyable
           to
           a
           juster
           exception
           .
           Which
           ,
           however
           they
           might
           have
           beene
           omitted
           by
           the
           Authour
           ,
           could
           not
           so
           fairely
           bee
           left
           out
           by
           the
           Translatour
           :
           This
           castrating
           of
           dead
           Authours
           being
           a
           piece
           of
           politique
           cruelty
           ,
           which
           himselfe
           †
           condemnes
           in
           their
           
           Church
           ,
           and
           (
           I
           hope
           )
           is
           rarely
           practised
           in
           ours
           .
           I
           doe
           not
           deny
           but
           here
           are
           ,
           amongst
           many
           which
           I
           could
           commend
           ,
           some
           passages
           which
           I
           had
           rather
           excuse●
           such
           as
           need
           not
           be
           approved
           ,
           yet
           might
           well
           enough
           bee
           printed●
           Wee
           allow
           a
           stranger
           more
           libertie
           than
           a
           native
           :
           and
           in
           this
           consideration
           I
           held
           it
           a
           piece
           of
           injustice
           to
           offer
           ,
           so
           much
           violence
           to
           my
           Authour
           as
           to
           subdue
           him
           wholly
           to
           our
           domestique
           customes
           .
           Hee
           still
           speakes
           French
           in
           part
           ,
           and
           retaines
           a
           few
           markes
           of
           his
           birth
           and
           breeding
           :
           yet
           such
           as
           can
           bee
           no
           eysore
           to
           those
           that
           will
           observe
           withall
           ,
           how
           ,
           when
           he
           barely
           relates
           the
           Lawes
           of
           his
           owne
           Countrie
           ,
           he
           neither
           censures
           nor
           sets
           rules
           to
           ours
           .
           For
           what
           concernes
           the
           distinction
           of
           jurisdictions
           ,
           there
           is
           a
           vast
           difference
           betwixt
           their
           State
           and
           ours
           .
           Here
           ,
           though
           they
           are
           conveyed
           in
           severall
           channels
           ,
           yet
           they
           are
           all
           derived
           from
           the
           same
           fountaine
           ,
           the
           King.
           Whereas
           there
           ,
           the
           Pope
           shares
           it
           with
           the
           Prince
           ;
           and
           not
           content
           with
           his
           part
           ,
           will
           needs
           ingrosse
           the
           whole
           .
           Hence
           those
           bitter
           complaints
           of
           the
           Authour
           against
           inferiour
           Iudges
           ,
           which
           ,
           when
           he
           drives
           the
           naile
           up
           to
           the
           head
           ,
           fasten
           lastly
           all
           upon
           his
           Holynesse
           .
           Thus
           farre
           I
           thought
           fit
           to
           fortifie
           against
           future
           mistakes
           ;
           knowing
           that
           what
           was
           well
           meant
           might
           be
           ill
           taken
           ;
           and
           that
           it
           is
           not
           ever
           in
           the
           fates
           of
           innocency
           to
           bee
           exempt
           from
           misconstruction
           .
           For
           other
           peccadillos
           I
           am
           not
           very
           carefull
           to
           excuse
           them
           ;
           hopeing
           that
           the
           judicious
           Readers
           will
           not
           much
           bogle
           at
           them
           ,
           and
           the
           ordinary
           (
           it
           may
           bee
           )
           never
           observe
           them
           ;
           nor
           doe
           I
           meane
           they
           shall
           bee
           beholding
           to
           me
           for
           the
           knowledge
           of
           them
           further
           than
           by
           this
           intimation
           :
           which
           perhaps
           may
           whet
           some
           duller
           capacities
           to
           a
           sharper
           enquirie
           after
           them
           ,
           such
           as
           thinke
           they
           are
           bound
           in
           conscience
           to
           finde
           a
           crime
           ,
           because
           I
           confesse
           the
           possibilitie
           of
           a
           fault
           :
           and
           will
           be
           ready
           to
           straine
           at
           Gnats
           ,
           who
           without
           this
           caution
           would
           have
           swallowed
           Camels
           .
           And
           yet
           I
           feare
           there
           will
           not
           want
           some
           among
           them
           that
           will
           receive
           those
           things
           with
           applause
           ,
           which
           I
           desire
           may
           passe
           with
           
           pardon
           .
           Nay
           (
           it
           may
           bee
           )
           if
           the
           Authour
           were
           question'd
           for
           some
           places
           ,
           the
           most
           (
           I
           doe
           not
           say
           the
           best
           )
           would
           bee
           content
           to
           absolve
           him
           ,
           if
           not
           ready
           to
           reward
           him
           .
           But
           the
           Translatour
           professeth
           his
           name
           in
           another
           cense
           ;
           and
           is
           not
           so
           sollicitous
           to
           please
           those
           ,
           as
           answere
           these
           :
           to
           whose
           graver
           judgements
           hee
           submits
           both
           himselfe
           and
           these
           his
           weake
           endeavours
           ,
           in
           a
           modest
           confidence
           of
           their
           candid
           interpretation
           .
        
      
       
         
         
           AN
           ADVERTISEMENT
           to
           the
           READER
           ,
           prefixed
           before
           the
           FRENCH
           Copie
           .
        
         
           THis
           Booke
           is
           not
           for
           those
           that
           have
           made
           separation
           in
           point
           of
           Religion
           ;
           but
           for
           such
           good
           Catholiques
           as
           desire
           to
           see
           an
           holy
           reformation
           of
           it
           .
           Here
           you
           shall
           finde
           the
           demands
           that
           were
           put
           up
           to
           that
           end
           at
           the
           Councell
           of
           Trent
           ,
           by
           the
           Emperour
           ,
           the
           King
           of
           France
           ,
           and
           other
           Catholique
           Princes
           ,
           not
           Protestants
           ,
           and
           the
           small
           regard
           that
           was
           had
           of
           satisfying
           them
           .
           Here
           you
           shall
           read
           the
           tricks
           that
           were
           used
           both
           in
           this
           and
           some
           precedent
           Councels
           ,
           to
           wave
           that
           reformation
           which
           was
           so
           earnestly
           sought
           after
           :
           and
           withall
           you
           shall
           understand
           a
           good
           many
           of
           the
           points
           wherein
           it
           consisteth
           .
           The
           method
           which
           the
           Authour
           hath
           used
           ,
           may
           bee
           set
           downe
           in
           few
           words
           .
           Hee
           makes
           two
           kinds
           of
           nullities
           ;
           one
           in
           the
           forme
           and
           manner
           of
           proceeding
           ,
           [
           which
           he
           delivers
           in
           the
           first
           Book
           ]
           :
           the
           other
           in
           the
           matter
           .
           And
           these
           later
           consist
           either
           in
           denyal
           of
           justice
           [
           which
           is
           handled
           in
           the
           second
           Book
           ;
           ]
           Or
           in
           the
           injustice
           of
           the
           Decrees
           themselves
           :
           concerning
           which
           he
           sets
           downe
           two
           maxims
           .
           The
           first
           ,
           that
           they
           advance
           the
           Pope
           to
           an
           unlawfull
           power
           ,
           stripping
           Councels
           ,
           Clergy
           ,
           yea
           Kings
           and
           Princes
           of
           that
           authoritie
           which
           belongs
           unto
           them
           ,
           to
           transferre
           it
           upon
           the
           Pope
           ;
           [
           and
           this
           is
           proved
           in
           the
           third
           ,
           fourth
           ,
           fifth
           and
           sixt
           Books
           ]
           :
           The
           second
           ,
           that
           they
           pull
           downe
           the
           honour
           and
           authoritie
           of
           Christian
           Princes
           ,
           and
           Secular
           powers
           :
           [
           which
           is
           treated
           
           of
           in
           the
           last
           Book
           ]
           .
           See
           here
           the
           subject
           wherein
           many
           learned
           men
           ,
           both
           Devines
           and
           Lawyers
           have
           travailed
           long
           agoe
           ,
           before
           the
           names
           of
           Luther
           and
           Calvin
           ,
           and
           such
           as
           embrace
           their
           doctrine
           ,
           were
           ever
           heard
           of
           :
           which
           doctrine
           is
           not
           here
           defended
           ,
           nor
           shall
           you
           find
           any
           thing
           that
           concernes
           them
           in
           particular
           .
           The
           ancient
           liberties
           of
           the
           Church
           are
           represented
           here
           in
           divers
           passages
           ,
           the
           very
           same
           with
           those
           that
           carry
           now
           the
           name
           of
           the
           Gallicane
           Church
           ;
           whither
           they
           made
           their
           retreat
           when
           they
           were
           chased
           out
           every
           where
           else
           :
           yet
           not
           without
           danger
           of
           being
           lost
           ,
           and
           that
           not
           in
           part
           but
           in
           whole
           ,
           by
           a
           blow
           from
           Trent
           .
           VVhich
           would
           plunge
           us
           again
           into
           those
           miseries
           ,
           wherof
           our
           Ancestors
           begun
           to
           bee
           sensible
           long
           agoe
           :
           which
           they
           have
           left
           unto
           us
           by
           tale
           upon
           record
           ,
           in
           the
           ancient
           Histories
           and
           Edicts
           of
           our
           Kings
           ,
           the
           Rolles
           of
           the
           States
           General
           ,
           the
           Remonstrances
           of
           the
           Courts
           of
           Parliament
           ,
           and
           many
           other
           ancient
           Monuments
           .
           Nor
           doth
           it
           lesse
           concerne
           the
           interest
           of
           our
           Soveraigne
           Lord
           the
           King
           ;
           whose
           honour
           and
           dignitie
           are
           shamefully
           disgraced
           ,
           his
           authoritie
           vilified
           ,
           his
           power
           rebated
           ;
           with
           a
           generall
           prejudice
           to
           all
           the
           French
           ,
           who
           in
           particular
           are
           egregiously
           wronged
           in
           divers
           things
           ,
           as
           may
           be
           fully
           knowne
           from
           this
           discourse
           .
           You
           must
           further
           observe
           that
           the
           Authour
           was
           not
           willing
           to
           meddle
           with
           what
           properly
           concernes
           divinitie
           ,
           as
           unwilling
           to
           transgresse
           the
           bounds
           of
           his
           profession
           ,
           or
           speake
           any
           thing
           upon
           this
           occasion
           of
           those
           demands
           which
           were
           made
           ,
           by
           Catholique
           Princes
           in
           this
           Councell
           ,
           touching
           the
           reformation
           of
           abuses
           about
           Images
           ,
           Pilgrimages
           ,
           Reliques
           of
           Saints
           ,
           keeping
           of
           Holy
           dayes
           ,
           convenience
           of
           the
           marriage
           of
           Priests
           ,
           Communion
           in
           both
           kinds
           ,
           celebration
           of
           divine
           service
           in
           a
           vulgar
           tongue
           ,
           and
           such
           like
           ;
           contenting
           himselfe
           with
           a
           bare
           mention
           of
           those
           demands
           ,
           and
           no
           more
           .
        
      
       
         
         
           A
           SVMMARY
           OF
           The
           Chapters
           .
        
         
           
             BOOKE
             I.
             
          
           
             
               Chap.
               I.
               Pag.
               1.
               
            
             
               1
               THe
               many
               abuses
               of
               the
               Pope
               and
               Court
               of
               Rome
               .
               The
               occasion
               of
               calling
               this
               Councell
               .
               How
               the
               Popes
               sought
               meanes
               to
               decline
               it
               .
               How
               politiquely
               they
               carried
               themselves
               in
               it
               :
               in
               the
               election
               of
               th●
               place
               ;
               admittance
               of
               persons
               ;
               and
               passing
               of
               Decrees
               .
               The
               great
               account
               they
               make
               of
               it
               .
               2
               No
               no●●l●y
               〈◊〉
               oppose
               the
               Pope
               ,
               or
               a
               Councell
               .
               Ancient
               bickerings
               of
               Popes
               with
               the
               Emperours
               of
               Germany
               .
               With
               the
               Kings
               of
               
                 England
                 .
                 3.
              
               &c.
               With
               the
               Kings
               of
               
                 France
                 .
                 8
              
               Where
               the
               Kings
               were
               assisted
               by
               the
               Parliaments
               ,
               Vniversities
               ,
               Devines
               ,
               Lawyers
               ,
               Prelates
               ,
               and
               other
               Clergie
               both
               severall
               and
               in
               Councell
               .
               
                 9
                 ,
                 10
              
               Councels
               against
               Popes
               .
               13
               Harsh
               letters
               to
               Pope
               
                 Nicholas
                 .
                 14
                 ,
                 15
              
               Councels
               suborn'd
               by
               Popes
               against
               Princes
               .
               16
               The
               Councell
               of
               Ferrara
               or
               Florence
               not
               admitted
               at
               all
               in
               
                 France
                 .
                 17
              
               That
               of
               Basil
               but
               in
               part
               .
               That
               of
               Lateran
               totally
               rejected
               .
               The
               Councell
               of
               Trent
               more
               usurping
               than
               any
               ,
               than
               all
               these
               .
            
             
               Chap.
               II.
               p.
               12.
               
            
             
               1
               SEverall
               instances
               made
               to
               the
               Kings
               of
               France
               for
               the
               receiving
               of
               this
               Councell
               ,
               but
               still
               rejected
               .
               As
               to
               Charles
               the
               ninth
               by
               the
               Pope
               ,
               the
               Emperours
               ,
               and
               other
               Princes
               .
               2
               His
               answer
               to
               their
               demand
               .
               4,5
               Instances
               made
               to
               Henry
               the
               third
               by
               the
               Clergie
               of
               France
               .
               With
               severall
               Orations
               to
               that
               purpose
               .
               9
               His
               answer
               to
               the
               King
               of
               
                 Navar.
                 13
              
               Hee
               further
               importun'd
               by
               Provinciall
               Councels
               .
               15
               All
               these
               instances
               made
               by
               the
               Popes
               i●stigation
               .
               16,17
               Who
               use
               to
               serve
               themselves
               of
               the
               Clergie
               against
               Princes
               .
               19
               The
               rejection
               of
               this
               Councell
               never
               objected
               to
               this
               King
               by
               his
               accusers
               .
               20
               Some
               things
               ordain'd
               consonant
               ,
               some
               things
               contrary
               to
               this
               Councell
               .
            
             
               Chap.
               III.
               p.
               20.
               
            
             
               1
               THe
               Pope
               was
               a
               party
               ,
               and
               therefore
               could
               not
               call
               the
               Councell
               ,
               nor
               be
               judge
               in
               his
               owne
               cause
               ,
               2
               According
               to
               his
               owne
               Canon
               law
               .
               Besides
               ,
               there
               were
               
               severall
               Appeales
               from
               him
               ,
               put
               up
               by
               Luther
               ,
               the
               Archbishop
               of
               Cullen
               ,
               the
               Vnivositie
               of
               Paris
               ,
               the
               Protestants
               of
               Germany
               ,
               and
               therefore
               he
               was
               disenabled
               from
               being
               Iudge
               of
               the
               Appeale
               .
            
             
               Chap.
               IV.
               p.
               21.
               
            
             
               1
               THat
               the
               Pope
               stood
               in
               need
               of
               reformation
               (
               and
               therefore
               incapable
               of
               being
               Iudge
               )
               .
               2
               Confessed
               by
               Pope
               
                 Adrian
                 .
                 3
              
               By
               the
               Councels
               of
               
                 Constanc●
                 ,
                 4
                 Basil
              
               ,
               and
               Pisa.
               Yet
               nothing
               reform'd
               .
            
             
               Chap.
               V.
               p.
               23.
               
            
             
               1
               PRotestants
               were
               condemned
               before
               they
               were
               called
               to
               the
               Councell
               ;
               and
               may
               therefore
               justly
               refuse
               it
               .
               3
               The
               Pope
               knownly
               hated
               them
               ;
               therefore
               they
               needed
               not
               obey
               his
               summons
               .
               6,7
               An
               enemie
               should
               not
               be
               a
               Iudge
               .
            
             
               Chap.
               VI.
               p.
               25.
               
            
             
               1
               WArres
               on
               foot
               in
               the
               time
               of
               the
               Councell
               .
               2
               Complain'd
               of
               by
               the
               Protestants
               .
               3
               Confest
               by
               the
               Popes
               .
               4
               Approved
               by
               the
               Councell
               .
               5
               As
               the
               Parman
               warre
               ,
               7
               And
               civill
               warres
               of
               
                 France
                 .
                 10
              
               Whereby
               many
               were
               hindred
               from
               going
               to
               the
               Councell
               ;
               11
               And
               therefore
               ought
               not
               to
               be
               prejudiced
               by
               their
               absence
               .
               12,13
               The
               Councell
               question'd
               whether
               continued
               or
               ended
               .
            
             
               Chap.
               VII
               .
               p.
               30.
               
            
             
               1
               DEmands
               that
               the
               Councell
               might
               be
               kept
               in
               some
               free
               place
               ,
               made
               by
               the
               
                 Germans
                 :
                 5
              
               By
               the
               King
               of
               
                 England
                 :
                 6
              
               By
               the
               King
               of
               
                 France
                 .
                 7
              
               As
               formerly
               by
               the
               Pisan
               Fathers
               .
               8
               Their
               Apologie
               .
               
                 10
                 Trent
              
               no
               free
               place
               ,
               but
               subject
               to
               the
               Pope
               .
               11
               Letters
               of
               safe
               conduct
               no
               good
               security
               .
               12
               Of
               what
               consequence
               the
               place
               hath
               beene
               anciently
               reputed
               .
               13
               By
               Pope
               Iohn
               the
               
                 23.
                 14
              
               
               Summons
               to
               a
               place
               not
               safe
               ,
               are
               invalid
               .
               15
               And
               have
               be●ne
               so
               judg'd
               by
               Popes
               ,
               17
               And
               Canonists
               .
               18
               Where
               the
               place
               of
               judgement
               is
               not
               safe
               ,
               there
               may
               be
               an
               Appeale
               .
            
             
               Chap.
               VIII
               .
               p.
               36.
               
            
             
               1
               ALL
               were
               not
               called
               to
               this
               Councell
               that
               should
               have
               beene
               .
               2
               No●
               all
               the
               Clergie
               ;
               nor
               any
               of
               the
               Laity
               .
               Contrary
               to
               ancient
               custome
               .
               
                 3
                 ,
                 4
              
               Lay
               men
               sometimes
               admitted
               to
               bee
               Iudges
               in
               controversies
               of
               faith
               .
               5
               Yea
               even
               Heathen
               Philosophers
               .
               7,8
               Controversies
               sometimes
               decided
               by
               Councels
               .
               9
               Sometimes
               by
               reference
               .
               10
               Sometimes
               by
               conference
               .
               A
               meanes
               proposed
               for
               reconciling
               the
               present
               disterence
               in
               Religion
               .
               
                 11
                 ,
                 12
              
               Further
               prosecuted
               .
               13
               Lay
               mens
               plea
               for
               admittance
               in
               this
               Councell
               .
               
                 14
                 Bellarmines
              
               answer
               examined
               .
               15
               The
               power
               of
               Emperours
               and
               Kings
               in
               this
               case
               .
               
                 16
                 ,
                 17
              
               Some
               of
               them
               have
               beene
               Iudges
               in
               Councels
               .
               18,19
               Lay
               men
               admitted
               by
               Kings
               to
               assist
               at
               severall
               Councels
               .
               
                 30
                 ,
                 31
              
               And
               
                 Spaine
                 .
                 32,33
              
               ,
               &c.
               And
               
                 England
                 .
                 36
                 ,
                 37
              
               Admitted
               likewise
               by
               Emperours
               .
               38
               Yea
               summoned
               by
               Popes
               .
               40
               Lay
               mens
               presence
               in
               Councels
               not
               absolutely
               necessary
               ,
               and
               when
               convenient
               .
               43
               The
               ignorance
               of
               the
               Popish
               Clergie
               .
               44
               The
               Authours
               apologie
               .
               45
               The
               assistance
               of
               the
               laity
               allowed
               by
               severall
               authours
               .
               46,47
               Practised
               at
               severall
               Councels
               ,
               Trent
               excepted
               .
               48
               Anodious
               doctrine
               to
               Popes
               ,
               and
               why
               .
            
             
               Chap.
               IX
               .
               p.
               47.
               
            
             
               1
               THe
               Trent
               Fathers
               were
               the
               Popes
               creatures
               .
               2
               That
               abuse
               observed
               by
               the
               Emperour
               .
               3,4
               Complain'd
               of
               by
               the
               French
               Ambassadours
               .
               
                 5
                 ,
                 6
              
               And
               Protestants
               of
               
                 Germany
                 .
                 8
              
               As
               good
               as
               confest
               by
               the
               Popes
               themselves
               .
               9
               The
               charges
               of
               Councels
               defrayed
               formerly
               by
               the
               Emperours
               .
               10
               Of
               late
               by
               the
               Pope
               .
               And
               therefore
               the
               judgement
               of
               such
               Councels
               in
               the
               Popes
               cause
               refusable
               .
            
             
               Chap.
               X.
               p.
               51.
               
            
             
               1
               THis
               Councell
               compared
               with
               others
               for
               number
               of
               Bishops
               .
               2
               Which
               were
               so
               few
               here
               ,
               that
               it
               cannot
               be
               accounted
               generall
               .
               
                 3
                 Henry
              
               the
               seconds
               protestation
               
               against
               it
               upon
               that
               ground
               .
               4
               The
               number
               in
               the
               later
               Sessions
               doth
               not
               legitimate
               the
               paucitie
               in
               the
               former
               .
            
             
               Chap.
               XI
               .
               p.
               53.
               
            
             
               1
               THe
               Emperours
               letters
               to
               the
               Pope
               about
               the
               indirect
               dealing
               of
               the
               Councell
               .
               2
               The
               French
               Ambassadours
               oration
               in
               the
               Councell
               to
               that
               effect
               .
               3
               Their
               retire
               from
               the
               Councell
               .
            
             
               Chap.
               XII
               .
               p.
               54.
               
            
             
               1
               ALL
               processe
               made
               by
               a
               suspected
               Iudge
               is
               void
               .
               2
               The
               Pope
               challenged
               as
               an
               incompetent
               Iudge
               in
               this
               Councell
               .
               3
               The
               Councell
               protested
               against
               by
               the
               
                 Germans
                 ;
                 4,5
              
               By
               the
               King
               of
               
                 England
                 .
                 7
              
               By
               the
               Kings
               of
               
                 France
                 .
                 9
              
               Sentence
               passed
               upon
               absents
               invalid
               .
               10
               Yea
               though
               they
               had
               beene
               present
               ,
               there
               may
               be
               a
               second
               judgement
               .
               11
               As
               was
               in
               the
               case
               of
               the
               
                 Donatists
                 .
                 12
              
               And
               
                 Arrians
                 .
                 13
              
               Otherwise
               we
               cannot
               decline
               the
               sentence
               of
               the
               Councell
               of
               
                 Ariminum
                 .
                 15,16
              
               Other
               heresies
               sentenced
               in
               more
               Councels
               than
               one
               .
               17
               The
               injust
               dealing
               of
               the
               Councell
               of
               Ephesus
               .
               Pope
               Leo's
               protestation
               against
               it
               ,
               holds
               good
               against
               this
               of
               Trent
               .
            
          
        
         
           
             BOOKE
             .
             II.
             
          
           
             
               Chap.
               I.
               p.
               61.
               
            
             
               1
               NVllities
               in
               the
               matter
               of
               the
               Councell
               :
               As
               in
               deniall
               of
               justice
               .
               2
               In
               things
               demanded
               by
               the
               Emperour
               .
               3
               By
               the
               King
               of
               
                 France
                 .
                 4
              
               By
               the
               Catholique
               Princes
               of
               
                 Germany
                 .
                 5
              
               By
               the
               Duke
               of
               Bavaria
               .
               In
               which
               demands
               are
               particularly
               mentioned
               such
               abuses
               as
               should
               have
               beene
               reformed
               .
               7
               Many
               of
               them
               confest
               by
               the
               Deputies
               of
               Paul
               the
               third
               .
            
             
               Chap.
               II.
               p.
               65.
               
            
             
               1
               THe
               abuses
               complain'd
               of
               ,
               not
               reform'd
               by
               the
               Councell
               .
               2
               Reformation
               of
               the
               Head
               ,
               the
               Pope
               and
               Court
               of
               Rome
               ,
               demanded
               by
               Princes
               ;
               confessed
               necessary
               by
               Popes
               .
               3
               Yet
               not
               medled
               with
               by
               the
               Councell
               .
               6
               The
               Authors
               protestation
               to
               set
               downe
               the
               Papall
               ,
               not
               the
               personall
               faults
               of
               Popes
               .
               7,8,9
               ,
               &c.
               The
               complaints
               of
               many
               ancient
               Popish
               authours
               against
               the
               abuses
               of
               the
               Pope
               and
               Court
               of
               Rome
               ;
               with
               some
               Councels
               that
               attempted
               ,
               but
               effected
               not
               a
               reformation
               .
            
             
               Chap.
               III.
               p.
               74.
               
            
             
               1,2
               ,
               &c.
               ANcient
               complaints
               against
               the
               inordinate
               desires
               of
               the
               Popes
               after
               temporals
               ,
               which
               made
               them
               neglect
               spirituall
               matters
               .
               5,6
               ,
               &c.
               All
               things
               set
               to
               sale
               at
               Rom●
               ;
               even
               the
               Holy
               Ghost
               .
               7,8
               The
               avarice
               and
               exactions
               of
               that
               Court.
               10
               As
               great
               since
               as
               before
               this
               Councell
               .
            
             
               Chap.
               IV.
               p.
               78.
               
            
             
               1
               BY
               what
               meanes
               the
               Popes
               enriched
               themselves
               .
               2
               A
               price
               set
               upon
               all
               sins
               in
               his
               
                 Penitentiary
                 tax
                 .
                 4
              
               The
               tax
               of
               the
               Chancelourship
               .
               6
               The
               tax
               upon
               Bishopriques
               .
               7
               Exactions
               of
               Annats
               or
               first-fruits
               .
               14
               When
               the
               Pope
               first
               usurped
               them
               .
               18
               The
               Emperours
               anciently
               required
               them
               not
               .
               21
               Of
               selling
               the
               Pall.
               22,23
               The
               state
               of
               first-fruits
               in
               
                 France
                 .
                 25
              
               The
               Popes
               ancient
               incomes
               out
               of
               
                 England
                 .
                 26
              
               Their
               simoniacall
               gettings
               by
               Reservations
               ,
               Graces
               ,
               Provisions
               ,
               &c.
               
               27
               Their
               impositions
               of
               taxes
               and
               tributes
               upon
               kingdomes
               .
               Particularly
               upon
               
                 England
                 .
                 28,29
              
               What
               trickes
               they
               used
               to
               oppresse
               this
               Realme
               .
               30
               The
               Popes
               proverbe
               of
               
                 England
                 .
                 31
              
               The
               like
               oppressions
               and
               complaints
               in
               
                 France
                 .
                 33
              
               The
               Pope●
               challenge
               to
               the
               goods
               of
               Clergie
               men
               that
               die
               intestate
               .
               Their
               revenues
               on●
               of
               the
               stewes
               .
               Their
               yearly
               Kin●
               .
            
             
               
               
                 Chap.
                 V.
                 p.
                 91.
              
               
            
             
               1
               THe
               Popes
               exactions
               under
               colour
               of
               a
               holy
               warre
               .
               By
               absolving
               such
               as
               had
               taken
               the
               Crosse
               upon
               them
               .
               2
               And
               raising
               levyes
               for
               the
               maintenance
               of
               the
               holy
               Land.
               3
               And
               reparations
               of
               
                 St.
                 Peters
              
               Church
               .
               5
               The
               Popes
               used
               the
               colour
               of
               a
               holy
               Warre
               ,
               to
               wreake
               their
               own
               spite
               .
               7
               And
               converted
               those
               collections
               to
               their
               private
               ends
               .
               Opposition
               made
               against
               them
               in
               Spaine
               .
            
             
               Chap.
               VI.
               p.
               94.
               
            
             
               1
               BY
               what
               meanes
               the
               Popes
               cheated
               other
               Patrons
               of
               their
               advousons
               and
               presentations
               to
               Ecclesiasticall
               livings
               .
               2,3
               Ancient
               complaints
               against
               this
               abuse
               .
               5
               Of
               their
               conferring
               them
               upon
               lewd
               persons
               .
               
                 6
                 ,
                 7
              
               Remedies
               provided
               ,
               but
               not
               applyed
               .
               9,10
               Of
               their
               preferring
               dunses
               .
               11
               And
               aliens
               .
               12
               The
               inconveniences
               that
               follow
               upon
               this
               .
               
                 13
                 ,
                 14
              
               Vrged
               by
               the
               
                 French.
                 15
              
               Confessed
               by
               the
               Cardinals
               ,
               but
               not
               yet
               reformed
               by
               the
               Pope
               .
            
             
               Chap.
               VII
               .
               p
               99.
               
            
             
               1
               OF
               drawing
               all
               suits
               concerning
               causes
               and
               persons
               Ecclesiastical
               out
               of
               other
               nations
               to
               the
               Court
               of
               
                 Rome
                 .
                 2
              
               Inconveniences
               thence
               ensuing
               .
               
                 3
                 ,
                 4
                 ,
                 5
                 ,
                 &c.
              
               Complaints
               made
               against
               them
               .
               7
               Of
               appeals
               to
               
                 Rome
                 .
                 8●
                 9
              
               The
               multi●●de
               and
               abuse
               of
               them
               .
               
                 10
                 ,
                 11
              
               The
               Court
               of
               Romes
               usurpation
               upon
               the
               Lay
               jurisdiction
               .
            
             
               Chap.
               VIII
               .
               p.
               102
            
             
               1
               BY
               what
               meanes
               the
               Popes
               get
               the
               jurisdiction
               over
               causes
               and
               persons
               civill
               .
               Of
               Ecclesiasticall
               informations
               .
               2
               Of
               the
               intervening
               of
               an
               o●th
               .
               3,4
               A
               law
               made
               in
               France
               against
               the
               Popes
               usurpation
               in
               this
               kind
               .
               4
               And
               the
               statute
               of
               Premunire
               in
               
                 England
                 .
                 5
              
               The
               Popes
               intermedling
               with
               Emperors
               and
               Kings
               .
               Their
               crownes
               and
               dignities
               .
               6
               As
               King
               Edward
               the
               first
               of
               England
               .
               The
               Pope
               rejcted
               by
               Parliament
               .
               8
               The
               judgement
               passed
               by
               Secular
               Princes
               ,
               dis●●●●ed
               by
               Popes
               .
               
                 10
                 ,
                 11
              
               Of
               their
               metamorphosing
               Lay
               men
               into
               Clergy
               men
               .
               12
               Of
               the
               Popes
               Commissaries
               ,
               and
               Delegate
               Iudges
               .
               
                 13
                 ,
                 14
              
               Anciently
               complained
               of
               .
               15
               Not
               reform'd
               but
               confirm'd
               by
               this
               Councell
               .
               16
               Of
               the
               Popes
               Legats
               .
               
                 17
                 ,
                 18
              
               Their
               power
               to
               legitimate
               bastards
               .
               20
               And
               other
               faculties
               ,
               as
               to
               dispense
               with
               Councels
               .
            
             
               Chap.
               IX
               .
               p
               ,
               107
            
             
               1
               OF
               the
               Popes
               usurpation
               of
               Lordships●
               and
               Kingdomes
               .
               2
               Of
               their
               temporall
               domin●on
               in
               
                 Rome
                 .
                 3
                 ,
                 4
              
               How
               they
               hold
               it
               ,
               and
               when
               they
               got
               it
               .
               5
               Th●ir
               claim●
               to
               
                 Scotland
                 .
                 6
              
               Encroaching
               upon
               
                 Poland
                 .
                 7
              
               And
               
                 Sicily
                 .
                 8
              
               Especially
               England
               in
               the
               time
               of
               King
               
                 Iohn
                 .
                 9
                 ,
                 10.
              
               
               That
               story
               more
               at
               large
               .
               
                 11●
                 12
              
               Excommunications
               abused
               by
               Popes
               to
               secular
               ends
               .
               
                 1●
                 .
                 15.
                 &c.
              
               Their
               inordinate
               desire
               of
               preferring
               their
               Nephewes
               ,
               and
               kindred
               by
               indirect
               meanes
               .
               
                 19
                 ,
                 20
                 ,
                 &c.
              
               Their
               excessive
               luxury
               .
            
             
               Chap.
               X.
               p.
               112.
               
            
             
               1
               OF
               the
               unlimited
               and
               injust
               power
               of
               Popes
               .
               
                 2
                 ,
                 3
              
               Given
               them
               by
               their
               flatterers
               .
               5
               And
               admitted
               by
               themselves
               .
               8
               Wherein
               the
               pl●nitude
               of
               the
               Popes
               power
               is
               said
               to
               consist
               .
               9
               How
               superior
               to
               Angels
               .
               10
               And
               th'Apostles
               .
               
                 12●
                 13●
                 14
              
               How
               deified
               by
               his
               flatterers
               .
               15
               The
               adoration
               of
               his
               feet
               .
               20
               The
               donation
               of
               
                 Constantine
                 .
                 21
                 ,
                 22.
                 &c.
              
               Severall
               Popish
               maxims
               concern●ng
               the
               Popes
               supreme
               authoritie
               in
               temporals
               .
               
                 30,31
                 ,
                 &c.
              
               Of
               his
               transferring
               the
               E●pire
               and
               bestowing
               of
               Kingdomes
               .
               41
               Absolving
               subject●
               from
               the
               oath
               of
               ●ll●geance
               .
               52
               Power
               〈◊〉
               Infidel
               Princes
               .
               53
               Donation
               of
               the
               West
               
                 Indies
                 .
                 55
              
               Testimonies
               of
               Popes
               for
               their
               supremacy
               .
               56
               The
               King
               of
               France
               〈…〉
               how
               evaded
               by
               Popes
               .
               57
               The
               Popes
               usurpations
               over
               Kings
               approved
               
               by
               this
               Councel
               .
               59
               The
               King
               of
               France
               frivolously
               excepted
               .
               60
               The
               ill
               consequences
               of
               the
               Popes
               temporall
               power
               .
            
             
               Chap.
               XI
               .
               p.
               120.
               
            
             
               1
               OF
               the
               Popes
               honours
               .
               How
               they
               make
               Kings
               their
               Lacqueyes
               .
               2
               By
               their
               Ceremoniall
               .
               3
               And
               have
               required
               the
               actual
               performance
               of
               these
               services
               .
               The
               quarrell
               with
               the
               Emperour
               Frederick
               for
               holding
               the
               wrong
               stirrop
               .
               4
               For
               putting
               his
               name
               before
               the
               Popes
               .
               
                 6
                 ,
                 7
              
               Other
               insolent
               carriages
               of
               Popes
               towards
               severall
               Emperours
               and
               Princes
               .
               10,11
               A
               draught
               of
               the
               Popes
               greatnesse
               .
               12
               Those
               authours
               that
               extend
               it
               furthest
               best
               encouraged
               ;
               others
               supprest
               and
               purg'd
               .
            
             
               Chap.
               XII
               .
               p.
               123.
               
            
             
               1
               POpes
               opposed
               in
               their
               attempts
               over
               Kingdomes
               and
               Empires
               .
               By
               the
               Clergy
               of
               
                 France
                 .
                 3
                 ,
                 4
              
               In
               their
               excommunicating
               and
               deposing
               of
               Emperou●s
               .
               5
               By
               the
               Clergie
               of
               
                 Liege
                 .
                 6
              
               The
               Popes
               power
               in
               temporals
               spoken
               against
               by
               St
               
                 Bernard
                 .
                 7,8
                 ,
                 &c.
              
               And
               divers
               others
               .
               10,12
               Opposed
               by
               the
               Nobles
               of
               
                 England
                 .
                 13
                 ,
                 14
              
               The
               Nobles
               and
               Clergy
               of
               
                 France
                 .
                 15
              
               The
               States
               of
               the
               Empire
               .
               
                 16
                 ,
                 17
              
               The
               Canonists
               .
               
                 21
                 ,
                 23
              
               Devines
               and
               Historians
               .
               
                 24
                 ,
                 25
              
               Princes
               and
               Parliaments
               .
               
                 26
                 ,
                 27
              
               Popes
               absolving
               subjects
               from
               their
               allegeance
               disproved
               .
               33
               A
               list
               of
               such
               authours
               as
               deny
               their
               temporall
               power
               .
            
             
               Chap.
               XIII
               .
               p.
               131.
               
            
             
               
                 1
                 A
              
               Parallel
               betwixt
               Christs
               humilitie
               and
               the
               Popes
               ambition
               .
               2
               The
               pride
               of
               Rome
               bodes
               her
               fall
               .
               3
               The
               Court
               of
               Rome
               like
               the
               image
               in
               
                 Daniel
                 .
                 4
              
               A
               prophecy
               of
               a
               King
               of
               France
               .
            
             
               Chap.
               XIV
               .
               p.
               134.
               
            
             
               1
               THe
               number
               of
               Cardinals
               too
               great
               .
               2
               An
               occasion
               of
               many
               abuses●
               3
               Of
               their
               prodigious
               plurality
               of
               benefices
               .
               4
               Their
               number
               anciently
               complain'd
               of
               .
               5
               But
               not
               reform'd
               by
               the
               Councell
               .
            
          
        
         
           
             BOOKE
             III.
             
          
           
             
               Chap.
               I.
               p.
               137.
               
            
             
               1
               THis
               Councel
               gives
               too
               much
               to
               the
               Pope
               .
               23
               By
               allowing
               them
               the
               power
               of
               calling
               it
               .
               4
               And
               submitting
               all
               the
               Decrees
               to
               him
               .
               
                 5
                 ,
                 6
              
               And
               allowing
               him
               the
               power
               to
               translate
               it
               .
               7
               Popes
               usurpe
               the
               power
               of
               calling
               Councels
               .
               8
               Or
               at
               least
               of
               approving
               them
               .
               9
               Councels
               anciently
               called
               by
               Emperours
               ,
               not
               Popes
               :
               without
               either
               their
               command
               ,
               or
               explicite
               consent
               .
               Both
               generall
               ,
               a●
               the
               first
               of
               
                 Nice
                 .
                 12
              
               th●
               first
               of
               
                 Constantinople
                 .
                 13,14
                 ,
                 &c.
              
               Without
               any
               command
               from
               the
               Pope
               ;
               proved
               at
               large
               against
               
                 Bellarmine
                 .
                 18
              
               The
               first
               of
               
                 Ephesus
                 .
                 22
                 Bellarmines
              
               ans●●rs
               refuted
               .
               26
               The
               first
               of
               
                 Chalcedon
                 .
                 30
              
               The
               Councel
               of
               Sardis
               .
            
             
               Chap.
               II.
               p.
               145.
               
            
             
               2
               THe
               fift
               Generall
               Councell
               at
               Constantinople
               ,
               called
               without
               the
               Popes
               consent
               .
               3,4
               So
               likewise
               the
               sixt
               .
               5
               And
               seventh
               ,
               being
               the
               second
               
                 Nicene
                 .
                 6
              
               And
               eight
               generall
               ,
               at
               
                 Constantinople
                 8,9
                 ,
                 &c.
              
               
               Fifteen
               other
               Councels
               ,
               some
               〈…〉
               ;
               called
               by
               Emperours
               witho●t
               the
               Popes
               〈◊〉
               19
               The
               〈…〉
               t●
               come
               upon
               the
               Emp●r●urs
               call
               .
               20
               That
               Con●●l●
               were
               called
               by
               Emperours
               is
               confess'd
               by
               Popes
               .
            
             
               
               
                 Chap.
                 III.
                 p.
                 149
              
            
             
               1
               EMperors
               called
               not
               Councels
               by
               commission
               from
               the
               Pope
               .
               2
               But
               Popes
               were
               petitioners
               to
               them
               for
               the
               holding
               of
               them
               .
               As
               Liberius
               to
               
                 Constantius
                 3
                 Celestine
              
               to
               
                 Theodosius
                 .
                 4
                 ,
                 5
                 ,
                 6
              
               And
               other
               Popes
               to
               other
               Emperours
               .
               
                 7
                 ,
                 8
              
               Which
               was
               the
               common
               practice
               of
               other
               Bishops
               .
               9
               Popes
               sometimes
               called
               Councels
               by
               commission
               from
               the
               Emperours
               .
            
             
               Chap.
               IV.
               p.
               151.
               
            
             
               1
               THat
               Emperors
               when
               they
               called
               Councels
               ,
               directed
               their
               summons
               to
               Popes
               as
               well
               as
               to
               other
               Bishops
               .
               5
               How
               in
               ancient
               Councels
               they
               spoke
               by
               interpreters
               .
               6
               The
               Popes
               ignorance
               in
               the
               Greek
               .
               
                 7
                 ,
                 8
              
               Popes
               presence
               at
               Councels
               not
               entreated
               ,
               but
               commanded
               as
               well
               as
               others
               .
            
             
               
                 Chap.
                 V.
                 p.
                 153●
              
            
             
               1
               DIvers
               particular
               Councels
               called
               without
               the
               Popes
               presence
               ,
               consent
               ,
               or
               authority
               .
               2
               Yet
               they
               claime
               the
               power
               of
               calling
               them
               as
               well
               as
               generall
               4
               Examples
               of
               severall
               Councels
               called
               against
               Popes
               .
            
             
               Chap.
               VI.
               p.
               154.
               
            
             
               1
               THat
               notwithstanding
               all
               these
               authorities
               ,
               the
               Popes
               arrogate
               to
               themselves
               the
               power
               of
               calling
               Councels
               .
               2,3
               Their
               testimones
               answered
               .
               4
               Generall
               Councels
               should
               not
               be
               held
               unlesse
               the
               Pope
               be
               called
               to
               them
               .
               5,6,7
               That
               priviledge
               common
               to
               him
               ,
               with
               other
               Patriarchs
               .
               11
               The
               old
               Canon
               ,
               upon
               which
               the
               Popes
               build
               their
               authoritie
               ,
               examin'd
               .
               Whether
               one
               of
               the
               Apostles
               .
               12
               Whether
               confirm'd
               by
               the
               Nicene
               Councel
               .
               (
               13
               Ancient
               esteeme
               of
               the
               Bishop
               of
               Rome
               .
               )
               14
               Or
               at
               
                 Alexandria
                 .
                 16
                 ,
                 17
              
               Spurious
               Canons
               and
               testimonies
               imposed
               upon
               ancient
               Popes
               .
               18
               Ancient
               practice
               contradicts
               that
               pretended
               Canon
               .
               20
               How
               long
               it
               is
               since
               Popes
               first
               tooke
               upon
               them
               to
               call
               Councels
               .
               21
               Emperours
               called
               some
               since
               that
               .
               23
               Popes
               may
               call
               Provinciall
               Councels
               within
               their
               owne
               Diocese
               .
               (
               Their
               particular
               Diocese
               of
               what
               extent
               .
               )
               26
               As
               may
               other
               Patriarchs
               .
               27
               Whether
               a
               Generall
               Councell
               be
               now
               possible
               :
               if
               not
               called
               by
               the
               Pope
            
             
               Chap.
               VII
               .
               p.
               161.
               
            
             
               1
               POwer
               of
               calling
               Provinciall
               Councels
               given
               by
               the
               Councel
               of
               Trent
               to
               the
               Popes
               .
               2
               Which
               anciently
               belonged
               to
               Kings
               and
               Princes
               .
               3
               Proved
               to
               belong
               to
               the
               Kings
               of
               France
               in
               
                 France
                 .
                 4
                 ,
                 5
              
               A
               particular
               enumeration
               of
               above
               forty
               nationall
               Councels
               called
               by
               command
               of
               the
               Kings
               of
               
                 France
                 .
                 18
              
               Of
               others
               by
               their
               consent
               and
               approbation
               .
               19
               Councels
               called
               by
               the
               Kings
               of
               England
               within
               their
               dominions
               .
               20
               Many
               others
               by
               the
               Kings
               of
               Spaine
               .
            
             
               Chap.
               VIII
               .
               p.
               167.
               
            
             
               1
               THat
               it
               belongs
               to
               the
               Emperors
               and
               Kings
               to
               appoint
               the
               place
               where
               Councels
               sh●ll
               be
               held
               ,
               and
               not
               the
               Pope
               .
               2
               Proved
               by
               examples
               of
               Emperours
               and
               petitions
               of
               Popes
               .
               4
               That
               Princes
               also
               prescribe
               the
               time
               when
               Councels
               shall
               be
               holden
               .
            
             
               Chap.
               IX
               .
               p.
               169.
               
            
             
               1
               THat
               the
               power
               of
               prorogueing
               ,
               translating
               and
               dissolving
               Councels
               ,
               belongs
               to
               Emperours
               and
               Kings
               ,
               and
               not
               to
               the
               Pope
               .
               
                 2
                 ,
                 3
              
               That
               power
               used
               by
               the
               ancient
               ,
               6
               Challenged
               by
               late
               Emperours
               .
            
             
               Chap.
               X.
               p.
               170.
               
            
             
               1
               THat
               it
               belongs
               to
               Emperours
               and
               Kings
               to
               prescribe
               what
               persons
               shall
               b●●
               admitted
               in
               Councels
               .
               2
               And
               what
               matters
               shall
               bee
               handled
               in
               the
               ●●
               3
               And
               in
               what
               manner
               .
               7
               And
               forme
               .
            
             
               
               
                 Chap.
                 XI
                 .
                 p.
                 173.
              
               
            
             
               1
               THat
               the
               Presidence
               in
               Generall
               Councels
               belongs
               not
               to
               the
               Pope
               exclusively
               ,
               but
               to
               Emperours
               ,
               as
               also
               the
               judgement
               in
               them
               .
               That
               Constantine
               was
               President
               of
               the
               Nicene
               Councel
               .
               Reasons
               to
               the
               contrary
               answer'd
               .
               Athana●ius
               his
               testimony
               censured
               .
               3
               How
               Princes
               may
               fitly
               use
               their
               authority
               in
               Councels
               .
               5
               ,
               Who
               presided
               in
               the
               second
               Councel
               of
               
                 Ephesus
                 .
                 6
                 Zonaras
              
               and
               Evagrius
               misalledg'd
               by
               
                 Bellarmine
                 .
                 7.
              
               
               The
               Emperour
               appointed
               Iudges
               in
               the
               Councel
               of
               
                 Chalcedon
                 .
                 8
              
               Which
               were
               not
               the
               Popes
               Legates
               .
               
                 8
                 ,
                 9
              
               ,
               &c.
               Arguments
               to
               the
               contrary
               answered
               at
               large
               .
               
                 20
                 ,
                 22
              
               The
               Presidents
               in
               the
               fifth
               ,
               23
               And
               sixt
               General
               Councels
               ,
               appointed
               by
               Emperours
               .
               
                 24
                 ,
                 25
              
               Not
               by
               the
               Pope
               .
               31
               Emperours
               not
               bare
               spectators
               in
               Councels
               ,
               nor
               mere
               executioners
               of
               their
               Decrees
               ,
               32
               As
               the
               Councel
               of
               Trent
               makes
               them
               .
            
             
               Chap.
               XII
               .
               p.
               182.
               
            
             
               1
               THat
               the
               Pope
               hath
               no
               concurrent
               right
               to
               preside
               in
               Councels
               with
               the
               Emperours
               .
               
                 2
                 Bellarmines
              
               reasons
               to
               prove
               the
               Popes
               Presidence
               in
               the
               Councel
               of
               Nice
               answer'd
               .
               3
               Whether
               Hosius
               were
               President
               there
               .
               4
               That
               the
               Pope
               presided
               not
               in
               the
               second
               Generall
               Councell
               .
               6
               Nor
               in
               the
               third
               .
               (
               7
               In
               what
               nature
               Cyril
               of
               Alexandria
               presided
               there
               .
               )
               8
               Nor
               fourth
               .
               9
               Nor
               could
               he
               have
               presided
               in
               the
               fift
               if
               he
               would
               .
               What
               is
               meant
               by
               Prince
               in
               a
               Councel
               .
               10
               The
               Popes
               carriage
               concludes
               his
               pretended
               presidence
               .
               11
               The
               Pope
               no
               President
               in
               the
               sixt
               Councel
               .
               12
               The
               seventh
               ,
               eighth
               uncertaine
               .
               13
               The
               Popes
               presided
               in
               the
               eight
               Generall
               Councel
               .
               14
               Yet
               doth
               not
               that
               destroy
               the
               Emperours
               right
               .
               15
               As
               some
               Popes
               have
               given
               out
               .
            
             
               Chap.
               XIII
               .
               p.
               188.
               
            
             
               1
               THat
               the
               Presidence
               in
               nationall
               Coun●els
               belongs
               to
               Kings
               and
               Princes
               .
               
                 2
                 ,
                 3
              
               ,
               &c
               ,
               Proved
               by
               sundrie
               exampl●●
               of
               the
               Kings
               of
               
                 France
                 ,
                 11
                 England●
                 12
              
               And
               
                 Spaine
                 .
                 13
              
               Princes
               did
               not
               alwaies
               exercise
               this
               power
               .
            
             
               Chap.
               XIV
               .
               p.
               191.
               
            
             
               1
               THe
               power
               of
               authorising
               Councels
               given
               to
               the
               Pope
               by
               the
               Trent
               Councell
               .
               4
               How
               generall
               Councels
               were
               anciently
               promulgated
               and
               authorised
               .
               
                 5●
                 6
              
               How
               Provinciall
               .
               7
               The
               power
               of
               approving
               Councels
               belongs
               no
               more
               to
               the
               Pope
               than
               to
               others
               .
               9
               His
               rejection
               of
               no
               more
               force
               then
               others
               .
               10
               Councels
               anciently
               confirm'd
               by
               Emperours
               .
               12
               Published
               and
               promulgated
               by
               them
               .
               
                 13
                 ,
                 14.
              
               
               Provinciall
               Councels
               confirmed
               by
               particular
               Princes
               ,
               as
               in
               France
               .
            
          
        
         
           
             BOOKE
             IV.
             
          
           
             
               Chap.
               I.
               p.
               197.
               
            
             
               THat
               the
               Councel
               of
               Trent
               (
               indirectly
               )
               advanceth
               the
               Popes
               authoritie
               above
               a
               Councels
               .
               2
               By
               suffering
               him
               to
               command
               them
               as
               he
               did
               .
               13
               And
               to
               mulct
               ,
               14
               And
               transferre
               them
               .
               
                 15
                 ,
                 16
              
               Pope
               
                 Iulius
                 ,
                 Paul
              
               more
               bold
               with
               the
               Trent
               Councel
               than
               Eugenius
               with
               that
               of
               
                 Basil.
                 17
                 ,
                 20
              
               But
               with
               unlike
               event
               .
               21
               The
               Popes
               authority
               in
               all
               things
               reserv'd
               by
               this
               Councell
               ,
               
                 22
                 ,
                 23
              
               Which
               ought
               not
               have
               been
               done
               .
               24
               The
               whole
               power
               of
               expounding
               the
               Decrees
               wrongfully
               given
               to
               the
               Pope
               .
               26
               Their
               desiring
               his
               approba●ion
               .
               27
               The
               oath
               of
               obedience
               to
               him
               ,
               inusuall
               and
               injust
               .
               28
               So
               was
               the
               Popes
               cre●ting
               of
               Cardinals
               during
               the
               Councel
               .
               29
               And
               his
               taking
               upon
               him
               to
               accord
               Princes
               .
               31
               Depriving
               Councels
               of
               the
               election
               the
               Pope
               ,
               36
               The
               faculties
               of
               Legats
               derogaroty
               to
               Councels
               .
            
             
               
               
                 Chap.
                 II.
                 p.
                 206.
              
               
            
             
               1
               THat
               the
               Pope
               is
               not
               above
               a
               Councel
               .
               2
               For
               so
               no
               need
               of
               Councels
               .
               3
               So
               the
               Pope
               should
               be
               the
               Church
               ,
               which
               is
               absurd
               .
               
                 4
                 ,
                 5
                 ,
                 6
              
               What
               is
               meant
               by
               
                 Tell
                 it
                 to
                 the
                 Church
                 .
                 7
              
               Popes
               have
               confess'd
               themselves
               inferiour
               to
               Councels
               .
               
                 9
                 ,
                 10
                 ,
                 11
              
               The
               authority
               of
               Provinciall
               Councels
               greater
               than
               the
               Popes
               .
               
                 13
                 ,
                 14
              
               Much
               more
               of
               Generall
               .
               
                 15
                 ,
                 16
              
               ,
               &c.
               Saint
               Ieroms
               testimonie
               about
               the
               Popes
               authoritie
               examined
               .
            
             
               Chap.
               III.
               p.
               212.
               
            
             
               1
               POpes
               may
               be
               ,
               and
               have
               beene
               judged
               by
               Councels
               .
               2
               Yea
               and
               condemn'd
               too
               .
               
                 3
                 ,
                 4
              
               Pope
               Iohn
               deposed
               by
               a
               Councell
               .
               8
               Popes
               in
               fact
               have
               used
               Councels
               against
               other
               Popes
               .
               9
               And
               submitted
               themselves
               to
               their
               judgement
               .
               11
               The
               quarrell
               betwixt
               the
               Pope
               of
               Rome
               and
               Patriarch
               of
               Constantinople
               ,
               judged
               by
               the
               Councell
               of
               
                 Chalcedon
                 .
                 12.
              
               
               The
               Popes
               definition
               of
               faith
               examin'd
               there
               .
               17
               A
               cause
               judg'd
               by
               the
               Pope
               may
               be
               judg'd
               againe
               by
               a
               Councell
               ,
               as
               Saint
               Austin
               .
            
             
               Chap.
               IV.
               p.
               217.
               
            
             
               1
               OF
               severall
               Appeals
               that
               have
               been
               made
               from
               Popes
               to
               Councels
               ,
               whereby
               the
               superiority
               of
               Councels
               are
               proved
               .
               2
               Appeals
               made
               by
               Emperours
               .
               3
               By
               Generals
               of
               Orders
               .
               
                 5
                 ,
                 6
              
               By
               Kings
               of
               
                 France
                 .
                 7
              
               By
               the
               Vniversitie
               of
               
                 Paris
                 .
                 8
              
               A
               copy
               of
               their
               Appeal
               .
               9
               Such
               Appeals
               allowed
               by
               Canonists
               .
               
                 10
                 ,
                 11
                 ,
                 12
                 Bellarmines
              
               three
               examples
               of
               Appeals
               from
               Councels
               to
               the
               Pope
               answered
               .
            
             
               Chap.
               V.
               p.
               217.
               
            
             
               1
               THat
               a
               Councell
               is
               above
               the
               Pope
               ,
               proved
               directly
               .
               First
               from
               the
               decrees
               of
               Councels
               ,
               2
               As
               of
               the
               first
               
                 Pisan.
                 3
              
               Those
               of
               
                 Constance
                 ,
                 Basil
                 ,
                 Bourges
                 .
                 4
              
               That
               of
               
                 Lausanne
                 ,
                 5
              
               Another
               of
               
                 Pisa.
                 6
                 ,
                 7
                 ,
                 8
              
               All
               which
               Councels
               were
               either
               called
               or
               approved
               ,
               and
               confirm'd
               by
               Popes
               .
               9
               A
               reference
               to
               severall
               authours
               that
               teach
               a
               Councel
               to
               bee
               above
               the
               Pope
               .
            
             
               Chap.
               VI.
               p.
               224.
               
            
             
               1
               THe
               opinions
               of
               severall
               Vniversities
               touching
               the
               authority
               of
               Councels
               above
               the
               Pope
               .
               2
               As
               the
               Vniversitie
               of
               Cullen
               ,
               with
               their
               reasons
               .
               3
               The
               Vniversitie
               of
               
                 Erford
                 .
                 4
              
               Of
               
                 Vienna
                 .
                 5
              
               Of
               
                 Cracovia
                 .
                 6
                 ,
                 7
              
               Of
               
                 Paris
                 .
                 9.10
              
               The
               Councels
               of
               Constance
               and
               Basil
               in
               this
               point
               approved
               by
               most
               of
               the
               Kings
               in
               Christendome
               .
               11
               Particularly
               by
               the
               French
               ,
               in
               the
               Pragmatique
               Sanction
               .
               12
               Which
               is
               still
               in
               force
               .
            
             
               Chap.
               VII
               .
               p.
               230.
               
            
             
               
                 1
                 ,
                 2
              
               EXceptions
               against
               the
               validity
               of
               the
               former
               Councels
               answerd
               .
               3
               The
               absence
               of
               some
               Prelate
               destroyes
               not
               the
               generality
               of
               the
               Councell
               of
               
                 Constance
                 .
                 4
              
               Because
               they
               were
               schismatical
               :
               and
               so
               judg'd
               by
               the
               Pope
               .
               Nor
               was
               it
               destitute
               of
               a
               lawfull
               Pope
               .
               5
               But
               confirmed
               by
               one
               .
               Bellarmines
               evasion
               refused
               .
               7
               And
               retorted
               against
               the
               Trent
               Councel
               .
               8
               The
               Councel
               of
               Constance
               approved
               by
               succeeding
               Councels
               ,
               as
               that
               of
               
                 Basil.
                 9
                 ,
                 10
                 ,
                 11
                 ,
                 12
              
               And
               this
               confirmed
               by
               three
               severall
               Popes
               .
               
                 13
                 ,
                 14
              
               Nor
               generally
               rejected
               by
               the
               Church
               .
               15
               but
               onely
               by
               some
               ,
               and
               in
               part
               .
               
                 17
                 ,
                 18
              
               ,
               &c.
               The
               validity
               of
               the
               Pi●an
               Councell
               asserted
               ;
               the
               nullity
               of
               the
               Laterane
               ;
               and
               the
               story
               at
               large
               of
               both
               .
               21
               The
               oath
               of
               the
               Cardinals
               for
               reformation
               .
               22
               Pope
               Iulius
               his
               perjury
               ;
               23
               Which
               occasioned
               the
               calling
               of
               the
               Pisan
               Councell
               .
               
                 24
                 ,
                 25
              
               His
               demeanour
               in
               it
               .
               26
               His
               conditions
               .
               27
               The
               Lateran
               Councell
               justly
               rejected
               .
               28
               As
               prejudiciall
               to
               
                 France
                 .
                 29
              
               Is
               but
               a
               Conventicle
               .
               31
               And
               appeal
               made
               from
               it
               by
               the
               Vniversity
               of
               Paris
               .
            
             
               
               
                 Chap.
                 VIII
                 .
                 p.
                 241.
              
               
            
             
               1
               A
               Refutation
               of
               those
               five
               reasons
               which
               Pope
               Leo
               with
               his
               Councell
               of
               Lateran
               urgeth
               to
               prove
               his
               authority
               over
               Councels
               .
               2
               The
               first
               drawne
               from
               a
               supposed
               Decree
               of
               
                 Nice
                 .
                 3
              
               The
               second
               from
               Pope
               Leo's
               translating
               the
               Councell
               of
               Chalcedon
               .
               Which
               is
               neither
               true
               nor
               proving
               .
               4
               The
               fourth
               that
               Pope
               Martin
               did
               the
               like
               ;
               but
               not
               without
               the
               consent
               of
               the
               Councell
               .
               6
               The
               fifth
               from
               the
               Popes
               prerogative
               above
               others
               .
               This
               granted
               for
               honour
               ,
               not
               for
               authority
               .
               7,8
               Obedience
               of
               Councels
               to
               Popes
               pretended
               ,
               not
               proved
               .
               10
               The
               fifth
               reason
               drawn
               from
               hence
               ,
               that
               some
               Councels
               have
               desired
               the
               Popes
               approbation
               .
               Refuted
               ,
               11
               Retorted
               .
               12
               The
               repeale
               of
               the
               Pragmatique
               ,
               
                 13
                 ,
                 14
              
               Invalid
               ,
               and
               never
               admitted
               .
               
                 15
                 Pius
              
               the
               seconds
               inconstancy
               .
               
                 18
                 Bellarmines
              
               argument
               from
               the
               order
               of
               names
               ,
               refuted
               .
            
          
        
         
           
             BOOKE
             V.
             
          
           
             
               Chap.
               I.
               p.
               249.
               
            
             
               1
               ABuses
               committed
               by
               the
               Pope
               in
               matter
               of
               Indulgences
               .
               2,3
               An
               occasion
               of
               much
               wickednesse
               .
               5,6
               ,
               &c.
               A
               Bull
               of
               large
               Indulgences
               granted
               by
               the
               Popes
               in
               the
               time
               of
               the
               Trent
               Councell
               to
               the
               Fraternity
               of
               the
               Sacrament
               of
               the
               Altar
               .
               42
               The
               abuse
               of
               Indulgences
               anciently
               complain'd
               of
               .
               43,44
               The
               doctrine
               condemned
               by
               
                 Gerson
                 .
                 50
              
               Reformation
               hereof
               demanded
               at
               the
               Councell
               of
               
                 Trent
                 .
                 51
              
               But
               not
               obtain'd
               .
            
             
               Chap.
               II.
               p.
               260.
               
            
             
               1
               OF
               Fraternities
               ,
               how
               devoted
               .
               2
               How
               dangero●●
               to
               the
               State.
               3,4,5
               Of
               the
               
                 Fraternity
                 of
                 the
                 Chaplet
              
               ,
               or
               the
               
                 Order
                 of
                 Penitents
                 .
                 6
              
               Of
               the
               sect
               of
               
                 Flagellants
                 7
                 ,
                 8
              
               Their
               originall
               ,
               and
               orders
               .
               
                 10
                 Gersons
              
               booke
               against
               them
               .
            
             
               Chap.
               III.
               p.
               265.
               
            
             
               1
               DIspensations
               abused
               by
               the
               Pope
               .
               2
               Hee
               takes
               upon
               him
               to
               dispense
               with
               the
               Lawes
               of
               God
               and
               man.
               3
               Complaints
               made
               hereupon
               by
               the
               Catholiques
               in
               
                 Germany
                 .
                 6
              
               By
               Saint
               
                 Bernard
                 .
                 7
              
               By
               the
               Parliament
               of
               
                 England
                 .
                 9
              
               By
               the
               Councell
               of
               
                 Constance
                 .
                 10
              
               By
               
                 Iohn
                 Gerson
                 ,
                 11
              
               By
               the
               deputies
               of
               Pope
               
                 Paul.
                 12
              
               Reformation
               demanded
               at
               the
               Trent
               Councell
               .
               13
               Which
               medled
               with
               them
               onely
               in
               three
               cases
               .
               14
               And
               that
               as
               good
               as
               nothing
               .
               15
               And
               contrary
               to
               the
               liberties
               of
               France
               .
            
             
               Chap.
               IV.
               p.
               269.
               
            
             
               1
               OF
               unions
               of
               Benefices
               both
               reall
               and
               personall
               .
               Which
               the
               Councell
               leaves
               to
               the
               Popes
               disposall
               .
               2
               Which
               of
               right
               belongs
               to
               the
               Bishops
               of
               the
               Dioceses
               ,
               with
               consent
               of
               the
               patrons
               .
               3
               Vpon
               reasonable
               cause
               .
               
                 4
                 ,
                 5
                 ,
                 6
              
               Otherwise
               they
               have
               and
               may
               be
               disanull'd
               ,
               nothwithstanding
               any
               prescription
               .
               7
               Contrary
               to
               the
               Councell
               of
               Trent
               ;
               which
               allowes
               prescription
               in
               some
               ,
               and
               the
               Popes
               pleasure
               in
               all
               .
            
             
               
               
                 Chap.
                 V.
                 p.
                 271.
              
               
            
             
               1
               OF
               the
               residence
               of
               Bishops
               .
               Which
               the
               Councell
               leaves
               to
               the
               Popes
               approbation
               :
               To
               the
               prejudice
               of
               Princes
               and
               Metropolitans
               .
               3
               To
               whom
               it
               belongs
               to
               approve
               the
               causes
               of
               their
               absence
               .
               2
               How
               Popes
               by
               this
               meanes
               depriv●
               Princes
               of
               their
               best
               servants
               .
               4,5,6
               For
               Kings
               to
               approve
               of
               non-residence
               ,
               was
               the
               practice
               of
               France
               before
               this
               Councell
               .
               8
               And
               the
               law
               since
               .
            
             
               Chap.
               VI.
               p.
               273.
               
            
             
               1
               BY
               this
               Councell
               of
               Trent
               there
               can
               be
               no
               more
               G●nerall
               Coun●els
               but
               when
               the
               Pope
               pleaseth
               .
               2
               Which
               takes
               away
               all
               hope
               of
               reformation
               .
               3
               And
               is
               contrary
               to
               the
               Decrees
               of
               former
               Councels
               .
               4
               The
               benefits
               proceeding
               from
               the
               frequency
               of
               Councels
               .
               5
               They
               bridle
               the
               Popes
               power
               :
               And
               therefore
               they
               decline
               them
               .
            
             
               Chap.
               VII
               .
               p.
               275.
               
            
             
               1
               OF
               Iesuites
               .
               Their
               Order
               confirm'd
               by
               this
               Councell
               .
               2
               Their
               speciall
               vow
               of
               obedience
               to
               the
               Pope
               .
               3
               Their
               deifying
               of
               him
               .
               4
               They
               are
               the
               Popes
               Ianizaries
               and
               Emissaries
               in
               the
               State.
               5
               Slaves
               to
               the
               Pope
               ;
               and
               therefore
               n●
               good
               subjects
               to
               their
               Prince
               .
               6
               Their
               doctrine
               that
               Kings
               may
               be
               deposed
               .
               7
               And
               ,
               of
               excommunicate
               ,
               killed
               .
               8,9
               That
               heretiques
               are
               to
               bee
               put
               to
               death
               .
               17
               Iesuites
               pernicious
               to
               the
               State
               ,
               therefore
               (
               once
               )
               banished
               out
               of
               France
               .
            
             
               Chap.
               VIII
               .
               p.
               280.
               
            
             
               1,2,3
               THat
               this
               Councell
               (
               in
               effect
               )
               gives
               the
               election
               ,
               nomination
               ,
               and
               investiture
               in
               all
               Abbeyes
               and
               Bishopriques
               to
               the
               Pope
               .
               4
               How
               this
               is
               prejudiciall
               to
               Princes
               .
               6
               How
               elections
               were
               anciently
               made
               by
               the
               Clergie
               and
               people
               .
               7
               Sometimes
               by
               the
               Pope
               .
               Yet
               still
               by
               a
               power
               derived
               from
               Emperors
               and
               Princes
               .
               8,9
               Proved
               out
               of
               the
               Canon
               law
               .
               Popes
               anciently
               elected
               by
               the
               Emperour
               .
               
                 13
                 ,
                 14
              
               This
               prerogative
               not
               renounced
               by
               the
               Emperour
               Lewes
               ,
               nor
               
                 Henry
                 .
                 15
                 ,
                 16
              
               But
               practised
               by
               Emperours
               ,
               and
               allowed
               by
               Popes
               till
               Gr●gory
               the
               s●venth
               .
               18
               And
               then
               taken
               from
               them
               by
               usurpation
               .
            
             
               Chap.
               IX
               .
               p.
               285.
               
            
             
               1
               THe
               election
               and
               investiture
               of
               Patriarchs
               and
               other
               Bishops
               belonged
               to
               the
               Emperours
               .
               
                 2
                 ,
                 3
              
               In
               which
               the
               Popes
               had
               nothing
               to
               doe
               but
               by
               commission
               from
               them
               :
               10
               Till
               Gregory
               the
               sevenths
               time
               ,
               who
               first
               usurped
               this
               power
               .
               Which
               was
               afterwards
               the
               occasion
               of
               many
               quarrels
               betwixt
               Emperors
               and
               Popes
               .
               11,12
               ,
               &c.
               As
               betwixt
               Henry
               and
               Paschal
               about
               investitures
               .
               16
               The
               Emperors
               renu●●iation
               invalid
               ,
               17
               Because
               compell'd
               ;
               18
               And
               does
               not
               binde
               his
               successors
               :
               19
               Who
               redemanded
               their
               right
               .
               20
               The
               Councels
               that
               condemn'd
               Investitures
               for
               heresies
               censur'd
               ,
               
                 21
                 ,
                 22
              
               And
               Ivo
               for
               defending
               them
               :
               23
               Who
               contradicts
               himselfe
               .
               24
               The
               Emperour
               Henry
               in
               part
               excused
               .
            
             
               Chap.
               X.
               p.
               291.
               
            
             
               1
               ELections
               ,
               nominations
               and
               investitures
               belonging
               to
               other
               Kings
               and
               Princes
               in
               their
               owne
               dominions
               .
               As
               the
               Kings
               of
               
                 Spaine
                 .
                 2,3
              
               &c.
               The
               Kings
               of
               England
               
               possessed
               of
               this
               right
               both
               before
               and
               since
               the
               Conquest
               .
               11
               With
               the
               Popes
               ap●●●bation
               .
               12,13
               The
               Kings
               of
               Hungary
               〈◊〉
               Apulia
               have
               done
               the
               like
               .
               14,15,16
               How
               the
               Kings
               of
               France
               have
               behaved
               themselves
               in
               this
               point
               18,19
               Their
               right
               confirm'd
               by
               Cou●●el
               23.
               
               And
               testified
               by
               Civilian●
               .
               26
               El●ctours
               to
               have
               ●●e
               Kings
               Conge
               d'●li●e
               .
               27
               And
               the
               elected
               to
               t●ke
               the
               oat●
               〈◊〉
               ●llegeance
               .
               
                 ●8
                 ,
                 29
              
               That
               the
               Kings
               of
               France
               ret●●ne
               the
               ●omi●●tion
               and
               the
               Popes
               have
               got
               the
               confirmation
               of
               Bishop●●
               30
               Which
               r●●ders
               them
               obnoxi●●a
               to
               the
               Popes
               ,
               and
               car●l●sse
               of
               their
               Prince
               .
               31,32
               .
               &c.
               Examples
               t●●●eof
               in
               Engl●●d
               and
               France●
            
          
        
         
           
             BOOK
             VI.
             
          
           
             
               Chap.
               I.
               p.
               299.
               
            
             
               1
               ALL
               jurisdiction
               in
               all
               causes
               and
               over
               all
               persons
               belongs
               originally
               to
               Secular
               Princes
               .
               2
               This
               Councell
               exempts
               Bishops
               ,
               and
               even
               in
               crimi●all
               causes
               submits
               them
               onely
               to
               the
               Pope
               .
               3
               Contrary
               to
               right
               .
               
                 4
                 ,
                 5
              
               And
               anc●ent
               practice
               .
               11
               ,
               &c.
               How
               Emperours
               have
               exercised
               their
               jurisdiction
               over
               Clergie-men
               ,
               sometimes
               by
               their
               Delegates
               :
               12
               Sometimes
               by
               Councels
               
                 15
                 ,
                 16
              
               ,
               &c.
               
               This
               right
               of
               Princes
               acknowledged
               by
               Popes
               .
               18
               Established
               by
               the
               Imperiall
               lawes
               .
               19
               Allowed
               by
               Councels
               .
               
                 21,22,23
                 French
              
               Bishops
               judg'd
               by
               their
               Kings
               .
               Sometimes
               with
               a
               Councell
               ,
               24
               Sometimes
               without
               .
               26
               This
               judgement
               of
               Bishops
               refused
               by
               Popes
               .
               27,28
               The
               present
               practices
               of
               France
               in
               such
               cases
               .
            
             
               Chap.
               II.
               p.
               306.
               
            
             
               1
               THat
               Bishops
               by
               this
               Councell
               are
               made
               the
               Popes
               delegates
               in
               matters
               of
               their
               owne
               ordinarie
               jurisdiction
               .
               2
               As
               visitation
               of
               Monasteries
               .
               3
               Providing
               for
               Sermons
               in
               peculiars
               .
               4
               Assigning
               a
               stipend
               to
               Curates
               .
               6
               Visiting
               of
               Clergie
               men
               .
               7
               Assigning
               of
               distributions
               in
               Cathedrall
               Churches
               .
               8
               And
               assistants
               to
               ignorant
               Rectors
               .
               9,10
               Vniting
               Churches
               .
               11
               Visiting
               exempted
               Churches
               .
               12
               And
               others
               not
               exempted
               .
               14,15
               Visiting
               of
               Hospitals
               and
               Schooles
               .
               16
               Disposing
               of
               gifts
               to
               pious
               uses
               .
               17
               Such
               delegations
               prejudiciall
               to
               Bishops
               ,
               Archbishops
               and
               Lawyers
               .
               18
               Evocations
               of
               causes
               out
               of
               other
               Courts
               to
               Rome
               ,
               allowed
               by
               this
               Councell
               .
               19
               The
               inconveniences
               thence
               ensuing
               .
            
             
               Chap.
               III.
               p.
               313.
               
            
             
               1
               THis
               Councell
               entrencheth
               upon
               the
               Secular
               jurisdiction
               ,
               by
               attributing
               seemingly
               to
               Bishops
               ,
               2
               But
               really
               to
               the
               Pope
               .
               3
               The
               cognizance
               of
               many
               things
               which
               in
               the
               Realme
               of
               France
               belong
               to
               the
               Civill
               jurisdiction
               in
               some
               cases
               ,
               not
               wholly
               to
               the
               Ecclesiasticall
               .
               4
               As
               libels
               .
               8
               Sorcerers
               .
               9
               Clandestine
               mariages
               .
               10,11
               And
               some
               other
               matrimoniall
               causes
               .
               12
               Right
               of
               patronage
               for
               the
               
                 pos●essory
                 .
                 13
              
               Lay
               appropriations
               .
               15
               Maintenance
               of
               Priests
               .
               17
               Visitation
               of
               benefices
               ,
               so
               as
               to
               compell
               reparations
               to
               be
               made
               .
               20
               Sequestration
               of
               fruits
               .
               21
               Royall
               Notaries
               .
               22
               Simple
               Shavelings
               .
               25
               Civill
               causes
               of
               Clerkes
               .
               26
               Adul●●r●es
               .
               29
               Seisure
               of
               goods
               .
               30
               Imprisonments
               .
               
                 31
                 ,
                 32
              
               Appeales
               as
               from
               abuse
               :
               abrogated
               by
               this
               Councell
               .
               33
               Erection
               of
               Schooles
               .
               34
               Building-money
               .
               35
               Meanes
               of
               hospitals
               .
               36
               Infeodation
               of
               Tithes
               .
               39
               Taking
               of
               the
               accounts
               of
               Hospitals
               ,
               Colledges
               ,
               and
               Schooles
               .
            
             
               
               
                 Chap.
                 IV.
                 p.
                 32●
              
               .
            
             
               1
               EXemptions
               granted
               by
               the
               Pope
               to
               Churches
               ,
               Colledges
               ,
               Abbeyes
               ,
               &c.
               confirmed
               by
               this
               Councell
               ,
               to
               the
               prejudice
               of
               Bishops
               .
               
                 2
                 ;
                 3
              
               Many
               complai●●
               anciently
               made
               against
               them
               .
               4
               The
               Popes
               have
               no
               power
               to
               grant
               them
               .
               5,6
               The
               unlawfulnesse
               and
               abuses
               of
               them
               .
               7
               Reformation
               hereof
               desired
               ●t
               the
               Trent
               Councell
               .
               8
               But
               not
               obtain'd
               .
               9
               Exemptions
               how
               used
               in
               France
               .
            
             
               Chap.
               V.
               p.
               327.
               
            
             
               1
               THe
               power
               of
               granting
               pardon●
               for
               criminall
               matters
               ,
               2
               Allowed
               to
               the
               Pope
               by
               this
               Councell
               .
               3
               Vnknowne
               to
               antiquity
               .
               4
               Being
               the
               true
               right
               of
               Princes
               .
            
             
               
                 Chap.
                 VI.
                 p.
                 328●
              
            
             
               1
               THe
               number
               of
               Papall
               Constitutions
               and
               Decrees
               complain'd
               of
               to
               this
               Councell
               .
               2
               Yet
               not
               abated
               ,
               but
               all
               confirm'd
               by
               it
               .
               3
               Many
               whereof
               were
               not
               received
               before
               .
               4,5
               Ancient
               complaints
               made
               against
               them
               .
               6
               By
               what
               degrees
               Popes
               usurped
               upon
               Princes
               by
               them●
               8,9
               Many
               pretended
               Decretals
               are
               suppos●titious
               .
               15
               Many
               abusive
               .
               17
               And
               derogatory
               to
               the
               Imperiall
               lawes
               .
               19
               The
               worst
               Popes
               authours
               of
               them
               .
               And
               the
               greatest
               enemies
               to
               Princes
               .
            
             
               Chap.
               VII
               .
               p.
               335.
               
            
             
               1
               THe
               censure
               of
               all
               bookes
               left
               to
               the
               Pope
               by
               this
               Councell
               .
               2
               The
               extent
               o●
               this
               power
               ,
               and
               mystery
               of
               the
               
                 Index
                 expurgatorius
                 .
                 3,4
              
               Wherein
               they
               condemn
               all
               authours
               that
               stand
               for
               the
               rights
               of
               Secular
               Princes
               .
               5
               Or
               of
               Councels
               against
               Popes
               .
               6
               And
               all
               that
               have
               writ
               against
               the
               abuses
               of
               their
               Court.
               7,8
               ,
               &c.
               
               And
               by
               the
               like
               reason
               they
               may
               condemne
               all
               or
               most
               of
               the
               lawes
               of
               Princes
               ,
               and
               liberties
               of
               the
               Gallican
               Church
               .
            
          
        
         
           
             BOOKE
             VII
             .
          
           
             
               Chap.
               I.
               p.
               341.
               
            
             
               1
               THat
               this
               Councel
               tends
               to
               the
               depressing
               and
               abasing
               the
               authoritie
               of
               Christian
               Princes
               .
               2
               By
               robbing
               them
               of
               their
               temporall
               jurisdiction
               .
               3
               Especially
               in
               case
               of
               duels
               .
               That
               a
               Councell
               hath
               no
               coactive
               jurisdiction
               over
               Princes
               .
               This
               proved
               by
               authority
               of
               Scriptures
               .
               4
               And
               ancient
               Fathers
               .
               5
               And
               Popish
               authours
               .
               6
               All
               coactive
               jurisdiction
               derived
               from
               Princes
               .
               7,8
               Over
               the
               Clergie
               variously
               exercised
               by
               the
               Imperiall
               lawes
               .
               9
               What
               use
               the
               Popes
               make
               of
               them
               .
               10
               They
               doe
               not
               binde
               present
               Princes
               .
            
             
               Chap.
               II.
               p.
               346.
               
            
             
               1
               THat
               a
               Councel
               hath
               no
               power
               in
               temporall
               matters
               .
               Proved
               by
               authoritie
               of
               Fathers
               (
               against
               the
               Trent
               Councel
               .
               )
               3
               By
               the
               practice
               of
               Popes
               .
               5,6.7
               And
               ancient
               Councels
               .
               8
               By
               reason
               .
               10
               Secular
               Princes
               may
               require
               subsidies
               of
               Clergie
               men
               .
               11
               Even
               by
               the
               Canon
               law
               .
               12
               If
               they
               have
               any
               exemptions●
               13
               (
               As
               they
               have
               many
               )
               14
               They
               were
               first
               granted
               by
               Princes
               .
               Such
               subsidies
               injustly
               prohibited
               
               by
               this
               Councell
               .
               15,16
               And
               some
               former
               Popes
               .
            
             
               Chap.
               III.
               p.
               352.
               
            
             
               1
               EXcommunications
               abused
               by
               Popes
               against
               Princes
               .
               2
               Kings
               should
               not
               easily
               be
               excommunicated
               .
               3
               As
               they
               are
               by
               this
               Councel
               .
               4
               The
               King
               of
               France
               claimes
               a
               priviledge
               and
               exemption
               from
               excommunication
               :
               5
               And
               why
               .
               7,8,9
               This
               priviledge
               acknowledged
               by
               Popes
               .
               10
               Maintained
               by
               Parliaments
               .
               11
               Confirmed
               by
               Popes
               .
            
             
               Chap.
               IV.
               p.
               355.
               
            
             
               1
               THis
               Councell
               useth
               commanding
               termes
               to
               Kings
               and
               Princes
               ,
               and
               makes
               them
               but
               the
               Bishops
               officers
               and
               executioners
               of
               their
               Decrees
               .
               2
               Contrary
               to
               the
               practice
               of
               former
               Councels
               .
               3,4
               ,
               &c.
               This
               makes
               Princes
               inferiour
               to
               Priests
               in
               point
               of
               honour
               .
               9
               How
               much
               the
               Pope
               is
               greater
               than
               the
               Emperour
               .
               
                 11
                 ,
                 12
              
               The
               humility
               of
               ancient
               Popes
               ;
               and
               the
               great
               respect
               they
               used
               to
               Kings
               and
               Emperours
               .
            
             
               Chap.
               V.
               p.
               359.
               
            
             
               1
               THe
               authority
               of
               Kings
               in
               the
               Church
               and
               over
               the
               Clergie
               .
               2
               More
               in
               right
               than
               in
               fact
               .
               3,4,5
               They
               are
               the
               patrons
               and
               defenders
               of
               the
               Church
               .
               6
               And
               have
               power
               to
               reforme
               it
               .
               7,8,9
               This
               power
               confest
               by
               Popes
               .
               10,11
               And
               Popish
               writers
               .
               12,13
               Exercised
               by
               Emperours
               ,
               14,15
               ,
               &c.
               And
               kings
               of
               France
               .
            
             
               Chap.
               VI.
               p.
               365.
               
            
             
               1
               THat
               Emperours
               and
               Kings
               have
               in
               all
               ages
               made
               lawes
               of
               Ecclesiasticall
               politie
               and
               discipline
               .
               3,4
               Both
               before
               Christ
               ,
               5,6
               And
               since
               .
               7
               That
               they
               had
               power
               so
               to
               doe
               .
               (
               But
               not
               to
               administer
               the
               word
               or
               sacraments
               .
               )
               8
               Especially
               the
               Emperour
               ,
               the
               Kings
               of
               England
               and
               
                 France
                 .
                 9
                 ,
                 10
              
               ,
               &c.
               This
               power
               of
               Princes
               co●fessed
               by
               Councels
               ,
               and
               ad●itted
               by
               Popes
               .
               16
               Who
               became
               suiters
               to
               them
               in
               that
               behalfe
               ,
               17,18
               And
               pro●oters
               of
               their
               ordinances
               .
            
             
               Chap.
               VII
               .
               p.
               371.
               
            
             
               1
               THe
               King
               of
               France
               wrong'd
               by
               this
               Councell
               i●
               point
               of
               precedence
               before
               the
               King
               of
               
                 Spaine
                 .
                 2
                 ,
                 3
              
               The
               quarrell
               betwixt
               their
               Ambassadours
               at
               Trent
               about
               it
               .
               4
               The
               Spanish
               party
               favoured
               by
               the
               Pope
               .
               5,6,7,8
               And
               by
               the
               Councell
               .
               10,11
               The
               King
               of
               France
               his
               right
               proved
               by
               Councels
               .
               13
               Doctors
               .
               14
               Even
               
                 Spaniards
                 .
                 15
              
               The
               Popes
               prevarica●ion
               in
               the
               cause
               .
               16
               Which
               is
               not
               yet
               decided
               .
            
             
               Chap.
               VIII
               .
               p.
               377.
               
            
             
               1
               INdults
               and
               expectative
               graces
               utterly
               prohibited
               by
               this
               Councell
               .
               2
               But
               tolerated
               by
               the
               lawes
               of
               France
               ,
               and
               practised
               there
               .
               4
               All
               power
               in
               excommunications
               ,
               either
               for
               procuring
               or
               prohibiting
               them
               ,
               taken
               from
               Civill
               Courts
               and
               Magistrates
               by
               this
               Councell
               .
               5
               Contrary
               to
               the
               law
               and
               custome
               of
               France
               .
               Where
               the
               kings
               (
               by
               their
               officers
               )
               doe
               decree
               them
               .
               6
               Or
               prohibit
               the
               execution
               of
               them
               .
               7
               Thereby
               curbing
               the
               attempts
               of
               Popes
               .
               8
               Prejudiciall
               to
               the
               lay
               Iudges
               .
               9
               Censures
               and
               excommunications
               abused
               by
               Popes
               .
               10
               And
               therefore
               opposed
               by
               Princes
               .
               
               11
               A
               reformation
               required
               at
               
                 Trent
                 .
                 12,13,14
              
               And
               before
               that
               they
               might
               be
               used
               for
               petty
               matters
               .
               16
               Yet
               no
               remedy
               obtained
               .
            
             
               Chap.
               IX
               .
               p.
               383.
               
            
             
               1
               THis
               Councell
               disposeth
               of
               the
               goods
               of
               Religious
               persons
               .
               Contrary
               to
               Law.
               2
               Gives
               Mendicants
               leave
               to
               possesse
               lands
               ,
               contrary
               to
               their
               Order
               ,
               and
               its
               owne
               Decree
               .
               3
               And
               the
               lawes
               of
               France
               .
               Notwithstanding
               the
               Popes
               dispensation
               .
               4
               This
               Councell
               cancels
               some
               leases
               of
               Church
               lands
               ,
               injustly
               ,
               because
               without
               the
               Kings
               leave
               .
               5
               It
               ordaines
               about
               commutation
               of
               last
               Wils
               ,
               contrary
               to
               the
               lawes
               of
               France
               .
            
             
               Chap.
               X.
               p.
               385.
               
            
             
               1
               THis
               Councell
               commands
               all
               Clergie
               men
               to
               receive
               the
               Decrees
               ,
               without
               regard
               to
               their
               Princes
               consent
               .
               (
               2
               Contrary
               to
               the
               practice
               of
               other
               Councels
               )
               3
               It
               denounces
               excommunications
               in
               case
               of
               refusall
               .
               Requires
               an
               oath
               of
               obedience
               .
               Disa●lowes
               toleration
               of
               Religion
               .
               4
               Approves
               violence
               in
               rooting
               out
               heresies
               .
               5,6
               And
               ordaines
               the
               Inquisition
               for
               them
               .
               7
               Contrary
               to
               the
               Edicts
               of
               pacification
               in
               
                 France
                 .
                 8
              
               The
               prejudices
               done
               by
               this
               Councell
               admit
               of
               no
               qualification
               .
               9
               And
               therefore
               it
               hath
               beene
               justly
               rejected
               .
            
          
        
      
       
         
         
           
             
               Faults
               escaped
               .
            
             
               
                 Pag.
                 
              
               
                 Line
              
               
                 Fault
                 .
              
               
                 Correction
                 .
              
            
             
               
                 24.
                 
              
               
                 37.
                 
              
               
                 preceed
                 .
              
               
                 preside
                 .
              
            
             
               
                 31.
                 
              
               
                 18.
                 
              
               
                 to
                 staine
                 ,
                 .
              
               
                 ●
                 to
                 staine
                 .
              
            
             
               
                 40.
                 
              
               
                 36.
                 
              
               
                 Trent
                 .
              
               
                 Tyre
                 .
              
            
             
               
                 41.
                 
              
               
                 34.
                 
              
               
                 Rhegno
                 .
              
               
                 Rhegino
                 .
              
            
             
               
                 58.
                 
              
               
                 9.
                 
              
               
                 a.
                 
              
               
                 dele
                 .
              
            
             
               
                 64.
                 
              
               
                 21.
                 
              
               
                 Holynesse
                 .
              
               
                 Highnesse
                 .
              
            
             
               
                  
              
               
                 32.
                 
              
               
                 discords
                 .
              
               
                 disorders
                 .
              
            
             
               
                 71.
                 
              
               
                 43.
                 
              
               
                 Of
                 Chartres
                 .
              
               
                 Of
                 the
                 Charterhouse
                 .
              
            
             
               
                 et
                 224.
                 
              
               
                 5.
                 
              
               
                  
              
               
                  
              
            
             
               
                 75.
                 
              
               
                 24.
                 
              
               
                 Fontanus
                 .
              
               
                 Fontanus
                 hath
                 put
                 .
              
            
             
               
                  
              
               
                 marg
                 .
              
               
                 Alberius
                 .
              
               
                 Albericus
                 .
              
            
             
               
                 81.
                 
              
               
                 3.
                 
              
               
                 
                   exequeter
                   one
                   yeeros
                
                 .
              
               
                 
                   exchequer
                   one
                   yeares
                
                 .
              
            
             
               
                 83.
                 
              
               
                 marg
                 .
              
               
                 Valoterran
                 .
              
               
                 Volaterran
                 .
              
            
             
               
                 86.
                 
              
               
                 41.
                 
              
               
                 Princes
                 .
              
               
                 Provinces
                 .
              
            
             
               
                 94.
                 
              
               
                 33.
                 
              
               
                 this
                 .
              
               
                 in
                 this
                 .
              
            
             
               
                 95.
                 
              
               
                 9.
                 
              
               
                 Apostles
                 .
              
               
                 Apostle
                 .
              
            
             
               
                 101.
                 
              
               
                 40.
                 
              
               
                 rank
                 .
              
               
                 instance
                 .
              
            
             
               
                 109.
                 
              
               
                 24.
                 
              
               
                 gave
                 .
              
               
                 have
                 .
              
            
             
               
                 121.
                 
              
               
                 46.
                 
              
               
                 writ
                 .
              
               
                 went.
                 
              
            
             
               
                 122.
                 
              
               
                 53.
                 
              
               
                 Avarus
                 .
              
               
                 Alvarus
                 .
              
            
             
               
                 125.
                 
              
               
                 30.
                 
              
               
                 in
                 .
              
               
                 into
                 .
              
            
             
               
                 130.
                 
              
               
                 46.
                 
              
               
                 at
                 .
              
               
                 as
                 .
              
            
             
               
                 159.
                 
              
               
                 marg
                 .
              
               
                 Radericus
                 .
              
               
                 Radenicus
                 .
              
            
             
               
                 166.
                 
              
               
                 34.
                 
              
               
                 Sismand
                 .
              
               
                 Sisenand
                 .
              
            
             
               
                 187.
                 
              
               
                 10.
                 
              
               
                 Emp●rour
                 .
              
               
                 Emperours
                 .
              
            
             
               
                 191.
                 
              
               
                 27.
                 
              
               
                 assembling
                 .
              
               
                 ascribing
                 to
                 him
                 .
              
            
             
               
                 194.
                 
              
               
                 13.
                 
              
               
                 commanded
                 them
                 that
                 .
              
               
                 dele
                 .
              
            
             
               
                 222.
                 
              
               
                 22.
                 
              
               
                 to
                 wit.
                 
              
               
                 dele
                 .
              
            
             
               
                 241.
                 
              
               
                 2.
                 
              
               
                 that
                 .
              
               
                 by
                 that
                 .
              
            
             
               
                 251.
                 
              
               
                 36.
                 
              
               
                 found
                 :
              
               
                 founded
                 .
              
            
             
               
                 253.
                 
              
               
                 26.
                 
              
               
                 blessed
                 .
              
               
                 the
                 blessed
                 .
              
            
             
               
                 257.
                 
              
               
                 47.
                 
              
               
                 the.
                 
              
               
                 at
                 the.
                 
              
            
             
               
                 265.
                 
              
               
                 5.
                 
              
               
                 they
                 .
                 an
                 .
              
               
                 the.
                 and.
                 
              
            
             
               
                 269.
                 
              
               
                 3.
                 
              
               
                 to
                 Popes
                 .
              
               
                 to
                 the
                 Popes
                 .
              
            
             
               
                 278.
                 
              
               
                 16.
                 
              
               
                 Monarchie
                 .
              
               
                 Monarch
                 .
              
            
             
               
                 288.
                 
              
               
                 42.
                 
              
               
                 you
                 .
              
               
                 yon
                 .
              
            
             
               
                 293.
                 
              
               
                 4.
                 
              
               
                 Doctour
                 .
                 rings
                 .
              
               
                 Doctours
                 .
                 Kings
                 .
              
            
             
               
                  
              
               
                 5.
                 
              
               
                 eight
                 .
              
               
                 right
                 .
              
            
             
               
                  
              
               
                 33.
                 
              
               
                 were
                 .
              
               
                 they
                 were
                 .
              
            
             
               
                 296.
                 
              
               
                 42.
                 
              
               
                 Churches
                 .
              
               
                 clutches
                 .
              
            
             
               
                 307.
                 
              
               
                 21.
                 
              
               
                 honour
                 .
                 under
                 .
              
               
                 order
                 .
                 over
                 .
              
            
             
               
                 310.
                 
              
               
                 41.
                 
              
               
                 Iudges
                 Royal
                 ,
                 Ordinaries
                 .
              
               
                 Ordinarie
                 Iudges
                 Royall
                 .
              
            
             
               
                 314.
                 
              
               
                 7.
                 
              
               
                 confute
                 .
              
               
                 confute
                 it
                 .
              
            
             
               
                 323.
                 
              
               
                 23.
                 
              
               
                 the.
                 
              
               
                 dele
                 .
              
            
             
               
                 328.
                 
              
               
                 25.
                 
              
               
                 by
                 .
              
               
                 to
                 .
              
            
             
               
                 331.
                 
              
               
                 19.
                 
              
               
                 authenthenti●ue
                 .
              
               
                 authentique
                 .
              
            
             
               
                 33●
                 .
              
               
                 14.
                 
              
               
                 by
                 .
              
               
                 ly
                 .
              
            
             
               
                 336.
                 
              
               
                 36.
                 
              
               
                 Hugenots
                 .
              
               
                 Huguenots
                 .
              
            
             
               
                 367.
                 
              
               
                 20.
                 
              
               
                 Church
                 .
              
               
                 Clergy
                 .
              
            
             
               
                 374.
                 
              
               
                 36.
                 
              
               
                 George
                 of
                 .
              
               
                 George
                 .
                 Of.
                 
              
            
          
        
      
    
     
       
         
         
         
           A
           REVIEW
           OF
           THE
           COVNCELL
           OF
           TRENT
           .
        
         
           
             CHAP.
             I.
             Of
             the
             resistance
             that
             hath
             beene
             made
             against
             such
             Popes
             and
             unjust
             Councells
             as
             tooke
             too
             much
             upon
             them
             .
          
           
             THE
             Councell
             of
             Trent
             was
             called
             of
             purpose
             to
             reforme
             those
             abuses
             of
             the
             Pope
             and
             Court
             of
             Rome
             which
             were
             the
             occasion
             of
             that
             Schisme
             under
             which
             wee
             now
             groane
             :
             
             which
             have
             raised
             all
             Christendome
             up
             in
             armes
             in
             these
             latter
             dayes
             ,
             and
             for
             the
             space
             of
             two
             hundred
             yeares
             and
             upwards
             ,
             in
             sundry
             Councels
             :
             which
             Pope
             Adrian
             did
             confesse
             in
             the
             Diet
             at
             Noremberg
             .
             and
             some
             of
             which
             the
             reformers
             of
             Paul
             the
             third
             could
             not
             deny
             .
             But
             the
             Popes
             turned
             the
             Cat
             in
             the
             pan
             ,
             and
             caried
             the
             matter
             so
             handsomly
             ,
             that
             in
             stead
             of
             a
             naturall
             birth
             ,
             the
             Councell
             was
             delivered
             of
             a
             monster
             ;
             and
             for
             a
             Canon
             or
             Synodicall
             Decree
             ,
             brought
             forth
             a
             Papall
             Bull
             :
             in
             stead
             of
             an
             extirpation
             of
             abuses
             ,
             a
             nursery
             of
             errours
             :
             a
             depravation
             ,
             for
             a
             reformation
             :
             a
             source
             of
             injustice
             :
             an
             authentique
             title
             to
             legitimate
             all
             the
             usurpations
             that
             ever
             the
             Popes
             have
             made
             upon
             the
             authority
             of
             the
             Church
             and
             other
             Ecclesiastiques
             ;
             upon
             Emperours
             ,
             Kings
             ,
             and
             Common-wealths
             ,
             with
             their
             officers
             ,
             liegemen
             and
             subjects
             :
             in
             a
             word
             ,
             upon
             all
             Christendome
             ,
             with
             all
             the
             Estates
             therein
             ,
             as
             well
             Temporall
             as
             Spirituall
             .
             To
             the
             holding
             of
             this
             Councell
             they
             were
             in
             a
             manner
             compelled
             by
             
             violence
             :
             
             for
             ,
             excepting
             honest
             Adrian
             ,
             (
             who
             went
             about
             it
             with
             an
             upright
             intention
             )
             all
             the
             rest
             would
             gladly
             have
             beene
             fairly
             quit
             of
             it
             .
             Clement
             the
             seventh
             did
             openly
             contradict
             the
             proposall
             of
             it
             ,
             which
             Charles
             the
             fifth
             at
             his
             coronation
             caused
             to
             be
             made
             by
             his
             Chancelour
             at
             Bononia
             :
             But
             the
             Emperour
             prosecuting
             his
             suit
             daily
             with
             the
             successours
             of
             Clement
             ;
             they
             were
             constrained
             to
             make
             shew
             of
             an
             inclination
             thereunto
             :
             yet
             so
             ,
             as
             they
             stood
             a
             consulting
             about
             the
             calling
             of
             it
             full
             five
             and
             twenty
             yeares
             ,
             from
             1522.
             (
             what
             time
             Adrian
             by
             his
             Legat
             at
             the
             Diet
             at
             Norimberg
             engaged
             his
             promise
             for
             it
             )
             till
             1546.
             still
             giving
             out
             faire
             pretences
             ,
             and
             studying
             for
             new
             occasions
             to
             delay
             it
             :
             posting
             it
             from
             one
             to
             another
             ,
             and
             passing
             it
             over
             as
             a
             debt
             to
             their
             successors
             .
             Yea
             and
             even
             after
             they
             had
             set
             about
             it
             ,
             they
             managed
             it
             so
             ,
             that
             they
             kept
             it
             low
             ,
             betwixt
             living
             and
             dying
             for
             eighteene
             yeeres
             ,
             taking
             their
             time
             of
             purpose
             that
             they
             might
             levell
             their
             stroke
             right
             ,
             wherein
             they
             have
             outstript
             the
             choicest
             masters
             of
             that
             art
             in
             Palestine
             ;
             they
             have
             good
             reason
             to
             understand
             this
             passage
             .
             Many
             of
             their
             predecessors
             had
             left
             their
             weapons
             there
             ;
             many
             had
             received
             blowes
             and
             mortall
             wounds
             there
             .
             Germany
             was
             fatall
             to
             them
             ,
             and
             the
             remembrance
             of
             the
             Councels
             of
             Constance
             and
             Basil
             madded
             them
             ;
             when
             they
             thought
             upon
             the
             deposall
             of
             so
             many
             Popes
             ;
             the
             discipline
             whereto
             they
             were
             made
             subject
             ;
             and
             the
             cutting
             short
             of
             their
             power
             .
             They
             had
             observed
             the
             saying
             of
             Iohn
             the
             23.
             
             a
             
               The
               place
               of
               the
               Councell
               is
               all
               in
               all
               ;
               I
               will
               not
               have
               it
               in
               a
               place
               where
               the
               Emperour
               hath
               the
               upper
               hand
               :
            
             and
             the
             despaire
             he
             conceived
             both
             of
             himselfe
             and
             his
             fortunes
             ,
             when
             he
             received
             the
             newes
             that
             his
             Legats
             had
             condescended
             to
             the
             election
             of
             the
             City
             of
             Constance
             .
             They
             perceived
             withall
             that
             all
             Germany
             banded
             with
             the
             Emperour
             to
             have
             the
             Councell
             amongst
             them
             ,
             and
             bended
             all
             their
             designes
             to
             that
             end
             :
             so
             that
             it
             necessarily
             concerned
             them
             to
             save
             themselves
             by
             flight
             ;
             to
             shuffle
             on
             the
             time
             ;
             to
             spin
             out
             delayes
             ;
             to
             pump
             for
             pretences
             ;
             and
             in
             fine
             ,
             when
             they
             could
             no
             longer
             shift
             it
             ,
             it
             was
             behooffull
             they
             should
             pitch
             upon
             some
             such
             Citie
             as
             would
             be
             sure
             unto
             them
             ,
             that
             depended
             on
             them
             ,
             and
             wherein
             they
             had
             absolute
             authoritie
             .
             Such
             ,
             in
             conclusion
             ,
             was
             Trent
             :
             yea
             and
             that
             after
             they
             had
             made
             enquiry
             about
             some
             others
             which
             (
             as
             they
             conceived
             )
             lay
             more
             convenient
             for
             them
             in
             Italy
             .
             It
             must
             be
             their
             next
             care
             to
             be
             speciall
             warie
             to
             what
             persons
             they
             yeeld
             admittance
             ;
             to
             bestow
             such
             onely
             there
             as
             were
             engaged
             ,
             that
             so
             they
             might
             make
             it
             more
             firme
             for
             them
             ;
             and
             proceed
             now
             quicke
             ,
             then
             slow
             ;
             now
             an
             amble
             ,
             anon
             a
             gallop
             ;
             holding
             that
             course
             which
             best
             fitted
             with
             the
             nature
             of
             the
             affaires
             ,
             and
             the
             disposition
             of
             the
             persons
             .
             It
             behooved
             them
             also
             now
             and
             then
             to
             breake
             off
             and
             deferre
             it
             ,
             and
             when
             their
             partie
             was
             somewhat
             ill
             at
             ease
             ,
             to
             adjourne
             it
             to
             another
             place
             ,
             as
             as
             to
             Bononia
             ,
             under
             colour
             of
             some
             sorie
             indisposition
             of
             the
             aire
             :
             Besides
             ,
             to
             move
             all
             Catholique
             Princes
             to
             an
             utter
             extirpation
             of
             the
             Protestants
             ,
             and
             such
             as
             had
             taken
             their
             long
             leave
             of
             the
             Pope
             .
             And
             if
             this
             would
             not
             serve
             the
             turne
             ,
             then
             they
             must
             scatter
             reports
             amongst
             the
             Catholiques
             themselves
             ,
             to
             set
             them
             by
             the
             eares
             together
             ,
             and
             kindle
             the
             fire
             in
             all
             quarters
             of
             Christendome
             ;
             enter
             league
             with
             the
             stronger
             partie
             ,
             to
             support
             their
             greatnesse
             ,
             and
             raise
             it
             to
             a
             higher
             pitch
             .
             They
             must
             by
             all
             meanes
             possible
             winne
             the
             Bishops
             and
             the
             rest
             that
             had
             ought
             to
             doe
             in
             the
             Councell
             ;
             feed
             them
             fat
             with
             promises
             ;
             present
             them
             with
             commodities
             ,
             make
             them
             joint
             sharers
             in
             their
             dignities
             and
             benefices
             ,
             and
             gaine
             them
             to
             their
             side
             by
             such
             like
             allurements
             .
             Then
             they
             must
             submit
             themselves
             to
             these
             conditions
             ,
             Not
             to
             determine
             any
             thing
             ,
             but
             with
             the
             good
             will
             and
             pleasure
             of
             the
             Holy
             See
             ,
             which
             ,
             when
             need
             required
             ,
             sent
             the
             Holy
             Ghost
             in
             poste
             in
             a
             cloke-bag
             ,
             making
             him
             take
             a
             good
             many
             journeyes
             :
             To
             anathematize
             all
             the
             opinions
             of
             the
             
               Lutherans
               ,
               Huguenots
            
             ,
             and
             Calvinists
             ,
             without
             exception
             ,
             how
             true
             soever
             ;
             for
             feare
             of
             giving
             them
             the
             least
             advantage
             .
             To
             make
             goodly
             decrees
             in
             appearance
             for
             the
             reformation
             of
             manners
             and
             Ecclesiasticall
             
             discipline
             ,
             about
             points
             unnecessarie
             ,
             and
             such
             as
             never
             came
             in
             question
             :
             
             and
             under
             hand
             to
             forge
             others
             to
             confirme
             the
             groundlesse
             usurpations
             of
             the
             Pope
             ,
             and
             quite
             a●ull
             all
             the
             pleas
             of
             Christian
             Princes
             ,
             to
             elude
             all
             their
             reasons
             and
             demands
             .
             On
             the
             other
             side
             ,
             to
             set
             up
             such
             as
             would
             enlarge
             that
             immense
             power
             of
             the
             Pope
             ,
             to
             make
             it
             truly
             Monarchicall
             ;
             such
             as
             would
             make
             all
             the
             Kings
             and
             Princes
             of
             the
             earth
             to
             tremble
             at
             their
             voice
             ;
             such
             as
             would
             put
             a
             rod
             into
             his
             hand
             ,
             wherewith
             he
             might
             whip
             them
             at
             his
             pleasure
             ,
             upon
             any
             conceived
             grudge
             ;
             or
             rather
             a
             materiall
             sword
             ,
             or
             some
             such
             like
             offensive
             weapon
             ,
             wherewith
             he
             might
             assassinate
             them
             ,
             when
             they
             should
             wax
             either
             cold
             or
             luke-warme
             towards
             his
             imperiall
             Edicts
             .
             It
             behooved
             them
             also
             to
             disannull
             all
             the
             Decrees
             of
             the
             Councels
             of
             Constance
             and
             Basil
             which
             were
             any
             way
             prejudiciall
             unto
             them
             ;
             either
             covertly
             repealing
             them
             ,
             or
             by
             some
             oblique
             meanes
             voiding
             the
             force
             of
             them
             ;
             and
             so
             to
             deale
             with
             the
             rights
             and
             liberties
             of
             some
             such
             Realmes
             and
             Provinces
             as
             durst
             stand
             upon
             their
             prescriptions
             ,
             priviledges
             ,
             lawes
             and
             statutes
             ,
             whereby
             they
             pleaded
             exemption
             from
             their
             upstart
             Decretalls
             .
             Lastly
             ,
             it
             concerned
             them
             to
             take
             speciall
             care
             how
             they
             medled
             with
             the
             reformation
             of
             the
             Pope
             ;
             how
             they
             spoke
             of
             his
             excessive
             power
             ;
             of
             the
             abuses
             and
             misdemeanors
             of
             his
             Court
             ;
             of
             his
             injust
             attempts
             ,
             and
             the
             little
             care
             which
             he
             hath
             of
             his
             spirituall
             charge
             ,
             and
             the
             good
             of
             soules
             .
             This
             was
             a
             rocke
             they
             must
             not
             touch
             upon
             in
             any
             case
             .
             And
             so
             well
             they
             knew
             how
             to
             steere
             for
             their
             best
             advantage
             ,
             that
             whosoever
             reads
             their
             Decrees
             ,
             cannot
             choose
             but
             forthwith
             confesse
             that
             it
             is
             a
             worke
             meerly
             Papall
             ,
             and
             such
             as
             none
             else
             could
             have
             a
             hand
             in
             ;
             and
             will
             ever
             remaine
             of
             this
             opinion
             ,
             that
             this
             last
             Councell
             is
             nothing
             behinde
             with
             those
             of
             Florence
             ,
             and
             that
             of
             Lateran
             ,
             which
             were
             called
             of
             purpose
             to
             disannull
             that
             of
             Basill
             ,
             and
             the
             second
             of
             Pisa
             :
             just
             as
             this
             of
             ours
             was
             to
             stop
             the
             clamours
             of
             the
             Christian
             Princes
             and
             people
             ,
             lest
             they
             should
             have
             put
             up
             one
             or
             other
             in
             Germany
             ,
             like
             to
             the
             first
             of
             Pisa
             ,
             or
             some
             others
             held
             in
             after
             ages
             .
             For
             you
             shall
             never
             reade
             of
             any
             Councell
             that
             was
             so
             much
             to
             the
             Popes
             honour
             and
             good
             liking
             ,
             as
             this
             .
             Amongst
             so
             many
             Buls
             and
             Constitutions
             which
             have
             come
             forth
             since
             ,
             you
             shall
             scarce
             finde
             any
             which
             doth
             not
             make
             mention
             of
             this
             Councell
             ;
             which
             doth
             not
             name
             it
             with
             honour
             ;
             which
             doth
             not
             expresse
             an
             earnest
             de●ire
             of
             the
             observation
             of
             it
             ,
             and
             which
             doth
             not
             in
             some
             sort
             confirme
             it
             .
             Let
             a
             man
             but
             reade
             the
             Commissions
             of
             the
             Nuncio's
             ,
             which
             since
             that
             have
             come
             into
             France
             and
             other
             Countries
             ;
             so
             many
             articles
             in
             them
             ,
             so
             many
             rehearsals
             or
             reinforcements
             of
             this
             Councell
             .
             To
             say
             nothing
             of
             the
             great
             paines
             they
             have
             ,
             and
             doe
             daily
             take
             ,
             to
             have
             it
             generally
             received
             and
             kept
             :
             Among
             all
             the
             Councels
             that
             ever
             were
             ,
             no
             compare
             with
             this
             for
             reverence
             and
             respect
             .
             It
             hath
             quite
             defaced
             and
             extinguished
             the
             memorie
             of
             all
             the
             rest
             .
             T
             is
             their
             minion
             ,
             their
             favourite
             ,
             their
             champion
             ,
             their
             arcenall
             ,
             their
             bulwarke
             ,
             their
             protector
             ,
             their
             issue
             ,
             and
             their
             creature
             :
             and
             good
             reason
             why
             they
             should
             make
             so
             much
             of
             it
             .
             Now
             the
             more
             highly
             they
             prize
             it
             ,
             the
             more
             should
             we
             suspect
             it
             ;
             the
             more
             should
             we
             straine
             our
             veines
             ,
             and
             bend
             our
             nerves
             ,
             our
             force
             and
             vigour
             ,
             to
             repell
             and
             stifle
             it
             as
             a
             venemous
             serpent
             :
             what
             we
             doe
             in
             this
             kinde
             will
             not
             want
             a
             president
             .
             When
             Popes
             and
             Councels
             have
             straggled
             out
             of
             the
             right
             way
             ,
             when
             they
             attempted
             more
             than
             of
             right
             they
             ought
             ,
             when
             they
             tooke
             their
             passion
             for
             their
             guide
             ,
             they
             have
             ever
             encountered
             with
             just
             disobediences
             ,
             and
             lawfull
             resistance
             ;
             with
             strong
             mounds
             and
             fences
             ,
             which
             have
             stopt
             the
             current
             of
             their
             out-breakings
             and
             injust
             enterprises
             .
          
           
             2
             The
             Emperours
             of
             Germany
             are
             all
             full
             of
             wounds
             and
             scarres
             ,
             which
             they
             received
             in
             such
             like
             scuffles
             .
             I
             may
             well
             say
             received
             ,
             not
             onely
             in
             the
             authoritie
             they
             have
             or
             should
             have
             in
             the
             Church
             ,
             in
             the
             rights
             of
             their
             Empire
             ;
             but
             even
             in
             their
             persons
             :
             I
             may
             well
             say
             scuffles
             and
             combats
             ,
             they
             being
             oft-times
             constrained
             to
             buckle
             on
             their
             harnesse
             ,
             and
             take
             up
             their
             swords
             in
             their
             owne
             just
             defence
             ,
             to
             repell
             the
             offensive
             armes
             of
             him
             who
             under
             pretence
             
             of
             the
             Spirituall
             ,
             usurped
             upon
             the
             Temporall
             ;
             stirred
             up
             against
             them
             their
             vass●ls
             and
             subjects
             ;
             tooke
             the
             Crowne
             from
             them
             ,
             and
             elected
             others
             in
             their
             place●
             pretending
             himselfe
             to
             be
             Emperour
             and
             Lord
             paramont
             of
             the
             Empire
             ,
             and
             all
             the
             Kingdomes
             of
             the
             world
             :
             who
             made
             as
             much
             use
             of
             Pauls
             sword
             as
             Peters
             keyes
             ,
             to
             atchieve
             his
             conquests
             ,
             to
             wreake
             his
             vengeance
             ,
             to
             ingrosse
             all
             authority
             unto
             himselfe
             ,
             and
             like
             the
             old
             Romanes
             ,
             to
             make
             himselfe
             Monarch
             ,
             Commander
             ,
             and
             Lord
             of
             the
             Universe
             .
             The
             examples
             of
             the
             
               Henries
               ,
               Frederickes
               ,
               Ludovicus
               Bavarus
               ,
            
             and
             many
             other
             Emperours
             ,
             are
             sufficient
             proofes
             of
             what
             we
             here
             speake
             .
             England
             hath
             had
             such
             sufficient
             experience
             of
             the
             eff●cts
             of
             that
             tyrannicall
             government
             ,
             that
             after
             she
             had
             lost
             all
             her
             liberties
             both
             Ecclesiasticall
             and
             Civill
             ,
             (
             which
             were
             not
             inferiour
             to
             those
             of
             France
             )
             after
             she
             had
             beene
             ransacked
             and
             ravazed
             in
             a
             Scythian
             and
             Tartarian
             manner
             ,
             she
             was
             miserably
             enslaved
             and
             made
             tributary
             to
             Rome
             ;
             and
             her
             Kings
             ,
             for
             all
             their
             honour
             ,
             declared
             feudataries
             to
             the
             Pope
             ;
             stooping
             under
             that
             base
             servitude
             till
             Henry
             the
             eight
             ;
             who
             ,
             to
             be
             revenged
             of
             an
             injury
             received
             touching
             his
             marriage
             ,
             withdrew
             himselfe
             and
             all
             his
             Kingdome
             from
             his
             obedience
             to
             the
             Pope
             ,
             and
             that
             while
             he
             was
             yet
             a
             Catholique
             .
          
           
             As
             for
             our
             b
             France
             ,
             it
             is
             a
             long
             time
             since
             the
             French
             Church
             hath
             beene
             at
             daggers-drawing
             with
             the
             Pope
             and
             Court
             of
             Rome
             ,
             for
             the
             preservation
             of
             their
             rights
             and
             liberties
             ;
             which
             consist
             mainly
             in
             the
             not
             acknowledging
             of
             the
             Popes
             power
             any
             way
             in
             temporals
             ,
             nor
             in
             spirituals
             ,
             but
             so
             farre
             as
             is
             conformable
             to
             the
             ancient
             Canons
             and
             Decrees
             .
             Sometimes
             they
             went
             so
             farre
             in
             the
             controversie
             ,
             that
             he
             ,
             that
             shall
             reade
             the
             histories
             of
             it
             ,
             will
             never
             marvaile
             at
             those
             writings
             which
             have
             beene
             set
             forth
             against
             the
             Pope
             in
             these
             latter
             dayes
             .
             The
             commendation
             of
             preserving
             these
             liberties
             belongs
             principally
             to
             our
             Kings
             ,
             who
             have
             ever
             opposed
             themselves
             against
             the
             avarice
             and
             ambition
             of
             the
             Court
             of
             Rome
             ,
             as
             Guardians
             ,
             Protectors
             and
             preservers
             of
             these
             liberties
             ;
             and
             have
             stopt
             the
             course
             of
             that
             ,
             not
             without
             a
             great
             deale
             of
             trouble
             and
             turmoile
             ,
             by
             the
             good
             advice
             and
             counsell
             of
             the
             States
             of
             the
             Land
             ,
             and
             chiefly
             of
             the
             Parliament
             and
             University
             of
             Paris
             ,
             who
             have
             ever
             beene
             the
             for●●esses
             of
             France
             .
             King
             
               Philip
               Augustus
            
             ,
             Saint
             
               Lewes
               ,
               Philip
            
             the
             
               Faire
               ,
               Charles
            
             the
             sixth
             and
             seventh
             ,
             c
             Lewes
             the
             eleventh
             and
             twelfth
             ,
             did
             strongly
             withstand
             the
             transportation
             of
             gold
             and
             silver
             ,
             the
             collation
             of
             Benefices
             and
             Bishoprickes
             by
             the
             Popes
             their
             usurping
             of
             jurisdiction
             ,
             first-fruits
             ,
             graces
             in
             reversion
             ,
             reservations
             ,
             and
             such
             like
             trumperies
             of
             the
             Court
             of
             Rome
             .
          
           
             Philip
             the
             Faire
             rejected
             the
             Bull
             of
             Clement
             the
             fifth
             ,
             concerning
             the
             confiscation
             of
             the
             goods
             of
             the
             Templars
             ,
             (
             although
             it
             was
             confirmed
             by
             the
             Councell
             of
             Vienna●
             )
             as
             entrenching
             upon
             jurisdiction
             within
             his
             Realm
             ;
             it
             is
             a
             wonder
             to
             thinke
             how
             farre
             they
             went
             in
             some
             particulars
             .
          
           
             *
             This
             same
             King
             was
             the
             first
             that
             felt
             the
             effects
             of
             their
             indignation
             upon
             that
             occasion
             ,
             by
             the
             saucinesse
             of
             Boniface
             the
             eighth
             ;
             who
             being
             incensed
             by
             the
             resistance
             of
             that
             Prince
             ,
             thundered
             so
             thicke
             upon
             him
             ,
             that
             after
             he
             had
             pronounced
             him
             his
             vassall
             and
             subject
             as
             touching
             his
             temporals
             ,
             he
             denounced
             an
             anathema
             against
             him
             in
             reference
             to
             his
             spirituals
             .
             The
             King
             being
             justly
             provoked
             herewith
             ,
             assisted
             by
             the
             Lords
             Temporall
             and
             Spirituall
             of
             his
             Realme
             assembled
             in
             Parliament
             ,
             by
             their
             counsell
             and
             advice
             ,
             repelled
             that
             injury
             :
             and
             paying
             him
             in
             his
             owne
             coine
             ,
             caused
             his
             injurious
             and
             proud
             letters
             to
             be
             burnt
             ;
             sent
             his
             Nuncio's
             home
             againe
             with
             shame
             enough
             ;
             accused
             him
             of
             heresie
             and
             symony
             ;
             yea
             and
             put
             him
             in
             such
             a
             fright
             by
             that
             brave
             spirit
             Nogaret
             of
             St.
             Felix
             ,
             that
             he
             died
             upon
             it
             .
          
           
             Charles
             the
             sixt
             being
             excommunicated
             by
             Benedict
             the
             thirteenth
             ,
             put
             the
             bearers
             of
             his
             Bulls
             to
             the
             d
             
               honourable
               Amends
            
             ,
             making
             them
             to
             bee
             carried
             in
             tumbrels
             ,
             apparelled
             in
             painted
             coats
             ,
             with
             paper
             Miters
             upon
             their
             heads
             ,
             and
             the
             Popes
             Bull
             represented
             in
             their
             hands
             ,
             and
             his
             armes
             reversed
             .
             All
             which
             was
             done
             by
             the
             advice
             of
             the
             Princes
             ,
             Lords
             ,
             Prelates
             ,
             and
             other
             Ecclesiastiques
             
             of
             his
             Kingdome
             ,
             together
             with
             the
             Parliament
             and
             University
             of
             Paris
             ;
             as
             appeareth
             by
             the
             Acts
             published
             concerning
             this
             particular
             .
          
           
             Lewes
             the
             eleventh
             ,
             to
             wave
             the
             censures
             of
             Pius
             the
             second
             ,
             made
             his
             Atturney
             generall
             put
             in
             an
             appeale
             from
             that
             Pope
             to
             the
             next
             Councell
             .
             Lewes
             the
             twelfth
             had
             a
             defensive
             warre
             against
             Iulius
             the
             second
             ,
             upon
             this
             occasion
             .
             He
             had
             suspended
             him
             by
             the
             Councell
             of
             Pisa
             ,
             whereupon
             hee
             procured
             a
             Synod
             of
             the
             Gallicane
             Church
             held
             at
             Tours
             in
             September
             1510.
             to
             determine
             against
             him
             ,
             
               That
               it
               is
               lawfull
               for
               Christian
               Princes
               to
               defend
               themselves
               against
               such
               Popes
               as
               stirre
               up
               unjust
               warres
               against
               them
               ,
               and
               to
               substract
               their
               obedience
               from
               them
               .
            
          
           
             The
             Parliaments
             of
             this
             Kingdome
             ,
             and
             namely
             that
             of
             Paris
             ,
             
             have
             alwaies
             engaged
             their
             authority
             for
             the
             justice
             of
             such
             defence
             ;
             either
             by
             way
             of
             humble
             remonstrance
             made
             to
             our
             Kings
             ,
             (
             who
             ,
             upon
             the
             perswasion
             of
             some
             bad
             Councellors
             ,
             sometimes
             yeelded
             too
             much
             to
             the
             Popes
             impositions
             ;
             or
             else
             by
             reason
             of
             the
             exigency
             of
             their
             affaires
             ,
             which
             those
             cunning
             fowlers
             were
             ever
             ready
             to
             spy
             out
             ,
             soothed
             them
             up
             in
             their
             humour
             too
             much
             )
             or
             else
             by
             cancelling
             the
             Popes
             Bulls
             in
             cases
             of
             appeales
             as
             of
             abuse
             ,
             or
             some
             other
             way
             :
             where
             the
             Advocates
             and
             Atturneyes
             generall
             have
             euer
             had
             a
             faire
             occasion
             to
             shew
             their
             strength
             and
             abilities
             in
             ,
             and
             whence
             many
             of
             them
             have
             purchased
             eternall
             commendations
             .
             The
             famous
             University
             of
             Paris
             ,
             and
             more
             especially
             the
             learned
             Sorbon
             ,
             have
             as
             it
             were
             set
             bounds
             and
             limits
             to
             the
             power
             of
             the
             Popes
             ,
             and
             made
             them
             know
             their
             duty
             ;
             they
             have
             sleighted
             their
             injust
             Buls
             ;
             and
             ,
             what
             by
             their
             consultations
             ,
             what
             by
             their
             appeales
             to
             future
             Councels
             ,
             they
             have
             preserved
             our
             liberties
             and
             priviledges
             entire
             even
             untill
             this
             instant
             .
             I
             will
             not
             robbe
             the
             Clergy
             of
             France
             of
             the
             honour
             they
             have
             atchieved
             ,
             nor
             of
             the
             share
             which
             is
             due
             unto
             them
             in
             all
             these
             trop●ees
             .
             What
             though
             there
             were
             some
             of
             that
             ranke
             defective
             in
             their
             duty
             to
             their
             Prince
             ,
             out
             of
             a
             timorousnesse
             which
             they
             might
             have
             of
             being
             disobedient
             to
             him
             whom
             they
             accounted
             their
             spirituall
             Head
             ?
             yet
             there
             wanted
             not
             some
             of
             them
             who
             stood
             in
             little
             awe
             of
             his
             chafings
             and
             thundering
             .
          
           
             The
             Prelates
             of
             France
             ,
             in
             the
             Synod
             of
             Rhemes
             held
             under
             
               Hugh
               Capet
            
             ,
             
             made
             a
             declaration
             :
             that
             the
             Popes
             have
             nothing
             to
             doe
             to
             usurpe
             the
             power
             and
             authority
             of
             Kings
             .
             Arnalt
             Bishop
             of
             Orleans
             maintained
             in
             that
             Synod
             ,
             that
             the
             Popes
             have
             no
             power
             at
             all
             over
             the
             Bishops
             of
             France
             ,
             so
             as
             to
             have
             any
             cognizance
             of
             cases
             belonging
             to
             them
             ;
             and
             hee
             declamed
             most
             stoutly
             against
             the
             avarice
             and
             corruption
             of
             the
             Court
             of
             
               Rome
               .
               Gerbert
            
             Archbishop
             of
             Rhemes
             ,
             and
             afterwards
             Pope
             of
             Rome
             ,
             in
             an
             Epistle
             of
             his
             writ
             to
             Seguin
             Archbishop
             of
             Sens
             ,
             saith
             ,
             that
             Rome
             approveth
             such
             things
             as
             are
             condemned
             ,
             and
             condemneth
             such
             as
             are
             approved
             ,
             
             That
             (
             saith
             he
             )
             
               which
               wee
               say
               belongs
               onely
               to
               God
               ;
               the
               Apostle
               tells
               us
               .
               If
               any
               preach
               unto
               you
               any
               other
               things
               than
               those
               ye
               have
               received
               ,
               though
               it
               be
               an
               Angell
               from
               heaven
               ,
               let
               him
               be
               accursed
               .
               Must
               all
               Bishops
               burne
               incense
               to
            
             Iupiter
             ,
             
               because
               Pope
            
             Marcelline
             
               did
               so
               ?
               I
               dare
               boldly
               say
               ,
               if
               the
               Bishop
               of
            
             Rome
             
               have
               offended
               one
               of
               his
               brethren●
               and
               will
               not
               heare
               the
               admonitions
               of
               the
               Church
               ,
               he
               ought
               to
               be
               accounted
               as
               a
               Heathen
               and
               a
               Publican
               .
            
          
           
             The
             Bishops
             of
             the
             Councell
             of
             Ments
             writ
             yet
             a
             little
             more
             tartly
             to
             Nicholas
             the
             first
             ,
             
             calling
             his
             fury
             tyrannicall
             ;
             his
             decree
             injust
             ,
             unreasonable
             ,
             and
             against
             the
             Canon
             lawes
             ;
             accusing
             him
             of
             rashnesse
             ,
             pride
             ,
             and
             cousenage
             ;
             and
             so
             giving
             him
             to
             know
             that
             he
             had
             no
             power
             over
             them
             ,
             and
             that
             he
             ought
             to
             acknowledge
             them
             for
             his
             brethren
             and
             fellow-Bishops
             .
          
           
             Vrban
             the
             second
             forbade
             the
             Bishops
             of
             France
             to
             crowne
             Philip
             whom
             he
             had
             excommunicated
             ;
             
             but
             they
             were
             readier
             to
             obey
             their
             Kings
             commands
             ,
             than
             his
             prohibitions
             ,
             as
             we
             shall
             tell
             you
             anon
             .
             The
             most
             of
             those
             oppositions
             made
             by
             our
             Kings
             ,
             whereof
             wee
             have
             spoken
             ,
             were
             abetted
             by
             the
             Prelates
             ,
             and
             other
             Ecclesiastiques
             .
             These
             latter
             times
             afford
             us
             as
             pregnant
             examples
             
             as
             any
             of
             the
             precedent
             ;
             
             wherein
             we
             have
             seene
             the
             most
             learned
             and
             honourable
             Prelates
             of
             France
             banded
             together
             for
             the
             maintenance
             and
             defence
             of
             their
             King
             ,
             their
             rights
             and
             liberties
             of
             their
             Countrey
             and
             Church
             of
             France
             ,
             against
             a
             Gregory
             the
             fourteenth
             ,
             a
             Sixtus
             the
             fifth
             ,
             and
             such
             others
             as
             projected
             the
             demolition
             and
             utter
             ruine
             of
             this
             State.
             It
             were
             too
             hard
             a
             taske
             to
             goe
             about
             to
             reckon
             up
             the
             words
             ,
             deeds
             ,
             and
             writings
             of
             the
             many
             Prelates
             and
             Churchmen
             of
             this
             Kingdome
             ,
             whereby
             they
             have
             many
             times
             repulsed
             the
             invasions
             of
             Rome
             .
          
           
             12
             Suffice
             it
             us
             to
             say
             ,
             that
             in
             the
             greatest
             stormes
             God
             hath
             ever
             raised
             up
             men
             of
             courage
             and
             discretion
             ,
             as
             many
             ,
             yea
             more
             of
             that
             order
             than
             any
             other
             ,
             who
             have
             rung
             the
             alarum
             ,
             sounded
             the
             trumpet
             ,
             taken
             up
             armes
             ,
             and
             given
             our
             Kings
             to
             understand
             how
             farre
             they
             might
             exercise
             their
             power
             in
             spiritualls
             ,
             for
             the
             preservation
             of
             their
             rights
             and
             liberties
             .
          
           
             
             13
             Nicholas
             the
             first
             in
             a
             Synod
             of
             his
             holden
             at
             Rome
             in
             the
             yeer
             865.
             revoked
             the
             Decrees
             of
             the
             Councell
             of
             Ments
             ,
             pretending
             that
             it
             had
             attempted
             to
             make
             a
             divorce
             betwixt
             King
             Lotharius
             and
             Thiberg
             his
             wife
             ,
             promising
             withall
             that
             he
             should
             afterwards
             marry
             with
             Waldrada
             ,
             and
             this
             without
             the
             authority
             of
             the
             See
             Apostolique
             :
             he
             also
             deprived
             of
             their
             dignities
             ,
             and
             excommunicated
             Theugot
             Archbishop
             of
             Triers
             ,
             and
             Gunther
             Archbishop
             of
             Cu●●en
             ,
             and
             passed
             the
             same
             sentence
             of
             condemnation
             upon
             the
             rest
             of
             the
             Bishops
             of
             that
             Councell
             ,
             in
             case
             they
             did
             imitate
             and
             uphold
             the
             former
             .
             Please
             you
             heare
             his
             owne
             words
             .
             
               The
               sentence
               of
               deposition
               ,
               which
               we
               have
               denounced
               against
               the
               foresaid
            
             Theugot
             and
             Gunther
             ,
             
               and
               the
               other
               chapters
               made
               by
               us
               and
               the
               holy
               Councell
               ,
               shall
               be
               here
               inserted
               .
            
             Yet
             for
             all
             these
             menaces
             ,
             they
             caused
             pretty
             stout
             letters
             to
             be
             writ
             to
             the
             Pope
             in
             the
             name
             of
             Theugot
             and
             Gunther
             ,
             whereby
             they
             shewed
             that
             they
             made
             no
             great
             reckoning
             of
             his
             thundering
             and
             condemnations
             ,
             though
             hee
             had
             given
             them
             a
             taste
             of
             a
             Councell
             .
             
               We
               doe
               not
               receive
            
             (
             said
             they
             )
             
               that
               corrupt
               sentence
               ,
               which
               is
               far
               from
               any
               zeale
               of
               equitie
               ,
               injust
               ,
               unreasonable
               ,
               and
               against
               the
               Canon
               law
               .
               But
               ,
               together
               with
               the
               whole
               assembly
               of
               our
               brethren
               ,
               we
               disregard
               and
               reject
               it
               ,
               as
               a
               matter
               unconscionable
               and
               full
               of
               wickednesse
               ,
               pronounced
               in
               vaine
               .
               Nor
               will
               we
               communicate
               with
               thee
               ,
               who
               art
               a
               favourer
               of
               such
               as
               are
               anathematized
               and
               cast
               out
               ,
               despisers
               of
               holy
               Church
               ,
               and
               dost
               indeed
               hold
               communion
               with
               them
               .
               But
               we
               content
               our selves
               with
               communion
               with
               the
               whole
               Church
               ,
               and
               that
               fraternall
               society
               which
               thou
               proudly
               misprizest
               ,
               in
               exalting
               thy selfe
               above
               it
               ,
               and
               excludest
               thy selfe
               from
               it
               ,
               making
               thy selfe
               unworthy
               of
               it
               by
               an
               over-haughty
               advancing
               thy selfe
               :
               So
               that
               out
               of
               an
               inconsiderate
               lightnesse
               thou
               art
               strucke
               with
               an
               anathema
               by
               thine
               owne
               sentence
               ;
               in
               as
               much
               as
               thou
               writest
               ,
               Cursed
               be
               he
               that
               doth
               not
               keep●
               the
               Apostolicall
               commandments
               ;
               which
               ,
               it
               is
               well
               knowne
               ,
               thou
               both
               heretofore
               many
               wayes
               hast
               ,
               and
               at
               this
               present
               doest
               violate
               ,
               trampling
               under
               foot
               both
               the
               lawes
               of
               God
               and
               the
               holy
               Canons
               of
               the
               Church
               at
               once
               ,
               making
               them
               of
               no
               effect
               nor
               use
               in
               as
               much
               as
               thou
               canst
               ;
               never
               treading
               neere
               the
               footsteps
               of
               thy
               predecessors
               the
               Bishops
               of
            
             Rome
             .
             
               We
               therefore
               having
               experience
               of
               thy
               craft
               and
               subtilty
               ,
               observe
               withall
               thy
               indignation
               and
               high
               swolne
               ambition
               ,
               and
               wee
               doe
               not
               yeeld
               an
               inch
               to
               thee
               nor
               to
               thy
               pride
               ,
               whereby
               thou
               hastenest
               to
               bring
               us
               under
               hatches
               ,
               prosecuting
               herein
               the
               desires
               of
               our
               enemies
               ,
               but
               thy
               favourites
               .
               Nay
               thou
               shalt
               know
               ,
               we
               are
               none
               of
               thy
               Clerkes
               ,
               (
               as
               thou
               doest
               boast
               and
               bragge
               )
               but
               that
               thou
               shouldest
               acknowledge
               us
               for
               thy
               brethren
               and
               fellow-bishops
               ,
               if
               thy
               arrogancy
               would
               permit
               thee
               so
               to
               doe
               .
            
          
           
             14
             When
             the
             Popes
             had
             not
             power
             enough
             of
             themselves
             to
             compasse
             their
             ends
             ,
             to
             tame
             Princes
             ,
             to
             trouble
             and
             enthrall
             Christendome
             ,
             or
             haply
             when
             they
             would
             set
             a
             fairer
             glosse
             of
             justice
             upon
             their
             actions
             ,
             and
             cut
             off
             all
             means
             of
             gainsaying
             ,
             then
             they
             releeved
             themselves
             by
             the
             authority
             of
             some
             Councell
             or
             other
             called
             together
             by
             their
             cunning
             ,
             and
             packed
             up
             according
             to
             their
             humour
             ;
             whereunto
             all
             men
             ,
             in
             honour
             and
             reverence
             to
             the
             Church
             ,
             
             readily
             submitted
             themselves
             as
             unto
             some
             divine
             Oracles
             .
             
             Till
             at
             last
             they
             begunne
             to
             finde
             out
             the
             mystery
             ,
             and
             perceive
             plainly
             that
             those
             assemblies
             ,
             under
             colour
             of
             piety
             and
             religion
             ,
             served
             but
             for
             instruments
             to
             the
             Popes
             humours
             ,
             to
             wreake
             their
             humane
             malice
             ;
             stucke
             close
             unto
             their
             tyranny●
             and
             gave
             authority
             to
             their
             injust
             usurpations
             .
             This
             was
             it
             which
             oft
             times
             gave
             occasion
             to
             reject
             those
             Councels
             as
             spurious
             and
             adulterate
             ,
             as
             the
             Synagogues
             of
             Satan
             ;
             yet
             alwayes
             conserving
             a
             due
             reverence
             to
             those
             true
             ,
             holy
             ,
             lawfull
             ,
             and
             Oecumenicall
             assemblies
             assembled
             in
             the
             name
             of
             the
             Holy
             Ghost
             ,
             wher●of
             we
             shall
             give
             you
             an
             instance
             or
             two
             .
          
           
             15
             Gregory
             the
             seventh
             excommunicated
             the
             Emperour
             Henry
             the
             fourth
             ,
             by
             vertue
             of
             a
             famous
             Councell
             holden
             at
             Rome
             ,
             
             in
             the
             yeere
             1074.
             
             
               The
               Pope
            
             (
             say
             the
             German
             Chronicles
             )
             
               called
               a
               famous
               Synod
               of
               Bishops
               ,
               and
               other
               Ecclesiasticall
               Prelates
               at
            
             Rome
             ,
             
               in
               which
               Councell
               divers
               things
               to
               bee
               observed
               by
               all
               Christians
               ,
               concerning
               the
               Popes
               authority
               ,
               were
               enacted
               and
               ordained
               .
               There
               also
               was
            
             Henry
             
               afterwards
               excommunicated
               as
               an
               enemy
               and
               persecuter
               of
               the
               Church
               .
               Platina
            
             hath
             set
             down
             the
             forme
             of
             that
             excommunication
             .
             
             An
             English
             Monke
             doth
             ascribe
             it
             to
             the
             Councell
             of
             Cleremont
             ;
             but
             he
             doth
             but
             equivocate
             in
             that
             ,
             unlesse
             hee
             meane
             that
             it
             was
             repeated
             there
             .
             Yet
             for
             all
             this
             the
             Bishops
             of
             Germany
             did
             set
             so
             light
             by
             it
             ,
             that
             the
             next
             yeere
             after
             being
             Synodically
             assemb●ed
             at
             Brixin
             in
             Austria
             ,
             they
             deposed
             Pope
             Gregory
             ,
             and
             chose
             Gerbert
             Archbishop
             of
             Ravenna
             in
             his
             stead
             ,
             calling
             him
             Clement
             .
             
             Henry
             
               desiring
               to
               secure
               the
               fluctuating
               and
               troubled
               estate
               of
               the
               Church
            
             (
             they
             are
             the
             words
             of
             the
             same
             Chronicle
             )
             
               called
               a
               Councell
               at
            
             Brixin
             
               a
               City
               in
            
             Austria
             ;
             
               where
               he
               assembled
               all
               the
               Bishops
               and
               Abbats
               which
               were
               of
               his
               opinion
               ,
               against
               Pope
            
             Gregory
             :
             
               In
               which
               Counce●●
               they
               by
               their
               decrees
               deposed
               Pope
            
             Gregory
             ,
             
               in
               his
               absence
               ,
               from
               the
               See
               apostolique
               ,
               as
               a
               perturber
               of
               the
               Church
               ,
               and
               a
               wilde
               headed
               Monke
               (
               for
               he
               was
               a
               Monke
               before
               he
               was
               Pope
               )
               and
               chose
               in
               his
               place
            
             Gerbert
             
               Archbishop
               of
            
             Ravenna
             .
             Afterwards
             he
             sets
             downe
             the
             very
             words
             of
             the
             Decree
             .
             Platina
             ,
             though
             an
             officer
             of
             the
             Popes
             ,
             affirmes
             as
             much
             .
             
             Then
             (
             saith
             he
             )
             Henry
             
               being
               rather
               incensed
               than
               admonished
               by
               these
               censures
               ,
               having
               assembled
               a
               company
               of
               Bishops
               ill
               affected
               like
               himselfe
               ,
               he
               created
            
             Gerbert
             ,
             
               late
               Archbishop
               o●
            
             Ravenna
             ,
             
               Pope
               ,
               and
               called
               him
            
             Clement
             .
             The
             Councell
             of
             Cleremont
             holden
             under
             Vrban
             the
             second
             ,
             and
             where
             hee
             was
             personally
             present
             ,
             in
             the
             yeere
             1094.
             or
             (
             as
             others
             are
             of
             opinion
             )
             95.
             made
             the
             like
             attempt
             to
             excommunicate
             King
             Philip
             in
             his
             owne
             kingdome
             ,
             by
             reason
             of
             his
             marriage
             ;
             and
             againe
             in
             a
             Councel
             holden
             at
             Poictiers
             not
             long
             after
             by
             the
             Popes
             Legates
             .
             
               In
               this
               Councell
            
             (
             saith
             
               Matthew
               Paris
            
             ,
             
             speaking
             of
             that
             of
             Cleremont
             )
             Pope
             Urban
             excommunicated
             Philip
             
               King
               of
            
             France
             .
             And
             another
             English
             Author
             ;
             
               In
               this
               Councell
               the
               Pope
               excommunicated
               King
            
             Philip
             of
             France
             ,
             
               and
               all
               such
               as
               should
               call
               him
               their
               King
               or
               their
               Lord
               ,
               and
               which
               should
               obey
               him
               ,
               or
               speake
               unto
               him
               .
            
             In
             like
             manner
             Ivo
             Bishop
             of
             Chartres
             speakes
             of
             them
             both
             .
             
               By
               reason
               of
               this
               accusation
               King
            
             Philip
             
               was
               excommunicated
               by
               Pope
            
             Urban
             
               at
               the
               Councell
               of
            
             Cleremont
             ;
             
               and
               having
               resumed
               the
               same
               wife
               after
               he
               was
               divorced
               from
               her
               ,
               he
               was
               afterwards
               excommunicated
               at
               the
               Councell
               of
            
             Poictiers
             
               by
               the
               two
               Cardinals
            
             Iohn
             and
             Bennet
             .
             Notwithstanding
             which
             excommunication
             he
             was
             crowned
             by
             the
             Archbishop
             of
             Tours
             ,
             in
             a
             full
             assembly
             of
             other
             Bishops
             .
             
               Know
               you
               therefore
            
             (
             saith
             the
             same
             Bishop
             of
             Chartres
             in
             a
             letter
             of
             his
             to
             Pope
             Vrban
             ,
             
             whose
             partisan
             he
             was
             )
             
               that
               ,
               contrary
               to
               the
               prohibition
               of
               your
               Legat
               ,
               the
               Archbishop
               of
            
             Tours
             
               hath
               set
               crowne
               upon
               the
               head
               of
               the
               King.
            
             He
             speakes
             afterwards
             of
             the
             election
             of
             a
             Bishop
             ,
             made
             at
             the
             same
             time
             by
             those
             who
             were
             assembled
             with
             the
             said
             Archbishop
             .
             And
             in
             another
             epistle
             of
             his
             to
             one
             of
             the
             Legats
             of
             Pope
             Paschal
             the
             second
             ,
             
             
               Certaine
               Bishops
            
             (
             saith
             he
             )
             
               of
               the
               Province
               of
            
             Belgia
             ,
             
               crowned
               the
               King
               upon
               Whitsunday
               ,
               ●ontrary
               to
               the
               Edict
               of
               Pope
            
             Vrban
             
               of
               happy
               memory
            
             .
             In
             another
             Epistle
             former●y
             writ
             to
             the
             same
             Vrban
             ,
             he
             gives
             him
             to
             wit
             how
             Philip
             had
             sent
             Ambassadours
             
             unto
             him
             with
             prayers
             in
             one
             hand
             ,
             
             and
             threats
             in
             the
             other
             ,
             such
             as
             these
             ;
             
               That
               the
               King
               and
               Kingdome
               would
               relinquish
               their
               obedienec
               to
               him
               ,
               unlesse
               he
               did
               restore
               the
               King
               unto
               his
               crowne
               ,
               and
               absolve
               him
               from
               the
               sentence
               of
               excommunication
               .
            
             
             And
             afterwards
             he
             advertiseth
             him
             ,
             how
             
               the
               Arch-Bishops
               of
            
             Rhemes
             ,
             Sans
             ,
             and
             Tours
             
               had
               ,
               by
               injunction
               from
               the
               King
               ,
               appointed
               their
               suffragan
               Bishops
               to
               meet
               at
            
             Troyes
             ,
             
               the
               first
               Sunday
               after
               All-Saints
               day
               ,
               after
               he
               should
               have
               returned
               his
               answer
               .
            
             Whence
             we
             collect
             two
             things
             ;
             first
             ,
             that
             the
             Bishops
             of
             France
             did
             not
             cease
             to
             acknowledge
             their
             King
             ,
             nor
             to
             obey
             him
             and
             communicate
             with
             him
             ,
             notwithstanding
             the
             prohibition
             from
             the
             Councell
             of
             Cleremont
             :
             next
             ,
             that
             they
             were
             very
             ready
             to
             put
             in
             execution
             those
             threats
             which
             the
             Ambassadours
             went
             to
             make
             unto
             the
             Pope
             ,
             in
             case
             he
             did
             not
             condescend
             unto
             the
             Kings
             pleasure
             .
             And
             yet
             that
             was
             as
             renowned
             a
             Councell
             as
             this
             of
             Trent
             ,
             if
             not
             more
             ;
             where
             the
             Pope
             himselfe
             was
             present
             in
             person
             ;
             where
             that
             great
             Croisada
             for
             the
             holy
             Land
             was
             concluded
             upon
             :
             
             and
             one
             of
             our
             Historians
             speaking
             of
             it
             ,
             calls
             it
             
               in
               terminis
               ,
               The
               great
               Councell
               .
            
             In
             the
             yeere
             1215
             Innocent
             the
             third
             in
             a
             generall
             Councell
             holden
             at
             Rome
             ,
             did
             excommunicate
             Lewes
             the
             eldest
             sonne
             of
             
               Philip
               Augustus
            
             King
             of
             France
             ,
             with
             all
             his
             adherents
             .
             
               The
               same
               yeere
            
             (
             saith
             an
             English
             Monke
             )
             
               upon
               S.
               Martins
               day
            
             ,
             
             
               was
               there
               a
               generall
               Councell
               holden
               at
            
             Rome
             under
             Innocent
             
               the
               third
               ;
               at
               which
               were
               present
               ,
               Primates
               ,
               and
               Archbishops
               sixty
               one
               ;
               Bishops
               ,
               foure
               hundred
               and
               twelve
               ,
               and
               eight
               hundred
               Abbots
               and
               Priors
               .
               In
               which
               Councell
               the
               said
               Pope
               did
               excommunicate
            
             Lewes
             
               the
               King
               of
               France
               his
               eldest
               sonne
               ,
               and
               all
               the
               Earles
               and
               Barons
               of
               England
               ,
               with
               their
               complices
               ,
               which
               conspired
               and
               rebelled
               against
               the
               King
               of
               England
               .
               Philip
               Augustus
            
             knowing
             the
             excommunication
             ,
             said
             to
             Gualo
             the
             Popes
             Legat
             ,
             
             
               The
               Kingdome
               of
               England
            
             (
             which
             the
             Pope
             pretended
             to
             be
             feudatary
             to
             him
             ,
             and
             thereupon
             proceeded
             to
             that
             sentence
             of
             excommunication
             )
             
               never
               was
               ,
               nor
               is
               ,
               nor
               ever
               will
               be
               S.
            
             Peters
             
               patrimonie
               ,
               in
               as
               much
               as
               no
               King
               or
               Prince
               can
               give
               away
               his
               Kingdome
               without
               the
               consent
               of
               his
               Barons
               ,
               who
               were
               bound
               to
               defend
               it
               .
               And
               if
               the
               Pope
               intend
               peremptorily
               to
               stand
               in
               this
               errour
               ,
               urged
               thereto
               by
               a
               desire
               of
               enlarging
               his
               dominion
               ,
               hee
               will
               give
               a
               bad
               president
               to
               all
               Kingdomes
               .
               Whereupon
               the
               nobles
               of
               France
               ,
               seconding
               the
               words
               of
               their
               Prince
               ,
               begun
               in
               an
               instant
               to
               cry
               out
               with
               one
               voice
               ,
               That
               they
               would
               stand
               for
               that
               article
               till
               death
               .
            
             And
             yet
             all
             this
             was
             against
             the
             decision
             of
             a
             solemne
             generall
             Councell
             .
             
             
               Boniface
               the
               eighth
            
             (
             saith
             Platina
             )
             
               having
               called
               a
               generall
               Councell
               ,
               subj●cted
            
             Philip
             
               the
               Faire
               and
               his
               Kingdome
               to
               the
               Emperour
               Albert
            
             :
             this
             was
             (
             saith
             the
             Bishop
             of
             Consentia
             ,
             who
             relates
             the
             same
             story
             )
             in
             the
             yeere
             1302.
             
             Notwithstanding
             this
             decree
             of
             the
             Councell
             ,
             Philip
             the
             Faire
             did
             revenge
             himselfe
             upon
             Pope
             Boniface
             ,
             in
             such
             sort
             ,
             that
             if
             his
             violent
             death
             had
             not
             ensued
             upon
             it
             ,
             his
             proceedings
             had
             never
             been
             blamed
             nor
             condemned
             by
             any
             man.
             Platina
             ,
             
             after
             he
             hath
             delivered
             the
             story
             at
             large
             ,
             gives
             him
             this
             elogy
             ;
             
               Thus
               dyed
               that
               Boniface
               ,
               who
               studyed
               rather
               to
               strike
               a
               terrour
               then
               religion
               into
               all
               Emperours
               ,
               Kings
               ,
               Princes
               ,
               Nations
               ,
               and
               people
               ;
               who
               laboured
               to
               give
               and
               take
               away
               Kingdomes
               ,
               to
               repulse
               and
               recall
               men
               at
               his
               pleasure
               ;
               insatiably
               thirsting
               after
               an
               incredible
               masse
               of
               money
               ,
               which
               he
               had
               raked
               together
               by
               hooke
               and
               crooke
               .
               Wherefore
               let
               his
               example
               be
               a
               lesson
               to
               all
               governours
               ,
               religious
               and
               secular
               ,
               not
               to
               rule
               their
               Clergie
               and
               people
               proudly
               and
               disdainfully
               ,
               as
               the
               man
               we
               speake
               of
               did
               ,
               but
               piously
               and
               modestly
               .
               Benedict
            
             th'
             eleventh
             ,
             who
             succeeded
             this
             Boniface
             ,
             being
             informed
             of
             the
             justice
             of
             the
             cause
             of
             our
             King
             ,
             absolved
             him
             from
             the
             interdict
             ,
             whereto
             both
             himselfe
             and
             all
             his
             Kingdome
             were
             subjected
             ;
             
             and
             besides
             set
             forth
             a
             declaration
             for
             the
             exempting
             of
             the
             Kingdome
             of
             France
             ,
             from
             that
             power
             which
             Boniface
             by
             his
             Decretall
             did
             arrogate
             to
             himselfe
             over
             all
             Empires
             and
             Kingdomes
             whatsoever
             ,
             and
             for
             the
             preserving
             of
             it
             in
             the
             ancient
             rights
             and
             liberties
             thereof
             .
          
           
           
             16
             Pope
             Iohn
             
               the
               twenty
               second
            
             (
             say
             the
             German
             Chronicles
             )
             
             
               having
               called
               a
               Councell
               at
            
             Avinion
             
               of
               Bishops
               and
               Cardinals
               not
               a
               f●w
               ,
               passed
               the
               sentence
               of
               exc●●munication
               upon
            
             Lewes
             
               the
               Emperour
               ,
               and
               gave
               his
               reasons
               in
               his
               B●ll
               ●gainst
            
             Lewes
             ;
             
             
               because
               he
               had
               aided
               heretiques
               and
               schismatiques
               ,
               and
               had
               ever
               been
               a
               favourer
               of
               rebells
               .
               And
               besides
               he
               denounced
               the
               sentence
               of
               excommunication
               against
               all
               those
               that
               did
               not
               sequester
               themselves
               from
               his
               company
               ,
               and
               of
               deprivation
               of
               their
               benefices
               and
               dignities
               against
               such
               Priests
               as
               should
               celebrate
               divine
               service
               in
               his
               presence
               .
            
             The
             Author
             addes
             one
             thing
             very
             remarkable
             ;
             
               These
               proceedings
            
             (
             saith
             he
             )
             
               of
               the
               See
               of
            
             Rome
             ,
             
               were
               in
               those
               daies
               of
               great
               efficacy
               ;
               for
               it
               was
               a
               crime
               inexpiable
               to
               be
               of
               another
               opinion
               then
               th●
               Pope
               of
               Rome
               :
               yet
               were
               there
               some
               notwithstanding
               who
               ●ided
               with
            
             Lewes
             
               without
               any
               regard
               of
               the
               excommunication
            
             :
             but
             these
             not
             very
             many
             ;
             for
             in
             an
             imperiall
             Diet
             called
             afterwards
             by
             the
             Emperour
             ,
             to
             see
             if
             hee
             could
             finde
             any
             reliefe
             against
             that
             sentence
             ;
             all
             the
             world
             was
             frozen-hearted
             and
             crest-falne
             .
             All
             the
             refuge
             that
             poore
             Emperour
             had
             ,
             was
             in
             a
             few
             Lawyers
             ,
             who
             stoutly
             defended
             his
             right
             ,
             and
             thereby
             confirmed
             most
             of
             those
             who
             were
             wavering
             .
             
               Lewes
               had
            
             (
             saith
             the
             same
             Chronicle
             )
             
               some
               Doctors
               both
               of
               the
               Civill
               and
               C●non
               Lawe
               ,
               who
               were
               of
               opinion
               ,
               that
               the
               Popes
               sentence
               was
               null
               and
               invalid
               ;
               which
               opinion
               of
               the
               Doctors
               was
               a
               meanes
               why
               divers
               did
               not
               abandon
               him
               .
            
             See
             here
             how
             the
             Emperours
             party
             ,
             notwithstanding
             his
             right
             ,
             was
             at
             first
             but
             very
             weak
             ;
             yet
             afterwards
             grew
             so
             strong
             ,
             that
             every
             one
             openly
             rejected
             the
             unjust
             decree
             of
             the
             Councell
             .
             The
             Estates
             assembled
             at
             Francford
             the
             yeere
             1338.
             did
             cancell
             and
             disanull
             all
             these
             lawlesse
             proceedings
             ,
             by
             a
             faire
             decree
             which
             wee
             may
             read
             at
             large
             in
             Nauclerus
             ,
             
             Provost
             of
             Tubinge
             ,
             wherein
             are
             set
             downe
             all
             the
             authorities
             and
             reasons
             in
             law
             against
             the
             forementioned
             sentence
             and
             processe
             ,
             with
             this
             close
             ,
             
               By
               the
               advise
               and
               consent
               of
               all
               the
               Prelats
               and
               Princes
               of
            
             Germany
             ,
             
               assembled
               at
            
             Francford
             ,
             
               wee
               decree
               that
               the
               former
               processe
               ,
               be
               void
               and
               of
               no
               effect
               ,
               and
               pronounce
               a
               nullity
               upon
               them
               all
               .
            
             One
             of
             our
             commentators
             affirmes
             ,
             that
             even
             in
             the
             Court
             of
             Rome
             ,
             where
             himselfe
             afterwards
             was
             ,
             many
             Prelates
             and
             many
             laiques
             ,
             well
             skilled
             in
             both
             the
             Lawes
             ,
             did
             hold
             that
             the
             Emperour
             was
             wronged
             .
             To
             bee
             short
             ,
             there
             was
             not
             one
             till
             Pope
             Benet
             the
             twelfth
             ,
             who
             succeeded
             Pope
             Iohn
             ,
             that
             did
             not
             disrelish
             that
             processe
             ;
             and
             yet
             it
             was
             done
             in
             a
             Councell
             .
             The
             Councell
             which
             was
             begun
             at
             Ferrara
             1438
             ,
             and
             continued
             at
             Florence
             ,
             was
             never
             received
             and
             approved
             of
             in
             this
             Realme
             of
             France
             .
             The
             Bishop
             of
             Panormo
             tells
             us
             so
             ;
             
               The
               King
               of
               France
            
             (
             saith
             he
             )
             
               did
               expresly
               forbid
               upon
               great
               penalties
               ,
               that
               any
               of
               his
               dominions
               should
               goe
               to
            
             Ferrara
             
               to
               celebrate
               the
               Oecunmenicall
               Councell
               .
               Charles
            
             the
             seventh
             telles
             some
             Cardinals
             downright
             so
             ,
             who
             were
             sent
             Ambassadours
             from
             Eugenius
             ,
             and
             were
             come
             to
             Bruges
             to
             get
             him
             to
             accept
             of
             it
             ,
             and
             amongst
             others
             to
             present
             him
             with
             this
             Article
             ;
             
               That
               since
               such
               time
               as
               it
               was
               translated
               to
            
             Ferrara
             ,
             
               the
               King
               should
               reject
               the
               Councell
               of
            
             Basil
             ,
             
               and
               receive
               the
               Councell
               of
            
             Ferrara
             
               with
               the
               acts
               thereof
            
             .
             Whereto
             he
             made
             answer
             ,
             after
             six
             dayes
             deliberation
             with
             his
             Prelates
             and
             others
             assembled
             at
             
               Bruges
               ,
               That
               hee
               had
               received
               the
               Councell
               of
            
             Basil
             
               for
               a
               Councell
               indeed
               ;
               that
               he
               sent
               his
               Ambassadours
               thither
               ;
               that
               many
               things
               were
               there
               wisely
               determined
               concerning
               faith
               ,
               and
               manners●
               and
               such
               a●
               hee
               liked
               well
               of
               :
               But
               for
               that
               of
            
             Ferrara
             ,
             
               hee
               never
               did
               ,
               nor
               never
               would
               take
               it
               for
               a
               Councell
               .
            
          
           
             17.
             
             These
             articles
             and
             answers
             are
             extant
             in
             the
             workes
             of
             
               Nicholas
               de
               Clem●ngiis
            
             .
             
             And
             yet
             for
             all
             this
             Clement
             the
             seventh
             styles
             this
             the
             
               Eighth
               Generall
               Councell
            
             .
             For
             marke
             how
             he
             speakes
             of
             it
             in
             his
             Bull
             of
             the
             22.
             of
             Aprill
             1527.
             directed
             to
             the
             Bishop
             of
             
               Farnasia
               .
               Wee
               cannot
               chuse
               but
               l●nd
               you
               our
               assist●●ce
               in
               the
               impression
               of
               the
               Acts
               of
               the
               eighth
               Generall
               Councell
               held
               at
            
             Florence
             ,
             
               which
               you
               have
               translated
               out
               of
               Greeke
               into
               Latine
               .
            
             True
             it
             is
             ,
             that
             
             
               Laurence
               Surius
            
             disavowes
             it
             ,
             
             when
             he
             saith
             ,
             it
             was
             not
             well
             said
             to
             call
             it
             the
             eighth
             Councell
             ,
             because
             that
             's
             not
             it's
             place
             .
             He
             wist
             not
             haply
             ,
             that
             a
             Pope
             (
             so
             saith
             Bellarmine
             ,
             them
             to
             a
             greater
             Doctor
             than
             Clement
             )
             ranckt
             it
             the
             sixteenth
             amongst
             the
             approved
             Generall
             Councels
             .
             There
             hath
             beene
             such
             a
             stirre
             in
             France
             about
             placing
             it
             according
             to
             it's
             ranke
             ,
             
             that
             the
             que●tion
             hangs
             yet
             in
             the
             Court
             undetermined
             .
             As
             for
             the
             Councell
             of
             Basil
             ,
             although
             the
             Ambassadors
             of
             France
             were
             there
             ,
             and
             Charles
             the
             seventh
             confesse
             that
             hee
             received
             as
             a
             Councell
             ;
             yet
             for
             all
             that
             hee
             approved
             it
             but
             in
             part
             :
             for
             of
             forty
             five
             Sessions
             of
             that
             Councell
             ,
             France
             hath
             received
             onely
             the
             thirty
             two
             first
             ,
             and
             those
             too
             not
             without
             some
             qualifications
             and
             restrictions
             .
             
               Some
               Decrees
               as
               they
               lye
               ,
               others
               with
               certaine
               formes
               and
               modifications
            
             ;
             so
             sayes
             the
             Pragmaticall
             Sanction
             .
             
             As
             for
             the
             last
             ,
             which
             mainly
             concerne
             the
             deposing
             of
             Pope
             Eugenius
             ,
             and
             the
             creation
             of
             Felix
             the
             fifth
             ,
             Charles
             the
             seventh
             made
             this
             protestation
             :
             
               The
               King
               protesteth
               as
               a
               most
               Christian
               Prince
               treading
               in
               the
               foot-steps
               of
               his
               predecessors
               ,
            
             
             
               that
               he
               is
               very
               ready
               to
               give
               eare
               to
               the
               Church
               rightly
               and
               lawfully
               called
               together
               .
               But
               for
               as
               much
               as
               many
               honest
               and
               grave
               personages
               make
               a
               question
               ,
               whether
               the
               suspension
               ,
               deprivation
               ,
               and
               ●lection
               which
               ensued
               thereupon
               at
            
             Basil
             ,
             
               were
               rightly
               and
               Canonically
               performed
               or
               no●
               and
               seeing
               it
               is
               doubtfull
               whether
               that
               assembly
               did
               sufficiently
               represent
               the
               Church
               Catholique
               ,
               then
               when
               the
               matters
               were
               acted
               &
               agitated
               ,
               so
               as
               they
               might
               proceed
               to
               points
               of
               such
               great
               consequence
               and
               difficulty
               ,
               therefore
               the
               King
               doth
               persevere
               and
               continue
               in
               his
               obedience
               to
            
             Eugenius
             ,
             
               wherein
               he
               is
               at
               this
               present
               .
            
             That
             which
             Benedict
             ,
             sometimes
             Counsellour
             to
             the
             Parliament
             of
             Tholous
             ,
             hath
             delivered
             in
             his
             workes
             concerning
             this
             point
             ,
             is
             very
             remarkable
             .
             Herein
             (
             saith
             he
             )
             
               appeareth
               the
               errour
               of
               some
            
             ,
             
             
               who
               hold
               that
               the
               French
               Church
               assembled
               at
            
             Bourges
             
               in
               the
               time
               of
            
             Charles
             
               the
               seventh
               King
               of
            
             France
             ,
             
               could
               not●
               as
               she
               did
               ,
               reject
               any
               Canons
               of
               the
               Councell
               of
            
             Basil
             :
             
               for
               shee
               might
               both
               reject
               ,
               and
               not
               accept
               them
               ,
               and
               qualifie
               those
               shee
               received
               by
               adding
               to
               ,
               or
               detracting
               from
               them
               ,
               and
               so
               put
               them
               in
               forme
               and
               fashion
               :
               not
               upon
               misdoubting
               of
               the
               power
               and
               authority
               of
               that
               Generall
               Councell
               which
               made
               and
               published
               them
               ;
               but
               to
               fit
               and
               accommodate
               them
               to
               the
               exigencies
               of
               those
               times
               ,
               and
               to
               the
               conditions
               of
               the
               places
               and
               persons
               in
               the
               Kingdome
               ,
               and
               in
            
             Dauphine
             ;
             
               in
               such
               sort
               as
               those
               Fathers
               have
               expressed
               ,
               and
               as
               it
               appeareth
               by
               what
               wee
               have
               delivered
               ,
               but
               more
               plainly
               ,
               in
               the
               text
               of
               the
               pragmaticall
               Sanction
               :
               so
               that
               if
               they
               might
               be
               wholly
               rejected
               ,
               much
               more
               might
               they
               be
               onely
               in
               part
               receiued
               ,
               and
               that
               with
               some
               qualifications
               and
               conditions
               .
            
             As
             for
             the
             last
             Councell
             of
             Lateran
             ,
             however
             the
             Popes
             make
             high
             esteeme
             of
             it
             ,
             as
             being
             very
             advantagious
             to
             them
             ,
             yet
             indeed
             it
             cannot
             justly
             be
             tanked
             amongst
             the
             number
             of
             lawfull
             Councels
             ,
             both
             because
             it
             was
             purposely
             called
             for
             a
             countermine
             to
             the
             second
             Pisan
             ,
             to
             elude
             the
             reformation
             intended
             as
             well
             in
             the
             head
             as
             the
             members
             ;
             and
             also
             by
             reason
             of
             the
             iniquity
             of
             the
             Decrees
             there
             made
             ;
             whereof
             wee
             shall
             treat
             elsewhere
             more
             at
             large
             .
             Here
             I
             need
             say
             no
             more
             ,
             but
             that
             it
             was
             never
             received
             nor
             approved
             in
             France
             ;
             
             nay
             more
             ,
             the
             University
             of
             Paris
             did
             put
             in
             an
             appeale
             to
             the
             next
             Councell
             :
             the
             copy
             whereof
             may
             bee
             read
             in
             some
             authors
             ,
             where
             it
             is
             said
             ,
             amongst
             other
             things
             ,
             that
             this
             same
             Councell
             was
             purposely
             assembled
             against
             France
             :
             as
             indeed
             it
             was
             .
             For
             there
             both
             Lewes
             the
             twelfth
             was
             excommunicated
             ,
             the
             Pragmaticall
             Sanction
             repealed
             ,
             and
             the
             second
             Pisan
             Councell
             consisting
             mainly
             of
             French
             (
             which
             was
             their
             fault
             ,
             not
             our
             plot
             )
             in
             like
             manner
             condemned
             .
             T
             is
             said
             also
             ,
             how
             that
             Councell
             was
             not
             assembled
             in
             the
             name
             of
             the
             Holy
             Ghost
             :
             and
             a
             Germane
             Monke
             styles
             it
             
               a
               packe
               of
               Cardinalls
            
             ;
             
             commending
             and
             approving
             that
             appeale
             which
             was
             made
             concerning
             it
             by
             the
             University
             of
             Paris
             :
             It
             will
             prove
             cozen
             germane
             to
             that
             of
             Trent●
             so
             that
             I
             will
             not
             here
             set
             downe
             the
             very
             words
             of
             that
             appeale
             ,
             because
             I
             take
             occasion
             to
             speake
             of
             them
             elsewhere
             .
             He
             that
             shall
             seriously
             consider
             
             these
             instances
             ,
             hee
             will
             finde
             ,
             
             that
             the
             rejection
             hithertowards
             of
             the
             Councell
             of
             Trent
             ,
             both
             in
             this
             and
             other
             Kingdomes
             ,
             is
             no
             novelty
             nor
             extraordinary
             thing
             .
             For
             many
             of
             those
             by
             us
             mentioned
             were
             more
             famous
             ,
             more
             generall
             ,
             more
             legitimate
             ,
             and
             withall
             farre
             lesse
             prejudiciall
             ,
             than
             this
             .
             They
             conteined
             onely
             some
             petty
             grievances
             ,
             some
             personall
             injuries
             ,
             some
             particular
             intrenchings
             upon
             some
             rights
             ,
             either
             Ecclesiasticall
             or
             Temporall
             :
             But
             this
             keepes
             neither
             rule
             nor
             measure
             ,
             but
             turnes
             the
             state
             of
             the
             Church
             ,
             and
             all
             Christendome
             topsie-turvie
             :
             it
             sets
             the
             Pope
             above
             all
             :
             above
             Kings●
             Princes
             ,
             and
             Councels●
             yea
             it
             puts
             Kingdomes
             and
             Empires
             in
             subjection
             under
             him
             :
             and
             for
             Temporall
             matters
             ,
             it
             gives
             him
             full
             power
             and
             absolute
             authority
             over
             such
             Ecclesiasticall
             persons
             as
             did
             not
             acknowledge
             any
             jurisdiction
             of
             his
             ,
             save
             such
             as
             remained
             upon
             record
             :
             it
             reduceth
             us
             to
             our
             former
             miseries
             ,
             to
             a
             necessity
             of
             going
             to
             Rome
             to
             plead
             our
             causes
             ,
             that
             so
             it
             may
             squeeze
             our
             Countreyes
             both
             of
             men
             and
             money
             :
             it
             entitleth
             him
             to
             the
             election
             into
             Bishopricks
             and
             Benefices
             ,
             so
             to
             cozen
             the
             naturals
             of
             each
             Kingdome
             and
             Province
             of
             them
             ,
             and
             to
             transferre
             them
             upon
             such
             strangers
             as
             will
             be
             at
             his
             devotion
             :
             it
             robs
             Kings
             of
             the
             nomination
             of
             Bishops
             and
             other
             Ecclesiastiques
             ,
             and
             of
             that
             jurisdiction
             over
             them
             which
             they
             ought
             to
             have
             ;
             nay
             and
             in
             some
             cases
             even
             over
             meere
             Lay-men
             ;
             devolving
             all
             to
             the
             Pope
             by
             meanes
             of
             appeales
             ,
             commissions
             ,
             evocations
             ,
             reservations
             ,
             exemptions
             ,
             and
             that
             absolute
             authority
             which
             it
             gives
             him
             in
             such
             things
             as
             concern●
             the
             manners
             and
             discipline
             of
             the
             Church
             ,
             nay
             indeed
             in
             all
             things
             without
             exception
             :
             It
             repeales
             the
             ancient
             Canons
             and
             Ecclesiasticall
             Constitutions
             ,
             subjecting
             us
             wholly
             to
             all
             the
             Papall
             Decrees
             ,
             which
             dispose
             as
             boldly
             of
             Temporalls
             ,
             as
             Spiritualls
             .
             It
             totally
             reduceth
             all
             ancient
             liberties
             to
             servitude
             ,
             and
             particularly
             those
             of
             France
             ,
             whereby
             we
             were
             ever
             preserved
             from
             an
             insupportable
             tyranny
             ;
             from
             those
             troubles
             and
             calamities
             which
             were
             prepared
             for
             us
             ,
             and
             under
             which
             our
             ancestors
             groaned
             ,
             whensoever
             they
             were
             carelesse
             to
             preserve
             them
             .
             Whereupon
             they
             have
             (
             as
             it
             were
             )
             pourtrayed
             them
             forth
             upon
             a
             tablet
             ,
             
             to
             serve
             (
             as
             they
             say
             )
             for
             a
             caution
             to
             posterity
             ,
             that
             so
             they
             may
             take
             heed
             of
             making
             shipwracke
             of
             their
             liberties
             .
             So
             as
             a
             many
             would
             say
             ,
             they
             knew
             by
             a
             secret
             revelation
             that
             the
             Councell
             of
             Trent
             would
             come
             ,
             and
             foresaw
             our
             future
             stupidity
             .
             And
             yet
             even
             then
             when
             they
             gave
             us
             this
             counsell
             ,
             they
             were
             onely
             busied
             about
             the
             maintaining
             of
             some
             few
             of
             their
             liberties
             ,
             whereas
             now
             all
             are
             going
             ,
             (
             as
             we
             shall
             make
             it
             plainly
             appeare
             in
             this
             Treatise
             )
             beside●
             many
             other
             injustices
             ,
             which
             it
             would
             be
             too
             long
             to
             specifie
             in
             the
             prologue
             .
             And
             for
             as
             much
             as
             that
             which
             first
             put
             me
             upon
             this
             enterprize
             ,
             was
             the
             earnest
             suits
             ,
             which
             ,
             being
             at
             Court
             ,
             I
             have
             seene
             exhibited
             to
             our
             Soveraigne
             in
             behalfe
             of
             the
             Pope
             for
             the
             receiving
             of
             this
             Councell
             ,
             I
             thought
             fit
             to
             shew
             in
             the
             first
             place
             ,
             that
             this
             is
             no
             new
             thing
             ,
             but
             that
             whatsoever
             they
             can
             urge
             concerning
             this
             point
             ,
             hath
             beene
             heretofore
             urged
             to
             our
             precedent
             Kings
             ,
             but
             in
             vaine
             ,
             and
             with
             no
             effect
             ;
             for
             they
             would
             never
             give
             eare
             to
             the
             publication
             of
             a
             thing
             so
             dangerous
             both
             to
             the
             Church
             and
             State.
             
          
        
         
           
           
             CHAP.
             II.
             Of
             the
             instances
             which
             have
             beene
             made
             unto
             the
             late
             Kings
             ,
             for
             the
             receiving
             of
             the
             Councell
             of
             Trent
             .
          
           
             
             1
             THe
             Councell
             of
             Trent
             was
             no
             sooner
             finished
             ,
             but
             Charle●●
             the
             ninth
             was
             moved
             by
             the
             Ambassadours
             of
             Pope
             Pius
             the
             fourth
             ,
             of
             the
             Emperour
             ,
             the
             King
             of
             the
             Romanes
             ,
             the
             King
             of
             Spaine
             ,
             and
             the
             Prince
             of
             Piemont
             to
             keepe
             ,
             and
             cause
             to
             be
             kept
             within
             his
             Dominions
             ,
             the
             Canons
             and
             decrees
             of
             that
             Councell
             :
             
               Marke
               the
               very
               Article
               of
               their
               ambassage
               ;
               
               The
               first
               point
               is
               ,
               that
               they
               have
               sollicited
               the
               King
               to
               observe
               and
               cause
               to
               be
               observed
               in
               all
               his
               Kingdome
               ,
               Countries
               ,
               places
               ,
               and
               Signiories
               within
               his
               Dominions
               ,
               the
               articles
               of
               the
               holy
               Councell
               lately
               holden
               at
               Trent
               ,
               which
               they
               had
               brought
               with
               them
               .
               And
               to
               the
               intent
               they
               might
               be
               read
               unto
               him
               ,
               and
               an
               oath
               administred
               before
               the
               delegates
               of
               the
               said
               Councell
               ,
               the
               King
               was
               appointed
               to
               appeare
               at
               Nants
               in
               Loraine
               ,
               upon
               our
               Ladies
               day
               in
               March
               ,
               where
               the
               said
               Grande's
               would
               likewise
               appeare
               ,
               they
               and
               all
               the
               Kings
               and
               Princes
               of
               Christendome
               ;
               where
               they
               determined
               to
               make
               an
               universall
               law
               ,
               like
               to
               that
               which
               was
               was
               enacted
               and
               agreed
               upon
               at
               the
               said
               holy
               Councel
               ,
               for
               the
               extirpation
               of
               heresies
               and
               uncouth
               doctrines
               ;
               such
               as
               should
               be
               found
               repugnant
               to
               the
               holy
               Councell
               aforesaid
               .
            
          
           
             2
             They
             made
             also
             some
             other
             requests
             unto
             him
             ;
             as
             ,
             that
             he
             would
             put
             an
             end
             to
             the
             alienation
             of
             the
             temporall
             goods
             of
             the
             Church
             ;
             that
             he
             would
             cause
             the
             ringleaders
             of
             the
             seditious
             and
             schismaticall
             persons
             in
             his
             Dominions
             to
             be
             punished
             ;
             that
             he
             would
             revoke
             the
             pardon
             and
             absolution
             granted
             by
             his
             proclamation
             ,
             especially
             in
             respect
             of
             such
             as
             were
             guilty
             of
             treason
             against
             the
             Divine
             Majestie
             ;
             that
             he
             would
             put
             his
             hand
             to
             the
             sword
             of
             justice
             ,
             for
             the
             punishing
             of
             the
             murther
             committed
             upon
             the
             person
             of
             the
             late
             Earle
             of
             Guise
             .
             To
             all
             which
             demands
             ,
             he
             made
             answere
             by
             writing
             in
             this
             sort
             .
             
               I
               thanke
               your
               Masters
               Majesties
               for
               the
               good
               and
               commendable
               advice
               they
               give
               me
               ;
               and
               you
               also
               for
               the
               paines
               which
               it
               hath
               pleased
               you
               to
               take
               in
               that
               behalfe
               :
               giving
               you
               to
               understand
               that
               my
               very
               purpose
               is
               to
               live
               and
               cause
               my
               people
               to
               live
               according
               to
               the
               ancient
               and
               laudable
               custome
               kept
               and
               observed
               in
               the
               Church
               of
               Rome
               :
               and
               that
               the
               peace
               which
               I
               made
               hereupon
               ,
               was
               to
               cleare
               my
               Kingdomes
               of
               the
               enemie
               :
               and
               for
               the
               present
               ,
               my
               desire
               is
               ,
               that
               justice
               be
               observed
               in
               all
               places
               of
               my
               Dominions
               .
               But
               I
               intreat
               them
               to
               hold
               me
               excused
               ,
               for
               a
               reason
               which
               I
               shall
               send
               unto
               them
               in
               writing
               ;
               and
               because
               I
               will
               have
               the
               advice
               of
               the
               Princes
               ,
               Lords
               ,
               and
               persons
               of
               note
               of
               my
               Counsell
               ;
               which
               I
               will
               call
               within
               these
               few
               dayes
               for
               that
               purpose
               .
            
          
           
             3
             It
             was
             determined
             by
             the
             Counsell
             not
             to
             hearken
             to
             these
             perswasions
             and
             impressions
             ;
             and
             that
             not
             only
             now
             ,
             but
             afterwards
             also
             in
             the
             yeere
             1572
             ,
             when
             Cardinall
             Alexandrino
             the
             Popes
             Nephew
             ,
             came
             forth
             of
             Spaine
             into
             France
             ,
             with
             commission
             to
             reinforce
             this
             instance
             .
             And
             yet
             this
             King
             may
             seeme
             to
             be
             more
             obliged
             herein
             ,
             then
             his
             successors
             ;
             considering
             how
             hee
             had
             bestirred
             himselfe
             for
             the
             continuation
             of
             the
             Councell
             ever
             since
             his
             coming
             to
             the
             Crowne
             ;
             and
             how
             he
             had
             sent
             his
             Ambassadours
             ,
             and
             Orators
             to
             it
             ;
             and
             had
             caused
             the
             Bishops
             and
             Abbots
             of
             his
             Kingdome
             to
             goe
             thither
             .
             As
             appeares
             both
             by
             his
             letters
             writ
             to
             the
             Councell
             ,
             and
             by
             the
             relations
             of
             
             his
             Orators
             ;
             more
             particularly
             by
             that
             of
             the
             Lord
             of
             Pibrac
             .
             
             As
             for
             the
             reasons
             of
             his
             refusall
             ,
             wee
             shall
             speak
             of
             them
             anon
             .
          
           
             4
             King
             Henry
             the
             third
             was
             entreated
             and
             urged
             in
             this
             point
             severall
             times
             ,
             not
             only
             by
             the
             Pope
             ,
             but
             also
             by
             the
             Clergie
             of
             his
             Kingdome
             ,
             who
             never
             ceased
             hammering
             of
             this
             iron
             ,
             yet
             could
             they
             not
             worke
             it
             to
             their
             liking
             .
             Monsieur
             Arnalt
             of
             Pontac
             ,
             Bishop
             of
             Bazas
             ,
             doth
             testifie
             as
             much
             in
             an
             oration
             of
             his
             ,
             delivered
             the
             third
             of
             Iuly
             1579
             ;
             
               This
               thing
            
             (
             saith
             he
             ,
             speaking
             to
             the
             King
             about
             the
             receiving
             of
             the
             Councell
             )
             
               for
               which
               the
               Clergy
               hath
               many
               times
               heretofore
               petitioned
               you
               ,
               and
               namely
               in
               the
               last
               generall
               assembly
               of
               the
               States
               holden
               at
            
             Blois
             .
             He
             meanes
             especially
             that
             in
             the
             yeere
             1576.
             where
             Monsieur
             
               Peter
               Espinac
            
             Archbishop
             of
             Lyons
             ,
             in
             an
             oration
             made
             by
             him
             in
             the
             name
             of
             the
             State
             Ecclesiasticall
             of
             France
             ,
             speakes
             thus
             unto
             the
             King
             :
             
               They
               most
               humbly
               desire
               you
               ,
               that
               according
               to
               their
               more
               pa●ticular
               requests
               exhibited
               in
               their
               Remonstrances●
               you
               would
               authorize
               and
               cause
               to
               be
               published
               ,
               the
               holy
               and
               sacred
               Councell
               of
               Trent
               :
               which
               by
               the
               advice
               of
               so
               many
               learned
               men
               hath
               diligently
               sought
               out
               all
               that
               is
               necessary
               to
               restore
               the
               Church
               to
               her
               primitive
               splendor
               .
               Wherein
               (
               Sir
               )
               they
               hope
               and
               expect
               from
               you
               ,
               as
               a
               most
               Christian
               King●
               and
               most
               affectionate
               to
               the
               Church
               of
               God
               ,
               the
               assistance
               of
               your
               authority
               to
               put
               this
               reformation
               in
               execution
               .
            
             And
             here
             it
             is
             worth
             observing
             ,
             that
             diverse
             Ecclesiastickes
             were
             of
             opinion
             ,
             
               That
               the
               publication
               and
               observance
               of
               the
               said
               Councell
               might
               be
               required
               ,
               
               without
               any
               prejudice
               to
               the
               liberties
               of
               the
               Gallicane
               Church
               ,
               with
               exemption
               of
               the
               jurisdiction
               of
               the
               Cathedrall
               Churches
               of
               this
               Kingdome
               ,
               which
               they
               enjoyed
               at
               that
               present
               ,
               and
               of
               such
               priviledges
               and
               dispensations
               as
               they
               had
               already
               obtained
               ,
               and
               not
               otherwise
               .
            
             Whereupon
             a
             protestation
             was
             drawne
             the
             23.
             of
             December
             ,
             in
             the
             same
             yeere
             ,
             and
             afterwards
             printed
             1594.
             the
             26.
             of
             that
             moneth
             .
             
               Certaine
               delegates
               of
               the
               Church
               appeared
               in
               the
               Councell
               ,
               and
               exhorted
               the
               three
               Estates
               to
               tolerate
               but
               one
               religion
               ,
               viz.
               the
               Catholique
               Romane
               ,
               and
               the
               Councell
               of
               Trent
               ;
               and
               to
               take
               a
               view
               of
               those
               Articles
               which
               are
               generall
               and
               common
               to
               all
               the
               three
               Estates
               ,
               to
               have
               them
               collected
               into
               one
               scrowle
               ,
               and
               authorized
               by
               the
               King
               ,
               to
               make
               them
               more
               authentique
               .
            
             Yet
             for
             all
             this
             ,
             nothing
             was
             done
             ,
             as
             appeares
             by
             the
             report
             afterwards
             set
             forth
             in
             print
             .
          
           
             5
             The
             same
             request
             was
             againe
             repeated
             by
             the
             Clergy
             of
             France
             ,
             assembled
             at
             Melun
             ,
             in
             Iuly
             1579.
             as
             appeares
             by
             the
             speech
             made
             before
             the
             King
             by
             the
             prenamed
             Lord
             Bishop
             of
             Bazas
             ,
             out
             of
             which
             wee
             have
             extracted
             these
             words
             :
             
               The
               Clergy
               humbly
               entreateth
               your
               Majestie
               ,
               that
               it
               may
               be
               lawfull
               for
               them
               by
               your
               authority
               to
               reduce
               Ecclesiastical
               discipline
               ,
               and
               reforme
               themselves
               in
               good
               earnest
               .
               Amongst
               all
               the
               rules
               of
               reformation
               and
               discipline
               ,
               they
               have
               pitched
               upon
               those
               which
               were
               dictated
               by
               the
               Holy
               Ghost
               ,
               and
               written
               to
               the
               holy
               generall
               Councell
               of
               Trent
               ;
               in
               as
               much
               as
               they
               cannot
               finde
               any
               more
               austere
               and
               rigorous
               ,
               nor
               more
               proper
               for
               the
               present
               malady
               ,
               and
               indisposition
               of
               all
               the
               members
               of
               the
               body
               Ecclesiastick
               :
               but
               chiefly
               ,
               because
               they
               are
               tyed
               and
               bound
               to
               all
               lawes
               so
               made
               by
               the
               Catholick
               Church
               ,
               upon
               paine
               of
               being
               reputed
               schismaticall
               against
               the
               Catholick
               Apostolick
               Church
               of
               Rome
               ;
               and
               of
               incurring
               the
               curse
               of
               God
               and
               eternall
               damnation
               .
            
             And
             presently
             after
             he
             addes
             ,
             
               Wherefore
               the
               Clergy
               doth
               most
               humbly
               beseech
               you
               ,
               that
               you
               would
               be
               pleased
               to
               ordaine
               ,
               that
               the
               decrees
               of
               the
               most
               sacred
               Councell
               of
               Trent
               may
               be
               generally
               published
               throughout
               your
               Dominions
               ,
               to
               be
               inviolably
               observed
               by
               them
               .
            
          
           
             6
             
               Nicolas
               Angelier
            
             Bishop
             of
             Saint
             Brien
             ,
             made
             the
             like
             instance
             to
             the
             same
             King
             ,
             October
             the
             third
             1579
             ,
             in
             the
             name
             of
             the
             Clergy
             assembled
             at
             Melun
             .
             
               Wee
               have
               (
               saith
               hee
               )
               earnestly
               desired
               ,
               and
               doe
               now
               desire
               more
               earnesty
               ,
               and
               will
               desire
               ,
               as
               long
               as
               we
               breath
               ,
               of
               God
               and
               you
               ,
               that
               the
               
               Councell
               of
               Trent
               may
               be
               published
               ,
               
               and
               the
               elections
               restored
               to
               Churches
               and
               Monasteries
               :
               Which
               publication
               of
               the
               Councell
               is
               not
               desired
               by
               us
               ,
               that
               wee
               may
               thereby
               raise
               up
               you
               and
               other
               Catholick
               Princes
               in
               armes
               ,
               to
               spoile
               and
               butcher
               such
               as
               have
               stragled
               from
               the
               true
               Religion
               :
               for
               wee
               desire
               not
               to
               reclaime
               and
               reduce
               them
               to
               the
               flock
               of
               Christ
               by
               force
               ,
               but
               by
               sound
               doctrine
               ,
               and
               the
               example
               of
               a
               good
               life
               :
               For
               he
               ,
               we
               know
               ,
               came
               not
               into
               the
               world
               to
               destroy
               ,
               but
               to
               save
               the
               soules
               of
               all
               men
               ,
               for
               whom
               hee
               shed
               his
               precious
               bloud
               :
               and
               if
               need
               so
               required
               ,
               we
               would
               not
               stick
               in
               imitation
               of
               him
               to
               lay
               downe
               our
               lives
               for
               the
               salvation
               of
               those
               poore
               misused
               soules
               .
               But
               we
               desire
               that
               Councell
               may
               be
               published
               for
               the
               establishment
               and
               maintaining
               of
               a
               true
               ,
               sound
               ,
               entire
               ,
               and
               setled
               discipline
               ;
               which
               is
               so
               necessary
               and
               behoofefull
               for
               the
               Church
               .
            
          
           
             7
             Iuly
             the
             seventeenth
             1582
             ,
             Renald
             of
             Beaune
             ,
             Lord
             Archbishop
             of
             Bourges
             ,
             and
             Primate
             of
             Aquitane
             ,
             delegat
             for
             the
             Clergy
             in
             this
             case
             ,
             spoke
             at
             Fountainbleau
             in
             this
             sort
             ;
             
               The
               whole
               Church
               ,
               Christian
               and
               Catholick
               ,
               assisted
               by
               the
               Legates
               and
               Ambassadours
               of
               the
               Emperour
               ,
               of
               this
               your
               kingdome
               ,
               and
               of
               all
               other
               Christian
               Kings
               ,
               Princes
               ,
               and
               Potentates
               ,
               did
               call
               ,
               assemble
               ,
               and
               celebrate
               the
               Councell
               of
               Trent
               ;
               where
               many
               good
               and
               wholesome
               constitutions
               ,
               usefull
               and
               necessary
               for
               the
               government
               of
               the
               Church
               and
               the
               house
               of
               God
               ,
               were
               ordained
               :
               To
               which
               Councell
               ,
               all
               the
               Legats
               and
               Ambassadours
               did
               solemnly
               sweare
               in
               the
               behalfe
               of
               their
               masters
               ,
               to
               observe
               and
               keep
               ,
               and
               cause
               it
               to
               be
               inviolably
               kept
               by
               all
               their
               subjects
               ;
               yea
               ,
               even
               the
               Ambassadours
               of
               this
               your
               Kingdome
               solemnly
               tooke
               that
               oath
               :
               Now
               it
               is
               received
               ,
               kept
               and
               observed
               by
               all
               Christian
               Catholick
               Kings
               and
               Potentates
               ,
               this
               Kingdome
               only
               excepted
               ,
               which
               hath
               hithertowards
               deferred
               the
               publication
               and
               receiving
               of
               it
               ,
               to
               the
               great
               scandall
               of
               the
               French
               nation
               ,
               and
               of
               the
               title
               of
               MOST
               CHRISTIAN
               ,
               wherewith
               your
               Majestie
               and
               your
               predecessors
               have
               been
               honoured
               :
               So
               that
               under
               colour
               of
               some
               Articles
               touching
               the
               libertie
               of
               the
               Gallican
               Church
               ,
               (
               which
               might
               bee
               mildly
               allayed
               by
               the
               permission
               of
               our
               holy
               father
               the
               Pope
               )
               under
               scugge
               I
               say
               of
               this
               the
               staine
               and
               reproach
               of
               the
               crime
               of
               Schisme
               ,
               rests
               upon
               your
               kingdome
               amongst
               other
               Countries
               :
               which
               signifies
               no
               lesse
               in
               Greeke
               ,
               then
               division
               and
               disunion
               ;
               a
               marke
               and
               signe
               ,
               quite
               contrary
               to
               Christianity
               ,
               and
               which
               your
               Majestie
               and
               your
               predecessors
               have
               ever
               abhorred
               and
               eschewed
               :
               and
               when
               some
               difficulty
               was
               found
               about
               the
               receiving
               of
               some
               other
               Councells
               ,
               as
               that
               of
               Basil
               and
               others
               ,
               all
               was
               carried
               so
               gravely
               and
               wisely
               ,
               that
               both
               the
               honour
               and
               unity
               of
               the
               Church
               ,
               and
               also
               the
               rights
               of
               your
               crowne
               and
               dignity
               ,
               were
               maintained
               and
               preserved
               .
               And
               this
               is
               the
               cause
               ,
               why
               the
               Clergy
               doth
               now
               againe
               most
               humbly
               desire
               your
               Majestie
               ,
               that
               you
               would
               be
               pleased
               to
               hearken
               to
               this
               publication
               ,
               and
               removing
               all
               rubs
               ,
               which
               are
               laid
               before
               you
               concerning
               it
               ,
               that
               you
               would
               with
               an
               honest
               and
               pious
               resolution
               ,
               make
               an
               end
               of
               all
               to
               the
               glory
               of
               God
               ,
               and
               the
               union
               of
               his
               Church
               .
            
          
           
             8
             There
             was
             a
             Nuncio
             from
             the
             Pope
             ,
             who
             arrived
             in
             France
             ,
             in
             the
             beginning
             of
             the
             yeere
             1583
             ,
             who
             prosecuted
             this
             matter
             with
             a
             great
             deale
             of
             earnestnesse
             :
             yet
             for
             all
             that
             he
             could
             not
             move
             Henry
             the
             third
             one
             jot
             ;
             who
             ,
             like
             a
             great
             statesman
             as
             he
             was
             ,
             perceived
             better
             then
             any
             other
             ,
             what
             prejudice
             that
             Councell
             might
             be
             unto
             him
             .
             
             His
             majestie
             that
             now
             reignes
             ,
             was
             startled
             at
             that
             instance
             ,
             and
             afraid
             ,
             least
             that
             importunity
             should
             extort
             from
             him
             somewhat
             prejudiciall
             to
             France
             ;
             whereupon
             hee
             writ
             to
             the
             late
             King
             concerning
             it
             ;
             who
             made
             him
             this
             answer
             .
          
           
             
             9
             
               Brother
               ,
               those
               that
               told
               you
               ,
               that
               I
               would
               cause
               the
               Councell
               of
            
             Trent
             
               to
               be
               published
               ,
               were
               not
               well
               informed
               of
               my
               intentions
               ,
               for
               I
               never
               so
               much
               as
               thought
               it
               .
               Nay
               ,
               I
               know
               well
               how
               such
               publication
               would
               be
               prejudicall
               to
               my
               affaires
               :
               
               And
               I
               am
               not
               a
               little
               jealous
               of
               the
               preservaton
               of
               my
               authoritie
               ,
            
             
             
               the
               priviledges
               of
               the
               Church
               of
            
             France
             ,
             
               and
               also
               of
               the
               observation
               of
               my
               edict
               of
               peace
               .
               But
               it
               was
               only
               proposed
               unto
               me
               ,
               to
               cull
               out
               some
               certaine
               articles
               about
               Ecclesiasticall
               discipline
               ,
               for
               the
               reforming
               of
               such
               abuses
               as
               reigne
               in
               that
               State
               ;
               to
               the
               glory
               of
               God
               ,
               the
               edifying
               of
               my
               subjects
               ;
               and
               withall
               ,
               the
               discharge
               of
               my
               owne
               conscience
               :
               A
               thing
               which
               never
               toucheth
               upon
               those
               rules
               which
               I
               have
               set
               downe
               in
               my
               edicts
               ,
               for
               the
               peace
               and
               tranquillitie
               of
               my
               Kingdome
               ,
               which
               I
               will
               have
               inviolably
               kept
               on
               both
               sides
               .
            
          
           
             10
             November
             the
             nineteenth
             1585
             ,
             the
             same
             Bishop
             of
             Saint
             Brien
             ,
             delivered
             another
             oration
             in
             the
             name
             of
             the
             said
             Clergy
             ,
             and
             was
             their
             deputy
             ;
             whereby
             ,
             after
             he
             had
             commended
             the
             late
             King
             for
             his
             edict
             of
             Reunion
             ,
             and
             exhorted
             him
             to
             the
             execution
             of
             it
             ,
             and
             the
             reformation
             of
             Ecclesiasticks
             ;
             he
             addes●
             
               This
               is
               the
               reason
               ,
               Sir
               ,
               why
               we
               so
               earnestly
               desire
               the
               publication
               of
               the
               holy
               Councell
               of
               Trent
               :
               And
               above
               others
               my selfe
               have
               a
               more
               speciall
               command
               s●
               to
               doe
               .
               For
               that
               Councell
               hath
               not
               only
               cleered●
               resolved
               ,
               and
               determined
               those
               doctrines
               of
               the
               Church
               Catholick
               ,
               which
               were
               controverted
               by
               hereticks
               ;
               to
               the
               end
               that
               people
               might
               not
               waver
               ,
               and
               suffer
               themselves
               to
               bee
               carryed
               away
               with
               every
               wind
               of
               doctrine
               ,
               raised
               by
               the
               malice
               and
               cunning
               of
               men
               ,
               to
               circumvent
               and
               e●tice
               them
               into
               errour●
               but
               also
               it
               hath
               most
               wisely
               counselled
               and
               ordained
               every
               thing
               ,
               which
               may
               seeme
               necessary
               for
               the
               reformation
               of
               the
               Church
               ,
               considering
               the
               exigency
               of
               these
               times
               .
            
          
           
             11
             There
             was
             also
             another
             assault
             made
             upon
             him
             O●tober
             the
             fourteenth
             1585
             ,
             by
             the
             Lord
             Bishop
             ,
             and
             Earle
             of
             Noyon
             ,
             in
             the
             name
             of
             the
             Clergy
             assembled
             in
             the
             Abbey
             of
             
               Saint
               German
            
             ,
             neer
             Paris
             ;
             which
             is
             more
             pressing
             than
             the
             former
             ;
             
               Wee
               present
               unto
               you
               (
               saith
               he
               to
               the
               King
               )
               a
               Booke
               which
               was
               found
               at
               the
               removing
               of
               the
               Churches
               treasures
               ,
               writ
               by
               the
               prudent
               and
               grave
               advice
               of
               the
               many
               learned
               and
               famous
               men
               ,
               assembled
               in
               the
               Councell
               of
               Trent
               ;
               guyded
               by
               the
               holy
               Ghost
               :
               who
               with
               a
               great
               deale
               of
               travell
               ,
               paines
               ,
               and
               diligence
               ,
               have
               renewed
               the
               ancient
               ordinances
               of
               the
               Church
               ,
               which
               were
               most
               proper
               for
               our
               maladies
               ;
               and
               for
               those
               vices
               which
               at
               this
               present
               are
               most
               predominant
               in
               the
               State
               :
               and
               withall
               have
               provided
               for
               those
               ,
               which
               being
               of
               no
               great
               standing
               amongst
               us
               ,
               had
               not
               any
               particular
               remedies
               assigned
               them
               .
               The
               royall
               Priest
               hath
               put
               them
               into
               our
               hands
               ,
               that
               wee
               might
               present
               them
               to
               yours
               .
               First
               ,
               our
               Lord
               Iesus
               Christ●
               who
               having
               a
               speciall
               care
               of
               this
               Church
               ,
               hath
               by
               his
               holy
               Spirit
               provided
               a
               remedy
               for
               her
               ,
               who
               directed
               the
               Fathers
               in
               that
               Councell
               ;
               next
               unto
               him
               and
               under
               him
               ,
               our
               holy
               Father
               ,
               the
               chiefe
               ministeriall
               head
               of
               the
               Church
               ,
               having
               authorized
               and
               confirmed
               it
               ,
               and
               exhorted
               all
               Princes
               ,
               and
               republiques
               ,
               to
               receive
               and
               observe
               it
               ;
               and
               with
               him
               the
               whole
               Church
               ,
               not
               the
               Gallicane
               only
               ,
               but
               the
               Catholick
               ,
               doth
               summon
               ,
               entreat
               ,
               and
               pray
               you
               to
               receive
               it
               .
               That
               blessed
               Councell
               carries
               with
               it
               ,
               to
               him
               that
               will
               duely
               read
               and
               consider
               it
               ,
               the
               marke
               of
               the
               Author
               in
               the
               face
               of
               it
               ;
               and
               hee
               that
               will
               judge
               of
               it
               without
               passion
               and
               prejudice
               ,
               will
               say
               it
               is
               rather
               the
               worke
               of
               God
               than
               men
               .
               No
               good
               Christian
               can
               or
               ought
               ever
               to
               make
               any
               question
               ,
               but
               the
               holy
               Ghost
               did
               preside
               in
               that
               goodly
               company
               which
               was
               in
               that
               manner
               lawfully
               assembled
               at
               Trent
               ,
               with
               the
               intervening
               authority
               and
               command
               of
               the
               holy
               See
               ;
               the
               consent
               of
               all
               Christian
               Princes
               ,
               who
               sent
               their
               Ambassadours
               thither
               ,
               who
               stayed
               there
               till
               the
               very
               upshot
               ,
               without
               the
               least
               dissenting
               from
               the
               Canons
               ,
               and
               decrees
               there
               published
               ;
               there
               being
               such
               a
               number
               of
               Archbishops
               ,
               Bishops
               ,
               Abbats
               ,
               and
               learned
               men
               from
               all
               parts
               ;
               yea
               ,
               not
               a
               few
               Prelats
               of
               your
               owne
               Kingdome
               ,
               sent
               thither
               by
               th●
               late
               King
               your
               brother
               ;
               who
               having
               delivered
               ,
               consulted
               and
               spoken
               their
               opinion
               freely
               ,
               did
               consent
               and
               agree
               to
               what
               was
               there
               determined
               .
               And
               
               therefore
               we
               are
               bold
               to
               tell
               you
               that
               we
               bring
               unto
               you
               ,
               
               the
               Book
               of
               the
               Law
               of
               God
               ,
               which
               we
               humbly
               intreat
               you
               to
               receive
               ,
               with
               as
               much
               earnestnesse
               as
               wee
               can
               possible
               .
            
          
           
             12
             A
             little
             after
             he
             addes
             ;
             
               If
               there
               be
               some
               particulars
               in
               that
               Councell
               ,
               which
               some
               body
               ,
               (
               either
               by
               reason
               of
               their
               particular
               interest
               and
               commodity
               ,
               or
               because
               their
               bodies
               and
               humours
               are
               not
               sufficiently
               prepared
               ,
               and
               disposed
               for
               the
               taking
               of
               such
               strong
               physick
               ,
               )
               do
               complaine
               of
               and
               make
               some
               dorres
               about
               them
               ;
               there
               is
               a
               good
               remedy
               for
               that
               :
               and
               wee
               dare
               undertake
               and
               promise
               ,
               that
               recourse
               being
               had
               to
               his
               Holynesse
               ,
               and
               he
               required
               thereunto
               ,
               he
               will
               not
               refuse
               to
               provide
               for
               it
               .
               In
               like
               manner
               as
               the
               Chapiters
               and
               exempted
               corporations
               have
               by
               our
               meanes
               ,
               and
               wee
               with
               them
               already
               preferred
               a
               petition
               ,
               that
               their
               priviledges
               and
               exemptions
               may
               be
               preserved
               intire
               unto
               them
               ,
               and
               that
               this
               publication
               may
               in
               no
               sort
               prejudice
               them
               ;
               expecting
               herein
               a
               new
               decree
               from
               his
               Holynesse
               ;
               after
               he
               shall
               bee
               sufficiently
               instructed
               by
               those
               remonstrances
               ,
               which
               may
               bee
               made
               unto
               him
               concerning
               this
               point
               .
               As
               also
               wee
               meane
               not
               by
               this
               publication
               ,
               to
               prejudice
               the
               immunities
               and
               liberties
               of
               the
               Gallicane
               Church
               ,
               which
               we
               perswade
               and
               assure
               our selves
               ,
               his
               Holynesse
               ,
               when
               hee
               shall
               bee
               thereunto
               entreated
               ,
               will
               be
               content
               to
               maintaine
               and
               preserve
               .
               These
               overtures
               being
               already
               twice
               made
               upon
               the
               petition
               of
               the
               publication
               of
               this
               Councell
               ;
               to
               wit
               ,
               at
               the
               assembly
               of
               the
               States
               at
               Blois
               ,
               and
               of
               the
               Clergie
               at
               Melun
               ,
               we
               thinke
               it
               our
               duty
               not
               to
               give
               them
               over
               .
            
          
           
             13
             The
             provincicall
             Synod
             holden
             at
             Roan
             1581
             ,
             made
             this
             instance
             to
             the
             same
             Prince
             ;
             
               After
               that
               a
               good
               number
               of
               Bishops
               and
               proxyes
               ,
               for
               those
               that
               were
               absent
               ,
               together
               with
               Ecclesiasticall
               persons
               ,
               from
               all
               quarters
               of
               our
               Province
               of
            
             Normandy
             ,
             
               were
               met
               in
               our
               Metropolitan
               Church
               at
            
             Roan
             :
             
               they
               tendred
               nothing
               more
               ,
               than
               earnestly
               to
               sollicite
               the
               publishing
               and
               promulgation
               of
               the
               Councell
               of
            
             Trent
             
               within
               this
               Realme
               .
               Wherefore
               this
               our
               assembly
               by
               common
               consent
               ,
               have
               resolved
               to
               present
               their
               humble
               petition
               to
               our
            
             Most
             Christian
             
               King
               ,
               in
               like
               manner
               as
               was
               formerly
               done
               by
               the
               States
               of
            
             Blois
             ,
             
               and
               the
               Clergy
               convented
               at
            
             Melun
             ;
             
               that
               he
               would
               be
               pleased
               ,
               for
               proofe
               of
               his
               true
               piety
               and
               religion
               ,
               to
               enjoyne
               the
               publication
               of
               the
               said
               Councell
               ;
               whereby
               the
               maintenance
               of
               the
               Church
               is
               well
               provided
               for
               ,
               which
               is
               observed
               to
               be
               daily
               impared
               and
               abated
               .
            
             In
             the
             end
             of
             this
             Councell
             ,
             there
             were
             thirteen
             doubts
             proposed
             to
             the
             Pope
             ,
             with
             his
             finall
             resolution
             to
             them
             :
             the
             last
             whereof
             was
             a
             demand
             of
             the
             confirmation
             hereof
             ,
             which
             was
             condiscended
             unto
             .
          
           
             14
             The
             provinciall
             Councell
             of
             Aix
             in
             Provence
             1585
             ,
             petition
             the
             King
             at
             the
             beginning
             of
             the
             Acts
             ,
             
               That
               he
               out
               of
               his
               singular
               piety
               ,
               would
               command
               the
               Councell
               of
            
             Trent
             
               to
               be
               published
               ,
               which
               had
               so
               exactly
               provided
               against
               those
               dangers
               ,
               wherein
               the
               Christian
               Commonwealth
               was
               then
               implunged
               .
            
          
           
             15
             Wee
             must
             not
             thinke
             ,
             that
             these
             earnest
             sollicitations
             ,
             which
             our
             Ecclesiasticks
             here
             make
             ,
             did
             proceed
             from
             them
             ,
             but
             rather
             from
             the
             Pope
             .
             One
             argument
             hereof
             which
             may
             be
             alledged
             ,
             is
             this
             ,
             that
             they
             were
             not
             now
             interested
             herein
             ;
             for
             the
             most
             of
             the
             decrees
             which
             concerned
             them
             ,
             were
             admitted
             ;
             and
             there
             was
             no
             default
             in
             the
             observation
             of
             them
             ,
             unlesse
             it
             were
             on
             their
             part
             :
             and
             one
             company
             of
             them
             were
             inserted
             in
             the
             Edict
             of
             Blois
             ,
             the
             rest
             in
             divers
             other
             Provinciall
             Councels
             ,
             holden
             afterwards
             in
             France
             :
             the
             Canons
             whereof
             are
             to
             bee
             seen
             in
             print
             ;
             at
             Roan
             1581
             ,
             at
             Bourges
             1584
             ,
             at
             Tours
             1585
             ,
             and
             at
             Aix
             in
             Provence
             the
             same
             yeere
             :
             all
             which
             are
             put
             out
             in
             print
             at
             many
             other
             places
             .
             Another
             argument
             may
             be
             the
             slight
             account
             they
             made
             of
             observing
             the
             Councell
             in
             such
             things
             as
             depended
             meerly
             upon
             them
             ,
             and
             which
             were
             in
             their
             power
             to
             doe
             ;
             which
             plainly
             shewes
             ,
             that
             all
             they
             did
             ,
             was
             but
             to
             humour
             another
             .
             I
             speake
             not
             this
             of
             my
             owne
             head
             ,
             but
             from
             
             
               Claudius
               Espensaeus
            
             ,
             a
             Sorbon
             Doctor
             ,
             
             
               Doe
               wee
               dally
            
             (
             saith
             he
             )
             
               in
               a
               matter
               so
               serious
               ?
               or
               rather
               doe
               wee
               make
               a
               mocke
               of
               those
               which
               desire
               a
               reformation
               ,
               under
               colour
               of
               decrees
               ?
               What
               reformation
               can
               bee
               expected
               from
               us
               who
               doe
               not
               observe
               those
               things
               ,
               which
               we
               have
               so
               lately
               decreed
               ?
            
             
             Hee
             speakes
             this
             to
             those
             Prelates
             of
             France
             ,
             who
             were
             present
             in
             that
             Councell
             ;
             and
             after
             their
             returne
             made
             no
             reckoning
             of
             observing
             that
             discipline
             which
             depended
             mainly
             on
             them
             ,
             and
             was
             withall
             conformable
             to
             the
             ancient
             Canons
             .
             
               See
               here
            
             (
             said
             hee
             )
             
               that
               which
               they
               of
            
             Trent
             
               ordained
               ;
               but
               where
               is
               it
               observed
               ?
               as
               for
               our
               Bishops
               who
               were
               at
            
             Trent
             and
             Bonony
             ,
             
               there
               is
               not
               any
               of
               them
               that
               instructs
               the
               people
               in
               his
               owne
               person
               ;
               at
               least
               not
               any
               that
               I
               heare
               of
               .
            
          
           
             16
             And
             in
             his
             commentaries
             upon
             the
             Epistle
             to
             Titus
             ,
             speaking
             of
             the
             discipline
             of
             the
             Church
             ;
             
             
               But
               it
               is
               not
               long
            
             (
             saith
             he
             )
             
               since
               they
               have
               determined
               this
               point
               :
               the
               Pope
               and
               Councell
               of
            
             Trent
             ,
             
               have
               brought
               it
               lately
               to
               an
               upshot
               .
               But
               what
               ?
               were
               those
               pastors
               which
               came
               from
               thence
               ,
               and
               had
               a
               hand
               in
               the
               making
               of
               those
               Canons
               of
               reformation
               ,
               those
               injunctions
               of
               residence
               and
               preaching
               ,
               ere
               a
               whit
               more
               diligent
               in
               feeding
               their
               flocks
               ,
               or
               lesse
               silent
               in
               their
               pulpits
               after
               the
               Councell
               was
               confirmed
               by
               the
               Pope
               ?
               their
               non-residence
               was
               as
               great
               as
               formerly
               ,
               and
               they
               almost
               as
               dumbe
               as
               ever
               .
               They
               had
               rather
               tire
               then
               give
               over
               ,
               and
               be
               cast
               out
               of
               their
               livings
               by
               those
               who
               style
               themselves
               reformers
               forsooth
               (
               when
               indeed
               they
               are
               nothing
               lesse
               )
               than
               indure
               to
               be
               reformed
               by
               Kings
               and
               Princes
               ,
               and
               by
               them
               be
               constrained
               to
               doe
               their
               duty
               .
            
             It
             is
             no
             marvaile
             i●
             they
             do
             somewhat
             for
             him
             to
             whom
             they
             are
             bound
             by
             such
             a
             strict
             oath
             ,
             and
             who
             flatters
             and
             wooes
             them
             extremely
             to
             do
             the
             deed
             .
             But
             when
             the
             Churchmen
             ,
             of
             our
             age
             especially
             ,
             doe
             any
             famous
             exploit
             against
             the
             Pope
             ;
             this
             is
             newes
             indeed
             ,
             both
             in
             regard
             of
             that
             command
             which
             hee
             hath
             got
             over
             them
             ;
             and
             of
             the
             feare
             they
             ought
             to
             have
             ,
             least
             they
             should
             be
             sentenced
             for
             heretiques
             in
             these
             controversies
             of
             religion
             .
             And
             this
             is
             the
             cause
             that
             the
             Popes
             have
             alwayes
             had
             recourse
             to
             them
             when
             they
             intended
             to
             doe
             some
             ill
             offices
             to
             our
             King
             and
             Kingdome
             .
             Boniface
             the
             eighth
             ,
             by
             a
             gloseing
             letter
             of
             his
             writ
             unto
             them
             ,
             endevors
             to
             make
             them
             approve
             his
             injust
             proceedings
             against
             Philip
             the
             Faire
             :
             where
             hee
             saith
             ,
             amongst
             other
             things
             ,
             
             
               Those
               who
               hold
               that
               temporall
               matters
               are
               not
               subject
               to
               spirituall
               ,
               doe
               not
               they
               goe
               about
               to
               make
               two
               Princes
               ?
            
             Hee
             complaines
             also
             of
             the
             Parliament
             holden
             at
             
               Paris
               ,
               where
               it
               was
               enacted
               ,
            
             saith
             he
             ,
             
               by
               underhand
               and
               begged
               voices
               ,
               that
               none
               should
               appear
               before
               him
               upon
               the
               summons
               of
               the
               See
               Apostolick
               .
            
             He
             complaines
             also
             of
             the
             report
             which
             was
             made
             to
             that
             assembly
             by
             M.
             
               Peter
               Flotte
            
             ,
             whom
             hee
             calls
             Belial
             ,
             half
             blind
             in
             body
             ,
             and
             quite
             in
             understanding
             :
             This
             was
             the
             man
             who
             being
             sent
             in
             ambassage
             unto
             him
             by
             King
             Philip
             ,
             to
             that
             saying
             of
             his
             ,
             
               We
               have
               both
               the
               one
               power
               and
               the
               other
               ,
            
             made
             this
             reply
             in
             behalfe
             of
             his
             Master●
             
               Yours
               is
               verball
               ,
               but
               ours
               is
               reall
               ,
            
             
             as
             it
             is
             related
             by
             an
             English
             historian
             .
          
           
             17
             Innocent
             the
             third
             did
             the
             like
             in
             his
             scuffle
             with
             
               Philippus
               Augustus
            
             :
             his
             Epistle
             to
             the
             Bishops
             of
             France
             was
             put
             among
             the
             Decretals
             ,
             wherein
             he
             omits
             no
             art
             to
             nuzle
             them
             up
             ,
             and
             perswade
             them
             that
             his
             proceedings
             against
             the
             King
             ,
             and
             putting
             their
             Kingdome
             under
             an
             interdict
             was
             just
             ,
             (
             as
             the
             learned
             Cujacius
             hath
             very
             well
             observed
             )
             and
             indeed
             his
             projects
             throve
             so
             well
             that
             he
             wonne
             their
             consent
             at
             last
             .
             Hearke
             how
             a
             French
             Historian
             of
             ours
             speakes
             of
             it
             .
             
             
               The
               whole
               countrey
               of
               the
               King
               of
            
             France
             
               was
               interdicted
               ;
               at
               which
               the
               King
               being
               highly
               offended
               after
               he
               had
               notice
               of
               it
               ,
               he
               stripped
               all
               his
               Bishops
               out
               of
               their
               Bishoprickes
               ,
               because
               they
               had
               consented
               to
               that
               interdict
               ;
               and
               commanded
               that
               their
               Canons
               and
               Clerkes
               should
               be
               put
               out
               of
               their
               livings
               ,
               expelled
               out
               of
               his
               dominions
               ,
               and
               their
               goods
               confiscated
               :
               he
               discharged
               also
               the
               Parish
               Priests
               ,
               and
               seized
               upon
               their
               goods
               .
            
             The
             French
             Bishops
             at
             first
             did
             stif●ly
             oppose
             Gregory
             the
             fourth
             ,
             who
             siding
             with
             the
             children
             against
             the
             father
             ,
             was
             minded
             to
             come
             into
             France
             to
             excommunicate
             Lewes
             the
             Gentle
             ,
             and
             
             they
             had
             put
             on
             this
             resolution
             ,
             a
             
               To
               send
               him
               home
               againe
               excommunicated
               ,
               if
               he
               came
               there
               to
               excommunicate
               .
            
             
             But
             when
             all
             came
             to
             all
             ,
             he
             had
             such
             a
             stroke
             over
             them
             ,
             that
             he
             made
             them
             not
             onely
             b
             abandon
             ,
             but
             depose
             him
             .
             
               He
               was
               vexed
               by
               all
               his
               Bishops
               ,
            
             (
             saith
             an
             ancient
             Historian
             )
             
               and
               more
               particularly
               by
               them
               who
               were
               raised
               to
               those
               dignities
               from
               a
               low
               degree
               ,
               and
               such
               as
               comming
               out
               of
               barbarous
               Countries
               were
               preferred
               to
               that
               height
               of
               honour
               .
            
             And
             he
             afterwards
             addes
             ,
             
               They
               said
               and
               did
               such
               things
               as
               the
               like
               were
               never
               heard
               of
               ;
               using
               reproachfull
               speeches
               towards
               him
               ,
               they
               tooke
               his
               sword
               from
               his
               side
               upon
               the
               judgement
               of
               his
               servants
               ,
               and
               wrapt
               it
               in
               a
               sackcloth
               .
            
             It
             is
             true
             indeed
             that
             not
             long
             after
             repenting
             themselves
             of
             their
             proceedings
             ,
             they
             restored
             him
             to
             his
             former
             dignity
             of
             which
             they
             had
             despoiled
             him
             .
             And
             the
             Archbishop
             of
             
               Rhemes
               ,
               Ebon
            
             by
             name
             ,
             who
             had
             beene
             the
             maine
             man
             amongst
             them
             ,
             declared
             himselfe
             in
             writing
             ,
             
             
               That
               whatsoever
               had
               beene
               attempted
               against
               the
               honour
               of
               the
               Emperour
               ,
               was
               against
               all
               right
               and
               reason
               .
            
             And
             yet
             wee
             must
             not
             accuse
             all
             the
             Bishops
             of
             France
             for
             this
             :
             for
             many
             of
             them
             were
             offended
             with
             it
             ;
             
               and
               particularly
               those
               of
               the
               province
               of
            
             Belgia
             deposed
             Ebon
             
               their
               Archbishop
               upon
               this
               occasion
               ,
               condemning
               his
               proceeding
               herein
               .
            
             But
             let
             us
             now
             ret●rne
             to
             our
             intended
             subject
             .
          
           
             18
             One
             of
             the
             Kings
             Lieutenants
             generall
             for
             administration
             of
             justice
             in
             an
             assembly
             of
             the
             States
             particular
             under
             the
             late
             King
             1588.
             
             
               For
               the
               reestablishing
            
             (
             saith
             he
             )
             
               and
               better
               settling
               of
               Christian
               religion
               within
               this
               Kingdome
               ,
            
             
             
               our
               suit
               unto
               the
               King
               is
               ,
               that
               like
               a
               most
               Christian
               and
               eldest
               sonne
               of
               the
               Catholique
               Church
               ,
               he
               would
               receive
               the
               Councell
               of
            
             Trent
             ,
             
               and
               cause
               it
               to
               bee
               inviolably
               observed
               by
               all
               his
               subjects
               .
               If
               any
               here
               will
               interpose
               ,
               and
               tell
               me
               that
               there
               are
               some
               articles
               in
               it
               which
               are
               repugnant
               to
               the
               liberty
               of
               the
               Gallicane
               Church
               ;
               and
               some
               others
               which
               seeme
               too
               harsh
               and
               against
               the
               forme
               of
               justice
               now
               used
               in
            
             France
             ;
             
               I
               answer
               ,
               that
               the
               Lords
               spirituall
               may
               more
               wisely
               advise
               of
               this
               in
               the
               assembly
               generall
               of
               the
               States
               ;
               and
               if
               need
               so
               be
               ,
               communicate
               it
               with
               the
               other
               Orders
               ,
               to
               make
               a
               Remonstrance
               thereof
               to
               our
               holy
               Father
               the
               Pope
               .
               By
               this
               meanes
               all
               those
               Edicts
               ,
               which
               ,
               to
               the
               great
               regret
               of
               the
               King
               ,
               the
               Princes
               ,
               and
               Catholique
               subjects
               ,
               by
               reason
               of
               the
               necessity
               of
               the
               times
               did
               tolerate
               this
               medley
               of
               religions
               ,
               shall
               be
               repealed
               and
               abolished
               .
            
          
           
             19
             Amongst
             those
             great
             disorders
             of
             this
             Kings
             reigne
             ,
             this
             very
             Councell
             was
             called
             in
             question
             in
             the
             Assembly
             at
             Paris
             ,
             which
             was
             holden
             in
             the
             name
             of
             the
             States
             in
             behalfe
             of
             the
             league
             :
             where
             it
             is
             remarkable
             that
             those
             who
             had
             shaken
             off
             the
             Royall
             yoke
             ,
             and
             undermined
             all
             the
             fundamentall
             lawes
             of
             this
             Kingdome
             ,
             how
             distempered
             soever
             they
             were
             ,
             yet
             they
             had
             their
             judgements
             so
             sound
             ,
             as
             to
             discerne
             a
             good
             many
             decrees
             in
             that
             Councell
             ,
             which
             were
             prejudicial
             to
             the
             liberties
             of
             this
             Kingdome
             .
             
             As
             appeares
             by
             the
             extract
             which
             was
             published
             hereupon
             .
             We
             may
             observe
             by
             the
             way
             ,
             that
             those
             who
             raised
             the
             most
             false
             and
             abominable
             calumnies
             against
             the
             late
             King
             that
             ever
             were
             heard
             of
             ,
             in
             all
             their
             defamatory
             libels
             never
             objected
             this
             unto
             him
             ,
             that
             he
             refused
             to
             receive
             the
             Councell
             of
             Trent
             .
             I
             will
             use
             no
             other
             proofe
             than
             of
             that
             damnable
             script
             hammered
             out
             in
             hell
             ,
             
             
               Of
               the
               just
               deposall
               of
            
             Henry
             
               the
               third
               from
               the
               Kingdome
               of
            
             France
             ;
             which
             sets
             downe
             the
             causes
             of
             his
             excommunication
             ,
             
               making
               him
               a
               murtherer
               ,
               a
               heretique
               ,
               a
               favourer
               of
               heretiques
               ,
               simoniacall
               ,
               a
               sacrilegious
               approver
               of
               duels
               ,
               a
               profaner
               of
               religious
               persons
               ,
               a
               confederate
               with
               heretiques
               ,
               a
               spender
               of
               the
               substance
               of
               the
               Church
               without
               any
               leave
               from
               the
               Pope
               ,
               a
               fal●ifier
               of
               the
               letters
               Apostolique
               ,
               a
               superstitious
               fellow
               ,
               a
               deteiner
               of
               Churchmen
               .
            
             But
             not
             one
             word
             of
             the
             Councell
             of
             Trent●
             although
             he
             had
             in
             that
             point
             beene
             disobedient
             to
             the
             Popes
             will
             ,
             and
             made
             small
             account
             of
             his
             earnest
             and
             often
             request
             ;
             for
             it
             is
             certaine
             that
             all
             the
             speeches
             which
             come
             to
             our
             hearing
             ,
             were
             delivered
             in
             his
             behalfe
             ,
             and
             upon
             his
             motion
             .
          
           
           
             20
             Nay
             more
             ,
             
             hee
             did
             not
             receive
             so
             much
             as
             those
             very
             Decrees
             of
             the
             Councell
             which
             were
             no
             way
             repugnant
             to
             our
             liberties
             ,
             and
             the
             observation
             whereof
             was
             necessary
             for
             the
             Ecclesiasticall
             policy
             :
             but
             suppressing
             the
             name
             of
             the
             Councell
             ,
             they
             decreed
             the
             very
             same
             things
             in
             the
             Parliament
             at
             Blois
             1579.
             (
             a
             plaine
             proofe
             ,
             that
             it
             was
             rejected
             by
             the
             common
             consent
             of
             all
             France
             .
             )
             Which
             is
             evidently
             verified
             by
             comparing
             the
             Decrees
             of
             that
             Councell
             with
             the
             Articles
             of
             this
             Assembly
             ;
             as
             in
             those
             places
             where
             they
             speake
             of
             the
             a
             residence
             of
             Bishops
             ,
             the
             b
             maintenance
             of
             Curats
             ,
             erection
             of
             c
             Schooles
             and
             Schoolemasters
             ,
             the
             bringing
             of
             d
             exempted
             Monasteries
             under
             the
             visitation
             of
             certaine
             congregations
             ,
             the
             e
             age
             required
             in
             religious
             men
             and
             women
             before
             they
             professe
             ,
             the
             f
             age
             of
             such
             as
             enter
             into
             holy
             Orders
             ,
             the
             g
             visitation
             of
             Monasteries
             by
             Bishops
             ,
             the
             h
             reinforcing
             of
             the
             cloysture
             of
             religious
             houses
             ,
             i
             Prebends
             for
             Divines
             ,
             asking
             the
             k
             banes
             of
             Matrimony
             before
             Marriage
             ,
             and
             such
             like
             .
             Yea
             more
             ,
             in
             many
             of
             these
             points
             they
             derogate
             from
             the
             Decrees
             of
             the
             Councell
             ,
             and
             prescribe
             quite
             different
             from
             that
             which
             is
             there
             set
             downe
             .
             The
             like
             was
             done
             before
             by
             an
             ordinance
             at
             Orleans
             set
             forth
             in
             the
             time
             of
             the
             Councell
             1561.
             
             Whereby
             our
             Kings
             have
             showne
             the
             power
             they
             have
             in
             matters
             of
             Ecclesiasticall
             discipline
             ,
             and
             the
             sleight
             regard
             they
             had
             to
             that
             silly
             Conventicle
             .
          
           
             21
             We
             will
             conclude
             then
             ,
             that
             seeing
             two
             of
             our
             Kings
             ,
             very
             zealous
             in
             their
             religion
             ,
             assisted
             by
             a
             Councell
             no
             way
             lyable
             to
             suspicion
             ,
             would
             yet
             never
             give
             way
             to
             this
             publication
             so
             often
             entreated
             ,
             desired
             ,
             and
             urged
             from
             them
             ,
             it
             must
             needs
             follow
             that
             this
             Councell
             comprehends
             something
             prejudiciall
             to
             this
             State
             :
             considering
             withall
             ,
             that
             all
             the
             mitigations
             which
             are
             sought
             after
             now
             adayes
             were
             then
             proposed
             ,
             as
             namely
             that
             it
             might
             bee
             received
             without
             any
             prejudice
             to
             the
             liberties
             of
             the
             Gallicane
             Church
             ,
             and
             without
             ever
             drawing
             the
             sword
             against
             those
             of
             the
             Religion
             ,
             which
             are
             the
             two
             maine
             plaisters
             which
             seeme
             to
             salve
             up
             all
             the
             badnesse
             that
             is
             presumed
             to
             ly
             lurking
             in
             it
             .
             It
             remaines
             now
             that
             we
             shew
             the
             true
             reasons
             of
             this
             refusall
             ;
             which
             we
             shall
             doe
             by
             laying
             downe
             the
             nullities
             which
             are
             both
             in
             the
             forme
             and
             matter
             of
             it
             .
          
        
         
           
           
             CHAP.
             III.
             That
             the
             Pope
             ,
             being
             a
             party
             ,
             could
             not
             call
             the
             Councell
             ,
             nor
             preside
             in
             it
             :
             and
             that
             there
             was
             an
             appeal
             from
             him
             .
          
           
             
             1
             ANullity
             in
             the
             forme
             of
             this
             Councel
             is
             argued
             first
             from
             this
             ,
             that
             it
             was
             called
             by
             the
             Pope
             ,
             and
             that
             he
             did
             preside
             in
             it
             ,
             yea
             and
             did
             deferre
             and
             transferre
             it
             at
             his
             pleasure
             .
             The
             plea
             hereupon
             is
             this
             ,
             That
             the
             Pope
             was
             a
             formal
             party
             ,
             that
             it
             was
             he
             was
             urged
             to
             a
             reformation
             ;
             and
             therefore
             it
             is
             said
             ,
             that
             he
             could
             not
             be
             judge
             in
             his
             owne
             cause
             :
             and
             that
             he
             should
             have
             left
             both
             the
             one
             and
             the
             other
             to
             the
             Emperour
             ;
             according
             to
             the
             opinion
             of
             a
             great
             a
             Doctour
             of
             the
             Canon
             law
             ;
             who
             after
             hee
             hath
             concluded
             that
             the
             calling
             of
             a
             Councell
             belongs
             to
             the
             Pope
             ,
             addes
             notwithstanding
             ,
             that
             in
             default
             of
             the
             Pope
             ,
             that
             right
             belongs
             to
             the
             Emperour
             ;
             now
             there
             can
             be
             no
             fairer
             opportunity
             than
             when
             the
             Pope
             is
             taken
             for
             a
             party
             .
             Another
             b
             Doctour
             saith
             ,
             that
             the
             defect
             of
             that
             power
             in
             the
             Church
             is
             supplyed
             by
             the
             Emperour
             .
             And
             c
             another
             yet
             ,
             that
             when
             the
             controversie
             is
             touching
             the
             Pope
             and
             his
             cause
             ,
             then
             his
             authority
             is
             not
             requisite
             for
             the
             calling
             of
             a
             Councell
             .
             It
             is
             a
             rule
             of
             law
             received
             amongst
             the
             Canonists
             themselves
             ,
             that
             when
             the
             will
             and
             consent
             of
             any
             man
             is
             required
             to
             some
             act
             ,
             such
             requirall
             hath
             no
             place
             then
             ,
             when
             a
             point
             is
             pleaded
             against
             himselfe
             .
          
           
             2
             
               Ludovicus
               Barvarus
            
             ,
             and
             all
             the
             States
             of
             Germany
             with
             him
             ,
             doe
             plead
             this
             nullity
             against
             the
             sentence
             and
             proceeding
             of
             Iohn
             the
             22.
             and
             of
             his
             Councell
             .
             d
             
               The
               third
               reason
            
             (
             saith
             he
             )
             
               is
               ,
               because
               no
               man
               ought
               to
               bee
               judge
               in
               his
               owne
               cause
               ,
               and
               doe
               justice
               to
               himselfe
               ;
               but
               it
               is
               a
               plaine
               case
               that
               this
               said
            
             Iohn
             
               pretended
               to
               have
               a
               plenitude
               of
               power
               over
               us
               and
               our
               Empire
               ,
               even
               in
               temporall
               matters
               ;
               and
               did
               actually
               conspire
               against
               us
               and
               the
               lawes
               of
               the
               Empire
               ,
               which
               he
               attempted
               to
               usurpe
               ,
               and
               caused
               us
               to
               be
               pursued
               like
               an
               enemy
               .
            
          
           
             3
             The
             glosse
             upon
             the
             Canon
             law
             ,
             saith
             in
             expresse
             termes
             ,
             that
             the
             Pope
             cannot
             bee
             both
             judge
             and
             party
             in
             any
             case
             whatsoever
             .
             e
             
               Hence
               wee
               collect
            
             (
             saith
             it
             )
             
               that
               if
               the
               Pope
               be
               at
               variance
               with
               any
               body
               ,
               he
               ought
               not
               to
               be
               judge
               himselfe
               ,
               but
               to
               chuse
               arbitrators
               .
            
             *
             Some
             of
             the
             Canonists
             have
             written
             also
             ,
             that
             when
             the
             Pope
             is
             accused
             of
             false
             doctrine
             ,
             hee
             hath
             no
             more
             power
             to
             call
             Councels
             .
             All
             these
             reasons
             hold
             good
             ,
             supposing
             the
             Pope
             to
             have
             by
             right
             the
             power
             of
             calling
             generall
             Councels
             ;
             which
             yet
             is
             denyed
             ,
             as
             we
             shall
             prove
             more
             at
             large
             in
             another
             place
             .
             Besides
             ,
             there
             were
             some
             appeals
             put
             up
             from
             the
             Pope
             to
             the
             Councell
             ,
             as
             is
             related
             by
             Sleidan
             in
             the
             first
             of
             his
             Commentaries
             .
             Luther
             (
             saith
             he
             )
             
               being
               advertised
               by
            
             Cajetans
             
               lo●ters
               ,
               that
               they
               would
               proceed
               against
               him
               at
            
             Rome
             ,
             
               he
               thereupon
               drew
               a
               ne●
               appeale
               November
               the
            
             28.
             
               and
               a
               little
               after
               ,
               being
               pressed
               and
               pinched
               with
               extreame
               necessity
               ,
               hee
               was
               glad
               to
               appeal
               from
               the
               Pope
               ,
               to
               a
               future
               Councell
               .
            
             And
             also
             by
             the
             Archbishop
             of
             Cullen
             ,
             being
             excommunicate
             by
             Paul
             the
             third
             ,
             1546
             ,
             because
             he
             went
             about
             to
             reforme
             his
             Church
             ,
             contrary
             to
             the
             Bull
             set
             forth
             by
             Leo
             the
             tenth
             against
             Luther
             and
             his
             adherents
             ,
             appealed
             thereupon
             to
             the
             future
             Councell
             .
             
          
           
             4
             
               Wee
               have
               discoursed
               in
               the
               last
               book
            
             (
             saith
             Sleidan
             )
             
               how
               the
               sentence
               of
               excommunication
               was
               denounced
               by
               the
               Pope
               against
               the
               Archbishop
               of
            
             Cullen
             ,
             
               upon
               the
               sixteenth
               of
               April
               ,
               who
               having
               c●rtaine
               notice
               of
               it
               the
               fourth
               of
               November
               ,
               
               he
               put
               forth
               a
               book
               presently
               after
               ,
            
             
             
               wherein
               he
               gives
               his
               reasons
               why
               hee
               refused
               the
               Pope
               for
               his
               judge
               ,
               because
               hee
               had
               stood
               a
               long
               time
               accused
               of
               heresie
               and
               idolatry
               :
               Wherefore
               hee
               appealed
               from
               his
               sentence
               to
               a
               lawfull
               Councell
               of
            
             Germany
             ,
             
               wherein
               he
               protested
               so
               soone
               as
               it
               was
               opened
               ,
               he
               would
               implead
               the
               Pope
               as
               a
               party
               ,
               and
               prosecute
               against
               him
               .
            
             The
             Protestants
             ,
             as
             is
             well
             known
             ,
             did
             the
             like
             diverse
             times
             .
             There
             was
             also
             another
             appeal
             to
             a
             future
             Councell
             put
             in
             by
             the
             Vniversity
             of
             Paris
             ,
             May
             the
             27.
             1517
             ,
             about
             the
             repealing
             of
             the
             Decrees
             of
             the
             Councell
             of
             Basil
             ,
             and
             of
             the
             
               pragmatique
               sanction
            
             ,
             by
             Leo
             the
             tenth
             .
             In
             the
             act
             of
             which
             appeal
             ,
             these
             words
             are
             inserted
             ;
             
             
               Wee
               the
               Rectour
               and
               the
               Vniversity
               ,
               finding
               our selves
               grieved
               ,
               wronged
               ,
               and
               oppressed
               ,
               as
               well
               for
               our selves
               ,
               as
               for
               all
               others
               subject
               to
               our
               Vniversity
               ,
               and
               all
               such
               as
               will
               take
               part
               with
               it
               ,
               doe
               appeal
               from
               our
               holy
               father
               the
               Pope
               ill-advised●
               to
               a
               future
               Councell
               lawfully
               assembled
               ,
               in
               a
               safe
               place
               ,
               whither
               we
               may
               freely
               and
               boldly
               goe
               ,
               about
               the
               abrogation
               of
               the
               Councell
               of
            
             Basil
             ,
             
               and
               the
               pragmatick
               sanction
               lately
               set
               forth
               by
               these
               new
               decrees
               .
            
             Notwithstanding
             which
             appeal
             the
             Pope
             was
             set
             over
             the
             Councell
             by
             the
             Fathers
             assembled
             at
             Trent
             .
             Now
             it
             is
             a
             thing
             never
             seene
             nor
             heard
             of
             ,
             that
             hee
             from
             whom
             the
             appeal
             is
             made
             ,
             should
             be
             judge
             in
             the
             very
             case
             of
             appeal
             :
             for
             our
             Doctours
             finde
             ,
             that
             the
             judge
             from
             whence
             an
             appeal
             is
             made
             ,
             may
             be
             refused
             in
             all
             other
             causes
             ,
             which
             concerne
             the
             appellant
             ,
             so
             long
             till
             the
             appeal
             be
             void
             .
          
        
         
           
             CHAP.
             IV.
             That
             the
             reformation
             of
             the
             Pope
             was
             the
             thing
             in
             question
             .
          
           
             IT
             is
             further
             alledged
             ,
             that
             Pope
             Adrian
             the
             sixth
             ,
             did
             freely
             confesse
             by
             the
             mouth
             of
             
               Francis
               Chregat
            
             ;
             Lord
             Bishop
             of
             Abruzzo
             his
             Legat
             ,
             at
             the
             Dyet
             of
             Noremberg
             1522
             ,
             that
             the
             See
             of
             Rome
             was
             corrupt
             and
             depraved
             ,
             and
             that
             the
             corruption
             of
             the
             Church
             was
             derived
             from
             the
             Popes
             ;
             wherefore
             he
             did
             promise
             ,
             they
             should
             have
             a
             free
             and
             generall
             Councell
             .
             Now
             this
             acknowledgement
             doth
             disable
             him
             for
             being
             head
             of
             the
             Church
             .
             This
             is
             further
             verified
             by
             his
             owne
             instructions
             given
             to
             his
             Legat
             ;
             where
             in
             the
             tenth
             article
             he
             saith
             thus
             :
          
           
             2
             
               Wee
               know
               that
               within
               some
               yeeres
               agoe
               ,
               
               some
               abhominable
               things
               have
               crept
               into
               this
               holy
               See
               ,
               some
               abuses
               in
               matters
               spirituall
               ,
               some
               transgressions
               of
               Commissions
               ,
               and
               all
               out
               of
               order
               ;
               and
               it
               is
               no
               marvaile
               if
               the
               infection
               descended
               from
               the
               head
               to
               the
               members
               ,
               from
               the
               Pope
               to
               the
               under-Prelates
               .
               Wee
               have
               all
               degenerated
               ,
               (
               I
               meane
               we
               Ecclesiasticall
               Prelates
               )
               we
               have
               gone
               astray
               out
               of
               the
               way
               ;
               there
               is
               not
               one
               that
               hath
               done
               good
               this
               long
               time
               ,
               no
               not
               one
               .
               Wherefore
               ,
               for
               as
               much
               as
               concernes
               us
               ,
               you
               may
               assure
               your selves
               ,
               that
               we
               will
               take
               paines
               in
               the
               first
               place
               ,
               to
               reforme
               that
               Court
               from
               whence
               happily
               all
               this
               evill
               hath
               come
               :
               to
               the
               end
               that
               as
               the
               corruption
               proceeded
               from
               thence
               to
               the
               inferiour
               orders
               ,
               so
               soundnesse
               and
               reformation
               may
               come
               thence
               also
               .
               Which
               to
               doe
               ,
               we
               perceive
               our selves
               so
               deeply
               obliged
               ,
               that
               wee
               see
               the
               whole
               world
               call
               for
               a
               reformation
               .
               Howbeit
               no
               man
               must
               admire
               if
               hee
               do
               not
               see
               an
               absolute
               reformation
               of
               all
               errours
               and
               abuses
               in
               an
               instant
               ;
               the
               malady
               is
               too
               far
               spread
               ,
               and
               too
               deep
               rooted
               .
               Wee
               must
               goe
               step
               by
               step
               to
               the
               cure
               of
               it
               ,
               and
               hye
               ●o
               
               such
               things
               as
               are
               of
               most
               importance
               and
               greatest
               danger
               ,
               
               for
               fear
               of
               putting
               all
               out
               of
               joynt
               ,
               by
               attempting
               to
               reforme
               all
               at
               once
               .
               All
               suddaine
               changes
               are
               dangerous
               in
               a
               Common-wealth
               ,
               saith
               Aristotle
               ;
               and
               hee
               that
               wrings
               the
               nose
               hard
               ,
               brings
               forth
               bloud
               .
            
             Marke
             here
             the
             words
             of
             that
             honest
             Adrian
             .
             So
             that
             it
             hath
             been
             conceived
             the
             common
             voyce
             of
             Christendome
             for
             these
             two
             hundred
             yeeres
             almost
             ,
             that
             it
             was
             fitting
             there
             should
             bee
             a
             reformation
             
               in
               capite
               &
               in
               membris
            
             ,
             both
             in
             the
             head
             and
             the
             members
             :
             but
             the
             Popes
             wrought
             so
             well
             by
             their
             schismes
             ,
             shifts
             ,
             and
             tricks
             ;
             that
             the
             endevors
             of
             those
             that
             ingaged
             themselves
             herein
             ,
             were
             to
             no
             purpose
             ;
             and
             the
             Synods
             called
             about
             this
             were
             all
             to
             no
             effect
             ,
             and
             fruitlesse
             .
             The
             Councell
             of
             Constance
             after
             the
             deposall
             of
             Pope
             Iohn
             the
             twenty
             third
             ,
             had
             made
             this
             good
             decree
             .
          
           
             
             3
             
               That
               the
               new
               Pope
               who
               should
               be
               next
               chosen
               ,
               together
               with
               the
               Councell
               before
               he
               departed
               from
               thence
               ,
               should
               reforme
               the
               head
               of
               the
               Church
               and
               the
               Court
               of
            
             Rome
             ,
             
               about
               such
               articles
               as
               had
               beene
               put
               up
               by
               the
               people
               and
               nations
               .
            
             But
             Pope
             Martin
             the
             fifth
             ,
             as
             soone
             as
             he
             was
             created
             ,
             did
             quickly
             shift
             himselfe
             from
             those
             who
             cryed
             so
             for
             a
             reformation
             ,
             and
             amongst
             others
             from
             the
             Emperour
             Sigismond
             ,
             who
             was
             more
             hot
             upon
             it
             than
             any
             else
             .
             Platina
             gives
             the
             reason
             of
             that
             delaying
             ;
             
             
               A
               matter
               of
               that
               weight
               being
               finished
               as
               well
               as
               heart
               could
               wish
               ,
               by
               the
               travaile
               and
               endevour
               of
               all
               the
               Princes
               ,
               both
               Ecclesiasticall
               and
               Civill
               ,
               but
               especially
               of
               the
               Emperour
               Sigismond
               :
               they
               begun
               to
               talke
               of
               the
               reformation
               of
               the
               manners
               ,
               both
               of
               the
               Laity
               and
               Clergy
               ,
               which
               were
               much
               debauched
               by
               overmuch
               licentiousnesse
               .
               But
               because
               the
               Councell
               of
               Constance
               had
               continued
               foure
               yeeres
               already
               ,
               to
               the
               great
               incommodity
               both
               of
               the
               Churchmen
               and
               their
               Churches
               ;
               it
               seemed
               good
               to
               Martin
               ,
               with
               the
               consent
               of
               the
               Councell
               ,
               to
               defer
               a
               matter
               of
               such
               importance
               to
               a
               more
               convenient
               time
               .
               For
               hee
               said
               ,
               the
               thing
               required
               maturity
               and
               deliberation
               ,
               seeing
               that
               ,
               in
               Hieroms
               opinion
               ,
               every
               country
               hath
               their
               severall
               customes
               and
               conditions
               ,
               which
               cannot
               bee
               removed
               on
               a
               sudden
               ,
               without
               disorder
               .
            
             They
             have
             had
             leasure
             enough
             to
             thinke
             of
             it
             since
             ,
             for
             wee
             are
             yet
             consulting
             about
             it
             ,
             and
             nothing
             at
             all
             hath
             beene
             done
             besides
             .
          
           
             4
             The
             acts
             of
             that
             very
             Councell
             ,
             and
             of
             that
             at
             Basil
             ,
             and
             others
             since
             ,
             give
             us
             sufficient
             proofe
             hereof
             ;
             who
             being
             not
             able
             to
             compasse
             this
             reformation
             ,
             put
             it
             off
             from
             hand
             to
             hand
             ,
             and
             commended
             it
             in
             succession
             one
             to
             another
             ;
             ordaining
             that
             the
             keeping
             of
             Councels
             should
             be
             every
             ten
             yeeres
             ,
             but
             so
             as
             the
             first
             should
             be
             within
             five
             yeers
             ,
             and
             the
             next
             within
             seven
             :
             and
             this
             principally
             to
             provide
             for
             the
             reformation
             of
             the
             head
             and
             the
             members
             .
             The
             second
             Pisan
             holden
             1512
             ,
             which
             was
             assembled
             for
             the
             same
             ends
             ,
             was
             so
             belaboured
             by
             Iulius
             the
             second
             ,
             and
             Leo
             the
             tenth
             ,
             that
             it
             was
             constrained
             to
             yeeld
             to
             their
             mercy
             ,
             and
             give
             place
             to
             the
             Lateran
             ,
             which
             was
             called
             for
             no
             other
             end
             ,
             but
             to
             countermine
             and
             disanull
             that
             other
             ,
             as
             is
             confessed
             by
             the
             *
             historian
             of
             the
             Popes
             .
             These
             good
             Fathers
             ,
             however
             they
             were
             for
             the
             most
             part
             French-men
             ,
             have
             left
             us
             in
             their
             acts
             ,
             a
             testimony
             worth
             our
             observance
             ,
             and
             that
             is
             that
             ,
             b
             
               For
               many
               yeers
               there
               had
               not
               been
               any
               general
               Councels
               :
               and
               if
               any
               were
               called
               ,
               as
               the
               first
               at
            
             Pisa
             ,
             
               and
               that
               at
            
             Constance
             ,
             Sene
             ,
             Basil
             ,
             and
             Florence
             ;
             
               yet
               the
               Church
               could
               not
               be
               reformed
               to
               the
               purpose
               ,
               by
               reason
               of
               those
               impediments
               and
               cavils
               which
               were
               procured
               thereupon
               ;
               which
               befell
               themselves
               also
               .
            
             For
             Iulius
             the
             second
             ,
             and
             Leo
             the
             tenth
             ,
             had
             the
             wit
             to
             winne
             first
             Maximilian
             the
             Emperour
             ,
             and
             then
             the
             Cardinals
             that
             were
             at
             Pisa.
             King
             Lewes
             the
             12
             ,
             after
             the
             death
             of
             Iulius
             ,
             suffered
             himselfe
             to
             be
             led
             away
             with
             the
             blandishments
             of
             Pope
             Leo
             ,
             considering
             withall
             the
             danger
             whereinto
             the
             first
             had
             put
             both
             him
             ,
             and
             all
             the
             Kingdome
             of
             France
             ,
             (
             against
             which
             he
             had
             procured
             the
             Kings
             of
             England
             and
             Spaine
             to
             take
             armes
             )
             insomuch
             
             that
             renouncing
             the
             Concell
             of
             Pisa
             ,
             
             he
             acknowldged
             that
             of
             the
             Pope
             ,
             and
             caused
             certaine
             Ecclesiasticks
             of
             his
             Kingdome
             to
             doe
             as
             much
             .
             But
             from
             that
             time
             till
             this
             ,
             we
             could
             never
             see
             this
             reformation
             ;
             for
             as
             for
             the
             Councels
             of
             Lateran
             and
             Trent
             ,
             
             they
             never
             cared
             for
             medling
             with
             it
             .
             Which
             was
             worthily
             represented
             by
             Monsieur
             Arnald
             de
             Ferriers
             ,
             the
             French
             Ambassadour
             at
             the
             Councell
             of
             Trent
             ,
             in
             an
             Oration
             delivered
             by
             him
             ,
             September
             the
             22.
             1563
             ,
             where
             he
             said
             ,
             
               That
               they
               had
               been
               entreating
               for
               a
               reformation
               of
               the
               Church
               in
               the
               head
               and
               members
               ,
               above
            
             150
             
               yeeres
               to
               no
               purpose
               ,
               and
               that
               in
               sund●y
               Councels
               ,
               as
               those
               of
            
             Constance
             ,
             Basil
             ,
             Ferrara
             ,
             
               and
               the
               first
               at
            
             Trent
             ;
             
               and
               that
               the
               demands
               which
               were
               made
               in
               that
               of
            
             Constance
             ,
             by
             Iohn
             Gerson
             ,
             
               Chance●our
               of
               the
               Vniversity
               of
            
             Paris
             ,
             
               in
               behalfe
               of
               the
               King
               of
            
             France
             ,
             
               may
               bee
               ●ead
               to
               this
               day
               :
               as
               also
               those
               that
               were
               made
               in
               behalfe
               of
               the
               same
               Prince
               ,
               by
               M.
            
             Peter
             Daves
             ,
             
               at
               the
               first
            
             Trent
             Councell
             .
          
        
         
           
             CHAP.
             V.
             That
             the
             Pope
             had
             passed
             sentence
             before
             :
             and
             that
             he
             was
             moved
             with
             hatred
             against
             those
             whom
             hee
             summoned
             to
             the
             Councell
             .
          
           
             1
             COmplaint
             is
             also
             made
             ,
             that
             the
             Pope
             should
             shew
             himselfe
             so
             passionate
             ,
             that
             before
             the
             calling
             of
             the
             Councell
             ,
             and
             after
             that
             ,
             before
             the
             holding
             of
             it
             ,
             hee
             condemned
             the
             doctrine
             of
             those
             who
             were
             summoned
             to
             appeare
             there
             in
             judgement
             ,
             and
             declared
             them
             to
             be
             heretiques
             :
             which
             gave
             them
             just
             occasion
             of
             suspition
             ,
             and
             instructed
             them
             to
             goe
             wisely
             and
             warily
             about
             their
             businesse
             .
             By
             reason
             whereof
             they
             say
             ,
             they
             cannot
             justly
             bee
             blamed
             for
             desiring
             to
             quit
             his
             jurisdiction
             ,
             
             and
             making
             so
             much
             adoe
             about
             the
             forme
             of
             the
             Councell
             ,
             and
             the
             persons
             of
             the
             judges
             ;
             seeing
             these
             are
             things
             which
             must
             be
             looked
             to
             at
             first
             ,
             and
             before
             wee
             enter
             the
             lists
             .
             Now
             that
             their
             doctrine
             was
             condemned
             by
             them
             who
             desired
             to
             be
             their
             judges
             ,
             is
             verified
             by
             the
             Bull
             of
             Leo
             the
             tenth
             ,
             bearing
             date
             the
             8.
             of
             Iune
             1520
             ,
             where
             after
             he
             hath
             reckoned
             up
             Luthers
             opinions
             ,
             concerning
             the
             Sacraments
             of
             the
             new
             testament
             ,
             the
             Eucharist
             ,
             repentance
             ,
             contrition
             ,
             confession
             ,
             satisfaction
             ,
             absolution
             ,
             veniall
             and
             mortall
             sinnes
             ,
             indulgences
             ,
             the
             Popes
             excommunications
             ,
             priests
             ,
             generall
             councels
             ,
             workes
             ,
             heresies
             ,
             free-will
             ,
             purgatory
             ,
             and
             the
             Catholick
             Church
             ,
             he
             decrees
             as
             followeth
             .
             
             
               Wherefore
               ,
               by
               the
               advice
               and
               consent
               of
               our
               reverend
               brethren
               ,
               and
               by
               their
               mature
               deliberation
               ,
               by
               the
               authority
               of
               Almighty
               God
               ,
               the
               blessed
               Apostles
            
             Peter
             and
             Paul
             ,
             
               and
               our
               owne
               ;
               we
               condemne
               ,
               disprove
               ,
               and
               totally
               reject
               all
               and
               every
               the
               foresaid
               articles
               ,
               or
               errours
               ,
               as
               hereticall
               ,
               either
               scandalous
               or
               false
               ,
               or
               offensive
               to
               piou●●ars
               ,
               or
               tending
               to
               the
               seduction
               of
               simple
               soules
               ,
               and
               contradicting
               the
               Catholique
               truth
               .
               And
               we
               decree
               and
               ordaine
               by
               these
               presents
               ,
               that
               by
               all
               faithfull
               people
               of
               both
               sexes
               ,
               they
               bee
               holden
               for
               condemned
               ,
               disproved
               and
               rejected
               .
            
          
           
             2
             It
             may
             be
             answered
             ,
             that
             Pope
             was
             dead
             when
             the
             Councell
             was
             held
             ,
             and
             another
             sat
             in
             his
             stead
             whereof
             they
             needed
             have
             no
             such
             feare
             .
             To
             which
             we
             reply
             ,
             that
             there
             was
             indeed
             an
             alteration
             of
             the
             persons
             ,
             but
             not
             of
             the
             conditions
             nor
             proceedings
             .
             For
             Paul
             the
             third
             ,
             when
             hee
             begun
             the
             Councell
             at
             the
             very
             same
             time
             ,
             which
             he
             designed
             for
             the
             calling
             of
             it
             ,
             declared
             
             that
             the
             end
             of
             it
             was
             the
             extirpation
             of
             the
             Lutheran
             heresie
             ;
             
             as
             appears
             by
             a
             Bull
             of
             his
             ,
             bearing
             date
             the
             23.
             of
             August
             ,
             1535
             ,
             entitled
             ,
             
               Deputatio
               executorum
               super
               reformatione
               Romanae
               curiae
               ,
            
             marke
             the
             words
             of
             it
             :
             
             
               Whereupon
               we
               ,
               desiring
               to
               provide
               for
               the
               Church
               ,
               and
               to
               clense
               her
               of
               all
               her
               staines
               have
               determined
               to
               appoint
               and
               solemnize
               a
               Generall
               Councell
               ,
               upon
               earnest
               and
               urgent
               motives
               ,
               which
               concerne
               the
               state
               of
               the
               said
               Church
               and
               See
               Apostolique●
               and
               the
               extirpation
               of
               the
               plaguy
            
             Lutheran
             
               heresie
               ,
               and
               others
               ,
               having
               already
               dispatched
               our
               Nuncio's
               to
               Christian
               Princes
               for
               that
               purpose
               .
            
          
           
             
             3
             This
             Bull
             came
             to
             the
             Protestants
             ear
             ;
             for
             heark
             what
             they
             say
             of
             it
             in
             the
             declaration
             which
             they
             made
             at
             the
             assembly
             of
             Smalcald
             1537.
             
             
               Besides
               ,
               not
               only
               because
               the
               Pope
               is
               a
               party
               ,
               but
               seeing
               hee
               hath
               already
               condemned
               our
               doctrine
               long
               before
               ,
               hee
               is
               growne
               more
               suspicious
               .
               And
               who
               can
               doubt
               what
               judgement
               will
               passe
               upon
               our
               doctrine
               in
               his
               Councell
               ?
               Yea
               more
               ,
               hee
               confesseth
               that
               the
               cause
               of
               publishing
               the
               Councell
               is
               ,
               that
               the
               new-sprung
               heresies
               may
               bee
               rooted
               out
               :
               'T
               is
               true
               ,
               that
               may
               beare
               a
               larger
               construction
               ;
               yet
               there
               is
               no
               question
               but
               he
               meanes
               of
               our
               doctrine
               ,
               seeing
               it
               is
               scarce
               credible
               that
               hee
               should
               speake
               of
               his
               owne
               faults
               .
               And
               that
               it
               is
               so
               he
               hath
               published
               another
               Bull
               since
               ,
               about
               the
               reformation
               of
               the
               Court
               of
            
             Rome
             ,
             
               wherein
               hee
               confesseth
               down-right
               without
               any
               flattery
               ,
               that
               a
               Councell
               is
               called
               for
               the
               rooting
               out
               of
               the
               pestilent
               heresie
               of
            
             Luther
             .
             Seeing
             the
             case
             stood
             thus
             ,
             they
             had
             beene
             mad
             to
             have
             put
             themselves
             upon
             that
             Councell
             ,
             to
             abide
             the
             judgement
             of
             him
             who
             had
             condemned
             them
             already
             .
             Considering
             withall
             that
             Leo
             the
             tenth
             ,
             in
             the
             precedent
             Bull
             ,
             saith
             ;
             how
             
               he
               hath
               caused
               their
               doctrine
               to
               bee
               pronounced
               hereticall
               by
               a
               conclave
               of
               Cardinals
               ,
               and
               also
               by
               the
               Priours
               of
               the
               religious
               Orders
               ,
               and
               by
               a
               pretty
               company
               of
               Divines
               and
               Doctors
               in
               both
               the
               Lawes
               .
            
             So
             that
             they
             had
             but
             even
             gone
             to
             be
             whipt
             ,
             as
             Hosius
             of
             Corduba
             ,
             to
             the
             Councell
             of
             Antioch
             ,
             in
             case
             they
             should
             have
             refused
             to
             subscribe
             to
             the
             determination
             of
             the
             Councell
             .
             It
             is
             a
             folly
             for
             a
             man
             to
             cast
             himselfe
             upon
             such
             disasters
             ,
             and
             a
             peece
             of
             discretion
             to
             avoid
             them
             .
             
             Maximus
             patriarch
             of
             Constantinople
             ,
             would
             not
             be
             seene
             at
             the
             Councell
             of
             Antioch
             ;
             because
             he
             foresaw
             that
             if
             he
             went
             thither
             ,
             he
             should
             be
             constrained
             to
             subscribe
             to
             the
             deposall
             of
             Athanasius
             ,
             for
             which
             he
             was
             never
             yet
             blamed
             by
             any
             body
             .
             To
             conclude
             this
             point
             ,
             it
             is
             holden
             for
             a
             ruled
             case
             in
             law
             ,
             that
             a
             judge
             who
             hath
             discovered
             his
             opinion
             already
             ,
             may
             be
             refused
             ;
             much
             more
             hee
             who
             hath
             passed
             the
             sentence
             before
             he
             be
             made
             judge
             .
             Adde
             we
             hereunto
             the
             mortall
             hatred
             of
             the
             Pope
             against
             Protestants
             ;
             the
             Pope
             ,
             I
             say
             ,
             who
             calls
             the
             Councell
             ,
             who
             summons
             none
             to
             judgement
             but
             his
             owne
             creatures
             ,
             who
             must
             preceed
             there
             either
             in
             person
             or
             by
             his
             Legats
             ,
             and
             must
             be
             supreme
             moderator
             and
             judge
             in
             all
             things
             .
             This
             point
             of
             the
             Popes
             enmity
             against
             protestants
             ,
             and
             all
             those
             who
             have
             ridde
             themselves
             out
             of
             the
             Popes
             servitude
             ,
             is
             so
             well
             knowne
             that
             it
             needs
             no
             proofe
             .
             Henry
             the
             eighth
             ,
             King
             of
             England
             ,
             then
             a
             Catholique
             ,
             laid
             open
             the
             hatred
             of
             the
             Pope
             against
             him
             and
             his
             subjects
             ,
             as
             an
             excuse
             for
             not
             going
             to
             the
             Councell
             .
             
             
               For
               he
               saith
               ,
               That
               the
               Pope
               hates
               him
               mortally
               ,
               putting
               him
               out
               of
               favour
               with
               other
               Kings
               as
               much
               as
               he
               can
               ;
               and
               that
               for
               no
               other
               reason
               but
               because
               he
               had
               cast
               off
               his
               tyrannie
               ,
               and
               had
               made
               him
               loose
               his
               yeerly
               rent
               ;
               and
               for
               this
               cause
               he
               could
               not
               come
               thither
               .
            
          
           
             
             4
             Henry
             the
             second
             ,
             King
             of
             France
             ,
             complaineth
             also
             how
             Pope
             Iulius
             the
             third
             ,
             instigated
             by
             the
             ill
             will
             which
             he
             bore
             him
             ,
             without
             any
             sufficient
             reason
             ,
             had
             denounced
             warre
             against
             him
             during
             the
             time
             of
             the
             Councell
             ,
             depriving
             him
             thereby
             of
             the
             meanes
             of
             sending
             the
             Prelates
             of
             his
             Kingdome
             thither
             :
             whereupon
             hee
             made
             those
             protestations
             which
             wee
             mention
             elsewhere
             .
             This
             consideration
             makes
             a
             nullity
             in
             the
             Councell
             ,
             and
             serves
             for
             a
             lawfull
             excuse
             to
             such
             as
             would
             not
             goe
             thither
             .
             For
             in
             this
             case
             ,
             hee
             who
             is
             summoned
             to
             a
             Councell
             is
             not
             bound
             to
             appeare
             .
             
             So
             Athanasius
             (
             saith
             Theodoret
             )
             
             
               knowing
               the
               hatred
               of
               his
               judges
               against
               his
               cause
               ,
               went
               not
               to
               the
               Councell
               of
               Cesarea
               .
            
             
             Which
             was
             purposely
             called
             for
             him
             ,
             and
             yet
             no
             man
             ever
             said
             ,
             ill
             did
             he
             .
          
           
             5
             Anastasius
             Bishop
             of
             Perrhenue
             ,
             
             was
             three
             times
             summoned
             by
             his
             Patriarch
             ,
             before
             he
             was
             deposed
             ,
             and
             yet
             that
             deposall
             was
             judged
             unjust
             by
             the
             Councell
             of
             Chalcedon
             ,
             after
             it
             appeared
             that
             he
             was
             his
             enemy
             .
          
           
             6
             Pope
             Gelasius
             ,
             speaking
             of
             the
             Bishops
             of
             Constantinople
             ,
             with
             whom
             he
             had
             some
             bickerings
             ,
             saith
             something
             which
             is
             very
             remarkable
             in
             these
             times
             .
             For
             the
             question
             being
             about
             the
             taking
             up
             of
             their
             quarrell
             ,
             he
             speaks
             thus
             ,
             
             
               I
               aske
               ,
               where
               is
               that
               which
               is
               able
               to
               passe
               the
               judgement
               which
               they
               pretend
               ?
               shall
               it
               be
               amongst
               them
               ?
               so
               the
               same
               enemies
               should
               be
               both
               witnesses
               and
               judges
               :
               but
               even
               humane
               affaires
               ought
               not
               to
               bee
               committed
               to
               such
               a
               judgement
               ;
               how
               much
               lesse
               divine
               and
               ecclesiasticall
               ,
               every
               wise
               man
               doth
               perceive
               .
            
             Say
             we
             then
             ,
             that
             those
             who
             were
             out
             of
             favour
             with
             the
             Pope
             and
             his
             adherents
             ,
             were
             wise
             and
             well-advised
             ,
             that
             they
             would
             not
             trust
             themselves
             to
             his
             judgement
             .
          
           
             Pope
             Nicholas
             the
             first
             ,
             who
             quotes
             these
             two
             examples
             in
             an
             epistle
             of
             his
             to
             the
             Emperour
             Michael
             ,
             gives
             us
             this
             rule
             ,
             
             
               That
               our
               enemies
               ,
               and
               those
               whom
               we
               suspect
               ,
               should
               not
               be
               our
               judges
               .
            
             Which
             (
             as
             he
             saith
             )
             was
             decreed
             at
             the
             Generall
             Councell
             of
             Constantinople
             ,
             and
             gives
             this
             reason
             of
             it
             ,
             
               Because
               nature
               teacheth
               us
               to
               avoid
               the
               plots
               of
               suspected
               judges
               ,
               and
               refuse
               the
               judgement
               of
               our
               enemies
               .
            
             After
             all
             this
             Gratian
             makes
             this
             conclusion
             ,
             
               That
               how
               manifest
               so
               ever
               a
               mans
               offences
               be
               ,
               he
               should
               not
               for
               al
               that
               be
               cōdemned
               by
               his
               enemies
               .
            
             It
             were
             superfluous
             here
             to
             alledge
             the
             Civill
             Law
             ,
             to
             prove
             that
             the
             enmity
             of
             the
             judge
             gives
             sufficient
             cause
             of
             refusing
             him
             in
             point
             of
             judgement
             ,
             seeing
             it
             is
             a
             matter
             well
             enough
             knowne
             .
          
        
         
           
             CHAP.
             VI.
             That
             the
             Councell
             was
             holden
             in
             the
             midst
             of
             divers
             troubles
             and
             tumults
             .
          
           
             THE
             hatred
             of
             the
             Pope
             towards
             the
             Protestants
             and
             the
             King
             of
             France
             ,
             did
             shew
             it selfe
             so
             fully
             ,
             before
             that
             it
             burst
             out
             into
             cruell
             warres
             .
             Where
             we
             may
             observe
             an
             egregious
             nullity
             of
             the
             Councell
             in
             all
             the
             Sessions
             thereof
             ,
             in
             that
             it
             was
             begunne
             ,
             continued
             ,
             and
             ended
             amongst
             the
             troubles
             raised
             against
             the
             King
             of
             France
             ,
             the
             Protestants
             of
             Germany
             ,
             and
             them
             of
             the
             Religion
             in
             France
             ,
             by
             the
             instigation
             and
             inducement
             of
             the
             Pope
             and
             his
             instruments
             .
             This
             is
             evidenced
             by
             the
             very
             acts
             of
             the
             Councell
             it selfe
             ,
             for
             at
             the
             end
             of
             the
             tenth
             Session
             holden
             September
             the
             14.
             1547.
             the
             Cardinall
             
               de
               Monte
            
             ,
             the
             Popes
             Legat
             ,
             and
             President
             of
             the
             Councell
             ,
             speakes
             thus
             ,
             
               Besides
               these
               difficulties
               ,
               there
               is
               the
               heynousnesse
               and
               enormity
               of
               an
               unexpected
               accident
               which
               befell
               the
               person
               of
               the
               most
               illustrious
               Duke
               of
            
             Placentia
             ,
             
               which
               doth
               so
               take
               up
               our
               employment
               for
               the
               defence
               and
               safegard
               of
               the
               liberty
               of
               the
               Cities
               which
               belong
               to
               the
               Church
               ,
               that
               we
               our selves
               are
               not
               in
               safety
               one
               houre
               ,
               no
               not
               one
               minute
               of
               an
               houre
               .
            
             The
             Popes
             Legats
             make
             this
             remonstrance
             in
             the
             sixth
             Session
             ,
             
               That
               of
               a
               suddaine
               there
               are
               such
               broiles
               and
               such
               warres
               kindled
               ,
            
             (
             they
             are
             the
             very
             words
             of
             the
             Councell
             )
             
               that
               the
               Councell
               is
               constrained
               as
               it
               were
               to
               stop
               it selfe
               ,
               and
               breake
               off
               its
               course
               ,
               with
               no
               
               small
               inconvenience
            
             ;
             
             
               and
               all
               hope
               of
               proceeding
               further
               is
               now
               quite
               taken
               from
               it
               ;
               and
               so
               farre
               is
               the
               holy
               Councell
               from
               redressing
               the
               evils
               and
               incommodities
               of
               Christians
               ,
               that
               contrary
               to
               its
               intentions
               it
               hath
               rather
               irritated
               than
               appeased
               the
               hearts
               of
               many
               .
            
             
             Pope
             Pius
             the
             fourth
             ,
             in
             his
             Bull
             of
             the
             publication
             of
             the
             Councell
             ,
             which
             was
             for
             the
             continuation
             of
             it
             ,
             bearing
             date
             the
             30.
             of
             Decemb
             .
             1560.
             affords
             us
             such
             another
             testimony
             ,
             But
             (
             saith
             he
             )
             
               as
               soone
               as
               new
               broiles
               were
               raised
               in
               the
               neighbouring
               parts
               of
            
             Germany
             ,
             
               and
               a
               great
               warre
               was
               kindled
               in
            
             Italy
             and
             France
             ,
             
               the
               Councell
               was
               afterwards
               suspended
               and
               adjourned
               .
            
          
           
             2
             But
             it
             is
             requisite
             we
             make
             these
             troubles
             more
             plainly
             evident
             ,
             seeing
             it
             is
             a
             most
             just
             exception
             against
             the
             Councell
             .
             The
             Protestants
             complaine
             that
             the
             over-hasty
             resolution
             made
             by
             the
             Fathers
             in
             that
             Councel
             ,
             was
             purposely
             to
             wage
             warre
             against
             them
             .
             The
             Duke
             of
             Saxony
             and
             the
             Lantgrave
             of
             Hassia
             say
             so
             downright
             in
             their
             letters
             .
             
               Whereas
               you
               buckle
               up
               your selves
               to
               set
               upon
               us
               with
               force
               ,
               without
               once
               telling
               us
               the
               reason
               why
               ,
               wee
               referre
               that
               to
               God
               ,
               and
               as
               soone
               as
               we
               shall
               know
               what
               yee
               accuse
               us
               of
               ,
               we
               will
               answer
               so
               as
               every
               one
               shall
               say
               that
               we
               are
               wronged
               ,
               and
               that
               ye
               undertake
               this
               warre
               by
               the
               impulsion
               of
               the
               Antichrist
               of
            
             Rome
             ,
             
               and
               the
               wicked
               Councell
               of
            
             Trent
             .
             Though
             wee
             give
             no
             credence
             to
             these
             letters
             ,
             yet
             let
             us
             heare
             what
             Pope
             Paul
             the
             third
             saith
             to
             it
             in
             his
             letters
             to
             the
             Suitzers
             of
             the
             third
             of
             Iuly
             1546.
             
          
           
             
             3
             
               We
               thought
               the
               obstinacy
               of
               these
               villaines
               would
               put
               us
               upon
               the
               necessity
               of
               falling
               to
               force
               and
               armes
               :
               but
               having
               oft
               considered
               what
               was
               to
               be
               done
               ,
               praying
               God
               to
               let
               the
               light
               of
               his
               divine
               counsell
               shine
               upon
               us
               ,
               it
               is
               falne
               out
               fitly
               ,
               that
               our
               most
               beloved
               sonne
               in
               God
               ,
               Charles
               ,
               Emperour
               of
               the
               Romanes
               ,
               ever
               Augustus
               ,
               being
               offended
               meerly
               with
               the
               same
               villanies
               of
               those
               rogues
               that
               we
               were
               ,
               and
               for
               that
               a
               Councell
               being
               granted
               by
               us
               to
               the
               German
               nation
               ,
               mainly
               by
               his
               meanes
               ,
               and
               at
               his
               entreaty
               ,
               those
               who
               despise
               it
               despise
               also
               his
               authority
               ,
               and
               all
               that
               he
               hath
               done
               concerning
               it
               ,
               (
               as
               some
               doe
               very
               injustly
               and
               sawcily
               )
               hath
               resolved
               by
               force
               of
               armes
               to
               revenge
               the
               holy
               cause
               of
               wronged
               truth
               .
               Which
               occasion
               ,
               as
               being
               without
               doubt
               offered
               unto
               us
               by
               God
               himselfe
               ,
               we
               very
               readily
               embrace
               ,
               being
               resolved
               to
               second
               the
               good
               intentions
               of
               that
               great
               Emperour
               ,
               with
               all
               the
               meanes
               and
               forces
               which
               either
               we
               or
               the
               Church
               of
               Rome
               can
               raise
               .
            
          
           
             4
             Now
             that
             the
             Councell
             of
             Trent
             hath
             had
             a
             hand
             also
             in
             that
             designe
             of
             war
             ,
             not
             onely
             the
             Historians
             relate
             ,
             but
             it
             may
             be
             fairly
             concluded
             from
             hence
             ,
             that
             they
             never
             gainsaid
             it
             .
             For
             it
             is
             not
             any
             way
             likely
             that
             they
             should
             suffer
             such
             a
             warre
             to
             be
             made
             under
             their
             noses
             ,
             and
             they
             not
             approve
             of
             it
             .
             While
             the
             preparations
             w●re
             made
             for
             it
             ,
             nay
             while
             the
             armies
             were
             in
             the
             field
             ,
             and
             that
             under
             the
             conduct
             of
             
               Octavianus
               Farnese
            
             the
             Popes
             nephew
             ,
             and
             all
             was
             in
             an
             uproare
             and
             combustion
             ,
             the
             Councell
             made
             decrees
             about
             the
             controversies
             of
             greatest
             importance
             ,
             when
             there
             were
             but
             a
             very
             small
             number
             of
             Bishops
             there
             .
          
           
             5
             When
             Iulius
             the
             third
             came
             to
             the
             Popedome
             in
             February
             1550.
             upon
             the
             Emperours
             intreaty
             hee
             ordained
             ,
             that
             the
             Councell
             should
             bee
             continued
             .
             Where
             we
             may
             observe
             ,
             that
             at
             the
             very
             same
             time
             a
             warre
             was
             denounced
             against
             King
             Henry
             the
             second
             ,
             by
             the
             Pope
             and
             the
             Emperour
             ,
             and
             that
             upon
             an
             injust
             quarrell
             .
             Which
             is
             proved
             out
             of
             Onuphrius
             ,
             
             an
             Historian
             of
             the
             Popes
             ,
             in
             the
             life
             of
             that
             Iulius
             .
             
               He
               gave
               some
               hopes
               (
               saith
               hee
               )
               of
               composing
               the
               differences
               in
               religion
               ,
               when
               at
               the
               request
               of
               the
               Emperour
               hee
               declared
               by
               his
               ●ull
               in
               the
               first
               yeere
               of
               his
               Popedome
               ,
               that
               the
               Councell
               should
               be
               continued
               at
               Trent
               ,
               at
               the
               beginning
               of
               the
               next
               May.
               
            
             And
             presently
             after
             he
             addes
             ,
             
             
               He
               unwittingly
               put
               himselfe
               upon
               the
               warre
               of
               Parma
               ,
               and
               thereby
               set
               all
               Italy
               ,
               nay
               all
               Europe
               on
               fire
               .
            
             Another
             Catholique
             Historian
             saith
             ,
             
               During
               the
               time
               that
               these
               things
               passed
               upon
               the
               frontiers
               of
               Flanders
               
               and
               Picardy
               ,
               the
               Pope
               ,
               at
               the
               Emperours
               request
               ,
               summoned
               the
               Councell
               to
               Trent
               ,
               
               for
               the
               extirpation
               of
               heresies
               .
               Because
               it
               was
               plai●e
               that
               Bononia
               ,
               whither
               it
               was
               adjourned
               by
               reason
               of
               the
               plague
               ,
               was
               ●o
               free
               place
               for
               them
               all
               .
            
             Then
             hee
             prosecutes
             the
             narration
             of
             the
             ●arman
             warres
             now
             lately
             begunne
             .
             So
             then
             the
             Pope
             makes
             warre
             on
             the
             one
             side
             ,
             and
             keepes
             a
             Councell
             on
             the
             other
             ;
             this
             is
             truly
             and
             without
             a
             figure
             ,
             to
             beare
             St.
             Pauls
             sword
             ,
             and
             St.
             Peters
             keyes
             .
             The
             first
             Session
             upon
             the
             first
             of
             May
             ,
             and
             the
             ●econd
             upon
             the
             first
             of
             September
             1559.
             were
             onely
             for
             Ladies
             ,
             for
             there
             was
             nothing
             done
             .
             King
             Henry
             set
             forth
             an
             Edict
             at
             the
             same
             time
             ,
             dated
             the
             third
             of
             September
             ,
             in
             the
             same
             yeare
             ,
             containing
             a
             restraint
             of
             transporting
             gold
             and
             silver
             to
             Rome
             :
             where
             he
             sets
             downe
             at
             large
             the
             occasi●ns
             of
             the
             war
             of
             Parma
             begun
             by
             the
             Pope
             ,
             and
             amongst
             other
             things
             he
             saith●
             
             
               Which
               holy
               father
               upon
               a
               suddaine
               fit
               of
               choler
               ,
               had
               caused
               a
               certaine
               company
               of
               men
               of
               warre
               ,
               both
               horse
               and
               foot
               ,
               to
               be
               levied
               and
               set
               forth
               ,
               and
               also
               enticed
               and
               perswaded
               the
               Emperour
               (
               with
               whom
               we
               were
               in
               good
               termes
               of
               peace
               and
               amity
               )
               to
               take
               armes
               ,
               to
               aid
               his
               forces
               in
               the
               designe
               of
               the
               recovery
               of
            
             Parma
             ,
             
               and
               after
               hee
               had
               harrased
               and
               laid
               waste
               all
               things
               wheresoever
               he
               pleased
               in
               the
               Countrey
               of
            
             Parma
             ,
             
               he
               caused
               his
               said
               forces
               to
               march
               towards
               the
               territories
               of
            
             Mi●andula
             ;
             
               which
               hath
               for
               a
               long
               time
               ,
               even
               during
               the
               life
               of
               our
               late
               most
               honoured
               Lord
               and
               Father
               ,
               been
               in
               the
               knowne
               protection
               of
               the
               crowne
               of
            
             France
             ,
             
               which
               hee
               beleaguered
               ,
               using
               most
               incredible
               and
               inhumane
               cruelties
               towards
               the
               inhabitants
               of
               the
               said
               territory
               ,
               yea
               such
               as
               barbarians
               and
               infidels
               would
               not
               have
               used
               the
               like
               :
               giving
               the
               world
               to
               know
               very
               stoutly
               that
               he
               meant
               them
               to
               us
               ,
               who
               have
               not
               deserved
               any
               such
               thing
               at
               his
               hands
               or
               the
               Holy
               See.
               
            
          
           
             6
             There
             were
             six
             Sessions
             holden
             in
             the
             time
             of
             that
             wa●●e
             ,
             the
             two
             wee
             spoke
             of
             ,
             and
             foure
             more
             ;
             in
             two
             whereof
             the
             most
             materiall
             points
             of
             faith
             ,
             of
             manners
             and
             Church
             discipline
             were
             discussed
             and
             determined
             :
             as
             those
             ,
             of
             the
             blessed
             sacrament
             of
             the
             Eucharist
             ,
             Transubstantiation
             ,
             the
             sacraments
             of
             Penance
             and
             Extreme
             Unction
             :
             as
             also
             about
             the
             jurisdiction
             of
             Bishops
             ;
             where
             many
             blowes
             were
             strucke
             at
             the
             liberties
             of
             our
             Gallicane
             Church
             ,
             and
             the
             rights
             of
             the
             Crowne
             .
             Now
             the
             warre
             continued
             all
             the
             time
             of
             these
             Sessions
             without
             any
             intermission
             ,
             for
             there
             was
             no
             respit
             of
             peace
             ,
             save
             in
             May
             1552.
             what
             time
             the
             said
             King
             put
             forth
             another
             Edict
             derogatory
             to
             the
             former
             ,
             whereby
             he
             licensed
             the
             transporting
             of
             gold
             and
             silver
             to
             Rome
             .
             Wherein
             he
             saith
             ,
             
               Our
               holy
               father
               the
               Pope
               having
               now
               of
               late
               made
               knowne
               the
               love
               and
               affection
               which
               his
               Holinesse
               beares
               continually
               towards
               us
               ,
               by
               good
               and
               honest
               demonstrations
               ,
               &c.
               
            
             
             But
             the
             Sessions
             we
             mentioned
             were
             ended
             before
             this
             ;
             for
             the
             fourth
             of
             them
             was
             upon
             the
             25.
             of
             November
             1551
             :
             and
             for
             the
             two
             following
             ,
             they
             did
             but
             bandy
             for
             balls
             in
             them
             ,
             for
             they
             treated
             of
             nothing
             but
             the
             safe
             conduct
             of
             Protestants
             ,
             a●d
             the
             suspension
             of
             the
             Councell
             .
             Now
             the
             writing
             sent
             by
             the
             same
             Prince
             to
             all
             the
             States
             of
             the
             Empire
             ,
             February
             the
             third
             1552.
             witnesseth
             that
             during
             those
             Sessions
             all
             was
             on
             a
             fire
             ;
             where
             after
             he
             hath
             laid
             downe
             the
             originall
             and
             progresse
             of
             the
             warre
             of
             Parma
             ,
             and
             laid
             the
             blame
             of
             it
             upon
             the
             Pope
             and
             the
             Emperour
             ,
             whom
             he
             impeacheth
             also
             of
             other
             things
             ,
             he
             profers
             his
             helpe
             and
             assistance
             to
             the
             Princes
             of
             the
             Empire
             .
             
               We
               offer
            
             (
             saith
             he
             )
             
               of
               our
               free
               and
               princely
               pleasure
               meerly
               ,
               to
               deliver
               the
            
             German
             
               nation
               and
               the
               sacred
               Empire
               ,
               from
               that
               servitude
               wherein
               it
               now
               is
               ;
               to
               gaine
               thereby
               ,
               as
            
             Flaminius
             
               did
               in
            
             Grece
             ,
             
               an
               immortall
               name
               and
               everlasting
               renowne
               .
            
          
           
             7
             From
             this
             time
             till
             the
             beginning
             of
             the
             yeare
             1560.
             our
             Councell
             did
             starke
             nothing
             ;
             what
             time
             Pius
             the
             fourth
             ,
             so
             soone
             as
             he
             got
             into
             the
             chaire
             ,
             sent
             forth
             a
             declaration
             for
             the
             continuation
             of
             it
             against
             Easter
             day
             the
             next
             yeere
             ;
             this
             Bull
             was
             dated
             November
             the
             nineteenth
             ,
             or
             (
             as
             some
             copies
             have
             it
             )
             December
             the
             thirtieth
             1560.
             
             The
             first
             Session
             was
             the
             eighteenth
             of
             Ianaury
             
             1562.
             the
             last
             ,
             December
             the
             third
             1563.
             during
             which
             time
             there
             was
             nothing
             but
             troubles
             and
             turmoiles
             in
             France
             ,
             
             so
             that
             those
             of
             the
             religion
             there
             have
             good
             reason
             to
             say
             ,
             that
             nothing
             could
             then
             be
             passed
             in
             the
             Councell
             to
             their
             prejudice
             ,
             they
             being
             debarred
             of
             the
             meanes
             of
             going
             thither
             .
             It
             is
             plain
             ,
             first
             from
             the
             Edict
             of
             pacification
             in
             Ianuary
             1561
             ,
             that
             at
             the
             time
             of
             the
             calling
             it
             ,
             there
             was
             a
             great
             deale
             of
             stirre
             in
             France
             ,
             and
             that
             they
             had
             something
             else
             to
             thinke
             of
             ,
             than
             of
             making
             ready
             to
             goe
             to
             the
             Councell
             .
             For
             it
             is
             said
             at
             the
             beginni●g
             thereof
             .
             
               It
               is
               too
               well
               knowne
               what
               troubles
               and
               seditions
               have
               beene
               heretofore
               ,
               and
               are
               daily
               raised
               ,
               abetted
               and
               augmented
               in
               this
               Kingdome
               ,
               by
               reason
               of
               the
               badnesse
               of
               the
               times
               ,
               and
               the
               diversity
               of
               opinions
               in
               point
               of
               religion
               ,
               which
               now
               reigneth
               .
            
             This
             Edict
             thus
             made
             for
             the
             good
             of
             the
             Country
             ,
             it
             was
             requisite
             to
             sue
             for
             the
             publication
             of
             it
             ,
             by
             reason
             of
             the
             difficulties
             raised
             against
             it
             by
             the
             Court
             of
             Parliament
             ;
             this
             hung
             on
             till
             the
             sixt
             of
             March
             in
             the
             same
             yeere
             ,
             what
             time
             the
             publication
             was
             made
             in
             some
             kinde
             by
             constraint
             ;
             witnesse
             those
             words
             ,
             
               Obeying
               herein
               the
               Kings
               pleasure
               ,
               without
               the
               approbation
               of
               the
               new
               religion
               ,
               and
               all
               by
               way
               of
               caution
               .
            
             Yea
             more
             ,
             six
             dayes
             before
             ,
             upon
             the
             first
             of
             that
             moneth
             ,
             was
             the
             execution
             done
             at
             Vassy
             ,
             against
             them
             of
             the
             religion
             ,
             which
             impestered
             this
             Realme
             in
             more
             troubles
             than
             ever
             :
             The
             Duke
             of
             Guise
             making
             his
             party
             the
             strongest
             at
             Court
             :
             The
             Prince
             of
             Conde
             being
             retired
             to
             Orleans
             :
             which
             they
             went
             about
             to
             reforme
             quickly
             after
             ,
             in
             April
             next
             .
             So
             that
             King
             Charles
             set
             forth
             a
             declaration
             upon
             his
             former
             Edict
             ,
             where
             he
             saith
             towards
             the
             beginning
             ;
             
               Whence
               it
               is
               the
               more
               strange
               ,
               that
               some
               of
               them
               are
               now
               risen
               up
               in
               armes
               ,
               and
               have
               assembled
               themselves
               in
               great
               number
               ,
               as
               wee
               see
               in
               sundry
               places
               ;
               and
               namely
               in
               our
               City
               of
            
             Orleans
             ,
             
               under
               pretence
               of
               a
               certaine
               feare
               ,
               which
               they
               say
               they
               have
               ,
               least
               they
               should
               bee
               debarr'd
               the
               liberty
               of
               their
               conscience
               ,
               and
               the
               enjoying
               the
               benefit
               of
               our
               Edicts
               and
               ordinances
               in
               that
               behalfe
               .
            
          
           
             8
             They
             had
             reason
             to
             be
             afraid
             ,
             lest
             their
             consciences
             should
             be
             rifled
             in
             such
             sort
             ,
             as
             were
             those
             of
             Vassy
             .
             About
             the
             time
             of
             the
             first
             Session
             ,
             all
             was
             in
             an
             uproare
             in
             this
             Realme
             ,
             and
             there
             was
             nothing
             setled
             concerning
             the
             peace
             ;
             as
             may
             be
             gathered
             from
             an
             answere
             made
             by
             the
             Qu●ene
             mother
             to
             Mounsieur
             the
             Prince
             of
             Conde
             ,
             dated
             the
             4.
             of
             May
             1562
             ,
             where
             amongst
             other
             things
             it
             is
             said
             ,
             
               In
               regard
               of
               the
               violence
               ,
               oppressions
               ,
               murthers
               and
               outrages
               ,
               committed
               since
               the
               edict
               ,
               and
               in
               despight
               of
               it
               ,
               both
               by
               the
               one
               side
               and
               the
               other
               ,
               her
               Majestie
               will
               cause
               such
               justice
               to
               be
               done
               ,
               and
               amends
               to
               be
               made
               as
               the
               case
               shall
               require
               ,
               both
               for
               publick
               satisfaction
               ,
               and
               also
               private
               to
               such
               as
               have
               received
               any
               wrong
               .
            
             And
             also
             from
             an
             edict
             set
             forth
             by
             the
             late
             King
             of
             Navarre
             ,
             Lievetenant
             Generall
             for
             the
             King
             over
             all
             this
             Realme
             ,
             dated
             the
             26.
             of
             May
             1562
             ,
             containing
             an
             injunction
             to
             some
             suspected
             persons
             of
             the
             religion
             ,
             to
             depart
             from
             Paris
             .
             Where
             it
             is
             said
             ,
             
               As
               for
               the
               putting
               in
               execution
               of
               the
               designe
               which
               we
               have
               undertaken
               to
               performe
               out
               of
               hand
               ,
               with
               the
               army
               of
               our
               said
               Soveraigne
               Lord
               the
               King
               ,
               against
               those
               that
               hold
               some
               cities
               of
               this
               Kingdome
               ,
               with
               prejudice
               to
               his
               authority
               ,
               and
               the
               obedience
               which
               belongs
               unto
               him
               ;
               We
               have
               determined
               to
               depart
               within
               a
               few
               dayes
               from
               this
               City
               of
            
             Paris
             ,
             
               with
               the
               said
               army
               ,
               and
               to
               cause
               all
               the
               forces
               both
               horse
               and
               foot
               ,
               aswell
               within
               the
               said
               city
               as
               without
               ,
               to
               march
               along
               .
            
          
           
             9
             There
             was
             also
             another
             declaration
             set
             out
             concerning
             the
             edict
             of
             peace
             ,
             by
             the
             same
             King
             Charles
             ,
             at
             Amboys
             ,
             March
             the
             19.
             1562.
             but
             it
             was
             not
             put
             in
             execution
             till
             the
             next
             yeere
             about
             Iune
             ;
             what
             time
             the
             King
             sent
             certaine
             Commissioners
             through
             the
             severall
             Provinces
             to
             that
             effect
             ;
             as
             appears
             by
             the
             coppy
             of
             the
             Commission
             given
             out
             thereupon
             ,
             dated
             the
             18.
             of
             Iune
             in
             the
             same
             yeere
             .
             
             And
             yet
             notwithstanding
             our
             Councell
             was
             consummated
             the
             fourth
             of
             December
             1563.
             
             The
             Cardinall
             of
             Lorrain
             in
             an
             oration
             of
             his
             ,
             delivered
             in
             the
             Councell
             ,
             November
             the
             23.
             1562
             ,
             makes
             a
             long
             story
             of
             our
             
             miseries
             in
             France
             ,
             
             and
             the
             warres
             which
             were
             a
             foot
             there
             .
             
               There
               is
               no
               sparing
               of
               any
               thing
            
             (
             saith
             he
             )
             
               armies
               are
               raised
               succours
               are
               called
               in
               from
               all
               parts
               ,
               entry
               is
               made
               by
               force
               ;
               yea
               ,
               the
               sword
               pierceth
               our
               hearts
               ,
               how
               victorious
               soever
               our
               hands
               be
               :
               Our
               goods
               are
               taken
               from
               us
               ,
               and
               the
               Kingdome
               is
               brought
               to
               a
               miserable
               passe
               .
            
             So
             then
             the
             case
             standing
             thus
             ,
             the●e
             is
             never
             a
             Lawyer
             but
             will
             constantly
             affirme
             ,
             that
             as
             much
             as
             concernes
             those
             who
             went
             not
             thither
             may
             be
             righted
             ,
             and
             that
             all
             things
             should
             bee
             restored
             to
             the
             state
             wherein
             they
             were
             at
             first
             .
          
           
             10
             The
             Kings
             of
             France
             by
             reason
             hereof
             did
             prejudicate
             their
             subjects
             of
             the
             religion
             (
             yea
             and
             their
             Catholiques
             too
             )
             whom
             they
             re-estate
             in
             their
             former
             right
             ;
             
             
               Notwithstanding
               all
               processes
               made
               ,
               judgements
               and
               arrests
               granted
               during
               the
               troubles
               .
               Non-suits
               ,
               prescriptions
               ,
               both
               legall
               ,
               conditionall
               ,
               and
               customary
               ,
               attachements
               of
               feuds
               ,
               which
               happened
               during
               the
               troubles
               ,
               or
               issued
               from
               thence
               by
               course
               of
               law
               .
            
             It
             stands
             with
             better
             reason
             ,
             that
             all
             should
             bee
             re-established
             ,
             which
             concernes
             point
             of
             religion
             ;
             which
             hath
             ever
             beene
             as
             good
             a
             cause
             of
             replacing
             all
             things
             is
             
               statu
               quo
               prius
            
             ,
             as
             absence
             .
             Which
             is
             plaine
             from
             the
             discourse
             of
             Pope
             Liberius
             ,
             with
             the
             Emperour
             Constantius
             ,
             in
             the
             case
             of
             Athanasius
             ;
             
             from
             the
             letter
             which
             Pope
             Iulius
             writ
             thereupon
             to
             them
             of
             Antioch
             ;
             and
             from
             that
             passage
             of
             S.
             Hilary
             ;
             
             
               I
               omit
               that
               the
               judgement
               of
               the
               Emperour
               was
               passed
               without
               hearing
               of
               the
               cause
               :
               Nor
               doe
               I
               repeat
               how
               the
               sentence
               was
               extorted
               against
               one
               that
               was
               absent
               ,
               (
               however
               the
               Apostle
               saith
               ,
               That
               where
               faith
               is●
               there
               should
               be
               liberty
               ,
               the
               simplicity
               of
               the
               priesthood
               should
               not
               endure
               this
               ;
               )
               but
               I
               omit
               these
               things
               ,
               not
               because
               they
               are
               to
               be
               sleighted
               ,
               but
               because
               there
               are
               others
               more
               intolerable
               .
               The
               same
               may
               we
               say
               of
               the
               Councell
               of
               Trent
               .
            
          
           
             11
             So
             then
             these
             wars
             were
             the
             cause
             why
             many
             that
             would
             have
             gone
             to
             the
             Councell
             ,
             could
             not
             ;
             they
             were
             the
             cause
             why
             it
             was
             so
             often
             broke
             off
             ,
             and
             prorogued
             ,
             and
             that
             in
             such
             sort
             as
             it
             seemed
             sometimes
             to
             come
             to
             just
             nothing
             :
             Hence
             it
             was
             ,
             that
             they
             did
             not
             proceed
             to
             the
             creation
             of
             new
             Popes
             in
             the
             place
             of
             those
             that
             dyed
             during
             the
             time
             of
             the
             said
             Councell
             ;
             nor
             of
             the
             new
             Cardinals
             ,
             which
             had
             otherwise
             been
             done
             ,
             it
             being
             a
             matter
             which
             of
             right
             belonged
             unto
             them
             ,
             according
             to
             the
             determination
             of
             the
             Councels
             of
             Constance
             and
             Basil
             ,
             
             as
             wee
             shall
             shew
             in
             another
             place
             .
             Hence
             it
             was
             that
             there
             was
             such
             a
             great
             dispute
             in
             the
             consistory
             of
             Rome
             ,
             when
             Pius
             the
             fourth
             renewed
             the
             Councell
             ;
             some
             being
             of
             opinion
             that
             it
             was
             ended
             ,
             &
             that
             he
             should
             call
             a
             new
             one
             :
             others
             maintaining
             that
             it
             was
             yet
             in
             being
             ,
             and
             that
             he
             ought
             only
             to
             continue
             it
             :
             But
             the
             Pope
             used
             such
             phrases
             in
             his
             Bull
             ,
             that
             it
             could
             not
             be
             perceived
             ,
             whether
             it
             was
             a
             continuation
             ,
             or
             a
             new
             convocation
             .
             Some
             might
             haply
             take
             me
             up
             for
             lying
             ,
             if
             I
             had
             not
             Onuphrius
             for
             my
             warrant
             ;
             
             
               But
               here
               arose
               a
               controversie
               ,
               whether
               it
               should
               be
               a
               continua●ion
               of
               the
               Councell
               of
            
             Trent
             ,
             
               or
               a
               new
               convocation
               :
               The
               Pope
               found
               out
               a
               wholsome
               remedy
               to
               set
               all
               mens
               minds
               at
               quiet
               ;
               for
               he
               used
               such
               a
               forme
               of
               speech
               in
               the
               Bull
               of
               promulgation
               ,
               as
               might
               satisfie
               both
               parties
               ,
               and
               withall
               the
               authority
               of
               the
               Councell
               be
               no
               way
               impeached
               .
            
             The
             use
             we
             make
             of
             this
             passage
             is
             ,
             That
             whereas
             ,
             by
             their
             owne
             confession
             ,
             that
             Councell
             was
             sometimes
             at
             so
             low
             an
             ebbe
             ,
             that
             it
             was
             questioned
             whether
             it
             was
             ended
             or
             no
             :
             it
             would
             be
             a
             better
             way
             to
             have
             a
             new
             one
             ,
             which
             might
             be
             to
             the
             content
             of
             all
             parts
             ,
             to
             put
             an
             end
             to
             our
             differences
             :
             Considering
             that
             this
             was
             deserted
             and
             cast
             off
             ,
             that
             it
             did
             not
             discharge
             the
             office
             and
             function
             of
             a
             true
             Councell
             ,
             that
             it
             was
             so
             weake
             and
             feeble
             that
             it
             deserves
             not
             the
             name
             of
             a
             Councell
             .
          
           
             12
             Here
             we
             must
             observe
             that
             the
             French
             Ambassadors
             at
             the
             Councel
             1563
             ,
             had
             an
             expresse
             commission
             to
             urge
             ,
             that
             this
             last
             Councell
             might
             not
             bee
             ac●ounted
             a
             continuation
             of
             the
             former
             .
             And
             there
             was
             an
             expresse
             article
             against
             those
             things
             which
             were
             put
             off
             by
             them
             at
             the
             beginning
             .
          
           
           
             
             13
             The
             Lords
             of
             Ferriers
             and
             Pibrac
             after
             their
             departure
             from
             the
             Councell
             ,
             when
             they
             were
             retired
             to
             Venice
             ,
             writ
             letters
             to
             King
             Charles
             ,
             dated
             November
             25.
             1563.
             
             Wherein
             after
             they
             have
             acquainted
             him
             with
             the
             reason
             of
             their
             departure
             ,
             they
             give
             him
             notice
             ,
             
               That
               the
               Councell
               would
               move
               his
               Majestie
               to
               send
               new
               Ambassadours
               ,
               which
               hee
               could
               not
               doe
               without
               great
               prejudice
               .
               That
               the
               Pope
               would
               cause
               them
               shortly
               to
               proceed
               to
               the
               last
               Session
               ;
               wherein
               it
               must
               be
               determined
               ,
               whether
               this
               Councell
               shall
               bee
               taken
               for
               a
               continuation
               of
               the
               first
               ,
               or
               for
               a
               new
               one
               :
               That
               if
               it
               be
               concluded
               to
               be
               the
               same
               Councell
               ,
               (
               as
               they
               are
               all
               inclined
               that
               way
               )
               the
               French
               Ambassadours
               ,
               who
               ever
               refused
               to
               admit
               of
               the
               first
               ,
               should
               hereby
               receive
               a
               great
               blemish
               ;
               and
               the
               proceedings
               of
               King
               Henry
               ,
               who
               protested
               against
               it
               ,
               should
               be
               condemned
               .
            
          
           
             14
             These
             and
             other
             le●ters
             by
             me
             quoted
             ,
             which
             I
             have
             seene
             ,
             remaine
             in
             the
             hands
             of
             good
             Catholiques
             ,
             who
             will
             be
             ready
             to
             produce
             them
             upon
             occasion
             ,
             with
             many
             other
             memorable
             acts
             concerning
             this
             subject
             .
          
        
         
           
             CHAP.
             VII
             .
             That
             the
             place
             where
             the
             Councell
             was
             held
             was
             not
             free
             .
          
           
             IT
             is
             urged
             moreover
             ,
             that
             the
             place
             of
             the
             Councell
             was
             not
             free
             and
             safe
             :
             and
             that
             the
             suit
             being
             commenced
             against
             the
             protestants
             of
             Germany
             ,
             the
             Councell
             should
             have
             been
             called
             within
             that
             country●
             according
             to
             the
             r●quest
             exhibited
             by
             the
             body
             of
             the
             States
             of
             Germany
             assembled
             at
             Noremberg
             ,
             whose
             words
             are
             these
             ;
             
             
               They
               cannot
               thinke
               of
               a
               more
               powerfull
               and
               present
               remedy●
               than
               that
               the
               Pope
               ,
               by
               the
               consent
               of
               the
               Emperour
               ,
               call
               a
               free
               Councell
               in
               some
               convenient
               place
               of
               the
               Empire
               ,
               as
               soone
               as
               may
               be
               ;
               as
               at
            
             Strasburgh
             ,
             Mayens
             ,
             Cullen
             ,
             Ments●
             
               or
               at
               some
               other
               place
               convenient
               in
            
             Germany
             .
             In
             r●ference
             to
             this
             ,
             the
             German
             Bishops
             assembled
             in
             an
             imperiall
             Diet
             at
             A●sburg
             1547
             ,
             com●laine
             to
             Pope
             Paul
             the
             third
             ,
             for
             not
             causing
             that
             Councell
             to
             be
             holden
             in
             Germany
             ,
             and
             the
             inconveniences
             that
             followed
             thereupon
             ,
             with
             the
             little
             good
             it
             did
             .
             See
             the
             tenure
             of
             their
             letters
             set
             downe
             by
             Sleidan
             ,
             
             and
             not
             contradicted
             by
             those
             that
             have
             written
             against
             him
             .
          
           
             2
             Whereupon
             the
             Bishops
             of
             Germany
             sent
             letters
             unto
             him
             the
             14.
             of
             September
             ,
             whereby
             they
             certified
             him
             of
             the
             State
             and
             danger
             of
             Germany
             ,
             and
             said
             ,
             it
             might
             have
             beene
             prevented
             ,
             if
             in
             good
             time
             the
             remedy
             had
             been
             applyed
             by
             a
             generall
             Councell
             ,
             to
             the
             disease
             ,
             when
             it
             was
             first
             a
             breeding
             :
             for
             which
             Councell
             they
             had
             often
             importuned
             the
             Emperour
             ,
             that
             he
             would
             procure
             so
             much
             as
             that
             it
             might
             bee
             kept
             within
             the
             confines
             of
             the
             Empire
             ;
             that
             so
             the
             Bishops
             of
             the
             country
             ,
             who
             were
             princi●ally
             concerned
             in
             it
             ,
             might
             be
             there
             .
             For
             considering
             ,
             their
             jurisdiction
             is
             of
             such
             a
             large
             extent
             ,
             it
             would
             be
             very
             inconvenient
             for
             them
             to
             travaile
             out
             of
             their
             countrey
             ,
             especially
             at
             this
             time
             .
             Finally
             ,
             by
             diligence
             of
             the
             Emperour●
             when
             there
             wa●
             not
             a
             living
             soule
             to
             be
             found
             at
             Mantua
             ,
             nor
             Vicenza
             ,
             the
             Councell
             was
             concluded
             upon
             and
             begun
             ;
             but
             without
             the
             bounds
             of
             Germany
             ;
             namely
             at
             Trent
             ,
             which
             belongs
             rather
             to
             Italy
             .
             This
             was
             the
             reason
             there
             were
             so
             few
             Germans
             the●e
             ;
             nor
             indeed
             could
             they
             bee
             ;
             especially
             in
             a
             time
             of
             war
             ,
             when
             all
             the
             passages
             were
             stopped
             and
             guarded
             .
          
           
           
             3
             The
             Protestants
             also
             have
             ever
             made
             the
             like
             demand
             ,
             in
             many
             severall
             assemblies
             of
             Germany
             :
             namely
             ,
             that
             there
             might
             bee
             a
             free
             Councell
             ;
             
             and
             that
             it
             might
             be
             held
             in
             some
             imperiall
             City
             of
             Germany
             ;
             as
             well
             for
             the
             liberty
             ,
             as
             for
             the
             convenience
             .
             And
             besides
             ,
             because
             the
             differences
             in
             religion
             were
             borne
             there
             .
          
           
             4
             I
             will
             set
             downe
             only
             what
             they
             say
             in
             a
             letter
             writ
             by
             them
             to
             the
             Emperour
             Charles
             the
             fifth
             ,
             dated
             August
             the
             11.
             1546.
             
             
               Any
               body
            
             (
             say
             they
             )
             
               may
               easily
               see
               and
               perceive
               that
               this
               is
               none
               of
               the
               Councell
               ,
               with
               the
               vaine
               hopes
               and
               promises
               whereof
               you
               have
               a
               long
               time
               fed
               us
               in
               many
               Diets
               :
               to
               wit
               ,
               of
               a
               generall
               ,
               Christian
               ,
               and
               free
               Councell
               ;
               and
               that
               it
               should
               be
               in
            
             Germany
             ;
             
               as
               wee
               and
               our
               associats
               in
               religion
               have
               made
               remonstrance
               to
               your
               Majestie
               in
               the
               last
               Diet
               at
            
             Worms
             .
          
           
             5
             The
             King
             of
             England
             demanded
             likewise
             ,
             that
             the
             Councell
             might
             bee
             in
             a
             place
             free
             and
             safe
             ,
             out
             of
             the
             Popes
             dominions
             .
             And
             when
             hee
             understood
             that
             Italy
             was
             the
             place
             assigned
             ,
             he
             protested
             against
             it
             as
             null
             ,
             in
             the
             yeere
             1537.
             
             
               His
               life
               lyes
               at
               stake
               (
               saith
               he
               )
               that
               dares
               reprove
               the
               Pope
               ,
               
               and
               accuse
               him
               to
               his
               face
               ,
               unlesse
               it
               bee
               in
               a
               lawfull
               Councell
               :
               nor
               he
               nor
               his
               are
               secured
               by
               safe
               conduct
               .
               And
               say
               he
               were
               ,
               there
               are
               apparent
               dangers
               and
               good
               reason
               why
               he
               should
               not
               come
               there
               ;
               for
               it
               is
               no
               new
               thing
               with
               the
               Popes
               to
               violate
               their
               faith
               to
               staine
               ,
               and
               imbrue
               themselves
               in
               the
               bloud
               of
               innocents
               :
               and
               howsoever
               others
               may
               safely
               go
               thither
               ,
               for
               his
               part
               he
               could
               not
               ,
               for
               evident
               reasons
               :
               For
               the
               Pope
               lyes
               in
               wait
               for
               him
               ,
               and
               hates
               him
               mortally
               .
            
          
           
             6
             The
             King
             of
             France
             made
             the
             like
             instance
             ,
             in
             the
             protestation
             which
             he
             sent
             to
             Trent
             ,
             and
             was
             presented
             by
             Monsieur
             
               Iames
               Amiot
            
             ,
             Abbat
             of
             Bellosane
             ,
             the
             first
             of
             September
             1551.
             
             For
             after
             he
             had
             made
             rehearsall
             of
             the
             war
             ,
             which
             the
             Pope
             had
             raised
             up
             against
             him
             ;
             hee
             shewes
             ,
             
             
               That
               he
               could
               not
               send
               the
               Bishops
               of
               his
               Realme
               unto
               the
               Councell
               ,
               seeing
               they
               could
               not
               have
               free
               and
               safe
               accesse
               .
            
             Now
             this
             demand
             of
             the
             freedome
             and
             safety
             of
             the
             place
             is
             no
             new
             thing
             ,
             but
             hath
             been
             put
             up
             at
             other
             times
             upon
             the
             like
             occasion
             .
             The
             Vniversity
             of
             Paris
             in
             the
             act
             of
             their
             appeal
             (
             whereof
             we
             spoke
             before
             )
             makes
             expresse
             mention
             of
             the
             safety
             of
             the
             place
             to
             which
             the
             appeal
             should
             be
             brought
             .
             The
             Fathers
             in
             the
             second
             Pisan
             Councell
             ,
             offer
             Pope
             Iulius
             the
             second
             ,
             to
             submit
             themselves
             to
             a
             Councell
             of
             his
             calling
             ,
             but
             not
             in
             Rome
             ,
             as
             he
             would
             have
             it
             ;
             but
             in
             some
             other
             free
             place
             ,
             where
             they
             needed
             not
             feare
             :
             Yea
             ,
             they
             named
             ten
             Cities
             to
             him
             in
             severall
             places
             of
             Christendome
             ,
             that
             he
             might
             make
             choise
             of
             one
             ;
             or
             they
             would
             give
             him
             his
             choice
             to
             name
             ten
             in
             Italy
             ;
             so
             they
             were
             not
             under
             his
             jurisdiction
             nor
             under
             the
             Venetians
             .
          
           
             7
             The
             delegates
             sent
             to
             the
             Pope
             at
             Rome
             by
             the
             same
             Councell
             ,
             according
             to
             the
             commission
             which
             was
             given
             them
             ;
             made
             proffer
             to
             the
             Colledge
             of
             Cardinals
             ,
             of
             all
             peace
             ,
             unity
             and
             obedience
             ;
             alwayes
             provided
             they
             should
             agree
             of
             a
             common
             place
             of
             safety
             ,
             and
             which
             stood
             neuter
             ,
             for
             the
             celebration
             of
             a
             generall
             Councell
             ;
             the
             city
             of
             Rome
             being
             much
             suspected
             both
             by
             them
             and
             many
             more
             .
             But
             it
             is
             fitting
             we
             here
             translate
             word
             for
             word
             ,
             the
             reasons
             which
             were
             urged
             by
             that
             same
             Councell
             of
             Pisa
             in
             their
             apology
             against
             the
             Pope
             and
             Cardinals
             ,
             who
             were
             obstinatly
             bent
             to
             have
             the
             Councell
             in
             the
             city
             of
             Rome
             .
          
           
             8
             
               God
               forbid
               we
               should
               thinke
               the
               Lateran
               a
               safe
               place
               to
               meet
               in
               ,
               and
               treat
               of
               the
               affaires
               of
               the
               Church
               ,
               
               with
               safety
               and
               truth
               .
               Wee
               much
               suspect
               there
               are
               some
               ambushes
               lurking
               in
               the
               Lateran
               :
               and
               therefore
               from
               henceforth
               ,
               we
               do
               most
               resolutely
               and
               earnestly
               refuse
               it
               ,
               a●
               a
               place
               notoriously
               and
               evidently
               suspect
               ;
               as
               dreadfull
               and
               dangerous
               to
               our
               lives
               ,
               especially
               now
               when
               we
               stand
               upon
               other
               protestations
               .
               We
               confesse
               indeed
               ,
               and
               that
               confidently
               ;
               that
               place
               i●
               very
               fitting
               and
               most
               safe
               for
               projectors
               :
               there
               are
               a
               
               great
               number
               of
               men
               ,
               
               well
               furnished
               both
               foot
               and
               horse
               :
               there
               are
               strong
               forts
               ,
               a
               navy
               not
               farre
               off
               :
               And
               lastly
               ,
               the
               City
               it selfe
               ,
               with
               the
               adjacent
               people
               trained
               up
               in
               armes
               ,
               and
               accustomed
               to
               the
               warres
               ,
               all
               at
               the
               Popes
               devotion
               .
               There
               are
               Captaines
               which
               make
               but
               small
               reckoning
               of
               Cardinals
               and
               Prelates
               ,
               when
               it
               is
               the
               Popes
               pleasure
               :
               And
               the
               Cardinals
               being
               already
               possessed
               with
               this
               feare
               ,
               are
               not
               in
               case
               to
               counsell
               what
               is
               true
               ,
               but
               what
               will
               please
               .
               Nay
               there
               is
               not
               a
               man
               alive
               ,
               but
               will
               take
               his
               oath
               without
               scruple
               ,
               that
               the
               place
               designed
               at
               Rome
               ,
               is
               full
               of
               treacheries
               ,
               and
               very
               dangerous
               ,
               both
               for
               those
               who
               called
               the
               Councell
               at
               Pisa
               ,
               and
               all
               those
               that
               were
               present
               there
               .
               And
               we
               know
               nothing
               in
               all
               the
               world
               so
               certaine
               ,
               but
               is
               lesse
               certaine
               than
               what
               wee
               said
               before
               .
               If
               then
               the
               comming
               into
               the
               City
               at
               this
               time
               ,
               be
               generally
               reputed
               and
               esteemed
               to
               bee
               with
               the
               great
               hazard
               of
               the
               lives
               of
               the
               Fathers
               ;
               this
               refusall
               ought
               not
               to
               bee
               offensive
               .
               For
               what
               man
               is
               hee
               (
               as
               Clement
               the
               fifth
               said
               )
               that
               will
               easily
               come
               before
               a
               judge
               guarded
               with
               a
               strong
               army
               ?
               Who
               durst
               ,
               or
               could
               bee
               thought
               to
               appeare
               willingly
               before
               him
               ,
               and
               put
               himselfe
               into
               their
               clutches
               ,
               whose
               violence
               he
               hath
               good
               reason
               to
               be
               afraid
               of
               ?
               Which
               is
               a
               thing
               to
               be
               feared
               of
               right
               ,
               and
               which
               we
               usually
               eschew
               ,
               which
               reason
               enforceth
               us
               to
               doe
               ,
               and
               which
               nature
               abhorreth
               .
               As
               for
               the
               Popes
               faire
               words
               in
               offering
               us
               safe
               conduct
               ,
               and
               his
               promise
               to
               receive
               and
               intertaine
               us
               courteously
               ,
               and
               lovingly
               ,
               these
               will
               not
               serve
               either
               to
               remove
               ,
               or
               lessen
               the
               just
               feares
               which
               possesse
               the
               minds
               of
               the
               Fathers
               .
               For
               what
               faith
               and
               promise
               can
               be
               made
               with
               more
               solemnity
               ,
               than
               that
               of
               the
               Conclave
               ,
               confirmed
               by
               vow
               and
               oath
               ,
               and
               that
               in
               forme
               of
               a
               contract
               ?
               Yet
               the
               late
               creation
               of
               Cardinals
               ,
               whose
               liberties
               were
               not
               preserved
               ,
               doth
               give
               sufficient
               testimony
               how
               it
               was
               kept
               .
               But
               suppose
               we
               were
               in
               hopes
               that
               his
               Holynesse
               will
               keepe
               his
               promise
               with
               an
               upright
               heart
               ,
               without
               suffering
               himselfe
               to
               be
               transported
               either
               with
               hate
               or
               choler
               :
               how
               can
               the
               Fathers
               be
               assured
               in
               their
               hearts
               ,
               when
               they
               looke
               backe
               upon
               things
               by-past
               ,
               though
               his
               Holynesse
               should
               not
               be
               touched
               with
               indignation
               ?
               Popes
               are
               men
               ,
               and
               God
               saith
               ,
               there
               are
               twelve
               houres
               of
               the
               day
               :
               Who
               will
               secure
               us
               against
               the
               infinite
               number
               of
               persons
               which
               depend
               upon
               the
               Pope
               ?
               against
               the
               injuries
               and
               affronts
               of
               those
               lewd
               people
               ,
               which
               swarme
               in
               the
               Court
               of
               Rome
               ?
               The
               intolerable
               wrongs
               ,
               the
               cruell
               insolencies
               ,
               the
               horrid
               and
               unheard-of
               butchering
               ,
               which
               some
               Fathers
               have
               suffered
               that
               followed
               the
               Court
               ,
               are
               a
               sufficient
               item
               to
               us
               ,
               and
               make
               us
               more
               wary
               .
               Not
               to
               goe
               far
               for
               examples
               ,
               the
               Pope
               himselfe
               ,
               when
               hee
               was
               but
               yet
               of
               an
               inferiour
               order
               ,
               hath
               sufficiently
               instructed
               us
               ,
               how
               far
               wee
               may
               rely
               upon
               the
               safe
               conducts
               of
               the
               Court
               ;
               (
               from
               which
               there
               is
               no
               appeal
               )
               for
               he
               was
               wont
               to
               say
               ,
               It
               is
               a
               great
               peece
               of
               folly
               to
               change
               life
               and
               liberty
               ,
               with
               the
               skin
               of
               a
               dead
               beast
               :
               that
               is
               ,
               with
               a
               parchment
               of
               safe
               conduct
               .
               It
               will
               be
               hard
               for
               him
               to
               make
               others
               beleeve
               what
               himselfe
               was
               so
               resolute
               not
               to
               beleeve
               ,
               and
               that
               for
               so
               long
               a
               time
               .
               Which
               indeed
               stands
               with
               good
               reason
               ;
               for
               even
               Innocent
               the
               fourth
               tels
               us
               ,
               that
               no
               man
               is
               bound
               to
               put
               himselfe
               into
               the
               power
               of
               his
               enemy
               with
               letters
               of
               safe
               conduct
               .
               Hereupon
               the
               former
               Popes
               ,
               after
               they
               had
               got
               Armies
               ,
               Garisons
               ,
               and
               Cittadels
               into
               Rome
               ,
               were
               wont
               to
               assemble
               Councels
               in
               other
               places
               ,
               rather
               than
               there
               .
               And
               if
               there
               be
               no
               more
               liberty
               allowed
               to
               the
               Senat
               ,
               than
               what
               they
               now
               have
               ,
               if
               the
               Popes
               doe
               not
               take
               another
               course
               of
               life
               and
               government
               ,
               than
               they
               doe
               ,
               no
               man
               can
               ever
               thinke
               that
               in
               such
               kinde
               ,
               of
               Ecclesiasticall
               liberty
               as
               this
               ,
               there
               is
               any
               fit
               and
               convenient
               place
               for
               receiving
               the
               Holy
               Ghost
               ,
               who
               doth
               usually
               reside
               in
               free
               so●les
               assembled
               in
               a
               Councell
               .
               Seeing
               then
               that
               the
               exception
               against
               the
               place
               is
               proved
               to
               be
               lawfull
               by
               all
               right
               and
               reason
               ;
               seeing
               the
               profer
               of
               safe
               conduct
               cannot
               in
               right
               and
               reason
               remove
               the
               just
               feare
               ,
               which
               is
               such
               as
               may
               bee
               incident
               to
               men
               of
               fortitude
               ;
               
               would
               to
               God
               those
               projectors
               would
               make
               no
               more
               mention
               of
               the
               place
               of
               the
               Lateran
               :
               
               for
               by
               standing
               so
               peremptori●y
               upon
               the
               difficulty
               and
               difference
               of
               place
               ,
               they
               give
               no
               small
               occasion
               of
               sus●ition
               ,
               that
               they
               doe
               not
               so
               much
               desire
               that
               the
               Synod
               should
               be
               held
               at
               the
               Lateran
               ,
               as
               to
               hinder
               the
               holding
               of
               it
               at
               Pisa
               or
               elsewhere
               .
            
          
           
             10
             All
             the
             reasons
             alledged
             in
             this
             Apology
             are
             very
             pat
             for
             the
             Protestants
             .
             They
             alwayes
             demanded
             ,
             that
             the
             Councell
             might
             be
             kept
             in
             Germany
             this
             demand
             was
             repeated
             in
             all
             the
             Diets
             h●lden
             in
             those
             dayes
             .
             The
             C●tholique
             Princes
             and
             States
             of
             Germany
             made
             the
             same
             request
             to
             Pope
             Adrian
             the
             6●
             in
             the
             Diet
             of
             Noremberg
             ,
             (
             as
             we
             said
             before
             )
             but
             there
             was
             ●o
             w●y
             to
             compasse
             it
             .
             The
             Pope
             hath
             not
             yet
             forgot
             the
             Councels
             of
             Constance
             and
             Basil.
             He
             thinkes
             Germany
             is
             fatall
             to
             him
             ;
             but
             the
             worst
             is
             ,
             he
             will
             not
             b●●ge
             out
             of
             Italy
             .
             One
             while
             he
             will
             have
             it
             at
             Mantua
             ,
             anon
             at
             Vicenza
             ,
             t●en
             at
             Trent●
             afterwards
             at
             Bonony
             ,
             lastly
             at
             Trent●
             but
             still
             in
             Italy
             .
             For
             it
             cannot
             be
             denied
             but
             Trent
             is
             in
             Italy
             ,
             although
             in
             the
             description
             of
             it
             at
             the
             beginning
             of
             the
             Councell
             it
             is
             said
             to
             be
             in
             the
             confines
             of
             Italy
             and
             Germany
             .
             All
             antiquity
             puts
             it
             in
             
               Italy
               .
               Ortelius
            
             in
             his
             Theater
             of
             Geography●
             puts
             it
             in
             the
             map
             of
             Italy
             .
             This
             City
             was
             otherwise
             no
             lesse
             formidable
             to
             the
             Protestants
             than
             Rom●
             was
             to
             the
             Pisan
             Fathers
             .
             The
             Bishop
             was
             Lord
             of
             the
             Towne
             ,
             and
             the
             Pope
             of
             the
             Bishop
             ;
             who
             had
             taken
             an
             oath
             of
             him
             ,
             and
             was
             bound
             unto
             him
             b●
             a
             red
             hat
             which
             he
             received
             from
             him
             .
             Besides
             ,
             it
             is
             a
             City
             subject
             to
             treacheries
             and
             ambushments
             ,
             the
             places
             thereabouts
             being
             at
             the
             Popes
             devotion
             .
             The
             denyall
             of
             having
             the
             Councell
             kept
             in
             Germ●ny
             ,
             or
             any
             other
             pla●e
             of
             free
             accesse
             ,
             breeds
             a
             suspicion
             of
             fraud
             and
             false-dealing
             .
             As
             for
             safe
             conduct
             ,
             that
             was
             offered
             here
             also
             ;
             but
             if
             they
             of
             Pisa
             could
             not
             rely
             upon
             it
             ,
             much
             lesse
             the
             Protestants
             ;
             especially
             so
             long
             as
             the
             memory
             of
             
               Iohn
               H●●
            
             and
             Ierom
             of
             Prague
             was
             not
             extinct
             ,
             and
             the
             decree
             of
             the
             Councell
             of
             Constance
             stood
             in
             force
             ;
             which
             saith
             ,
             that
             proces
             must
             bee
             made
             ag●inst
             heretiques
             ,
             notwithstanding
             the
             safe-conduct
             of
             the
             Emperour
             and
             other
             Kings
             :
             and
             some
             shift
             might
             be
             found
             to
             wave
             that
             also
             which
             was
             granted
             by
             the
             Councell
             .
          
           
             11
             There
             needed
             no
             more
             but
             that
             one
             Canon
             ,
             
               Bad
               promises
               must
               be
               broken
            
             ,
             to
             thunder-strike
             all
             heretiques
             ,
             notwithstanding
             their
             safe
             conduct
             ;
             and
             that
             rule
             which
             is
             given
             us
             by
             Boniface
             the
             eighth
             ,
             
               It
               is
               not
               necessary
               for
               a
               man
               to
               keepe
               his
               word
               in
               unlawfull
               promises
               .
            
             And
             God
             knowes
             there
             was
             no
             w●n●
             of
             such
             Doctors
             as
             would
             put
             such
             a
             glosse
             on
             those
             decrees
             as
             would
             best
             suit
             with
             the
             point
             in
             question
             .
             For
             is
             there
             any
             thing
             worse
             than
             a
             here●ique
             ?
             to
             communicate
             and
             converse
             with
             them
             ,
             
             is
             it
             not
             a
             kinde
             of
             contract
             is
             it
             not
             a●
             obligation
             ?
             The
             Canonists
             advise
             us
             not
             to
             trust
             too
             farre
             to
             such
             safe
             conducts
             ,
             and
             excuse
             them
             that
             take
             their
             councell
             ,
             from
             all
             defaults
             that
             they
             can
             incurre
             ;
             acquitting
             them
             from
             all
             sentences
             and
             proces
             made
             against
             them
             ,
             which
             they
             brand
             with
             a
             nullity
             .
          
           
             12
             When
             the
             great
             schisme
             was
             in
             the
             time
             of
             the
             Emperour
             Sigismond
             ,
             for
             the
             appeasing
             whereof
             the
             Councell
             of
             Constance
             was
             called
             ,
             th●re
             was
             a
             great
             deale
             of
             ceremony
             about
             chusing
             the
             place
             .
             That
             very
             point
             was
             held
             so
             materiall
             ,
             that
             the
             winning
             or
             losing
             of
             the
             cause
             was
             thought
             to
             depend
             upon
             it
             .
             
             
               They
               agreed
               well
               enough
               of
               the
               time
            
             (
             so
             the
             Germane
             Chronicl●s
             )
             
               but
               a
               great
               controversie
               there
               was
               about
               the
               place
               .
               The
               Popes
               perceived
               well
               enough
               that
               the
               place
               was
               all
               in
               all
               ,
               and
               no
               question
               but
               he
               of
            
             Rome
             
               had
               beene
               cast
               ,
               had
               it
               beene
               in
               any
               place
               that
               acknowledged
               him
               of
            
             France
             
               for
               the
               true
               Pope
               ;
               and
               on
               the
               contrary
               ,
               the
            
             French
             
               Pope
               deposed
               ,
               if
               in
               a
               place
               where
               the
            
             Romane
             
               was
               taken
               for
               th●
               lawfull
               Pope
               .
               And
               therefore
               they
               contended
               a
               long
               time
               about
               the
               place
               Pope
            
             Iohn
             
               did
               wisely
               dissemble
               ,
               and
               not
               communicate
               his
               counsell
               save
               to
               one
               or
               two
               ;
               his
               chiefe
               care
               was
               that
               it
               might
               not
               be
               in
               any
               place
               where
               the
               Emperour
               was
               the
               stronger
               party
               .
               Which
               notwithstanding
               fell
               out
               against
               his
               will
               ,
               which
               almost
               
               made
               him
               to
               despaire
               .
            
             
             
               The
               Legats
               being
               returned
               to
               the
               Pope
               ,
            
             (
             say
             those
             Chronicles
             ,
             meaning
             Iohn
             the
             three
             and
             twentieth
             )
             
               and
               having
               certified
               him
               of
               the
               place
               of
               the
               Councell
               ,
               which
               was
               agreed
               upon
               ,
               he
               had
               like
               to
               have
               gone
               mad
               by
               reason
               of
               the
               excessive
               griefe
               he
               conceived
               thereupon
               ,
               and
               cryed
               out
               hee
               was
               undone
               ,
               and
               began
               to
               cast
               about
               for
               the
               alte●ing
               of
               it
               .
               But
               all
               his
               counsellors
               lying
               their
               heads
               together
               could
               never
               invent
               a
               pretence
               faire
               enough
               to
               bring
               that
               about
               .
               Nauclerus
            
             hath
             the
             very
             same
             in
             a
             manner
             ,
             who
             brings
             in
             the
             testimony
             of
             Aretin
             in
             this
             sort
             :
          
           
             
             13
             
               We
               must
               not
               omit
               (
               saith
               
                 Leonard
                 Aretin
              
               )
               a
               memorable
               accident
               which
               f●ll
               out
               then
               ,
               whence
               we
               may
               learne
               that
               all
               things
               are
               disposed
               from
               above●
               The
               Pope
               (
               saith
               he
               )
               had
               secretly
               imparted
               unto
               me
               his
               intention
               and
               designe
               ,
               (
               he
               was
               the
               Popes
               Secretary
               )
               saying
               unto
               me
               ,
               All
               depends
               upon
               the
               place
               of
               the
               Councell
               ,
               I
               will
               not
               have
               it
               in
               a
               place
               where
               the
               Emperour
               is
               stronger
               than
               I
               ,
               wherefore
               I
               will
               give
               a
               large
               commission
               and
               authority
               to
               the
               Legats
               whom
               I
               shall
               send
               for
               fashion
               sake
               ,
               which
               they
               may
               shew
               in
               publique
               ;
               but
               in
               private
               I
               will
               restraine
               their
               power
               to
               certaine
               places
               ;
               and
               he
               told
               me
               the
               number
               of
               them
               .
               Persisting
               many
               dayes
               in
               this
               minde
               ,
               the
               time
               came
               that
               he
               must
               dispatch
               the
               Legats
               .
               Then
               having
               caused
               all
               other
               to
               avoid
               the
               roome
               ,
               my selfe
               onely
               excepted
               (
               saith
               Leonard
               )
               he
               communed
               secretly
               with
               the
               Legats
               ,
               and
               exhorted
               them
               with
               many
               arguments
               to
               be
               diligent
               in
               performing
               the
               charge
               of
               their
               legation
               ;
               representing
               unto
               them
               how
               the
               businesse
               th●y
               were
               sent
               about
               was
               of
               great
               importance
               :
               then
               coming
               to
               curry
               favour
               with
               them
               he
               commended
               their
               discretion
               and
               fidelity
               ,
               saying
               ,
               they
               knew
               better
               what
               was
               fitting
               to
               be
               done
               than
               he
               himselfe
               did
               .
               While
               hee
               was
               speaking
               and
               repeating
               these
               things
               ,
               his
               affection
               did
               alter
               in
               a
               moment
               a
               plot
               which
               was
               long
               before
               intended
               .
               I
               had
               purposed
               (
               said
               the
               Pope
               )
               to
               nominate
               some
               places
               ,
               to
               which
               and
               no
               other
               you
               should
               condiscend
               ;
               but
               I
               have
               changed
               my
               minde
               at
               this
               very
               instant
               ,
               and
               leave
               all
               to
               your
               discretion
               :
               consider
               with
               your selves
               what
               will
               be
               safest
               for
               me
               ,
               and
               what
               I
               need
               be
               afraid
               of
               .
               Then
               in
               their
               presence
               hee
               tore
               the
               Paper
               wherein
               the
               names
               of
               those
               places
               were
               writ
               ,
               without
               naming
               any
               place
               at
               all
               to
               them
               .
               The
               Legats
               being
               dispatched
               towards
               Sigismond
               ,
               pitched
               upon
               the
               City
               of
               Constance
               for
               the
               place
               of
               the
               Councell
               ,
               which
               was
               within
               the
               Emperours
               dominions
               .
               But
               when
               Pope
               Iohn
               heard
               of
               it
               ,
               you
               would
               not
               thinke
               how
               he
               was
               grieved
               at
               it
               ;
               hee
               cursed
               himselfe
               and
               his
               fortunes
               .
               But
               there
               is
               no
               resisting
               of
               the
               will
               of
               God
               :
               God
               had
               ordained
               long
               before
               that
               there
               should
               be
               but
               one
               ●●ock
               ,
               and
               one
               shepheard
               .
            
          
           
             14
             Amongst
             other
             nullities
             ,
             the
             States
             of
             Germany
             assembled
             in
             the
             Diet
             at
             Francford
             the
             yeere
             1338.
             doe
             urge
             against
             the
             sentence
             and
             proceeding
             of
             Pope
             Iohn
             the
             22.
             and
             his
             Councel
             ,
             concerning
             the
             excommunication
             of
             Lewes
             the
             fi●th
             ,
             the
             little
             safety
             in
             the
             place
             appointed
             for
             the
             Emperour
             to
             make
             his
             appearance
             at
             .
             
               That
               the
               citation
            
             (
             say
             they
             in
             a
             Decree
             which
             runnes
             in
             the
             Emperours
             name
             )
             
               binde
               the
               party
               assigned
               to
               appeare
               ,
            
             
             
               it
               is
               requisite
               there
               bee
               a
               time
               appointed
               him
               ,
               and
               that
               the
               place
               where
               he
               is
               to
               make
               his
               appearance
               be
               safe
               .
               But
               it
               is
               notoriously
               knowne
               that
               this
               same
            
             Iohn
             
               doth
               beare
               a
               capitall
               hatred
               to
               us
               ,
               and
               hath
               with
               an
               army
               of
               souldiers
               pursued
               us
               ,
               our
               liegemen
               and
               confederates
               .
               Besides
               ,
               the
               City
               of
            
             Avignon
             ,
             
               the
               Pope
               himselfe
               ,
               and
               the
               Lord
               of
               it
               ,
               have
               a
               long
               time
               hated
               both
               us
               and
               the
            
             Romane
             
               Empire
               ;
               wherefore
               it
               were
               senslesse
               for
               any
               man
               to
               say
               that
               such
               a
               summons
               was
               Canonicall
               :
               for
               on
               the
               contrary
               ,
               it
               is
               utterly
               void
               and
               invalid
               in
            
             a
             law
             .
          
           
             13
             The
             authority
             of
             b
             Clement
             the
             fifth
             may
             serve
             to
             prove
             ,
             that
             those
             who
             are
             summoned
             need
             not
             appeare
             but
             in
             a
             place
             of
             safety
             ,
             in
             as
             much
             as
             his
             disanulling
             of
             the
             sentence
             of
             condemnation
             pronounced
             by
             the
             Emperour
             Henry
             the
             sixt
             against
             Robert
             King
             of
             Sicily
             ,
             was
             mainly
             grounded
             upon
             this
             very
             
             consideration
             .
             
             
               It
               is
               a
               thing
               evident
               and
               unquestionable
               ,
            
             (
             saith
             he
             )
             
               that
               during
               the
               time
               of
               this
               proces
               and
               quarrell
               ,
               even
               then
               when
               the
               sentence
               was
               given
               ,
               there
               was
               alwayes
               a
               great
               army
               about
               the
               Emperour
               ,
               that
               pursued
               the
               King
               and
               his
               partakers
               with
               mortall
               hatred
               ,
               and
               that
               the
               City
               of
            
             Pisa
             ,
             
               where
               the
               sentence
               was
               given
               ,
               had
               an
               ancient
               grudge
               against
               the
               said
               King
               ,
               as
               every
               body
               knowes
               .
               Supposing
               then
               ,
               that
               the
               King
               was
               lawfully
               cited
               upon
               those
               grounds
               by
               the
               Emperor
               ,
               was
               he
               bound
               to
               come
               before
               a
               judge
               that
               was
               accompanied
               with
               a
               great
               army
               ?
               one
               that
               hated
               and
               was
               incensed
               against
               the
               party
               summoned
               ,
               as
               was
               said
               before
               ?
               Was
               he
               bound
               to
               appeare
               in
               a
               populous
               place
               ,
               of
               great
               strength
               ,
               and
               which
               bore
               hatred
               towards
               him
               ?
               who
               durst
               doe
               so
               ?
               or
               by
               what
               r●ason
               should
               any
               man
               be
               bound
               to
               bide
               his
               doome
               in
               such
               a
               Consistory
               ,
               to
               cast
               himselfe
               into
               his
               enemies
               bosome
               ,
               to
               present
               himselfe
               voluntarily
               to
               die
               ,
               and
               that
               for
               no
               just
               cause
               ,
               but
               by
               an
               open
               injury
               :
               He
               were
               a
               foole
               that
               would
               thinke
               such
               a
               citation
               bound
               the
               party
               cited
               to
               make
               appearance
               .
            
          
           
             16
             All
             these
             considerations
             hold
             good
             against
             the
             Councell
             of
             Trent
             .
             For
             besides
             that
             all
             the
             Cardinalls
             ,
             all
             the
             Archbishops
             ,
             Bishops
             ,
             Abbats
             ,
             Priours
             ,
             and
             others
             that
             bore
             place
             in
             it
             ,
             were
             enemies
             to
             the
             Protestants
             ,
             and
             to
             them
             that
             were
             out
             of
             favour
             with
             the
             Pope
             ;
             the
             City
             was
             at
             enmity
             with
             them
             ,
             and
             the
             Lord
             of
             it
             .
             Moreover
             the
             Popes
             armies
             were
             almost
             continually
             abroad
             in
             Campania
             during
             the
             time
             of
             the
             Councell
             ,
             either
             against
             the
             Protestants
             ,
             or
             against
             the
             King
             of
             France
             ,
             or
             upon
             other
             occasions
             ,
             as
             we
             shall
             shew
             anon
             .
          
           
             17
             Nicholas
             the
             first
             ,
             speaking
             of
             the
             suit
             which
             was
             betwixt
             King
             Lotharius
             and
             his
             Queen
             Thieberg
             ,
             
             whom
             he
             put
             away
             from
             him
             ,
             ordaines
             that
             the
             cause
             shall
             bee
             debated
             in
             a
             place
             of
             safety
             ,
             where
             they
             need
             to
             feare
             nothing
             .
             
               Wherefore
               it
               is
               fitting
            
             (
             saith
             he
             )
             
               to
               procure
               such
               a
               place
               where
               the
               force
               of
               a
               multitude
               needs
               not
               to
               be
               feared
               :
            
             And
             the
             glosse
             upon
             it
             ;
             
             
               This
               is
               an
               argument
               that
               the
               judge
               is
               bound
               to
               provide
               a
               place
               of
               judgement
               for
               the
               hearing
               of
               the
               cause
               ,
               where
               the
               parties
               may
               meet
               freely
               and
               safely
               .
            
             Which
             glosse
             is
             approved
             by
             the
             common
             opinion
             of
             the
             Canonists
             .
          
           
             18
             Innocent
             the
             third
             will
             have
             it
             to
             be
             a
             just
             occasion
             of
             appeal
             ,
             when
             the
             party
             is
             appointed
             by
             the
             judge
             ,
             to
             come
             to
             a
             place
             which
             is
             not
             safe
             .
             
               As
               often
            
             (
             saith
             he
             )
             
               as
               you
               shall
               be
               summoned
               before
               any
               judges
               ,
               if
               it
               be
               dangerous
               to
               appeare
               before
               them
               ,
               you
               may
               lawfully
               become
               appellants
               .
            
          
           
             19
             Innocent
             the
             fourth
             speaking
             of
             the
             satisfaction
             which
             he
             offered
             to
             make
             the
             Emperour
             Frederick
             ,
             and
             referred
             it
             to
             be
             determined
             by
             Kings
             ,
             Princes
             ,
             and
             Ecclesiasticall
             persons
             ,
             whom
             he
             offered
             to
             call
             together
             in
             some
             place
             for
             that
             end
             ,
             makes
             expresse
             mention
             of
             the
             safety
             of
             the
             place
             .
             
               Wee
               are
               ready
            
             (
             saith
             he
             )
             
               to
               assemble
               Kings
               ,
               Prelates
               ,
               and
               Princes
               ,
               both
               spirituall
               and
               temporall
               in
               some
               place
               of
               safety
               .
            
             And
             the
             glosse
             upon
             this
             ;
             
               A
               judge
               should
               appoint
               such
               a
               place
               ,
               or
               else
               there
               is
               a
               just
               cause
               of
               appeal
               ,
               although
               it
               bee
               said
               that
               no
               appeal
               shall
               be
               admitted
               .
            
          
           
             20
             Ivo
             Bishop
             of
             Chartres
             complaines
             of
             the
             Popes
             Legat
             ,
             
             because
             he
             had
             chosen
             the
             city
             of
             Bloys
             ,
             there
             to
             decide
             the
             cause
             of
             the
             Clergy
             of
             Chartres
             ;
             who
             could
             not
             repaire
             thither
             with
             safety
             by
             reason
             of
             the
             populacy
             of
             that
             City
             .
          
           
             21
             The
             same
             Bishop
             having
             a
             controversie
             with
             some
             of
             his
             Clergy
             depending
             before
             the
             Archbishop
             of
             Sens
             his
             Metropolitan
             ,
             
             intreats
             him
             to
             appoint
             a
             place
             for
             judgement
             ,
             whither
             they
             might
             goe
             and
             come
             with
             safety
             .
          
           
             22
             The
             Legat
             we
             spoke
             of
             ,
             having
             appointed
             a
             Councell
             ,
             consisting
             of
             French
             Bishops
             ,
             to
             meet
             at
             Sens
             ,
             
             for
             the
             absolution
             of
             King
             Philip
             the
             first
             ,
             from
             the
             excommunication
             which
             was
             darted
             out
             against
             him
             by
             the
             Pope
             ,
             by
             reason
             of
             his
             unlawfull
             marriage
             ,
             hee
             gives
             him
             notice
             ,
             that
             hee
             might
             have
             done
             better
             ,
             to
             have
             proceeded
             to
             that
             absolution
             in
             another
             place
             then
             Sens
             ,
             that
             so
             every
             one
             might
             have
             had
             meanes
             to
             speake
             his
             opinion
             freely
             .
          
           
           
             
             23
             The
             Doctours
             of
             the
             Canon
             law
             doe
             all
             agree
             ,
             that
             an
             exception
             against
             the
             safety
             of
             the
             place
             is
             pertinent
             ,
             and
             ought
             to
             be
             admitted●
             that
             it
             is
             good
             both
             by
             the
             Civill
             law
             ,
             and
             the
             law
             of
             nature
             ,
             that
             a
             man
             summoned
             to
             a
             place
             where
             any
             danger
             threatens
             him
             ,
             is
             not
             bound
             to
             appeare
             ,
             nor
             to
             send
             his
             proctour
             ;
             and
             that
             a
             judge
             is
             bound
             to
             assigne
             the
             parties
             a
             place
             of
             safety
             for
             the
             hearing
             of
             their
             cause
             ,
             
             otherwise
             there
             is
             just
             cause
             of
             appeal
             .
          
        
         
           
             CHAP.
             VIII
             .
             That
             all
             those
             who
             ought
             to
             have
             had
             a
             decisive
             or
             deliberative
             voyce
             in
             the
             Councell
             ,
             were
             not
             called
             .
          
           
             1
             COmplaint
             is
             made
             also
             ,
             that
             all
             those
             who
             ought
             to
             have
             had
             a
             consultative
             or
             deliberative
             voyce
             in
             the
             Councell
             ,
             were
             not
             called
             thereunto
             .
             Paul
             the
             third
             by
             his
             Bull
             ,
             dated
             in
             May
             1542
             ,
             and
             Pius
             the
             fourth
             by
             his
             in
             November
             1560
             ,
             call
             none
             to
             that
             Councell
             to
             deliver
             their
             opinions
             ,
             but
             Cardinals
             ,
             Patriarchs
             ,
             Archbishops
             ,
             Bishops
             ,
             Abbats
             ,
             and
             Generals
             of
             Orders
             .
             They
             doe
             not
             mention
             in
             expresse
             termes
             either
             the
             first
             or
             the
             last
             of
             these
             ,
             but
             yet
             they
             are
             comprehended
             under
             those
             words
             ,
             
               All
               others
               whosoever
            
             ,
             which
             are
             restrained
             to
             them
             alone
             .
             For
             this
             sense
             the
             Popes
             expositors
             put
             upon
             them
             ,
             and
             this
             is
             the
             form
             which
             is
             received
             in
             the
             Church
             of
             Rome
             ;
             witnesse
             Bellarmine
             ,
             
             and
             those
             whom
             he
             urgeth
             .
             Nor
             was
             there
             any
             but
             those
             who
             had
             voices
             in
             the
             Chapter
             of
             the
             Councell
             .
             All
             the
             petty
             Ecclesiastiques
             had
             nothing
             else
             to
             doe
             there
             ,
             but
             to
             pick
             their
             fingers
             ,
             or
             to
             pen
             neat
             speaches
             of
             such
             matters
             as
             were
             there
             treated
             of
             .
             But
             for
             decrees
             ,
             those
             lettice
             were
             not
             for
             their
             lips
             .
             All
             this
             is
             confessed
             by
             the
             Doctors
             themselves
             ;
             yea
             ,
             and
             defended
             too
             .
             The
             Popes
             whom
             I
             named
             ,
             exhort
             those
             whom
             they
             call
             thither
             ,
             that
             they
             should
             not
             faile
             to
             come
             there
             ;
             yea
             ,
             they
             straitly
             injoyne
             them
             by
             vertue
             of
             that
             oath
             which
             they
             have
             taken
             to
             them
             ,
             and
             to
             the
             Holy
             See
             ;
             which
             cannot
             be
             referred
             neither
             to
             Protestants●
             nor
             any
             other
             that
             have
             drawne
             back
             from
             their
             obedience
             to
             him
             ,
             nor
             yet
             to
             Lay
             men
             howsoever
             obedient
             .
          
           
             2
             Hence
             two
             complaints
             arise
             ;
             one
             ,
             that
             the
             Ecclesiastiques
             of
             the
             Protestants
             side
             ,
             being
             they
             could
             not
             have
             a
             deliberative
             voice
             there
             ,
             had
             nothing
             to
             doe
             to
             goe
             thither
             .
             The
             other
             ,
             that
             the
             Laiques
             of
             both
             religions●
             have
             ground
             of
             complaint
             ,
             being
             excluded
             from
             this
             judgement
             .
             As
             for
             the
             first●
             when
             any
             controversie
             arose
             ,
             diverse
             courses
             have
             beene
             taken
             to
             compose
             the
             differences
             in
             religion
             :
             Sometimes
             the
             Emperours
             have
             appointed
             judges
             ,
             before
             whom
             both
             parties
             came
             and
             discussed
             their
             opinions
             freely
             .
             Ph●tinus
             Bishop
             of
             Smyrna
             ,
             being
             accused
             for
             a
             heretique
             by
             the
             Councell
             there
             ,
             was
             afterwards
             admitted
             to
             dispute
             with
             the
             Catholique
             Bishops
             ,
             
             
               In
               which
               dispute
            
             (
             saith
             Sozomen
             )
             
               certaine
               judges
               were
               ordained
               for
               presidents
               of
               the
               Councell
               ,
               who
               from
               that
               time
               forwards
               ,
               were
               accounted
               men
               of
               prime
               rank
               in
               the
               Palace
               ,
               both
               for
               knowledge
               and
               dignity
               ,
            
             After
             many
             objections
             and
             answers
             pro
             and
             
               con
               ;
               Basil
            
             ,
             Bishop
             of
             Ancyra
             ,
             who
             defended
             the
             doctrine
             of
             the
             Catholiques
             ,
             got
             
             the
             victory
             ;
             
               and
               Photinus
            
             was
             condemned
             and
             sent
             into
             banishment
             .
             
             At
             the
             generall
             Councell
             of
             Chalcedon
             ,
             which
             consisted
             of
             six
             hundred
             Bishops
             ,
             there
             were
             diverse
             officers
             of
             the
             Emperours
             Valentinian
             and
             Marcian
             ;
             and
             a
             good
             number
             of
             Senators
             that
             came
             to
             preside
             there
             ;
             yea
             ,
             and
             to
             judge
             of
             all
             differences
             and
             controversies
             ,
             
             even
             such
             as
             concerned
             faith
             and
             religion●
             who
             behaved
             themselves
             so
             ,
             that
             in
             some
             points
             they
             swayed
             that
             great
             company
             of
             Bishops
             by
             their
             advice
             .
             As
             we
             have
             observed
             more
             particularly
             in
             the
             title
             of
             the
             presidency
             in
             Councels
             .
             Honorius
             the
             Emperour
             ,
             to
             lay
             the
             quarrels
             that
             were
             in
             his
             time
             between
             the
             Catholiques
             &
             the
             Donatists
             in
             Africk
             ,
             
             called
             them
             all
             together
             at
             Carthage
             ,
             and
             deputed
             Marcellinus
             ,
             one
             of
             his
             officers
             to
             bee
             judge
             ;
             who
             after
             hee
             had
             heard
             all
             along
             the
             reasons
             on
             both
             sides
             ,
             pronounced
             the
             sentence
             of
             condemnation
             against
             the
             Donatists
             .
             Wherein
             he
             saith
             amongst
             other
             things
             ;
          
           
             3
             
               To
               the
               end
               that
               apparent
               errour
               may
               undergoe
               the
               yoke
               of
               revealed
               truth
               ,
            
             
             
               by
               the
               authority
               of
               this
               present
               Edict
               I
               advise
               all
               men
               of
               what
               condition
               soever
               ,
               landlords
               ,
               stewards
               ,
               and
               farmers
               ,
               as
               well
               which
               hold
               of
               the
               Crowne
               ,
               as
               of
               private
               possessions
               ,
               with
               the
               Ancients
               in
               all
               places
               ,
               that
               ,
               not
               forgetting
               the
               lawes
               ,
               their
               own
               dignity
               ,
               honour
               and
               safeguard
               ,
               they
               doe
               their
               endeavour
               to
               hinder
               all
               Conventicles
               of
               the
               Donatists
               ,
               in
               all
               townes
               whatsoever
               ;
               who
               shall
               be
               bound
               to
               surrender
               up
               to
               the
               Catholiques
               those
               Churches
               which
               I
               allowed
               them
               of
               courtesie
               untill
               the
               day
               of
               sentence
               ,
               without
               commission
               from
               the
               Emperour
               .
            
          
           
             4
             Possidius
             ,
             
             that
             writ
             the
             life
             of
             St.
             Austin
             ,
             reports
             as
             much
             in
             plain
             terms
             .
             
               This
               happened
               mainly
            
             (
             saith
             he
             )
             
               by
               occasion
               of
               the
               conference
               which
               was
               at
            
             Carthage
             
               betweene
               all
               the
               Catholique
               Bishops
               and
               the
            
             Donatists
             ,
             
               by
               the
               command
               of
               the
               Emperour
            
             Honorius
             ,
             
               who
               sent
            
             Marcellinus
             
               the
               Tribune
               into
            
             Africk
             
               to
               be
               judge
               in
               that
               collation
               .
               In
               which
               controversie
               the
            
             Donatists
             ,
             
               being
               throughly
               confuted
               and
               convinced
               of
               errour
               by
               the
               Catholiques
               ,
               were
               condemned
               by
               the
               sentence
               of
               the
               judge
               .
            
             He
             addes
             moreover
             ,
             
               that
               they
               appealed
               from
               that
               sentence
               to
               the
               Emperour
               ,
               and
               that
               they
               were
               afterward
               condemned
               by
               him
               ,
               and
               declared
               heretiques
               .
            
          
           
             5
             Pope
             Miltiades
             also
             with
             some
             other
             Bishops
             ,
             
             had
             passed
             sentence
             in
             that
             cause
             ,
             but
             the
             Donatists
             being
             not
             well
             content
             with
             his
             judgement
             ,
             the
             Emperour
             remitted
             them
             afterwards
             to
             the
             Bishop
             of
             Arles
             ,
             as
             St.
             Austin
             relates
             .
             That
             which
             Cardinall
             Iacobatius
             ,
             a
             stickler
             for
             the
             Popes
             authority
             ,
             saith
             ,
             is
             very
             remarkable
             ,
             that
             lay-men
             were
             sometimes
             admitted
             to
             Councels
             ,
             to
             bee
             judges
             betwixt
             those
             that
             canvassed
             some
             deepe
             point
             .
             
             Hereupon
             (
             saith
             he
             )
             
               in
               a
               Synod
               holden
               in
               a
               Councell
               before
            
             Constantine
             and
             Helena
             ,
             
               where
               it
               was
               disputed
               ,
               whether
               the
            
             Iewish
             
               law
               or
               the
            
             Christian
             
               should
               bee
               preferred
            
             ,
             Craton
             
               the
               Phil●sopher
               who
               would
               not
               possesse
               any
               worldly
               goods
               ,
               and
            
             Zenosimus
             
               who
               never
               received
               present
               from
               any
               one
               in
               the
               time
               of
               his
               Consulship
               ,
               were
               appointed
               for
               judges
               .
            
             With
             which
             doth
             accord
             (
             to
             speake
             it
             by
             the
             way
             ,
             but
             not
             much
             from
             the
             purpose
             )
             that
             saying
             of
             Gerson
             the
             learned
             Chancelour
             of
             
               Paris
               .
               There
               was
               a
               time
               ,
               when
               without
               any
               rashnesse
               or
               prejudice
               to
               faith
               ,
               the
               controversies
               of
               faith
               were
               referred
               to
               the
               judgement
               of
               Pagan
               Philosophers
               ,
               who
               presupposing
               the
               faith
               of
               Christ
               to
               be
               such
               as
               it
               was
               confessed
               to
               be
               ,
               however
               they
               did
               not
               beleeve
               it
               ,
               yet
               they
               knew
               what
               would
               follow
               by
               evident
               and
               necessary
               consequence
               from
               it
               ,
               and
               what
               was
               repugnant
               to
               it
               .
               Thus
               it
               was
               in
               the
               Councell
               of
            
             Nice
             ,
             
               as
               is
               left
               unto
               us
               upon
               record
               .
            
             So
             likewise
             Eutropius
             a
             Pagan
             Philosopher
             was
             chosen
             judge
             betwixt
             Origen
             and
             the
             Marcionites
             ,
             who
             were
             condemned
             by
             him
             .
          
           
             6
             When
             any
             upstart
             opinion
             or
             heresie
             was
             broached
             ,
             
             the
             manner
             was
             to
             proceed
             against
             them
             ,
             by
             assembling
             Councels
             against
             the
             authors
             of
             them
             ;
             whom
             they
             condemned
             ,
             together
             with
             their
             heresies
             ;
             which
             they
             were
             forced
             either
             to
             abjure
             ,
             or
             to
             suffer
             banishments
             and
             other
             punishments
             .
             Hereof
             we
             have
             examples
             in
             store
             ,
             so
             well
             known
             that
             we
             need
             not
             set
             them
             down
             .
          
           
           
             
             7
             Sometime
             they
             had
             free
             Councels
             ,
             unto
             which
             it
             was
             lawfull
             for
             the
             Bishops
             of
             both
             sides
             to
             resort
             ,
             dispute
             ,
             and
             deliver
             their
             opinions
             .
             We
             have
             some
             examples
             hereof
             ,
             which
             would
             suit
             very
             well
             with
             these
             times
             ,
             and
             which
             we
             ought
             to
             imitate
             .
             The
             two
             Emperours
             ,
             Constans
             and
             Constantius
             ,
             the
             one
             a
             Catholique
             ,
             the
             other
             an
             Arrian
             ;
             
             the
             one
             of
             the
             East
             ,
             the
             other
             of
             the
             West
             ,
             to
             decide
             the
             controversies
             in
             religion
             ,
             agreed
             together
             to
             call
             a
             free
             and
             generall
             Councell
             at
             Sardis
             ;
             whither
             all
             the
             Bishops
             of
             both
             parties
             might
             have
             meanes
             to
             repaire
             with
             all
             safety
             .
             Which
             was
             done
             accordingly
             .
             
             
               Then
               was
               there
               a
               generall
               Councell
               appointed
            
             (
             saith
             Socrates
             )
             
               and
               ordained
               that
               all
               should
               repaire
               to
            
             Sardis
             ,
             
               a
               City
               of
            
             Illyrium
             ;
             
               which
               was
               done
               by
               the
               joynt
               consent
               and
               agreement
               of
               t●e
               Emperours
               ;
               the
               one
               having
               required
               so
               much
               by
               his
               letters
               ,
               and
               the
               other
               of
               the
               East
               having
               willingly
               embraced
               the
               motion
               .
               By
               the
               consent
               of
               both
               Emperours
            
             (
             saith
             Sozomen
             )
             
               it
               was
               ordained
               that
               the
               Bishops
               of
               either
               part
               should
               meet
               at
            
             Sardis
             ,
             
             
               a
               City
               of
            
             Illyrium
             
               upon
               the
               day
               appointed
            
             .
          
           
             8
             The
             Councell
             of
             Ariminum
             ,
             consisting
             of
             above
             foure
             hundred
             Bishops
             ,
             almost
             all
             of
             the
             West
             ,
             and
             that
             of
             Seleucia
             of
             above
             an
             hundred
             and
             six
             Eastern
             ,
             both
             holden
             about
             the
             same
             time
             ,
             were
             of
             the
             same
             nature
             with
             this
             .
             For
             all
             the
             Bishops
             ,
             both
             Catholique
             and
             Arrian
             ,
             were
             without
             distinction
             admitted
             thither
             ,
             both
             to
             dispute
             and
             to
             determine
             .
             The
             Bishops
             in
             those
             daies
             were
             not
             sworne
             to
             the
             Pope
             ;
             nor
             did
             he
             take
             upon
             him
             to
             call
             them
             ,
             but
             the
             Emperours
             ,
             who
             summoned
             such
             as
             they
             thought
             good
             .
             This
             manner
             of
             calling
             Councels
             with
             all
             freedome
             ,
             is
             then
             mainly
             required
             when
             the
             number
             of
             beleevers
             on
             both
             sides
             is
             great
             ,
             when
             the
             complaints
             are
             formall
             ,
             and
             when
             there
             are
             some
             ancient
             opinions
             defended
             by
             whole
             Provinces
             and
             Nations
             .
             When
             the
             case
             stands
             thus
             ,
             it
             is
             no
             proceeding
             by
             censures
             and
             condemnations
             ,
             the
             one
             side
             against
             the
             other
             ;
             when
             all
             comes
             to
             all
             ,
             there
             is
             nothing
             got
             by
             that
             .
             But
             then
             they
             must
             take
             a
             faire
             way
             ;
             come
             to
             conferences
             ,
             treaties
             of
             agreement
             and
             arbitration
             .
             This
             course
             was
             taken
             with
             the
             Greek
             Church
             in
             the
             time
             of
             the
             Councell
             of
             Ferrara
             .
             
             The
             Greek
             Bishops
             were
             seated
             amongst
             the
             Latines
             ;
             they
             conferred
             together
             ;
             they
             disputed
             and
             gave
             up
             their
             opinions
             without
             any
             advantage
             the
             one
             over
             the
             other
             ,
             either
             for
             judgement
             or
             number
             ;
             and
             the
             issue
             was
             so
             happy
             ,
             that
             in
             the
             end
             they
             came
             to
             an
             accord
             .
             The
             Popes
             for
             a
             long
             time
             branded
             all
             the
             French
             for
             Heretiques
             ,
             by
             reason
             of
             that
             poore
             Pragmatique
             Sanction
             ,
             which
             hath
             beene
             as
             much
             vexed
             by
             the
             Popes
             since
             ,
             as
             ever
             was
             Psyche
             in
             Apuleius
             by
             offended
             Venus
             .
             Yet
             in
             the
             upshot
             they
             are
             come
             to
             those
             termes
             of
             accord
             ,
             and
             articles
             of
             agreement
             under
             which
             we
             live
             at
             this
             instant
             .
          
           
             9
             Innocent
             the
             fourth
             after
             he
             had
             excommunicated
             the
             Emperour
             Fredericke
             ,
             he
             and
             all
             his
             Councell
             make
             this
             profer
             to
             him
             ,
             (
             in
             case
             the
             Emperour
             did
             complaine
             of
             injustice
             )
             to
             referre
             the
             matter
             to
             the
             Kings
             ,
             Prelates●
             &
             Princes
             spirituall
             and
             temporall
             ,
             assembled
             about
             it
             in
             a
             place
             of
             safety
             .
             Why
             is
             not
             the
             like
             put
             in
             practice
             now
             adayes
             towards
             those
             which
             complaine
             of
             this
             Councell
             ,
             and
             are
             ready
             to
             defend
             their
             cause
             ,
             and
             justifie
             thei●
             right
             ?
          
           
             10
             This
             calme
             way
             hath
             beene
             sometimes
             attempted
             in
             Germany
             ,
             not
             altogether
             without
             successe
             .
             It
             hath
             beene
             also
             practised
             in
             France
             ,
             when
             the
             conference
             was
             at
             Poissy
             ;
             yea
             and
             that
             with
             such
             successe
             ,
             that
             the
             grand
             controversie
             touching
             the
             reall
             presence
             in
             the
             Eucharist
             ,
             so
             much
             canvassed
             amongst
             us
             now
             adayes
             ,
             was
             there
             composed
             by
             the
             twelve
             deputies
             ,
             in
             spite
             of
             all
             the
             opposition
             made
             by
             those
             that
             envy
             the
             quiet
             of
             France
             .
             And
             what
             great
             matter
             were
             it
             to
             try
             that
             way
             yet
             once
             againe
             by
             generall
             or
             particular
             conferences
             ?
             We
             must
             of
             necessity
             be
             driven
             to
             one
             of
             the
             two
             meanes
             formerly
             proposed
             ;
             to
             wit
             ,
             either
             that
             Christian
             Princes
             appoint
             certaine
             Iudges
             ,
             some
             Clergy
             men
             ,
             some
             Lay
             men
             ,
             an
             equall
             number
             of
             both
             religions
             ;
             or
             that
             there
             bee
             a
             friendly
             meeting
             about
             it
             ,
             where
             they
             may
             continue
             victorious
             right
             or
             wrong
             ,
             
             (
             as
             most
             doe
             now
             adaies
             )
             but
             with
             a
             holy
             desire
             to
             live
             from
             thenceforth
             in
             peace
             ,
             
             or
             stop
             the
             veines
             that
             have
             shed
             so
             much
             blood
             .
             For
             to
             have
             recourse
             to
             the
             rigour
             of
             the
             formalities
             and
             caltrops
             of
             the
             Councell
             of
             Trent
             ,
             is
             but
             for
             men
             to
             cosen
             themselves
             :
             the
             event
             hath
             proved
             the
             designe
             to
             bee
             naught
             .
             This
             Councell
             instead
             of
             appeasing
             the
             troubles
             did
             excite
             them
             ;
             and
             invenomed
             those
             mindes
             which
             were
             exulcerated
             before
             .
             In
             stead
             of
             setling
             the
             repose
             and
             unity
             of
             the
             Church
             ,
             it
             raised
             warres
             in
             Germany
             ,
             the
             
               Low
               Countries
            
             ,
             and
             in
             our
             France
             ,
             not
             onely
             during
             the
             time
             of
             the
             sitting
             ,
             but
             afterwards
             :
             and
             this
             is
             the
             reason
             why
             King
             Charles
             did
             earnestly
             sollicit
             the
             Fathers
             there
             by
             his
             Ambassadours
             to
             the
             embracing
             of
             peace
             .
             Marke
             what
             the
             Cardinall
             of
             Lorrain
             sayes
             to
             them
             about
             it
             ,
             in
             his
             learned
             Oration
             .
          
           
             11
             
               The
               most
               Christian
               King
               ,
               although
               hee
               be
               throughly
               perswaded
               of
               all
               these
               things
               ,
               and
               expect
               nothing
               from
               us
               which
               may
               make
               against
               them
               :
               yet
               there
               are
               two
               things
               whereof
               he
               puts
               you
               in
               minde
               ,
               out
               of
               the
               good
               will
               he
               beares
               towards
               the
               Synod
               ,
               and
               the
               great
               vexation
               he
               endures
               by
               reason
               of
               these
               differences
               in
               Religion
               .
               First
               ,
               that
               as
               much
               as
               we
               can
               we
               avoid
               all
               new
               controversies
               ,
               that
               wee
               lay
               aside
               all
               uncouth
               and
               impertinent
               questions
               ,
               t●at
               we
               bend
               all
               our
               forces
               as
               much
               as
               we
               may
               ,
               to
               effect
               that
               Princes
               and
               Provinces
               would
               give
               over
               their
               warres
               .
               Wee
               must
               be
               farre
               from
               any
               desire
               of
               stirring
               up
               warres
               ,
               that
               so
               they
               who
               have
               departed
               from
               us
               ,
               and
               are
               cut
               off
               from
               the
               Church
               of
               God
               ,
               may
               not
               thinke
               that
               this
               assembly
               was
               rather
               to
               raise
               up
               Princes
               in
               armes
               ,
               and
               to
               enter
               leagues
               and
               confederacies
               ,
               though
               for
               a
               holy
               warre
               ,
               than
               to
               procure
               a
               generall
               reconciliation
               of
               the
               mindes
               of
               all
               men
               .
               The
               other
               maine
               point
               of
               my
               ambassage●
               is
               ,
               that
               which
               from
               the
               beginning
               was
               common
               to
               my
               master
               the
               most
               Christian
               King
               ,
               with
               the
               most
               Illustrious
               the
               Emperour
               ,
               and
               all
               other
               Kings
               and
               Princes
               who
               have
               their
               right
               honourable
               Ambassadors
               here
               present
               ,
               is
               that
               you
               would
               in
               good
               earnest
               take
               order
               for
               the
               reformation
               of
               manners●
               and
               of
               the
               Ecclesiasticall
               discipline
               .
            
          
           
             12
             This
             demaund
             so
             affectionate
             ,
             was
             never
             made
             but
             upon
             some
             ground
             .
             So
             then
             ,
             there
             is
             good
             reason
             why
             this
             Councell
             should
             be
             suspected
             ;
             and
             why
             the
             form
             which
             was
             observed
             in
             the
             judgement
             and
             decision
             of
             matters
             should
             be
             excepted
             against
             .
             For
             what
             hath
             beene
             said
             touching
             the
             Pope
             ,
             doth
             equally
             concerne
             the
             Bishops
             ,
             who
             were
             summoned
             to
             a
             reformation
             as
             well
             as
             he
             .
             That
             passage
             which
             we
             have
             now
             cited
             ,
             is
             a
             sufficient
             proofe
             thereof
             ,
             so
             that
             we
             need
             not
             produce
             any
             more
             .
             Consider
             the
             parties
             ,
             the
             demands
             are
             mutuall
             ,
             the
             actions
             double
             ;
             the
             Pope
             complaines
             that
             the
             yoke
             of
             his
             obedience
             is
             cast
             off
             ,
             and
             impeacheth
             them
             of
             heresie
             that
             did
             it
             ;
             so
             doe
             the
             Bishops
             .
             The
             Protestants
             accuse
             him
             of
             tyranny
             ,
             usurpation
             ,
             and
             errour
             ;
             them
             of
             many
             vices
             and
             disorders
             :
             and
             both
             together
             of
             false
             doctrine
             :
             Who
             shall
             be
             judge
             herein
             ?
             Surely
             neither
             the
             accusers
             ,
             nor
             they
             that
             are
             accused
             ;
             and
             the
             more
             they
             busie
             themselves
             to
             have
             the
             cognizance
             of
             it
             ,
             the
             more
             suspected
             and
             refusable
             they
             make
             themselves
             .
          
           
             13
             So
             then
             recourse
             must
             be
             had
             to
             that
             friendly
             way
             which
             we
             mentioned
             before
             ;
             where
             if
             there
             be
             any
             proposall
             of
             using
             the
             extremity
             of
             justice
             ,
             it
             is
             necessarily
             requisite
             the
             Laymen
             have
             a
             hand
             in
             it
             ;
             else
             what
             for
             passion
             ,
             what
             for
             fury
             ,
             it
             is
             impossible
             to
             see
             any
             good
             end
             of
             it
             .
             Hence
             it
             is
             that
             they
             complaine
             of
             the
             Pope
             for
             excluding
             them
             out
             of
             the
             Councell
             .
             It
             is
             a
             thing
             which
             he
             could
             not
             doe
             of
             right
             ,
             and
             that
             chiefly
             for
             two
             reasons
             .
             One
             ,
             because
             that
             when
             it
             was
             first
             spoken
             of
             in
             the
             Diet
             at
             Noremberg
             ,
             all
             the
             States
             of
             Germany
             desired
             of
             Pope
             Adrian
             the
             sixth
             ,
             that
             admittance
             might
             be
             granted
             as
             well
             to
             Lay
             men
             as
             Clergy
             men
             ,
             and
             that
             not
             onely
             as
             witnesses
             and
             spectators
             ,
             but
             to
             be
             Iudges
             there
             .
             
             
               And
               that
               it
               may
               be
               lawfull
            
             (
             say
             they
             )
             
               for
               every
               one
               as
               well
               of
               the
               Laity
               as
               of
               the
               Clergy
               ,
               that
               assist
               in
               the
               Councell
               ,
               to
               speake
               freely
               ,
               notwithstanding
               all
               oathes
               and
               obligations
               whatsoever●
               and
               to
               provide
               for
               the
               glory
               of
               God
               the
               salvation
               of
               soules
               ,
               and
               the
               safety
               of
               the
               Christian
               Commonwealth
               ,
               without
               
               any
               hindrance
               .
            
             The
             next
             reason
             ,
             because
             from
             all
             antiquity
             Lay
             men
             have
             had
             their
             place
             in
             Councels
             ,
             
             not
             only
             to
             deliberate
             ,
             but
             to
             determine
             also
             .
             This
             is
             evident
             from
             the
             testimony
             of
             holy
             Scripture
             .
             
             St.
             Luke
             saith
             ,
             The
             multitude
             of
             the
             Disciples
             were
             called
             together
             to
             make
             an
             election
             into
             the
             ministery
             .
             It
             hath
             no
             colour
             to
             say
             ,
             that
             among
             all
             those
             Disciples
             there
             were
             no
             ●ay
             men
             .
             In
             the
             Councell
             which
             was
             called
             about
             Circumcision
             ,
             mention
             is
             made
             not
             onely
             of
             the
             Apostles
             ,
             
             but
             of
             the
             Elders
             of
             the
             Church
             ,
             and
             of
             the
             brethren
             .
          
           
             14
             Bellarmin
             grants
             this
             to
             bee
             true
             ,
             (
             for
             hee
             cannot
             deny
             it
             ;
             )
             but
             he
             saith
             withall
             ,
             
             that
             some
             were
             there
             to
             judge
             ,
             as
             the
             Bishops
             ;
             some
             to
             consult
             ,
             as
             the
             Priests
             ;
             and
             some
             to
             consent
             ,
             as
             the
             rest
             of
             the
             multitude
             .
             But
             if
             he
             were
             sworne
             to
             tell
             us
             who
             taught
             him
             this
             ,
             he
             would
             be
             mightily
             puzled
             to
             finde
             his
             authour
             ,
             unlesse
             it
             bee
             haply
             some
             smattering
             divine
             of
             these
             latter
             dayes
             .
             But
             such
             authorities
             are
             of
             no
             price
             :
             and
             if
             it
             were
             lawfull
             to
             rove
             in
             this
             sort
             ,
             in
             the
             exposition
             of
             holy
             Scriptures
             ,
             and
             to
             apply
             our
             owne
             idle
             fancies
             unto
             them
             ,
             there
             would
             be
             no
             certainty
             in
             them
             .
             He
             saith
             ,
             That
             the
             forme
             observed
             in
             other
             Councels
             holden
             after
             the
             Apostles
             times
             ,
             may
             make
             us
             beleeve
             that
             it
             is
             so
             .
             But
             what
             Councels
             are
             there
             which
             he
             urgeth
             us
             with
             ,
             seeing
             we
             finde
             nothing
             of
             any
             forme
             that
             was
             observed
             till
             Co●stantines
             time
             ?
             That
             of
             Nice
             ,
             
             which
             was
             holden
             under
             th●t
             Emperour
             ,
             makes
             wholly
             for
             us
             ;
             for
             there
             Lay
             men
             were
             admitted
             ,
             and
             did
             dispute
             and
             debate
             controve●sies
             .
             I
             conf●sse
             it
             doth
             not
             appeare
             whether
             they
             gave
             voices
             or
             no.
             The
             Apostle
             in
             another
             place
             useth
             this
             forme
             of
             speech
             ;
             
               It
               pleased
               the
               Apostles
               and
               Elders
               with
               the
               whole
               Church
            
             ;
             
             which
             is
             the
             very
             Sacramentall
             word
             that
             was
             afterwards
             retained
             in
             giving
             of
             voices
             in
             Councels
             ,
             as
             is
             plaine
             from
             their
             acts
             :
             and
             even
             till
             this
             houre
             ,
             all
             the
             speech
             which
             our
             Fathers
             nowadayes
             make
             at
             the
             delivering
             of
             their
             opinion
             ,
             is
             no
             more
             but
             pronouncing
             this
             word
             pla●et
             ,
             with
             a
             good
             grace
             ,
             and
             a
             low
             nod
             .
          
           
             15
             Those
             examples
             which
             we
             before
             alledged
             ,
             concerning
             the
             deputation
             of
             judges
             ,
             doe
             plainely
             prove
             that
             Lay
             men
             may
             judge
             of
             Ecclesiasticall
             matters
             ;
             
             yea
             ,
             and
             that
             they
             have
             assisted
             at
             Councels
             in
             the
             nature
             of
             Iudges
             .
             I
             confesse
             ,
             that
             sometimes
             their
             commission
             was
             limited
             ,
             and
             that
             they
             were
             sent
             only
             to
             be
             auditors
             ,
             to
             see
             that
             there
             were
             no
             disorder
             ,
             and
             to
             looke
             to
             the
             cariage
             of
             all
             things
             :
             To
             cause
             the
             Fathers
             to
             deliberate
             upon
             such
             points
             a●
             were
             proposed
             ,
             and
             to
             keep
             every
             man
             in
             order
             .
             So
             Dionysius
             som●times
             Consull
             ,
             at
             the
             Councell
             of
             Trent
             ,
             ●and
             Candidianus
             at
             that
             of
             Ephesus
             .
             But
             that
             which
             we
             said
             must
             be
             likewise
             granted
             ,
             it
             was
             a
             matter
             which
             depended
             upon
             the
             Emperours
             ,
             to
             allow
             what
             power
             they
             thought
             good
             ,
             unto
             those
             that
             supplyed
             their
             place
             of
             presidency
             ;
             as
             also
             it
             belonged
             to
             them
             to
             call
             Councels
             ,
             and
             to
             admit
             or
             exclude
             whom
             they
             pleased
             .
          
           
             16
             And
             as
             for
             themselves
             ,
             they
             behaved
             themselves
             herein
             severall
             wayes
             :
             For
             sometimes
             they
             contented
             themselves
             with
             a
             honorary
             presidency
             ,
             without
             intermedling
             so
             farre
             as
             to
             dispute
             ,
             consult
             ,
             or
             decide
             .
             Others
             there
             were
             who
             executed
             the
             office
             and
             function
             of
             judges
             .
             In
             this
             manner
             Constantine
             the
             Great
             assisted
             at
             the
             Councell
             of
             Nice
             .
             
             Which
             may
             be
             proved
             from
             hence
             ,
             that
             certaine
             Bishops
             putting
             up
             bills
             of
             complaints
             ,
             and
             mutually
             accusing
             one
             another
             ,
             they
             preferred
             their
             libels
             and
             petitions
             to
             him
             ,
             to
             have
             justice
             of
             him
             :
             which
             though
             hee
             indeed
             refused
             to
             doe
             ,
             yet
             another
             man
             hath
             done
             :
             What
             he
             said
             or
             did
             in
             this
             case
             ,
             was
             out
             of
             modesty
             ;
             as
             also
             diverse
             other
             things
             ,
             which
             neverthelesse
             were
             otherwise
             wr●sted
             ,
             to
             the
             prejudice
             of
             them
             who
             were
             too
             full
             of
             their
             courtesie●
             .
             Hee
             desired
             to
             be
             amongst
             them
             in
             the
             rank
             of
             a
             Bishop
             ;
             for
             mark
             how
             he
             writes
             ,
             after
             the
             breaking
             up
             of
             the
             Councell
             ,
             to
             some
             Bishops
             that
             were
             absent
             ,
             
             
               I
               assisted
               there
               as
               one
               of
               you
               ,
               and
               I
               will
               never
               deny
               (
               for
               it
               is
               a
               thing
               I
               much
               joy
               in
               )
               that
               I
               joyned
               my selfe
               with
               you
               in
               that
               
               ministery
               .
            
             
             Therefore
             he
             was
             one
             of
             the
             judges
             ,
             else
             he
             should
             have
             beene
             lesse
             than
             the
             Bishops
             .
             It
             was
             he
             also
             that
             passed
             the
             last
             decretory
             sentence
             ,
             from
             whence
             there
             lay
             no
             appeal
             ,
             upon
             the
             Donatists
             ,
             after
             they
             had
             been
             formerly
             condemned
             by
             the
             Pope
             and
             the
             Councell
             of
             Arles
             .
             Another
             Constantine
             was
             president
             of
             the
             sixth
             generall
             Councell
             at
             Constantinople
             ,
             
             with
             a
             good
             number
             of
             his
             officers
             assisting
             ;
             and
             the
             acts
             of
             the
             Councell
             make
             it
             plaine
             ,
             that
             hee
             was
             not
             a
             meere
             honorary
             president
             ,
             but
             that
             the
             whole
             action
             was
             guided
             by
             him
             ;
             that
             he
             pronounced
             the
             sentence
             an●
             gave
             judgement
             :
             and
             in
             summe
             ,
             did
             all
             that
             belongs
             to
             an
             Ecclesiasticall
             president
             to
             doe
             .
          
           
             17
             Charles
             the
             Great
             ,
             did
             the
             like
             in
             the
             Councell
             of
             Francford
             ;
             
             where
             hee
             discoursed
             of
             points
             of
             faith
             ,
             and
             made
             them
             deliver
             their
             opinions
             upon
             such
             as
             himselfe
             proposed
             .
             The
             Canons
             and
             Decrees
             runne
             also
             in
             his
             name
             ,
             
               The
               Emperour
            
             (
             saith
             hee
             )
             
               hath
               ordained
               ,
               with
               the
               consent
               of
               the
               Synod
               ,
               &c.
               
            
          
           
             18
             The
             name
             of
             Charles
             the
             Great
             ,
             puts
             us
             in
             minde
             of
             inserting
             some
             of
             our
             French
             Synods
             in
             this
             place
             ,
             which
             we
             finde
             oftentimes
             to
             have
             consisted
             both
             of
             Lay
             men
             and
             Clergy
             men
             ,
             joyntly
             to
             determine
             of
             matters
             ,
             aswell
             Ecclesiasticall
             as
             Civill
             .
          
           
             19
             In
             the
             yeere
             742
             ,
             in
             the
             reigne
             of
             
               Childeric
               ,
               Carloman
            
             Duke
             and
             Prince
             of
             the
             French
             ,
             
             called
             a
             Synod
             in
             France
             ,
             where
             he
             had
             some
             Bishops
             ,
             some
             Priests
             ,
             and
             some
             Lay
             Princes
             of
             the
             Realme
             ;
             by
             whose
             advise
             and
             counsell
             hee
             made
             certaine
             Ecclesiasticall
             constitutions
             ;
             
               By
               the
               advise
               of
               the
               Church-men
               ,
               and
               the
               Princes
               of
               this
               Realme
               ,
               we
               have
               ordained
               ,
               decreed
               ,
               &c.
               
            
             See
             how
             hee
             speaks
             in
             the
             Decrees
             of
             that
             Councell
             .
          
           
             20
             The
             yeer
             744
             ,
             under
             the
             same
             
               Childeric
               ,
               Pepin
               a
               French
            
             Duke
             and
             Prince
             called
             another
             Synod
             at
             Soissons
             ,
             consisting
             of
             Churchmen
             ,
             and
             some
             chiefe
             Lay
             men
             of
             the
             Realme
             ;
             with
             whom
             hee
             enacted
             some
             Ecclesiasticall
             lawes
             .
             
             
               Wherfore
               with
               the
               consent
               of
               the
               Bishops
               ,
               Priests
               ,
               and
               servants
               of
               God
               ,
               and
               the
               advise
               of
               the
               chiefe
               of
               the
               Kingdome
               ,
               we
               have
               decreed
               to
               renew
               the
               Synod
               every
               yeer
               ,
               &c.
               
            
             Againe●
             
               Wee
               have
               constituted
               and
               ordained
               by
               the
               Councell
               of
               the
               Clergy
               men
               ,
               and
               the
               chiefe
               men
               of
               the
               Realme
               aforesaid
               .
            
             See
             you
             in
             what
             style
             the
             decrees
             of
             that
             Councell
             were
             conceived
             .
          
           
             21
             The
             yeer
             787
             ,
             the
             Emperour
             Charles
             the
             Great
             ,
             being
             departed
             from
             Rome
             to
             come
             into
             
               France
               .
               As
               soone
               as
               he
               was
               arrived
               at
            
             Worms
             ,
             
             (
             saith
             Rhegno
             )
             
               he
               called
               a
               Synod
               ,
               and
               declared
               the
               reasons
               of
               his
               journey
               to
               the
               Clergy
               and
               Princes
               of
               his
               Realme
               .
            
          
           
             22
             The
             Councell
             of
             Meaux
             ,
             under
             Charles
             the
             second
             ,
             845
             ,
             mentions
             some
             former
             Councels
             ,
             that
             consisted
             of
             Clergy
             and
             Lay
             men
             .
             
             
               Another
               was
               holden
            
             (
             saith
             it
             )
             
               at
               his
               returne
               ,
               and
               confirmed
               under
               the
               proper
               seal
               of
               the
               Prince
               ,
               and
               all
               the
               rest
               both
               Clergy
               men
               and
               Lay.
            
             And
             in
             another
             place
             ,
             
               They
               ordained
               first
               of
               all
               to
               settle
               something
               that
               had
               beene
               formerly
               decreed
               by
               the
               same
               Prince
               ,
               together
               with
               the
               Lords
               spirituall
               and
               temporall
               .
            
          
           
             23
             The
             Councell
             holden
             at
             Pistis
             upon
             Seyn
             ,
             the
             yeere
             863
             was
             of
             the
             same
             nature
             with
             these●
             as
             wee
             may
             perceive
             by
             the
             beginning
             of
             it
             .
             
             
               In
               the
               name
               of
               the
               Holy
               and
               indivisible
               Trinity
               ,
            
             Charles
             
               by
               the
               grace
               of
               God
               ,
               King
               of
            
             France
             ,
             
               together
               with
               the
               Bishops
               ,
               Abbats
               ,
               Earles
               ,
               and
               the
               rest
               of
               the
               faithfull
               regenerate
               in
            
             Christ
             ,
             
               gathered
               together
               from
               diverse
               Provinces
               ,
               at
               a
               place
               called
            
             Pistis
             
               upon
               the
               river
            
             Seyn
             ,
             
               in
               the
               yeere
               of
               our
               Lord
            
             863
             ,
             the
             23
             
               yeer
               of
               the
               reign
               of
               our
               Soveraigne
               Lord
               King
            
             Charles
             ,
             
               indiction
               the
               tenth
               .
               The
               Kings
               and
               Bishops
               assembled
               before
               us●
               being
               guided
               by
               the
               feare
               and
               love
               of
               God
               ,
               have
               made
               diverse
               constitutions
               and
               decrees
               ,
               with
               the
               Counsell
               and
               consent
               of
               the
               rest
               of
               the
               faithfull
               people
               of
               God.
            
             And
             in
             the
             second
             chapter
             ;
             
               For
               the
               putting
               of
               which
               things
               more
               particularly
               in
               execution
               ,
               wee
               have
               thought
               fit
               here
               to
               renew
               some
               amongst
               many
               ,
               of
               the
               constitutions
               and
               decrees
               of
               our
               predecessors
               ,
               and
               the
               ancient
               Councels
               .
            
             It
             follows
             afterwards
             chapter
             the
             third
             ,
             
               Wee
               
               have
               constituted
               and
               ordained
               by
               common
               advise
               ,
               &c.
               
            
             
          
           
             24
             The
             Councell
             of
             Tribur
             was
             neerly
             of
             the
             same
             kinde
             ;
             for
             there
             were
             divers
             Lay-men
             there
             with
             King
             Arnulph
             ,
             who
             was
             President
             in
             it
             .
             
               He
               came
            
             (
             saith
             the
             Preface
             to
             it
             )
             
               into
               the
               royall
               City
               of
            
             Tribur
             in
             France
             ,
             
             
               with
               the
               Bishops
               underwritten
               ,
               the
               Abbats
               ,
               and
               all
               the
               Peeres
               of
               his
               Realme
               ,
               and
               there
               flocked
               thither
               both
               Clergy
               and
               Lay-men
               ,
               in
               great
               troupes
               .
            
             And
             at
             the
             end
             ,
             
               This
               holy
               subscription
               was
               confirmed
               and
               fairly
               approved
               by
               the
               reverend
               profession
               ,
               and
               worthie
               answers
               of
               the
               Priests
               ,
               Deacons
               ,
               and
               Lay
               Nobility
               .
            
             This
             Councell
             contains
             eight
             and
             fifty
             Chapters
             concerning
             manners
             and
             Ecclesiasticall
             discipline
             .
          
           
             
             25
             
               Philip
               Augustus
            
             intending
             to
             declare
             his
             sonne
             Philip
             his
             successour
             in
             the
             Realme
             ,
             called
             a
             generall
             Councell
             at
             Paris
             ,
             of
             all
             the
             Archbishops
             ,
             Bishops
             ,
             Abbats
             ,
             together
             with
             the
             Princes
             and
             Lords
             of
             his
             Kingdome
             ,
             that
             they
             might
             herein
             pitch
             upon
             a
             resolution
             according
             to
             his
             desire
             .
             And
             it
             is
             observable
             ,
             that
             in
             these
             Councels
             they
             treated
             of
             all
             things
             both
             spirituall
             and
             temporall
             .
             Whence
             that
             appeares
             to
             be
             true
             which
             a
             learned
             Frenchman
             hath
             written
             long
             agoe
             ,
             
             
               That
               anciently
               the
               affaires
               of
            
             France
             
               were
               managed
               by
               the
               Clergy
               and
               Lay
               men
               joyntly
               .
            
             Which
             is
             yet
             practised
             by
             the
             Generall
             and
             Provinciall
             States
             ,
             as
             also
             in
             the
             Courts
             of
             Parliament
             consisting
             of
             Counsellors
             both
             Ecclesiasticall
             and
             Civill
             .
             There
             was
             a
             Councell
             holden
             at
             Soissons
             in
             the
             same
             Kings
             reigne
             by
             the
             Legats
             of
             Pope
             Innocent
             the
             third
             .
             
             
               In
               this
               Councell
            
             (
             saith
             an
             ancient
             Historian
             )
             King
             Philip
             
               was
               assistant
               ,
               with
               the
               Archbishops
               ,
               Bishops
               ,
               and
               chiefe
               Lords
               of
               the
               Realme
               ,
               where
               the
               point
               of
               the
               divorce
               or
               confirmation
               of
               the
               Kings
               marriage
               with
            
             Iugerberga
             
               was
               discussed
            
             .
          
           
             
             26
             The
             Patriarch
             of
             Ierusalem
             being
             arrived
             in
             France
             in
             1184.
             with
             the
             Priour
             of
             the
             Hospitall
             of
             Outremer
             ,
             and
             the
             Grand
             Master
             of
             the
             Templars
             ,
             to
             demand
             succour
             of
             King
             
               Philip
               Augustus
            
             against
             the
             
               Saracens
               ,
               He
               sent
               out
               his
               Mandamus
               to
               call
               a
               Generall
               Councell
               of
               all
               the
               Archbishops
               ,
               Bishops
               ,
               and
               Princes
               of
               his
               Realme
            
             (
             saith
             the
             same
             Historian
             )
             
               which
               was
               holden
               in
               the
               City
               of
            
             Paris
             .
          
           
             27
             The
             Councell
             of
             Vezelay
             which
             was
             called
             by
             Lewes
             the
             Yong
             ,
             son
             to
             Lewes
             the
             Gross
             ,
             Pope
             Eugenius
             the
             third
             being
             then
             in
             France
             ,
             was
             of
             the
             same
             composition
             .
             
               Which
               thing
               being
               certified
               to
               Lewes
               the
               Yong
               ,
               son
               to
               Lewes
               the
               Gross
               ,
               (
               saith
               a
               
                 Iohn
                 le
                 Maire
              
               )
               he
               was
               much
               grieved
               thereat
               ;
               and
               for
               remedie
               thereof
               he
               caused
               a
               Councell
               to
               be
               assembled
               at
               Vezelay
               in
               Burgundy
               ,
               consisting
               of
               all
               the
               Prelates
               and
               Princes
               of
               France
               ,
               and
               ordained
               that
               St.
               Bernard
               Abbat
               of
               Clervaux
               ,
               should
               represent
               unto
               them
               
                 vivâ
                 voce
              
               ,
               all
               the
               mischiefe
               that
               was
               befalne
               in
               the
               Holy
               Land.
               
            
          
           
             28
             The
             like
             was
             done
             in
             the
             Councell
             of
             Paris
             ,
             which
             Philip
             the
             Faire
             called
             against
             Boniface
             the
             eighth
             .
             
               After
               this
               the
               same
               King
            
             (
             saith
             a
             b
             Chronicler
             )
             
               having
               called
               together
               the
               Prelates
               ,
               Barons
               ,
               and
               Lords
               of
               the
               Realm
               ,
               held
               a
               Councell
               at
            
             Paris
             ,
             
               where
               he
               demanded
               aid
               &
               advice
               against
               the
               said
               Pope
               .
            
             And
             M.
             c
             Iohn
             Bouchet
             in
             his
             Annales
             of
             
               Aquitain
               ,
               And
               immediately
               after
               hee
               caused
               a
               Councell
               of
               Prelates
               and
               Barons
               to
               be
               assembled
               at
            
             Paris
             ,
             
               in
               which
               Councell
               King
            
             Philip
             
               was
               appellant
            
             .
          
           
             29
             The
             Pragmatique
             Sanction
             of
             King
             Charles
             the
             seventh
             ,
             was
             made
             in
             a
             Synod
             assembled
             at
             Bourges
             ,
             consisting
             of
             Archbishops
             ,
             Bishops
             ,
             Chapters
             ,
             Abbats
             ,
             Deanes
             ,
             Provosts
             ,
             and
             other
             Ecclesiasticall
             persons
             ,
             together
             with
             Doctors
             of
             Law
             both
             divine
             and
             humane
             ,
             and
             other
             learned
             men
             of
             the
             Realme
             ,
             and
             also
             of
             the
             chiefe
             Lords
             of
             France
             ,
             and
             others
             of
             the
             Kings
             Councell
             ,
             about
             the
             receiving
             of
             the
             Councels
             of
             Constance
             and
             Basil.
             I
             say
             Synod
             ,
             for
             so
             it
             is
             called
             in
             the
             act
             of
             Appeal
             of
             the
             University
             of
             
               Paris
               .
               A
               while
               after
               King
            
             Lewes
             
               the
               eleventh
               assembled
               a
               Councell
               of
               the
            
             Gallicane
             
               Church
               ,
               and
               all
               the
               Vniversities
               in
               the
               City
               of
            
             Orleans
             ,
             
               as
               well
               to
               understand
               the
               purport
               of
               the
               Pragmatique
               Sanction
               ,
               as
               to
               give
               direction
               for
               the
               annates
               of
               benefices
               ,
            
             saith
             the
             Author
             before
             alledged
             .
             
             Before
             we
             leave
             France
             ,
             
             wee
             will
             set
             downe
             what
             an
             English
             Historian
             saith
             of
             the
             Councell
             of
             Rhemes
             hol●en
             by
             Pope
             Eugenius
             the
             third
             ,
             ●●4●
             .
             
               About
               that
               time
            
             (
             saith
             he
             )
             Eugenius
             
               Pope
               of
            
             Rome
             
               coming
               into
            
             France
             ,
             
               out
               of
               the
               affection
               hee
               bore
               to
               Ecclesiasticall
               discipline
               ,
               set
               up
               a
               generall
               Councell
               a●
            
             Rhemes
             :
             
             
               where
               he
               sitting
               with
               a
               great
               company
               of
               Bishops
               and
               Nobles
               ,
               there
               was
               a
               pestilent
               fellow
               brought
               before
               him
               ,
               who
               being
               possest
               with
               a
               devill
               ,
               had
               seduced
               a
               great
               many
               by
               his
               tricks
               and
               juglings
               .
            
          
           
             30
             Spaine
             can
             furnish
             us
             also
             with
             such
             like
             examples
             ;
             and
             assure
             u●
             that
             ,
             when
             it
             pleased
             their
             Kings
             ,
             even
             Lay
             men
             were
             admitted
             into
             thei●
             Councels
             ,
             to
             have
             a
             deliberative
             voice
             there
             ,
             and
             to
             judge
             of
             matters
             .
          
           
             31
             This
             may
             be
             collected
             from
             the
             sixth
             Councell
             of
             Toledo
             ,
             
             holden
             under
             King
             Chiutillaud
             ,
             and
             by
             his
             authority
             ,
             the
             yeere
             654.
             where
             in
             the
             thir●
             chapter
             we
             reade
             thus
             :
             
               Wherefore
               we
               decree
               and
               denounce
               with
               heart
               and
               mouth
               this
               sentence
               pleasing
               to
               God
               ,
               &
               conformable
               to
               our
               Kings
               ,
               and
               do
               furthermore
               ordain
               with
               the
               consent
               and
               advice
               of
               the
               Grandés
               and
               honourable
               persons
               of
               his
               Kingdome
               ,
               &c.
               
            
             To
             the
             same
             effect
             we
             finde
             the
             eighth
             Councell
             of
             Toledo
             ,
             
             holden
             under
             King
             Recessuinth
             ,
             and
             by
             his
             command
             ,
             subscribed
             with
             the
             signes
             of
             fifteene
             of
             his
             Officers
             .
             King
             Eringus
             caused
             divers
             of
             his
             Lords
             and
             officers
             of
             the
             Court
             to
             assist
             at
             the
             twelfth
             Councell
             of
             Toledo
             ,
             holden
             in
             the
             yeere
             681●
             and
             ordained
             them
             for
             Iudges
             ,
             together
             with
             the
             Bishops
             ,
             to
             consult
             of
             such
             things
             as
             should
             bee
             handled
             there
             :
             to
             all
             whom
             hee
             made
             this
             exhortation
             at
             the
             opening
             of
             the
             Councell
             .
             
             
               I
               doe
               admonish
               and
               conjure
               you
               in
               commune
               ,
               both
               you
               holy
               fathers
               ,
               &
               you
               right
               honourable
               of
               my
               royall
               Court
               ,
               whom
               we
               have
               chosen
               to
               assist
               in
               this
               holy
               Councell
               ,
               by
               the
               name
               of
               God
               ,
               and
               as
               you
               will
               answer
               at
               the
               dreadfull
               day
               of
               judgement
               ,
               that
               without
               all
               favour
               or
               acceptation
               of
               persons
               ,
               without
               any
               froward
               wrangling
               ,
               or
               ●esire
               of
               perverting
               the
               truth
               ,
               you
               treat
               of
               such
               matters
               as
               shall
               be
               pro●osed
               unto
               you
               with
               a
               sound
               examination
               ,
               and
               that
               you
               expresse
               them
               with
               a
               more
               sound
               judgement
               .
               His
               subscription
               to
               the
               Acts
               of
               that
               Councell
               have
               these
               words
               .
               Great
               good
               will
               accrue
               to
               our
               Realme
               and
               people
               ,
               if
               these
               decrees
               of
               the
               Acts
               of
               the
               Synod
               ,
               as
               they
               were
               made
               by
               our
               procurement
               ,
               so
               they
               bee
               confirmed
               by
               the
               oracle
               of
               our
               lasting
               law
               .
               To
               the
               end
               that
               what
               the
               reverend
               Fathers
               and
               Lords
               have
               ordained
               by
               virtue
               of
               our
               command
               ,
               may
               be
               defende●
               by
               our
               Edict
               .
            
             All
             his
             Courtiers
             and
             Officers
             are
             subsigned
             to
             the
             Acts
             of
             that
             Councell
             .
          
           
             32
             The
             same
             forme
             was
             observed
             in
             England
             :
             
             for
             in
             the
             yeere
             905.
             
             King
             Edward
             ,
             and
             Plegmond
             
               Archbishop
               of
            
             Canterbury
             ,
             
               assembled
               a
               great
               Councell
               of
               Bishops
               ,
               Abbats
               ,
               and
               other
               faithfull
               people
               in
               the
               southerne
               parts
               of
            
             England●
             saith
             
               Matthew
               Westminster
            
             .
          
           
             33
             In
             the
             yeere
             1150.
             
             King
             Stephen
             
               having
               done
               what
               hee
               would
               at
            
             Yorke
             ,
             
             
               and
               the
               adjoyning
               shires
               ,
               returned
               towards
               the
               southerne
               parts
               about
               the
               feast
               of
               Saint
            
             Michael
             
               th'
               Archangell
               ,
               to
               keepe
               a
               Councell
               at
            
             London
             ,
             
               together
               with
               the
               Bishops
               and
               Nobles
               of
            
             England
             ,
             
               both
               for
               the
               affaires
               of
               the
               Kingdome
               ,
               and
               of
               the
               Church
               of
            
             Yorke
             ,
             
               which
               was
               then
               vacant
            
             .
          
           
             34
             The
             yeere
             1170.
             at
             the
             request
             of
             the
             King
             of
             
               England
               ,
               two
               Cardinals
            
             ,
             
             Albert
             and
             Theodinus
             ,
             
               were
               sent
               into
            
             France
             
               from
               the
               See
               Apostolique
               ,
               who
               having
               called
               a
               great
               assembly
               of
               Ecclesiasticall
               persons
               and
               Noblemen
               within
               the
               territories
               of
               the
               King
               of
            
             England
             ,
             
               they
               solemnly
               admitted
               him
               to
               purge
               himselfe
               of
               the
               murther
               of
            
             Thomas
             
               Archbishop
               of
            
             Canterbury
             .
          
           
             35
             In
             the
             yeere
             1190.
             the
             Bishop
             of
             Ely
             ,
             Chancelour
             of
             England
             ,
             
             and
             Lieutenant
             generall
             of
             the
             Realme
             ,
             in
             the
             absence
             of
             King
             Richard
             the
             second
             ,
             who
             was
             then
             at
             the
             warre
             ,
             in
             the
             Holy
             Land
             ,
             called
             the
             Bishops
             and
             Lords
             of
             the
             Kingdome
             together
             .
             
               And
               presenting
               them
               upon
               the
               suddaine
               with
               the
               in●strument
               of
               his
               Legation
               ,
               hee
               openly
               declared
               himselfe
               with
               a
               great
               deale
               of
               
               pompe
               and
               insolency
               to
               be
               Legat
               o●
               the
               See
               Apostolique
               .
               
            
          
           
             36
             Come
             we
             backe
             to
             the
             Emperours
             ;
             there
             we
             have
             the
             example
             of
             Oth●
             the
             first
             ,
             who
             made
             up
             the
             Councell
             which
             he
             held
             at
             Rome
             for
             the
             condemnation
             of
             Pope
             Iohn
             ,
             of
             Ecclesiastiques
             and
             Lay
             men
             .
             Of
             which
             ranke
             these
             are
             named
             by
             Luitprandus
             .
             
             
               Of
               the
               Nobles
               ,
               Stephanus
               filius
               ,
               Iohannes
               superista
               ,
               Demetrius
               Meliosi
               ,
               Crescentius
               Caballi
               marmorei
               ,
               Iohannes
               Puisina
               ,
               Stephanus
               de
               Musa
               ,
               Theodorus
               de
               Rusina
               ,
               Iohannes
               de
               Primicerio
               ,
               Leo
               de
               Camurzuli
               ,
               Ricardus
               ,
               Petrus
               de
               Canaperia
               ,
               Benedictus
               ,
               &
               Bulgaminus
               his
               sonne
               :
               Of
               the
               communalty
               ,
               Peter
               Imperiola
               ,
               with
               all
               the
               Roman
               army
               .
            
             And
             afterwards
             by
             their
             unanimous
             advice
             ,
             the
             Emperour
             pronounced
             the
             sentence
             of
             condemnation
             against
             Iohn
             ,
             and
             created
             Leo
             in
             his
             stead
             by
             the
             same
             advice
             .
          
           
             
             37
             We
             have
             also
             the
             example
             of
             Henry
             the
             third
             ,
             Who
             (
             saith
             Polanus
             )
             
               having
               called
               a
               Councell
               at
            
             Worms
             ,
             
               consisting
               of
               foure
               and
               twenty
               Bishops
               ,
               and
               many
               of
               the
               Nobility
               ,
               he
               there
               commanded
               the
               decrees
               of
               Pope
            
             Gregory
             
               to
               bee
               disanulled
            
             .
          
           
             
             38
             We
             may
             further
             alledge
             the
             example
             of
             Popes
             .
             For
             Adrian
             did
             summon
             many
             Lay
             men
             to
             the
             Lateran
             Councell
             holden
             by
             him
             and
             Charles
             the
             great
             ,
             what
             time
             he
             caused
             him
             to
             bee
             proclaimed
             Emperour
             .
             
               There
               was
               a
               holy
               Synod
               called
               (
               saith
               a
               good
               Author
               )
               by
               Pope
               Adrian
               of
               happy
               memory
               ,
               at
               the
               Palace
               of
               Lateran
               ,
               in
               the
               Church
               of
               St.
               Saviour
               ,
               which
               was
               most
               solemnly
               kept
               by
               fifty
               three
               Ecclesiasticall
               persons
               ,
               Bishops
               or
               Abbats
               ,
               together
               with
               ●udges
               ,
               Magistrates
               ,
               and
               Doctors
               of
               Law
               ,
               from
               all
               parts
               ,
               and
               also
               person●
               of
               all
               states
               and
               conditions
               of
               that
               City
               ,
               and
               all
               the
               Clergy
               of
               the
               holy
               Church
               of
               Rome
               .
               Who
               made
               enquiry
               concerning
               the
               customes
               ,
               lawes
               ,
               and
               manners
               of
               that
               Church
               and
               Empire
               :
               consulting
               also
               by
               what
               meanes
               heresies
               and
               seditions
               might
               be
               rooted
               o●t
               of
               the
               Apostolique
               See
               ;
               and
               treating
               of
               the
               dignity
               of
               the
               Senate
               and
               Empire
               of
               Rome
               ;
               seeing
               that
               by
               reason
               of
               these
               thing●
               a
               foule
               errour
               was
               spread
               over
               the
               whole
               world
               .
            
          
           
             
             39
             In
             imitation
             of
             him
             Pope
             Leo
             did
             the
             like
             in
             another
             Councell
             at
             the
             Lateran
             ,
             under
             the
             Emperour
             Otho
             the
             first
             .
             
               For
               as
               much
               as
               your
               ●umility
            
             (
             saith
             he
             )
             
               doth
               humbly
               desire
               our
               Apostleship
               that
               dispatching
               the
               holy
               Synod
               assembled
               by
               your
               advice
               at
               the
               Patriarchall
               of
               the
            
             Late●an
             ,
             
               in
               the
               Church
               of
               St.
            
             Saviour
             ,
             
               and
               consisting
               besides
               of
               Iudges
               and
               Doctors
               of
               law
               ,
               wee
               would
               declare
               how
               we
               may
               live
               in
               peace
               and
               quiet
               .
            
          
           
             40
             I
             am
             not
             ignorant
             that
             many
             examples
             may
             bee
             urged
             to
             the
             contrary●
             and
             that
             in
             many
             Councels
             there
             were
             no
             Lay-men
             at
             all
             ,
             at
             least
             for
             ought
             we
             know
             .
             I
             grant
             it
             ;
             but
             I
             would
             have
             it
             acknowledged
             withall
             that
             they
             might
             have
             beene
             there
             ,
             and
             that
             it
             belongs
             to
             Princes
             to
             admit
             Lay-men
             when
             they
             thinke
             good
             ;
             as
             Marsilius
             of
             Padua
             holds
             ,
             and
             we
             shall
             prove
             hereafter
             .
             Neither
             will
             I
             maintaine
             that
             it
             is
             necessary
             they
             should
             alwayes
             be
             admitted
             ,
             but
             onely
             upon
             great
             occasions
             ,
             about
             some
             weighty
             matters
             ,
             and
             in
             case
             of
             urgent
             necessity
             .
             When
             we
             speake
             of
             Lay-men
             ,
             we
             meane
             onely
             the
             learned
             ,
             not
             the
             ignorant
             ;
             for
             as
             for
             these
             ,
             whether
             Lay
             or
             Clergy
             ,
             they
             are
             good
             for
             nothing
             but
             to
             make
             up
             the
             tale
             ,
             and
             therefore
             have
             nothing
             to
             doe
             to
             goe
             there
             ;
             this
             is
             the
             opinion
             of
             Cardinall
             Cusanus
             .
             
             There
             (
             saith
             he
             )
             
               where
               the
               sentence
               of
               definition
               go●s
               by
               plurality
               of
               voices
               ,
               and
               not
               by
               consent
               and
               unanimity
               ,
               it
               is
               good
               reason
               that
               discretion
               ,
               wisdome
               ,
               and
               authority
               should
               be
               considered
               ,
               that
               the
               judgement
               of
               fooles
               ,
               who
               are
               ever
               the
               greater
               number
               ,
               may
               not
               overb●are
               the
               opinio●s
               of
               the
               wiser
               sort
               .
            
             So
             then
             ,
             we
             maintaine
             that
             the
             learned
             ought
             to
             bee
             admitted
             ,
             by
             a
             reason
             which
             is
             backed
             with
             authority
             ;
             and
             that
             is
             ,
             beca●se
             what
             concernes
             faith
             is
             a
             common
             case
             to
             Lay-men
             as
             well
             as
             Clergy●
             and
             therefore
             when
             there
             is
             any
             controversie
             about
             it
             ,
             every
             man
             ought
             to
             deliver
             his
             opinion
             .
             
             Pope
             Nicholas
             hath
             said
             as
             much
             in
             down-right
             termes
             .
             Faith
             (
             saith
             he
             )
             
               is
               catholique
               and
               commune
               to
               all
               ,
               it
               belongs
               as
               well
               to
               Lay-men
               as
               Priests
               .
               Yea
               to
               a●●
               
               Christians
               .
            
             Hee
             speakes
             expressely
             of
             Lay-mens
             assisting
             at
             Councels
             ,
             
             whom
             he
             would
             have
             admitted
             when
             controversies
             of
             faith
             are
             handled
             .
          
           
             41
             Let
             us
             apply
             this
             to
             our
             Councell
             of
             Trent
             .
             There
             were
             deepe
             points
             of
             faith
             handled
             in
             many
             Articles
             of
             it
             ,
             therefore
             the
             lay-men
             should
             have
             been
             called
             ,
             and
             admitted
             ,
             and
             have
             delivered
             their
             opinions
             .
          
           
             42
             Bellarmine
             shifts
             it
             off
             after
             his
             way
             ,
             
             when
             hee
             limits
             the
             admittance
             of
             Lay-men
             to
             Councels
             (
             spoken
             of
             by
             Pope
             Nicholas
             )
             to
             these
             ends
             ,
             onely
             that
             they
             may
             see
             and
             heare
             what
             passeth
             ,
             but
             not
             judge
             .
             This
             glosse
             corrupts
             the
             text
             ,
             which
             speakes
             without
             distinction
             :
             besides
             the
             cause
             being
             the
             same
             both
             in
             re●pect
             of
             Clergy-men
             and
             Lay
             ,
             the
             effect
             should
             likewise
             be
             the
             same
             .
          
           
             43
             The
             second
             reason
             is
             the
             abuses
             which
             have
             been
             committed
             by
             these
             many
             ages
             ,
             in
             the
             disposall
             of
             Bishopricks
             and
             benefices
             ,
             whence
             the
             number
             of
             the
             learned
             Clergy
             hath
             beene
             more
             impared
             ,
             than
             it
             were
             to
             bee
             wished
             it
             had
             ,
             and
             is
             so
             at
             this
             day
             .
             
             Marke
             what
             Marsilius
             of
             Padua
             said
             of
             it
             above
             three
             hundred
             yeers
             agoe
             ;
             Nowadayes
             (
             saith
             hee
             )
             
               by
               reason
               of
               the
               corrupt●on
               which
               is
               crept
               into
               the
               regim●nt
               of
               the
               Church
               ,
               the
               greater
               part
               of
               Priests
               and
               Bishops
               are
               but
               meanly
               skilled
               in
               holy
               Scripture
               :
               and
               (
               if
               I
               may
               lawfully
               say
               so
               )
               this
               insufficiency
               comes
               by
               reason
               that
               some
               ambitious
               and
               covetous
               persons
               ,
               and
               Lawyers
               ,
               will
               needs
               purchase
               the
               temporall
               meanes
               of
               Church
               livings
               ;
               and
               doe
               so
               ,
               either
               by
               their
               services
               ,
               entreaties
               ,
               money
               or
               temporall
               power
               .
               And
               God
               is
               my
               witnesse
               ,
               and
               the
               number
               of
               the
               faithfull
               ,
               that
               I
               remember
               ,
               and
               have
               seene
               many
               Priests
               ,
               Abbats
               ,
               and
               Ecclesiasticall
               Prelats
               ,
               so
               poorely
               learned
               that
               they
               were
               ●ot
               able
               so
               much
               as
               to
               speake
               true
               Latine
               .
            
             Hence
             it
             follows
             ,
             that
             Lay
             men
             should
             be
             admitted
             into
             Councels
             ,
             considering
             withall
             that
             it
             was
             anciently
             accustomed
             .
             
               At
               the
               most
               noted
               Councels
            
             (
             saith
             he
             )
             
               the
               Emperours
               and
               Empresses
               assisted
               with
               their
               officers
               ,
               for
               the
               resolving
               of
               Scripture
               doubts
               ,
               as
               appears
               by
            
             Isidores
             Code
             :
             
               although
               there
               was
               no
               such
               necessity
               of
               calling
               in
               Lay
               men
               in
               those
               dayes
               ,
               as
               there
               is
               now
               ,
               by
               reason
               of
               the
               great
               number
               of
               Priests
               and
               Bishops
               which
               are
               ignorant
               of
               Gods
               Law.
               
            
          
           
             44
             I
             doe
             not
             urge
             all
             these
             passages
             to
             offend
             the
             Ecclesiasticall
             order
             ,
             nor
             many
             learned
             Prelats
             now
             alive
             ,
             whom
             I
             much
             reverence
             for
             their
             learning
             and
             worth
             ;
             but
             only
             as
             suiting
             with
             the
             subject
             I
             have
             in
             hand
             .
             I
             am
             certain
             they
             will
             in
             heart
             confesse
             what
             I
             say
             to
             be
             true
             ,
             That
             at
             this
             present
             there
             are
             some
             Ecclesiastiques
             which
             haue
             voices
             in
             Councels
             ,
             that
             are
             incapable
             of
             that
             priviledge
             :
             And
             on
             the
             other
             side
             ,
             there
             have
             beene
             ,
             and
             yet
             are
             ,
             some
             Lay
             men
             of
             all
             sorts
             ,
             well
             skilled
             in
             Divinity
             ,
             however
             they
             make
             no
             profession
             of
             it
             .
             Being
             then
             in
             the
             danger
             we
             are
             ,
             the
             fire
             being
             kindled
             through
             all
             parts
             of
             Christendome
             ,
             by
             reason
             of
             religion
             ;
             the
             Turks
             pressing
             so
             hard
             upon
             us
             ,
             that
             if
             God
             be
             not
             mercifull
             to
             us
             ,
             our
             slavery
             is
             not
             farre
             off
             :
             Is
             it
             not
             reason
             to
             conferre
             about
             these
             differences
             ,
             with
             all
             sorts
             of
             people
             ,
             to
             the
             end
             that
             some
             remedy
             may
             be
             found
             out
             for
             them
             ?
             There
             was
             a
             poore
             ignoramus
             that
             pu●led
             a
             great
             Philosopher
             at
             the
             Councell
             of
             Nice
             ;
             
             possible
             the
             like
             may
             befall
             us
             .
             
               The
               opinion
               of
               one
               godly
               man
               ought
               to
               be
               preferred
               before
               the
               Popes
               ,
               if
               it
               be
               grounded
               upon
               better
               authorities
               of
               the
               Old
               and
               New
               Testament
               ,
            
             saith
             the
             Pa●ormitan
             Abbat
             .
             
             
               Every
               learned
               man
               may
               and
               ought
               to
               withstand
               a
               whole
               Coun●ell
               ,
               if
               he
               perceive
               it
               erres
               of
               malice
               or
               ignorance
               ,
            
             saith
             Mr.
             
               Iohn
               Gerson
            
             .
             But
             where
             ,
             and
             how
             ,
             I
             pray
             you
             ,
             if
             not
             in
             a
             Councell
             ?
             Or
             ,
             to
             speake
             more
             properly
             ,
             where
             can
             they
             doe
             it
             more
             fitly
             than
             in
             such
             an
             assembly
             ?
             and
             how
             should
             they
             doe
             it
             there
             if
             they
             be
             not
             admitted
             ?
          
           
             45
             It
             will
             be
             replyed
             ,
             that
             they
             may
             be
             allowed
             to
             come
             there
             ,
             but
             onely
             to
             consult
             :
             and
             so
             they
             will
             expound
             most
             places
             out
             of
             Couuncels
             and
             ancient
             authors
             .
             For
             example
             ,
             that
             which
             a
             Socrates
             saith
             of
             the
             Councell
             of
             Nice
             ;
             There
             were
             present
             (
             saith
             he
             )
             many
             very
             learned
             Lay
             men
             ,
             and
             well
             skilled
             in
             disputations
             :
             that
             which
             was
             ordained
             at
             the
             Councell
             of
             b
             Toledo
             ,
             
             concerning
             the
             assistance
             of
             Lay
             men
             at
             Councels
             :
             
             that
             which
             we
             find
             recorded
             of
             the
             sixth
             generall
             Councell
             at
             c
             Constantinople
             ,
             and
             of
             the
             d
             seventh
             generall
             ,
             which
             was
             the
             second
             Nicene
             Councell
             ,
             at
             both
             which
             ,
             in
             all
             of
             their
             Sessions
             ,
             diverse
             Senators
             and
             officers
             of
             the
             Emperour
             did
             assist
             :
             that
             which
             e
             Durand
             Bishop
             of
             Mande
             saith
             in
             his
             treatise
             of
             Councels
             :
             that
             which
             the
             Abbat
             of
             Panormo
             ,
             in
             his
             allegations
             for
             the
             Councell
             of
             Basil
             :
             f
             Cardinall
             Turrecremata
             ,
             and
             Cardinall
             g
             Iacobatius
             ,
             who
             admittes
             them
             in
             diverse
             cases
             ,
             and
             amongst
             others
             in
             this
             very
             case
             whereof
             we
             speake
             .
             Yet
             for
             all
             that
             ,
             I
             cannot
             see
             what
             they
             can
             answer
             to
             h
             Marsilius
             of
             Padua
             ,
             who
             allowes
             Lay
             men
             to
             be
             judges
             in
             Councels
             ;
             for
             he
             would
             have
             all
             countries
             in
             the
             world
             ,
             and
             famous
             commonwealths
             ,
             following
             the
             ordination
             of
             their
             humane
             law-giver
             ,
             to
             elect
             out
             of
             faithfull
             men
             ,
             first
             of
             Priests
             ,
             next
             of
             others
             ,
             provided
             they
             bee
             fit
             men
             of
             an
             honest
             life
             and
             well
             versed
             in
             Gods
             Lawes
             .
             And
             as
             for
             the
             places
             before
             alledged
             ,
             let
             them
             say
             what
             they
             will
             ,
             it
             is
             plaine
             enough
             in
             most
             of
             them
             ,
             that
             Lay
             men
             were
             admitted
             into
             Councels
             to
             give
             voices
             ,
             and
             be
             partners
             in
             the
             judgement
             .
          
           
             46
             But
             bee
             it
             granted
             that
             they
             ought
             not
             to
             be
             received
             ,
             but
             only
             as
             councellours
             ;
             yet
             still
             there
             will
             be
             a
             grievance
             here
             ,
             seeing
             they
             were
             never
             admitted
             nor
             summoned
             thither
             in
             that
             kinde
             .
             There
             were
             only
             three
             Doctours
             of
             the
             Civill
             and
             Canon
             Lawes
             ,
             (
             saith
             Onuphrius
             )
             that
             were
             indeed
             called
             thither
             :
             or
             ,
             to
             speak
             more
             properly
             ,
             sent
             thither
             .
             But
             what
             to
             doe
             ?
             to
             bee
             slaves
             and
             servants
             to
             the
             Lords
             of
             the
             Councell
             .
             Marke
             what
             service
             Bellarmine
             deputes
             them
             to
             .
             *
             
               Of
               Laymen
            
             (
             saith
             hee
             )
             
               some
               few
               shall
               be
               called
               thither
               as
               shall
               seeme
               serviceable
               and
               necessary
               for
               some
               office
               in
               the
               Councell
               .
            
             That
             is
             ,
             in
             plaine
             English
             ,
             the
             Pope
             will
             send
             some
             such
             as
             he
             meanes
             to
             serve
             himselfe
             of
             ,
             so
             as
             the
             gate
             is
             shut
             against
             all
             others
             :
             and
             such
             ,
             saith
             Bellarmine
             ,
             was
             the
             practice
             of
             the
             Councell
             of
             Trent
             .
             We
             desired
             to
             heare
             thus
             much
             from
             him●
             that
             our
             complaint
             might
             have
             the
             surer
             ground
             .
             This
             was
             not
             the
             forme
             of
             that
             famous
             Councell
             of
             Constance
             ,
             
             where
             were
             present
             men
             of
             great
             eminency
             of
             all
             countreyes
             and
             conditions
             :
             those
             that
             have
             left
             us
             the
             description
             of
             it
             ,
             say
             there
             were
             twenty
             foure
             Dukes
             ,
             a
             hundred
             and
             forty
             Earles
             ,
             divers
             Delegates
             for
             Cities
             and
             Corporations
             ,
             divers
             learned
             Lawyers
             ,
             divers
             Burgesses
             of
             Universities
             .
             And
             it
             may
             easily
             be
             gathered
             from
             the
             Acts
             of
             that
             Councell
             ,
             that
             the
             Laiques
             were
             not
             debarred
             from
             giving
             of
             voices
             ,
             and
             power
             of
             deliberating
             .
          
           
             47
             At
             the
             first
             Councell
             of
             Pisa
             ,
             there
             were
             the
             delegates
             of
             Vniversities
             ,
             the
             Proctors
             of
             Cities
             ,
             and
             some
             Doctors
             in
             law
             ,
             to
             the
             number
             of
             foure
             hundred
             .
             
             
               All
               of
               whom
            
             (
             saith
             the
             Apology
             )
             
               treating
               of
               points
               of
               divinity
               ,
               when
               they
               had
               deposed
               the
               two
               antipopes
               ,
               that
               contended
               for
               the
               Popedome
               ,
               and
               elected
            
             Alexander
             
               the
               fifth
               Pope
               in
               their
               stead
               ,
               a
               most
               learned
               and
               discreet
               man
               ,
               made
               many
               good
               ordinances
               in
               the
               Church
               of
               God.
               
            
          
           
             48
             At
             the
             second
             Councell
             of
             Pisa
             ,
             there
             were
             also
             the
             delegates
             of
             Universities
             ,
             amongst
             others
             of
             
               Paris
               ,
               Tholous
            
             ,
             and
             Poictiers
             ,
             with
             sundry
             Doctours
             in
             Law
             ,
             
               and
               other
               men
               in
               great
               abundance
               ,
            
             (
             say
             the
             Acts
             )
             
               well
               skilled
               in
               matters
               both
               divine
               and
               humane
               .
            
             Thus
             should
             generall
             Councels
             bee
             composed
             ;
             mainly
             then
             when
             the
             question
             is
             about
             putting
             an
             end
             to
             disorders
             ,
             schismes
             ,
             wars
             ,
             and
             bloud-shed
             ;
             then
             when
             the
             Clergy
             cannot
             agree
             themselves
             .
             I
             know
             well
             it
             will
             be
             hard
             to
             perswade
             the
             Pope
             and
             his
             disciples
             to
             this
             ;
             who
             having
             usurped
             all
             authority
             over
             Councels
             ,
             surely
             over
             Clergy
             men
             of
             the
             meaner
             sort
             ,
             will
             be
             loath
             to
             let
             it
             goe
             .
             I
             know
             besides
             ,
             the
             Pope
             is
             not
             well
             content
             that
             his
             presidency
             should
             be
             disputed
             ,
             nor
             his
             power
             of
             calling
             and
             confirming
             Councels
             ,
             which
             he
             pretends
             a
             title
             to
             :
             that
             he
             is
             very
             impatient
             that
             any
             man
             should
             call
             him
             in
             question
             ,
             and
             indeed
             not
             without
             good
             cause
             ;
             there
             i●
             matter
             enough
             to
             put
             him
             past
             his
             patience
             .
             Let
             us
             therefore
             
             take
             a
             friendly
             course
             ,
             handle
             the
             matter
             gently
             ,
             
             conferre
             together
             and
             depute
             some
             men
             of
             rare
             knowledge
             of
             all
             conditions
             whatsoever
             ;
             it
             may
             bee
             God
             will
             bestow
             his
             blessing
             upon
             it
             .
             At
             least
             this
             care
             ,
             this
             endeavour
             ,
             this
             attempt
             ,
             will
             be
             commendable
             ,
             and
             excuse
             both
             before
             God
             and
             men
             ,
             those
             whom
             it
             concernes
             to
             provide
             for
             such
             matters
             .
          
        
         
           
             CHAP.
             IX
             .
             That
             this
             Councell
             was
             nothing
             else
             but
             a
             Papall
             conventicle
             .
          
           
             1
             WEE
             may
             collect
             from
             the
             former
             discourse
             ,
             that
             no
             man
             had
             any
             voice
             in
             the
             Councell
             ,
             but
             such
             as
             were
             sworne
             to
             the
             Pope
             ;
             and
             thence
             quickly
             inferre
             ,
             therefore
             nothing
             was
             done
             there
             ,
             but
             what
             hee
             pleased
             .
             Though
             the
             conclusion
             be
             good
             ,
             yet
             will
             we
             descend
             to
             the
             proofe
             of
             it
             .
             King
             Henry
             the
             second
             saith
             as
             much
             in
             his
             act
             of
             Protestation
             ;
             
             
               He
               hath
               bred
               a
               suspition
               in
               all
               men
               ,
            
             (
             saith
             he
             ,
             speaking
             of
             the
             Pope
             )
             
               that
               this
               calling
               of
               the
               Councell
               againe
               ,
               was
               not
               any
               way
               for
               the
               common
               good
               and
               profit
               of
               the
               Catholique
               Church
               ,
               but
               rather
               upon
               compact
               and
               accord
               with
               those
               whose
               interests
               are
               served
               in
               this
               assembly
            
             :
             He
             meanes
             the
             King
             of
             Spaine
             ,
             who
             was
             the
             Popes
             favourite
             ,
             and
             by
             consequence
             the
             Councels
             .
             Nor
             was
             there
             any
             Canon
             ,
             or
             Decree
             ,
             or
             any
             other
             thing
             resolved
             there
             ,
             but
             by
             direction
             from
             the
             oracle
             of
             the
             Court
             of
             Rome
             ;
             
             witnesse
             Mr.
             
               Iames
               Amiot
            
             ,
             Abbat
             of
             Bellosane
             ,
             and
             afterwards
             Bishop
             of
             Auxerre
             ,
             who
             presented
             the
             act
             of
             Protestation
             to
             the
             Councell
             the
             first
             of
             September
             1151
             ,
             and
             who
             set
             downe
             the
             whole
             story
             of
             it
             in
             a
             letter
             of
             his
             written
             to
             Monsieur
             de
             
               Morviller
               ;
               They
               will
               not
            
             (
             saith
             hee
             )
             
               have
               this
               act
               come
               to
               light
               ,
               till
               there
               bee
               some
               or
               other
               answer
               to
               it
               ,
               which
               they
               expect
               to
               be
               sent
               them
               from
            
             Rome
             ,
             This
             makes
             that
             story
             credible
             ,
             which
             some
             have
             delivered
             in
             their
             writings
             ,
             
             urging
             Mr.
             
               Iames
               de
               Ligueris
            
             for
             proofe
             thereof
             ,
             who
             went
             to
             the
             Councell
             in
             behalfe
             of
             King
             Henry
             ,
             the
             yeere
             1551
             ,
             to
             see
             what
             was
             done
             there
             ;
             namely
             ,
             how
             the
             article
             of
             the
             residence
             of
             Bishops
             ,
             being
             even
             upon
             the
             point
             of
             being
             concluded
             upon
             ,
             with
             some
             infringement
             to
             the
             Popes
             authority
             ;
             hee
             being
             advertised
             thereof
             by
             his
             Legates
             ,
             commanded
             them
             to
             defer
             the
             conclusion
             of
             that
             decree
             for
             six
             months
             ;
             during
             which
             time
             he
             mustered
             up
             ,
             or
             created
             anew
             full
             fourty
             Bishops
             of
             Apulia
             and
             Sicily
             ,
             whom
             hee
             presently
             embarked
             and
             made
             them
             hye
             to
             Trent
             :
             and
             how
             when
             they
             came
             there
             they
             hindred
             that
             resolution
             which
             was
             like
             to
             have
             beene
             made
             ,
             crying
             out
             that
             the
             Councell
             could
             not
             set
             lawes
             to
             the
             Pope
             ,
             and
             that
             they
             were
             all
             nothing
             but
             his
             Holynesses
             creatures
             .
          
           
             2
             The
             Emperour
             Ferdinand
             hath
             said
             as
             much
             in
             termes
             so
             expresse
             ,
             
             in
             a
             letter
             of
             his
             writ
             to
             Pope
             Pius
             the
             fourth
             ,
             as
             takes
             away
             all
             scruple
             which
             can
             bee
             made
             hereof
             .
             
               That
               it
               may
               be
               lawfull
            
             (
             saith
             hee
             )
             
               for
               the
               Fathers
               ,
               freely
               to
               speake
               and
               decree
               that
               which
               the
               Holy
               Ghost
               and
               their
               own
               consciences
               shall
               suggest
               unto
               them
               without
               feare
               or
               favour
               ,
               all
               good
               order
               being
               there
               observed
               ,
               by
               which
               meanes
               all
               confusion
               which
               might
               be
               feared
               shall
               be
               avoided
               ,
               so
               as
               there
               shall
               be
               no
               need
               of
               ru●ning
               out
               of
               the
               Councell
               for
               the
               determination
               of
               such
               points
               as
               are
               debated
               in
               it
               .
               Wee
               are
               confident
               your
               Holynesse
               will
               never
               bend
               your
               designes
               
               that
               way
            
             ;
             
             
               and
               that
               you
               will
               never
               give
               way
               to
               the
               introduction
               of
               any
               novelty
               ,
               into
               a
               State
               so
               distempered
               and
               troubled
               ,
               whereby
               the
               liberty
               of
               the
               Councell
               may
               seeme
               to
               bee
               any
               way
               abated
               or
               violated
               .
            
             There
             are
             yet
             other
             complaints
             in
             the
             same
             letters
             ,
             which
             shew
             but
             the
             too
             great
             slavery
             of
             those
             good
             Fathers
             ,
             and
             the
             little
             respect
             that
             was
             used
             towards
             them
             .
          
           
             
             3
             The
             French
             Ambassadour
             gives
             them
             also
             some
             quips
             ,
             and
             those
             pretty
             ones
             ,
             and
             plain
             enough
             :
             Christendome
             (
             saith
             he
             )
             
               hath
               reapt
               but
               little
               or
               no
               good
               at
               all
               from
               the
               many
               Councels
               which
               have
               been
               holden
               in
               and
               before
               our
               times
               ,
               both
               in
            
             Germany
             and
             Italy
             ;
             
               things
               remaine
               still
               at
               one
               stay
               ,
               that
               is
               ,
               in
               a
               poore
               and
               miserable
               plight
               .
               But
               the
               ca●se
               of
               that
               misery
               doth
               now
               cease
               ,
               and
               hath
               no
               place
               in
               this
               present
               assembly
               ;
               for
               their
               judgements
               were
               not
               free
               ,
               and
               for
               a
               great
               many
               of
               them
               there
               was
               more
               subjection
               to
               the
               humors
               of
               great
               personages
               ,
               than
               liberty
               of
               conscience
               ;
               which
               is
               much
               to
               be
               feared
               in
               a
               matter
               of
               this
               nature
               .
               But
               as
               for
               you
               ,
               Sirs
               ,
               who
               are
               here
               assembled
               in
               the
               name
               of
               God
               ,
               you
               acknowledge
               no
               superiour
               ,
               but
               the
               honour
               of
               God
               ,
               and
               the
               quiet
               of
               his
               Church
               .
            
          
           
             4
             And
             presently
             after
             he
             addes
             ;
             
               If
               wee
               will
               apply
               our selves
               to
               the
               humour
               of
               this
               or
               that
               Prince
               whatsoever
               ;
               and
               if
               we
               chuse
               rather
               to
               mistake
               the
               truth
               by
               that
               meanes
               ,
               than
               embrace
               our
               owne
               salvation
               ,
               and
               the
               right
               managing
               of
               affair●
               there
               is
               no
               question
               but
               the
               neglect
               of
               our
               duty
               deprives
               us
               of
               the
               glory
               of
               heaven
               and
               if
               so
               be
               there
               be
               any
               default
               of
               yours
               in
               this
               respect
               ,
               (
               howbeit
               your
               vertues
               doe
               assure
               me
               of
               the
               contrary
               )
               the
               state
               of
               religion
               will
               be
               so
               desperate
               ,
               that
               there
               will
               be
               no
               hope
               of
               remedy
               left
               .
            
             I
             have
             seene
             the
             originall
             copy
             of
             a
             letter
             in
             the
             hands
             of
             a
             learned
             Catholique
             ,
             dated
             the
             19
             of
             May
             1563
             ,
             written
             from
             Trent
             to
             Rome
             ,
             by
             Monsieur
             de
             Lansac
             ,
             King
             Charles
             his
             ambassadour
             at
             the
             Councell
             of
             Trent
             ,
             unto
             Monsieur
             de
             Lisle
             ,
             the
             same
             Kings
             ambassadour
             to
             the
             Pope
             ;
             wherein
             he
             intreats
             him
             to
             deale
             so
             ,
             that
             the
             Pope
             would
             leave
             the
             Councell
             to
             their
             liberty
             ,
             and
             send
             the
             Holy
             Ghost
             no
             more
             in
             a
             Clokebag
             .
             The
             Lord
             
               de
               Ferriers
            
             ,
             assisted
             by
             the
             Lord
             of
             Pibrac
             in
             his
             oration
             delivered
             in
             September
             1563
             ,
             touching
             the
             precedency
             of
             the
             King
             of
             France
             ,
             before
             the
             King
             of
             Spaine
             ,
             accuseth
             the
             Pope
             
               of
               bereaving
               his
               eldest
               son
               of
               the
               honour
               that
               belongs
               unto
               him
               ;
               of
               arrogating
               unto
               himselfe
               power
               over
               the
               Councell
               ,
               and
               prescribing
               unto
               it
               what
               it
               must
               follow
               and
               observe
               .
            
             And
             in
             the
             letters
             written
             by
             the
             same
             Ambassadours
             unto
             King
             Charles
             ,
             the
             25
             of
             November
             1563
             ,
             upon
             occasion
             of
             their
             retiring
             to
             Venice
             ;
             they
             say
             amongst
             other
             reasons
             ,
             they
             departed
             from
             the
             Councell
             ,
             
               Because
               nothing
               was
               done
               there
               ,
               but
               what
               pleased
               the
               Pope
               ;
               and
               hereupon
               they
               stood
               so
               long
               upon
               determining
               things
               proposed
               ,
               if
               there
               was
               any
               difficulty
               ,
               because
               they
               must
               send
               to
            
             Rome
             
               to
               seeke
               the
               Popes
               resolution
            
             .
          
           
             5
             This
             is
             also
             the
             great
             complaint
             ,
             which
             hath
             ever
             beene
             made
             ,
             and
             that
             justly
             ,
             by
             the
             Protestants
             of
             Germany
             .
             Heare
             what
             
               Paul
               Vergerius
            
             (
             who
             had
             formerly
             been
             the
             Popes
             Legat
             in
             Germany
             against
             Luther
             and
             the
             Protestants
             )
             speakes
             concerning
             it
             in
             an
             Epistle
             of
             his
             to
             the
             Bishops
             of
             Italy
             .
             
             
               I
               desire
               you
               moreover
               to
               consider
               a
               little
               ,
               and
               throughly
               to
               informe
               your selves
               of
               that
               which
               Pope
            
             Paul
             
               the
               third
               ,
               and
            
             Iulius
             
               the
               second
               lately
               deceased
               ,
               were
               wont
               to
               doe
               :
               they
               framed
               Ordinances
               and
               Decrees
               to
               their
               carrier
               ,
               then
               they
               sent
               them
               to
            
             Trent
             ,
             
               with
               an
               expresse
               injunction
               that
               nothing
               should
               be
               determined
               ,
               but
               what
               they
               commanded
               .
               Which
               I
               know
               to
               be
               very
               true
               ,
               because
               in
               the
               time
               of
               Pope
            
             Paul
             
               my selfe
               being
               then
               Bishop
               was
               at
            
             Trent
             ,
             
               from
               whence
               I
               was
               ferreted
               ,
               because
               I
               was
               suspected
               to
               have
               taken
               notice
               of
               it
               :
               whereupon
               they
               were
               afraid
               lest
               I
               should
               disclose
               it
               ;
               howbeit
               I
               knew
               but
               very
               little
               of
               it
               at
               that
               time
               .
               And
               there
               is
               none
               now
               but
               knowes
               that
               all
               the
               definitions
               which
               were
               first
               made
               at
            
             Rome
             
               by
               the
               Popes
               commandement
               were
               sent
               afterwards
               to
               the
               Legat
               ,
               that
               he
               might
               looke
               well
               to
               this
               ,
               that
               the
               divines
               observed
               the
               same
               order
               and
               platforme
               in
               their
               disputes
               ,
               as
               was
               prescribed
               to
               them
               .
               Whence
               it
               came
               to
               passe
               ,
               that
               they
               commonly
               say
               nowadayes
               ,
               The
               Holy
               Ghost
               came
               to
            
             Trent
             
               packt
               up
               in
               a
               Clokebag
            
             .
          
           
           
             6
             A
             learned
             man
             of
             those
             times
             among
             the
             Protestants
             ,
             
             called
             
               Fabricius
               Montanus
            
             ,
             hath
             made
             a
             great
             complaint
             hereof
             in
             a
             speech
             of
             his
             pronounced
             before
             the
             States
             of
             Germany
             ;
             which
             is
             contradicted
             by
             Fontidonius
             a
             Doctor
             in
             Divinity
             ,
             he
             that
             made
             the
             speech
             in
             the
             behalfe
             of
             the
             King
             of
             Spain
             at
             that
             Councell
             .
             
             I
             shall
             content
             my self
             with
             two
             passages
             which
             that
             Apologist
             labours
             to
             refute
             in
             his
             rejoynder
             .
             
               As
               for
               that
            
             (
             saith
             he
             )
             
               which
               you
               urge
               and
               account
               for
               a
               fault
               ,
               that
               the
               Pope
               doth
               not
               submit
               himselfe
               to
               the
               Councell
               ,
               but
               rather
               the
               Fathers
               of
               the
               Councell
               are
               subject
               to
               him
               ,
               what
               furtherance
               can
               that
               bring
               to
               your
               cause
               ?
            
             And
             in
             another
             place
             ;
             
               You
               rake
               up
               many
               calumnies
               ,
               not
               crimes
               ,
               which
               you
               doe
               not
               confirme
               by
               any
               arguments
               ,
               as
               that
               the
               Fathers
               of
               the
               Councell
               doe
               wholy
               conforme
               themselves
               to
               that
               which
               is
               prescribed
               in
               a
               certaine
               schedule
               containing
               the
               declaration
               of
               his
               pleasure
               .
            
             There
             are
             many
             other
             writings
             besides
             ,
             wherein
             may
             be
             read
             the
             same
             complaint
             .
          
           
             7
             Howbeit
             the
             Doctor
             doe
             peremptorily
             deny
             that
             it
             was
             so
             ,
             and
             sayes
             that
             the
             Pope
             and
             the
             Councell
             did
             accord
             very
             well
             ,
             yet
             for
             all
             his
             answer
             it
             is
             not
             amisse
             to
             tell
             him
             what
             Onuphrius
             saith
             in
             the
             life
             of
             Paul
             the
             third
             ,
             
             for
             it
             serves
             very
             well
             to
             our
             purpose
             .
             
               Being
               thus
               highly
               offended
               with
               the
               Emperour
            
             (
             saith
             he
             )
             
               without
               any
               dissembling
               of
               it
               ,
               he
               beganne
               to
               thinke
               of
               suspending
               the
               Councell
               (
               which
               he
               had
               formerly
               commanded
               to
               bee
               kept
               at
            
             Trent
             ,
             
               in
               courtesie
               to
               the
               Emperour
               )
               and
               of
               removing
               it
               to
            
             Bononia
             ,
             
               which
               he
               was
               the
               more
               willing
               to
               doe
               ,
               because
               hee
               had
               understood
               how
               his
               dignity●
               was
               taxed
               and
               disparaged
               by
               the
               malice
               of
               some
               su●orned
               Prelates
               ,
               in
               certaine
               sanctions
               decreed
               upon
               in
               an
               odious
               disputation
               .
            
             See
             what
             the
             Popes
             use
             to
             doe
             when
             the
             Councels
             do●
             not
             please
             their
             palat
             ,
             and
             doe
             what
             they
             would
             have
             them
             :
             so
             Pope
             Eugenius
             dealt
             with
             the
             Councell
             of
             Basil
             ,
             
             and
             Pope
             Iulius
             the
             second
             with
             that
             of
             Pisa.
             This
             transferring
             of
             the
             Councell
             was
             put
             in
             execution
             ,
             howbeit
             it
             was
             contradi●ted
             by
             divers
             Bishops
             ,
             as
             appeares
             by
             the
             eighth
             Session
             .
          
           
             8
             We
             will
             conclude
             ,
             we
             need
             not
             seeke
             a
             more
             authentique
             proofe
             hereof
             ●han
             the
             determinations
             of
             the
             Councell
             it selfe
             ,
             which
             were
             all
             entirely
             submitted
             to
             the
             Popes
             authority
             ,
             and
             which
             for
             the
             most
             part
             tend
             to
             no
             other
             end
             but
             the
             support
             of
             his
             greatnesse
             .
             So
             Pius
             the
             fourth
             in
             a
             publique
             oration
             of
             his
             delivered
             in
             the
             Consistory
             after
             the
             conclusion
             of
             t●e
             Councell
             ,
             thankes
             them
             heartily
             
               for
               having
               such
               a
               tender
               regard
               to
               his
               authority
               ,
               when
               they
               went
               about
               an
               Ecclesiasticall
               reformation
               ;
               in
               so
               much
               that
               if
               hee
               had
               undertaken
               to
               reforme
               himselfe
               he
               should
               have
               gone
               more
               severely
               to
               worke
            
             ;
             as
             appeares
             by
             that
             Oration
             printed
             with
             the
             French
             translation
             of
             the
             Councell
             of
             Trent
             ,
             which
             was
             very
             wisely
             retained
             by
             a
             learned
             Sorbonist
             .
             But
             indeed
             it
             is
             a
             thing
             not
             much
             to
             be
             marvailed
             at
             ;
             for
             what
             could
             such
             men
             doe
             else
             ,
             which
             were
             not
             their
             owne
             masters
             ,
             which
             were
             bound
             to
             the
             Pope
             by
             such
             a
             strict
             oath
             that
             they
             durst
             not
             flinch
             from
             him
             ,
             yea
             they
             durst
             not
             so
             much
             as
             speake
             the
             truth
             in
             what
             concerned
             him
             ?
             So
             said
             
               AEneas
               Sylvius
            
             in
             an
             Epistle
             to
             the
             Chapter
             of
             
               Mayence
               :
               Even
               to
               speake
               truth
               against
               the
               Pope
               is
               to
               breake
               the
               oath
               of
               a
               Bishop
               .
            
             And
             indeed
             marke
             the
             purport
             of
             one
             of
             the
             clauses
             in
             the
             new
             oath
             ,
             
               They
               shall
               disclose
               ,
               and
               effectually
               hinder
               with
               all
               their
               might
               whatsoever
               shall
               be
               plotted
               ,
               negotiated
               ,
               or
               attempted
               against
               the
               Pope
               .
            
             They
             are
             also
             tyed
             by
             the
             ancient
             forme
             ,
             
             
               To
               defend
               the
               Popedome
               of
               the
               Church
               of
            
             Rome
             
               against
               all
               sorts
               of
               men
            
             .
             Besides
             it
             was
             very
             equitable
             that
             they
             should
             doe
             something
             for
             him
             ,
             considedering
             the
             benefit
             they
             received
             from
             him
             .
             First
             ,
             it
             is
             to
             be
             considered
             that
             they
             were
             maintained
             there
             at
             his
             proper
             cost
             and
             charges
             ;
             which
             (
             if
             it
             bee
             duely
             observed
             )
             was
             no
             small
             matter
             ,
             to
             defray
             such
             a
             number
             of
             men
             for
             so
             many
             yeares
             .
             
             Pope
             Pius
             (
             saith
             Onuphius
             )
             
               spent
               a
               great
               summe
               of
               money
               in
               the
               celebration
               of
               this
               Councel
               ,
               considering
               that
               he
               gave
               liberall
               allowances
               for
               diet
               and
               maintenance
               of
               the
               poore
               Bishops
               and
               Priests
               ,
               and
               to
               all
               the
               Officers
               of
               the
               Councell
               :
               a
               thing
               which
               was
               anciently
               done
               by
               the
               Emperour
               .
            
          
           
           
             
             9
             AS
             for
             this
             last
             ,
             we
             reade
             indeed
             that
             Constantine
             the
             Emperour
             feasted
             all
             the
             Bishops
             of
             the
             Councell
             of
             Nice
             ;
             that
             he
             bore
             their
             charges
             ,
             and
             gave
             presents
             to
             them
             ;
             as
             also
             he
             caused
             his
             officers
             to
             allow
             them
             the
             coaches
             and
             horses
             of
             the
             State
             to
             help
             them
             on
             their
             way
             .
             
             The
             same
             Emperour
             sent
             the
             chiefe
             of
             his
             Court
             to
             Ierusalem
             to
             minister
             such
             things
             as
             the
             Bishops
             there
             assembled
             ,
             with
             their
             associates
             ,
             and
             all
             other
             necessitous
             people
             stood
             in
             need
             of
             .
             And
             thus
             must
             wee
             understand
             that
             which
             Sozomen
             speakes
             of
             the
             expences
             of
             the
             Commonwealth
             upon
             the
             Bishops
             which
             were
             summoned
             to
             Synods
             ;
             for
             this
             must
             be
             referred
             to
             the
             Emperours
             .
             Constantius
             commanded
             that
             the
             Bishops
             at
             the
             Councell
             of
             Ariminum
             should
             have
             their
             lodging
             and
             diet
             allowed
             ;
             but
             our
             Frenchmen
             were
             so
             scrupulous
             that
             they
             would
             not
             accept
             of
             it
             ;
             chusing
             rather
             to
             live
             sparingly
             upon
             their
             owne
             pittances
             ,
             than
             to
             feast
             it
             at
             the
             publique
             charges
             .
          
           
             10
             It
             was
             good
             reason
             this
             charge
             should
             be
             transferred
             from
             the
             Emperours
             to
             the
             Popes
             ;
             since
             they
             pretend
             now
             adayes
             that
             the
             right
             of
             calling
             Councels
             ,
             and
             presiding
             in
             them
             belongs
             to
             them
             ,
             which
             was
             formerly
             the
             Emperors
             :
             nay
             more
             ,
             since
             they
             have
             now
             ingrossed
             all
             the
             Imperiall
             power
             and
             dignity
             into
             their
             hands
             ,
             that
             so
             he
             that
             enjoyes
             the
             honour
             ,
             should
             also
             beare
             the
             charg●s
             .
             Yet
             these
             are
             they
             that
             underwent
             this
             charge
             ,
             that
             they
             might
             thereby
             confirme
             their
             claime
             of
             presidency
             and
             convocation
             which
             was
             questioned
             ,
             and
             to
             winne
             a
             more
             favourable
             verdict
             from
             those
             Fathers
             .
             If
             a
             Iudge
             may
             be
             refused
             by
             course
             of
             Law
             ,
             because
             he
             hath
             eaten
             or
             drunken
             with
             one
             of
             the
             parties
             ,
             much
             more
             may
             they
             bee
             that
             make
             themselves
             domestiques
             and
             pensioners
             ,
             as
             those
             Bishops
             did
             ,
             whose
             judgement
             is
             therefore
             lawfully
             rejected
             at
             this
             present
             .
          
           
             11
             Pius
             the
             fourth
             did
             them
             yet
             another
             courtesie
             ,
             for
             by
             his
             Bull
             of
             the
             first
             of
             April
             1561.
             hee
             exempted
             them
             from
             all
             paying
             of
             tenthes
             during
             the
             time
             of
             their
             abode
             at
             the
             Councell
             :
             and
             it
             is
             furthermore
             probable
             that
             hee
             anointed
             them
             in
             the
             fist
             with
             some
             good
             fat
             Benefices
             ,
             at
             least
             the
             stoutest
             of
             them
             ,
             and
             those
             which
             did
             him
             the
             best
             service
             .
          
        
         
           
           
             CHAP.
             X.
             That
             the
             number
             of
             Bishops
             there
             present
             was
             so
             small
             ,
             that
             it
             cannot
             be
             accounted
             Generall
             .
          
           
             1
             LEt
             us
             here
             observe
             that
             the
             number
             of
             Bishops
             in
             this
             Councell
             was
             so
             small
             ,
             
             that
             it
             doth
             no
             way
             deserve
             the
             style
             of
             Generall
             and
             Oecumenicall
             .
             In
             the
             first
             Session
             there
             were
             foure
             Archbishops
             ,
             twenty
             three
             Bishops
             ,
             the
             King
             of
             the
             Romanes
             Ambassadour
             ,
             the
             Captaine
             of
             the
             City
             of
             Trent
             ,
             five
             Generals
             of
             Orders
             ,
             and
             a
             few
             Doctors
             .
             In
             the
             next
             there
             were
             five
             Bishops
             and
             three
             Abbats
             more
             .
             In
             the
             third
             there
             was
             an
             eke
             of
             one
             Cardinall
             and
             two
             Bishops
             .
             In
             the
             fourth
             they
             were
             in
             all
             nine
             Archbishops
             ,
             and
             forty
             three
             Bishops
             .
             In
             the
             fifth
             there
             came
             in
             five
             Bishops
             more
             .
             In
             the
             sixth
             there
             were
             fifty
             seven
             Archbishops
             and
             Bishops
             in
             all
             a
             .
             In
             the
             seventh
             three
             Bishops
             more
             .
             In
             the
             eight
             ,
             fourty
             three
             Bishops
             ,
             and
             eight
             Archbishops
             ;
             and
             so
             on
             in
             the
             most
             of
             the
             rest
             ,
             except
             the
             last
             ,
             wherein
             the
             number
             was
             greater
             .
             But
             what
             is
             this
             I
             pray
             in
             comparison
             of
             that
             of
             Nice
             ,
             where
             there
             were
             three
             hundred
             and
             eighteene
             Bishops
             ?
             Or
             that
             of
             Ephesus
             ,
             where
             there
             were
             two
             hundred
             ?
             that
             of
             Chalcedon
             ,
             where
             there
             were
             six
             hundred
             ?
             that
             of
             Constance
             ,
             three
             hundred
             ?
             that
             of
             Basil
             ,
             where
             were
             above
             foure
             hundred
             Bishops
             ,
             and
             others
             ?
             The
             first
             at
             Constantinople
             was
             the
             thinnest
             ,
             where
             there
             were
             onely
             a
             hundred
             and
             fifty
             Bishops
             ;
             but
             the
             reason
             of
             that
             was
             ,
             because
             at
             the
             same
             time
             there
             was
             another
             holden
             at
             Rome
             .
          
           
             2
             We
             urge
             this
             of
             purpose
             that
             wee
             may
             serve
             our
             turne
             with
             that
             which
             Bellarmine
             sayes
             ;
             who
             would
             make
             us
             beleeve
             that
             the
             former
             Sessions
             of
             the
             Councell
             of
             Constance
             are
             null
             and
             invalid
             ,
             because
             that
             certaine
             schismaticall
             Bishops
             fell
             off
             there
             and
             were
             defaulty
             ,
             because
             they
             sided
             with
             the
             factions
             of
             the
             two
             schismaticall
             Popes
             ,
             these
             (
             as
             hee
             saith
             )
             made
             up
             two
             parts
             of
             the
             Church
             :
             howbeit
             in
             those
             very
             Sessions
             there
             were
             present
             two
             hundred
             Bishops
             ,
             divers
             Cardinals
             ,
             the
             King
             of
             the
             Romanes
             in
             person
             ,
             and
             sundry
             Princes
             and
             Ambassadors
             .
             Now
             by
             the
             same
             reason
             wee
             may
             lawfully
             say
             that
             the
             greatest
             part
             of
             the
             Church
             made
             default
             in
             this
             of
             Trent
             ,
             yea
             &
             that
             it
             was
             no
             better
             than
             a
             Conventicle
             ,
             or
             at
             the
             best
             a
             National
             Councel
             .
             And
             indeed
             if
             we
             throughly
             reade
             the
             acts
             of
             this
             Councel
             ,
             we
             shall
             find
             that
             the
             greatest
             part
             of
             the
             Bishops
             &
             Ecclesiasticks
             that
             were
             there
             were
             either
             Italians
             or
             Spaniards
             ;
             and
             that
             there
             was
             but
             a
             very
             slender
             number
             of
             other
             nations
             ;
             and
             that
             especially
             towards
             the
             end
             .
             In
             all
             the
             Sessions
             under
             Paul
             the
             third
             wee
             finde
             but
             two
             Frenchmen
             ,
             and
             in
             some
             none
             at
             all
             .
             Insomuch
             as
             one
             of
             the
             Presidents
             of
             that
             Councell
             in
             a
             discourse
             of
             his
             in
             the
             last
             of
             those
             Sessions
             ,
             said
             ,
             
               That
               many
               Prelates
               are
               not
               yet
               come
               ,
               who
               wee
               know
               very
               well
               are
               upon
               their
               journey
               ,
            
             (
             saith
             he
             )
             
               and
               especially
               the
               devout
               and
               noble
            
             French
             Nation
             .
             They
             were
             not
             onely
             not
             come
             ,
             but
             which
             is
             more
             ,
             they
             came
             not
             at
             all
             ,
             as
             appeares
             by
             the
             catalogue
             annexed
             after
             that
             same
             Session
             .
             And
             after
             the
             death
             of
             Paul
             the
             third
             ,
             the
             Councell
             was
             forthwith
             broken
             up
             ,
             from
             the
             fourteenth
             of
             September
             1547.
             till
             the
             first
             of
             May
             1551.
             that
             it
             was
             set
             on
             foot
             againe
             and
             continued
             by
             virtue
             of
             the
             Bull
             of
             Iulius
             the
             third
             ,
             under
             whom
             were
             holden
             six
             Sessions
             ,
             and
             not
             a
             Frenchman
             assistant
             in
             any
             one
             of
             them
             ,
             as
             appeares
             by
             the
             same
             
             Acts.
             Thus
             it
             was
             at
             the
             time
             that
             Henry
             the
             second
             protested
             against
             the
             Councell
             ,
             
             and
             prohibited
             the
             Ecclesiastiques
             of
             his
             Realme
             to
             goe
             thither
             ,
             as
             shall
             be
             said
             hereafter
             .
          
           
             
             3
             That
             Protestation
             may
             be
             seene
             in
             print
             ,
             bearing
             date
             in
             August
             1551.
             out
             of
             which
             we
             have
             borrowed
             these
             words
             :
             
               He
               protested
               (
               as
               he
               may
               doe
               by
               law
               )
               that
               being
               busied
               in
               great
               warres
               ,
               hee
               is
               not
               bound
               of
               necessity
               to
               send
               the
               Bishops
               of
               his
               Kingdome
               to
               the
               Councell
               of
            
             Trent
             ;
             
               inasmuch
               as
               they
               could
               not
               have
               free
               and
               safe
               accesse
               thither
               ;
               and
               because
               the
               Councell
               it selfe
               ,
               from
               which
               he
               was
               excluded
               against
               his
               will
               ,
               is
               such
               as
               was
               never
               reputed
               for
               a
               generall
               one
               of
               the
               whole
               Church
               ;
               but
               rather
               accounted
               a
               privy
               Councell
               ,
               invented
               not
               out
               of
               any
               desire
               of
               reforming
               discipline
               ,
               and
               restoring
               it
               ,
               but
               for
               countenancing
               and
               favouring
               some
               body
               :
               briefly
               ,
               such
               as
               that
               there
               are
               more
               private
               respects
               than
               publique
               in
               it
               .
            
             Nor
             was
             there
             only
             a
             want
             of
             French
             Bishops
             and
             Ambassadours
             there
             ,
             but
             besides
             in
             all
             the
             Sessions
             holden
             under
             those
             two
             Popes
             ,
             there
             was
             but
             a
             very
             small
             number
             of
             Clergy
             men
             ,
             so
             that
             it
             cannot
             bee
             said
             that
             it
             was
             a
             generall
             Councell
             .
          
           
             4
             As
             for
             the
             other
             Sessions
             under
             Pius
             the
             fifth
             ,
             from
             the
             18
             of
             Ianuary
             1562
             ,
             till
             the
             end
             of
             the
             Councell
             ,
             the
             Bishops
             and
             other
             Ecclesiastiques
             of
             France
             were
             there
             indeed
             ,
             howbeit
             no
             great
             store
             ;
             as
             also
             the
             Ambassadours
             of
             Charles
             the
             ninth
             .
             But
             marke
             what
             is
             urged
             ,
             
               That
               which
               is
               invalid
               from
               the
               beginning
               ,
               cannot
               be
               made
               valid
               by
               tract
               of
               time
               :
            
             the
             last
             Sessions
             could
             not
             legitimate
             the
             former
             ,
             nor
             purge
             them
             of
             that
             vice
             which
             was
             inherent
             in
             them
             .
             We
             may
             adde
             moreover
             ,
             that
             the
             same
             plea
             of
             enmity
             which
             was
             alledged
             for
             Protestants
             ,
             holds
             good
             also
             for
             our
             Kings
             of
             France
             ;
             inasmuch
             as
             Pope
             Iulius
             the
             third
             tooke
             part
             with
             the
             Emperour
             against
             King
             Francis
             ;
             and
             Iulius
             the
             third
             with
             heart
             and
             good
             will
             made
             open
             warre
             upon
             Henry
             the
             second
             ,
             declaring
             him
             to
             be
             his
             enemy
             ;
             whereof
             he
             complaines
             in
             the
             forementioned
             act
             of
             Protestation
             :
             as
             also
             that
             he
             sought
             peace
             and
             quietnesse
             by
             the
             Lord
             Tervie●
             his
             Ambassadour
             ,
             and
             all
             other
             meanes
             possible
             ,
             but
             to
             no
             purpose
             .
          
        
         
           
           
             CHAP.
             XI
             .
             The
             nullities
             of
             the
             last
             Sessions
             .
          
           
             AS
             for
             those
             latter
             Sessions
             under
             Paul
             the
             fourth
             ,
             it
             is
             urged
             ,
             
             that
             being
             built
             upon
             a
             weake
             and
             fraile
             foundation
             ,
             they
             cannot
             hold
             out
             against
             a
             tempest
             ,
             bu●
             must
             of
             necessity
             fall
             to
             the
             ground
             .
             Authorities
             for
             proofe
             of
             this
             have
             beene
             produced
             by
             those
             that
             writ
             before
             me
             .
             
             Besides
             ,
             all
             the
             faults
             and
             defects
             of
             the
             former
             Sessions
             ,
             redound
             unto
             them
             ,
             and
             must
             be
             reckoned
             and
             imputed
             to
             them
             too
             ;
             as
             also
             all
             other
             nullities
             ,
             which
             we
             have
             hitherto
             insisted
             upon
             ,
             seeing
             they
             belong
             as
             well
             to
             the
             last
             Sessions
             as
             the
             first
             .
             Over
             and
             above
             all
             this
             ,
             we
             will
             here
             adde
             the
             complaints
             that
             have
             been
             made
             of
             the
             inujust
             proceedings
             of
             that
             Councell
             .
             The
             Emperour
             Ferdinand
             in
             his
             letters
             written
             to
             Pope
             Pius
             the
             fourth
             ,
             May
             the
             third
             1563
             ,
             faith
             ,
             
               Wee
               have
               with
               great
               griefe
               of
               heart
               been
               given
               to
               understand
               ,
               that
               in
               this
               holy
               Councell
               things
               are
               not
               carried
               in
               that
               order
               and
               fashion
               as
               wee
               and
               all
               devout
               people
               could
               wish
               ,
               and
               which
               the
               miserable
               state
               of
               the
               Christian
               common-wealth
               ,
               and
               our
               distressed
               religion
               might
               justly
               require
               ,
               which
               growes
               lesse
               and
               lesse
               every
               day
               ;
               it
               being
               to
               be
               feared
               ,
               that
               if
               convenient
               remedies
               bee
               not
               presently
               applyed
               ,
               the
               issue
               of
               the
               Councell
               will
               bee
               such
               as
               will
               minister
               scandall
               and
               offence
               to
               all
               Christendome
               ,
               and
               occasion
               of
               laughter
               to
               such
               as
               have
               cast
               off
               their
               obedience
               to
               your
               Holynesse
               ,
               and
               the
               holy
               Apostolique
               See
               ,
               and
               of
               maintaining
               with
               greater
               obstinacy
               than
               ever
               those
               severall
               opinions
               repugnant
               to
               our
               faith
               ,
               which
               they
               have
               already
               embraced
               .
            
             And
             a
             little
             after
             ;
             
               Alas
               ,
               what
               a
               pitifull
               thing
               it
               is
               ,
               that
               the
               Fathers
               and
               Doctours
               in
               the
               Councell
               should
               begin
               to
               abandon
               themselves
               to
               quarrels
               and
               contentions
               ,
               to
               our
               great
               losse
               and
               discredit
               ,
               and
               to
               the
               scorne
               and
               derision
               of
               our
               adversaries
               ?
            
          
           
             2
             
               Arnalt
               Ferriers
            
             ,
             President
             in
             the
             Court
             of
             Parliament
             of
             Paris
             ,
             in
             that
             oration
             which
             he
             made
             in
             the
             Councell
             ,
             September
             the
             22
             ,
             1563
             ,
             assisted
             by
             the
             Lord
             of
             Pibrac
             ,
             complaines
             thus
             ;
             
               That
               the
               Councell
               did
               not
               set
               about
               the
               reforming
               of
               the
               Church
               as
               they
               ought
               to
               doe
               :
               That
               it
               was
               not
               the
               reformation
               of
               those
               which
               are
               dead
               ,
               or
               those
               which
               shall
               come
               after
               ,
               which
               was
               demanded
               .
               
               Of
               whom
               then
               ?
               I
               will
               not
               tell
               you
               ,
               but
               it
               is
               easie
               to
               collect
               by
               enumeration
               .
               If
               any
               will
               reply
               ,
               that
               there
               have
               beene
               certaine
               decrees
               made
               concerning
               reformation
               ,
               and
               that
               by
               them
               satisfaction
               is
               given
               to
               such
               things
               as
               were
               demanded
               .
               We
               answer
               ,
               that
               they
               might
               indeed
               afford
               sufficient
               content
               ,
               if
               one
               thing
               might
               be
               paid
               for
               another
               without
               consent
               of
               the
               creditor
               :
               
               That
               there
               was
               a
               great
               deal
               of
               stir
               about
               reforming
               those
               things
               that
               needed
               not
               :
               That
               Kings
               and
               Princes
               were
               hereby
               deprived
               of
               their
               rights
               :
               That
               censures
               and
               excommunications
               had
               been
               denounced
               against
               them
               :
               That
               the
               liberties
               of
               the
               Gallicane
               Chuch
               ,
               have
               been
               beleaguerd
               ;
               whereupon
               according
               to
               the
               command
               which
               they
               had
               received
               from
               their
               Prince
               ,
               they
               were
               constrained
               to
               oppose
               themselves
               as
               they
               did
               .
            
          
           
             3
             I
             have
             seene
             the
             letters
             of
             King
             Charles
             ,
             dated
             August
             the
             28.
             1562
             ,
             written
             to
             his
             Ambassadours
             the
             Lords
             of
             Ferriers
             aud
             Pi●rac
             ;
             wherein
             hee
             commandeth
             them
             to
             retire
             from
             the
             Councell
             ,
             and
             to
             cause
             the
             Bishops
             of
             France
             to
             retire
             also
             .
             In
             another
             oration
             of
             his
             spoken
             about
             the
             end
             of
             the
             same
             September
             ,
             
             complaining
             of
             the
             wrong
             done
             to
             the
             French
             King
             touching
             precedency
             ;
             
             hee
             said
             ,
             
               That
               the
            
             French
             
               would
               not
               acknowledge
            
             Pius
             
               the
               fourth
               for
               Pope
               ;
               and
               that
               according
               to
               the
               command
               which
               they
               had
               received
               ,
               they
               charged
               the
               Bishops
               and
               other
               Ecclesiastiques
               of
            
             France
             ,
             
               to
               retire
               themselves
               and
               depart
               from
               the
               Councell
               .
            
             They
             were
             so
             hot
             then
             ,
             that
             the
             Councell
             was
             upon
             the
             point
             of
             inditing
             them
             ;
             yea
             ,
             they
             had
             entred
             the
             action
             when
             they
             went
             to
             Venice
             ,
             from
             whence
             they
             writ
             a
             letter
             to
             the
             Lord
             Cardinall
             of
             Lorrain
             ,
             that
             stayed
             at
             Trent
             ,
             dated
             the
             24
             of
             October
             1563
             ,
             wherein
             they
             complaine
             unto
             him
             that
             some
             French
             Bishops
             blamed
             their
             proceedings
             ;
             and
             amongst
             others
             the
             Archbishop
             of
             Sens
             ,
             who
             had
             said
             ,
             that
             it
             was
             all
             one
             as
             to
             turn
             Protestant
             ;
             that
             is
             ,
             Heretique
             ;
             which
             they
             stranged
             very
             much
             at
             ,
             seeing
             they
             had
             done
             nothing
             in
             that
             matter
             but
             by
             specia●l
             command
             from
             the
             King.
             And
             in
             the
             letter
             which
             they
             writ
             to
             King
             Charles
             from
             Venice
             the
             25
             of
             November
             1563
             ,
             they
             certifie
             him
             of
             their
             departure
             from
             the
             Councell
             according
             to
             his
             command
             ;
             telling
             him
             particularly
             the
             great
             motives
             they
             had
             of
             so
             doing
             .
          
           
             4
             The
             nullity
             of
             their
             proceedings
             shall
             more
             plainly
             appeare
             by
             such
             reasons
             as
             we
             shall
             urge
             in
             the
             following
             Books
             ;
             where
             wee
             shall
             shew
             how
             this
             Councell
             hath
             not
             had
             so
             much
             regard
             to
             the
             justice
             of
             the
             maine
             demands
             put
             up
             by
             Catholique
             Princes
             ,
             as
             to
             assert
             and
             augment
             that
             injust
             power
             which
             the
             Pope
             hath
             usurped
             over
             the
             Church
             and
             secular
             States
             :
             and
             that
             it
             hath
             even
             trampled
             under
             foot
             the
             right
             of
             our
             Kings
             ,
             and
             the
             liberties
             of
             the
             Gallicane
             Church
             .
          
        
         
           
             CHAP.
             XII
             .
             That
             in
             regard
             of
             the
             protestations
             made
             by
             those
             that
             complain●
             of
             this
             Councell
             ,
             their
             right
             remaines
             entire
             .
          
           
             
             1
             BUt
             before
             we
             passe
             to
             the
             handling
             of
             such
             points
             as
             concern
             the
             ground
             of
             the
             matter
             ,
             it
             is
             fitting
             we
             proceed
             to
             shew
             ,
             that
             there
             is
             nothing
             that
             stops
             our
             entrance
             ,
             or
             can
             hinder
             our
             passage
             ;
             that
             there
             are
             no
             pertinent
             or
             approveable
             reasons
             for
             the
             rejection
             of
             our
             plea.
             Amongst
             such
             as
             have
             reason
             to
             complaine
             ,
             some
             say
             they
             were
             not
             heard
             :
             others
             ,
             that
             if
             they
             were
             ,
             yet
             that
             is
             no
             hindrance
             ,
             but
             the
             judgement
             may
             be
             reiterated●
             So
             then
             ,
             here
             is
             the
             question
             ,
             if
             so
             be
             they
             may
             have
             a
             hearing
             ,
             whether
             there
             must
             be
             a
             Councell
             assembled
             againe
             ,
             or
             wee
             must
             doe
             them
             right
             some
             other
             way
             ?
             
             The
             glossator
             of
             the
             Canon
             law
             decides
             the
             first
             point
             ,
             when
             hee
             saith
             ,
             That
             he
             which
             hath
             been
             lawfully
             obstinate
             ;
             that
             is
             ,
             against
             whom
             the
             formalities
             required
             in
             case
             of
             obstinacy
             ,
             have
             beene
             observed
             ,
             
               before
               a
               judge
               which
               is
               suspected
               and
               refuseable
               ,
               is
               not
               bound
               to
               send
               a
               proctour
               there
               to
               plead
               the
               causes
               of
               his
               suspition
            
             ;
             nay
             ,
             it
             is
             not
             necessary
             to
             protest
             :
             but
             even
             
               eo
               ips●
            
             ,
             inasmuch
             as
             hee
             hath
             occasion
             to
             make
             refusall
             ,
             all
             the
             processe
             is
             avoidable
             .
             The
             reason
             whereof
             ,
             in
             my
             opinion
             ,
             is
             ,
             because
             the
             judge
             that
             knowes
             himself
             to
             be
             suspected
             ,
             should
             have
             the
             modesty
             to
             refuse
             himselfe
             ,
             and
             not
             stay
             till
             it
             bee
             said
             unto
             him
             ,
             Forbear
             .
             So
             the
             old
             a
             Romans
             used
             to
             doe
             ;
             and
             it
             is
             the
             practice
             in
             France
             ,
             which
             hath
             been
             prescribed
             to
             us
             by
             our
             b
             ordinances
             :
             recusations
             have
             ever
             beene
             admitted
             with
             ease
             ;
             and
             oftentimes
             it
             hath
             been
             sufficient
             
             to
             c
             sweare
             ,
             that
             the
             party
             refused
             was
             an
             injust
             Iudge
             ,
             
             without
             rendring
             any
             further
             reason
             .
             It
             was
             to
             be
             wished
             that
             the
             Pope
             had
             asked
             his
             own
             conscience
             ,
             and
             examined
             whether
             he
             could
             be
             judge
             in
             the
             case
             in
             hand
             ;
             seeing
             that
             he
             was
             accused
             and
             taken
             for
             a
             party
             himselfe
             ,
             and
             he
             also
             presecuting
             the
             condemnation
             of
             his
             enemies
             ,
             those
             whom
             hee
             had
             pursued
             with
             fire
             and
             sword
             ,
             and
             condemned
             already
             by
             his
             Buls
             .
             Which
             seeing
             he
             did
             not
             doe
             ,
             he
             is
             therefore
             the
             more
             refuseable
             ,
             and
             there
             is
             a
             flat
             nullity
             in
             all
             his
             proceedings
             .
          
           
             2
             In
             the
             first
             place
             ,
             the
             Princes
             of
             Germany
             assembled
             with
             their
             Divines
             at
             Smalcald
             ,
             the
             yeere
             ,
             1537
             ,
             after
             they
             had
             proposed
             by
             the
             Vicechancelour
             of
             the
             Emperour
             Charles
             the
             fifth
             ,
             
               Matthias
               Held
            
             ,
             a●●
             declared
             the
             reasons
             that
             withheld
             them
             from
             repairing
             to
             the
             Councell
             ,
             they
             published
             a
             writing
             to
             that
             effect
             ,
             the
             contents
             whereof
             were
             ,
             
             
               that
               a
               Councell
               where
               the
               Pope
               and
               his
               adherents
               have
               the
               commanding
               power
               ,
               ought
               not
               to
               be
               holden
               legitimate
               :
               That
               the
               power
               of
               judging
               belongs
               not
               onely
               to
               the
               Pope
               and
               the
               Bishops
               ,
               but
               to
               the
               Church
               ,
               wherein
               are
               comprehended
               Kings
               and
               other
               States
               :
               That
               the
               Pope
               in
               this
               case
               is
               a
               party
               :
               That
               it
               is
               not
               only
               his
               power
               and
               excesse
               which
               is
               called
               in
               question
               ,
               but
               his
               lawes
               and
               doctrine
               ,
               and
               he
               is
               accused
               of
               heresie
               and
               idolatry
               :
               That
               he
               hath
               already
               condemned
               those
               whom
               he
               intends
               to
               judge
               in
               the
               Councell
               :
               That
               the
               Convocation
               of
               it
               is
               not
               such
               as
               was
               promised
               it
               should
               bee
               ,
               namely
               in
               a
               place
               of
               freedome
               and
               safety
               ,
               and
               that
               in
               one
               or
               other
               of
               the
               Cities
               of
            
             Germany
             .
             But
             because
             the
             author
             of
             this
             narration
             may
             be
             suspected
             by
             some
             ,
             I
             will
             produce
             his
             adversaries
             .
             Pontanus
             speaking
             of
             this
             assembly
             ,
             saith
             ,
             that
             
               the
               Protestants
               after
               much
               deliberation
               made
               answer
               ,
               that
               they
               would
               never
               give
               way
               to
               the
               keeping
               of
               the
               Councell
               in
               Italy
               ;
               nor
               that
               the
               Pope
               and
               his
               confederate
               should
               be
               presidents
               of
               it
               :
               That
               the
               Pope
               and
               his
               favourits
               should
               condemne
               their
               doctrine
               ,
               however
               sound
               :
               That
               they
               would
               not
               submit
               themselves
               to
               his
               tyranny
               .
            
          
           
             3
             
               Laurence
               Surius
            
             is
             yet
             more
             ●ull
             ;
             for
             speaking
             of
             that
             very
             assembly
             hee
             saith
             ;
             
             
               The
               twenty
               fourth
               of
               February
               ,
               all
               the
               confederates
               made
               answer
               at
               large
               ;
               which
               answere
               I
               would
               here
               set
               downe
               ,
               if
               it
               were
               to
               any
               purpose
               .
               They
               talked
               much
               of
               the
               Councell
               ,
               which
               they
               would
               have
               to
               be
               free
               ,
               and
               that
               Luther
               forsooth
               and
               his
               companions
               ,
               should
               have
               as
               much
               power
               and
               authority
               in
               it
               ,
               if
               not
               more
               ,
               as
               the
               Pope
               of
               Rome
               ;
               although
               it
               bee
               directly
               against
               the
               customes
               of
               antiquity
               .
               And
               this
               they
               said
               not
               without
               many
               bitter
               taunts
               of
               his
               Holynesse
               ;
               saying
               ,
               that
               he
               had
               broached
               ,
               and
               at
               that
               present
               defended
               a
               doctrine
               not
               only
               contrary
               to
               the
               word
               of
               God
               ,
               but
               also
               to
               the
               ancient
               Fathers
               and
               Councels
               .
            
             And
             anon
             after
             ,
             
               The
               last
               of
               February
               the
               Protestants
               made
               answer
               at
               large
               to
               the
               points
               proposed
               by
               Held
               ,
               but
               I
               am
               loath
               to
               set
               them
               downe
               :
               The
               summe
               of
               all
               that
               they
               said
               ,
               is
               in
               their
               answere
               to
               the
               Councell
               set
               forth
               by
               the
               Pope
               .
               For
               they
               plead
               ,
               that
               the
               authority
               of
               judging
               belongs
               not
               only
               to
               the
               Pope
               &
               the
               Bishops
               ,
               but
               also
               to
               the
               Church
               ,
               in
               which
               Kings
               and
               Princes
               are
               comprized
               .
               They
               might
               as
               well
               say
               ,
               Hucksters
               ,
               Catchpols
               ;
               Druggists
               ,
               Apothecaries
               ,
               and
               such
               like
               .
               As
               if
               it
               belonged
               to
               Lay
               men
               ,
               to
               a
               Cook
               ,
               or
               ,
               a
               Cowheard
               ,
               to
               intermeddle
               with
               the
               questions
               and
               decrees
               of
               the
               Church
               .
            
          
           
             4
             Henry
             the
             eighth
             ,
             King
             of
             England
             ,
             although
             he
             was
             then
             a
             Catholique
             ,
             made
             the
             like
             protestation
             ;
             for
             heark
             what
             Surius
             saith
             of
             him
             .
             
             
               About
               the
               same
               time
               the
               King
               of
            
             England
             
               set
               out
               a
               booke
               ,
               wherein
               he
               shewed
               the
               little
               account
               he
               made
               of
               the
               Pope
               of
            
             Rome
             ,
             
               and
               that
               he
               would
               neither
               come
               nor
               send
               his
               Ambassadors
               to
               the
               Councell
               which
               the
               Pope
               had
               called
               ;
               and
               hee
               ever
               and
               anon
               put
               in
               good
               store
               of
               jerkes
               at
               St.
            
             Peter
             .
             Considering
             what
             we
             have
             heard
             from
             Surius
             ,
             that
             which
             Sleidan
             relates
             will
             not
             now
             be
             suspected
             .
          
           
             5
             
               Presently
               after
            
             (
             saith
             he
             )
             
               the
               King
               of
            
             England
             
               put
               forth
               a
               book
               in
               the
               name
               
               of
               himselfe
               and
               the
               Lords
               of
               the
               Land
               :
            
             
             
               wherein
               he
               complained
               that
               the
               Pope
               took
               upon
               him
               to
               call
               the
               Councell
               ;
               a
               thing
               not
               in
               his
               power
               to
               doe
               :
               and
               that
               he
               called
               it
               then
               when
               there
               was
               open
               warre
               betwixt
               the
               Emperour
               and
               the
            
             French
             King.
             
             
               Besides
               ,
               the
               City
               of
            
             Mantua
             ,
             
               where
               he
               appointed
               it
               should
               bee
               ,
               is
               no
               sure
               place
               for
               all
               parts
               ,
               nor
               yet
               convenient
               .
               For
               his
               part
               he
               desired
               a
               Christian
               Councell
               ,
               but
               hee
               would
               not
               goe
               to
               the
               Popes
               ,
               nor
               yet
               send
               his
               Ambassadours
               :
               for
               their
               common
               practice
               is
               in
               such
               assemblies
               to
               oppresse
               Christ
               and
               his
               truth
               for
               their
               owne
               advantage
               .
               Nor
               hath
               he
               any
               thing
               to
               doe
               with
               the
               Bishop
               of
            
             Rome
             ,
             
               whose
               Edicts
               and
               commandements
               doe
               concerne
               him
               no
               more
               than
               any
               other
               Bishops
               .
               The
               custome
               was
               to
               call
               Councels
               by
               the
               authority
               of
               the
               Emperour
               and
               Kings
               ,
               and
               it
               were
               fitting
               that
               custome
               were
               put
               ●n
               ure
               againe
               ,
               especially
               in
               these
               times
               when
               the
               Pope
               hath
               so
               many
               vehement
               accusations
               laid
               against
               him
               :
               And
               yet
               it
               would
               cost
               a
               man
               his
               life
               if
               any
               one
               shuold
               be
               so
               fool-hardy
               as
               to
               reprove
               him
               and
               accuse
               him
               to
               his
               face
               ,
               unlesse
               it
               were
               in
               a
               lawfull
               Councell
               .
               Nor
               he
               ,
               nor
               his
               are
               secured
               by
               safe
               conduct
               ;
               and
               say
               he
               were
               ,
               there
               are
               such
               apparent
               dangers
               ,
               as
               it
               is
               not
               fitting
               hee
               should
               come
               there
               :
               for
               it
               is
               no
               new
               thing
               with
               the
               Popes
               to
               breake
               promise
               ,
               and
               to
               staine
               and
               imbrue
               themselves
               with
               the
               bloud
               of
               innocents
               .
               And
               however
               other
               men
               may
               safely
               go
               thither
               ,
               yet
               for
               his
               part
               he
               cannot
               ,
               and
               that
               for
               reasons
               wel
               known
               :
               for
               the
               Pope
               layes
               snares
               for
               him
               ,
               and
               hates
               him
               mortally
               ,
               putting
               him
               out
               of
               favour
               with
               other
               King●
               as
               much
               as
               he
               can
               :
               and
               this
               for
               no
               other
               reason
               ,
               but
               because
               hee
               hath
               ca●t
               off
               his
               tyranny
               ,
               and
               withholden
               his
            
             Peter-pence
             ,
             
               which
               mads
               him
               so
               ;
               and
               the
               rather
               ,
               because
               hee
               is
               afraid
               lest
               other
               Kings
               by
               his
               example
               may
               ere
               long
               do●
               the
               like
               .
               At
               this
               instant
               the
               Councell
               is
               prorogued
               till
               the
               first
               of
               November
               ,
               without
               any
               mention
               where
               it
               shall
               be
               kept
               ,
               and
               the
               fault
               is
               put
               upon
               the
               Prince
               of
            
             Mantua
             .
             
               Is
               not
               this
               to
               gull
               the
               world
               ?
               the
               Prince
               of
            
             Mantua
             
               wrongs
               no
               body
               if
               he
               will
               not
               abandon
               his
               City
               to
               so
               great
               a
               multitude
               without
               a
               garrison
               :
               but
               all
               the
               blame
               should
               be
               laid
               upon
               the
               Pope
               ,
               who
               doth
               not
               as
               yet
               goe
               roundly
               about
               the
               busi●esse
               ,
               but
               is
               ever
               a
               playing
               trickes
               and
               treacheries
               .
               If
               he
               remove
               the
               Councell
               to
               another
               place
               ,
               he
               must
               take
               a
               City
               that
               belongs
               to
               some
               of
               his
               feudatary
               Princes
               ,
               or
               else
               one
               of
               his
               owne
               :
               for
               he
               hath
               a
               goodly
               patrimony
               ,
               with
               many
               faire
               Cities
               ,
               gotten
               by
               his
               predecessors
               either
               by
               force
               or
               knavery
               ,
               and
               now
               kept
               by
               him
               by
               the
               bad
               title
               of
               coven
               and
               fraud
               .
               Now
               seeing
               that
               almost
               every
               man
               of
               judgement
               doth
               despaire
               of
               ever
               seeing
               a
               true
               Councell
               ,
               hee
               thinkes
               it
               most
               fitting
               that
               every
               Magistrate
               reforme
               religion
               amongst
               his
               owne
               people
               .
               If
               the
               Pope
               plead
               custome
               ,
               that
               will
               not
               serve
               the
               turne
               ;
               for
               ,
               as
               Saint
            
             Cyprian
             
               saith
               ,
               Custome
               without
               truth
               is
               but
               an
               inveterate
               and
               grounded
               errour
               .
               Therefore
               this
               is
               his
               advice
               ,
               and
               this
               he
               thinkes
               the
               best
               course
               ;
               but
               if
               any
               know
               a
               better
               he
               will
               readily
               embrace
               it
               .
            
          
           
             6
             Now
             the
             King
             of
             England
             never
             deserted
             these
             protestations
             and
             declarations
             ,
             much
             lesse
             the
             Protestants
             ;
             nay
             they
             repeated
             them
             divers
             times
             after
             ;
             
             and
             amongst
             the
             rest
             at
             an
             assembly
             at
             Wormes
             holden
             1545.
             and
             another
             a
             Naumburg
             the
             yeere
             1561
             ,
             where
             an
             answer
             was
             given
             to
             the
             same
             effect
             to
             Pope
             Pius
             the
             fourth
             his
             Legats
             ,
             who
             came
             thither
             to
             summon
             them
             to
             appeare
             at
             the
             Councell
             .
          
           
             7
             There
             were
             yet
             some
             other
             Protestations
             made
             against
             the
             Councell
             on
             the
             behalfe
             of
             our
             Kings
             :
             Henry
             the
             second
             protested
             against
             the
             Pope
             and
             the
             Councell
             in
             the
             yeere
             1551
             ,
             saying
             amongst
             other
             things
             ,
             
             
               That
               the
               publication
               of
               it
               which
               was
               made
               ,
               regarded
               not
               the
               good
               of
               the
               Church
               Catholique
               ,
               but
               the
               commodity
               of
               some
               particulars
               :
               That
               it
               seemed
               the
               Pope
               would
               exclude
               him
               from
               it
               :
               That
               the
               beginning
               ,
               progresse
               ,
               and
               issue
               of
               his
               Holinesse
               designes
               did
               intimate
               as
               much
               :
               That
               being
               imployed
               in
               the
               warre
               which
               hee
               had
               raised
               up
               against
               him
               ,
               he
               could
               not
               send
               the
               Bishops
               of
               his
               Kingdome
               thither
               ,
               seeing
               they
               could
               not
               have
               safe
               and
               free
               accesse
               :
               and
               that
               neither
               he
               nor
               the
               people
               of
            
             France
             ,
             
               nor
               the
               Prelats
               and
               Ministers
               of
               the
            
             Gallicane
             
               Church
               will
               be
               bound
               to
               it
               hereafter
               .
            
          
           
             8
             King
             Charles
             the
             ninth
             ,
             upon
             notice
             that
             all
             things
             went
             amisse
             in
             the
             
             Councell
             ,
             and
             that
             the
             demands
             of
             the
             Kings
             and
             Princes
             Catholique
             ,
             
             were
             not
             satisfied
             ,
             that
             the
             reformation
             was
             not
             applyed
             to
             such
             things
             as
             stood
             in
             need
             of
             it
             ,
             and
             were
             required
             to
             be
             reformed
             ;
             yea
             more
             ,
             that
             they
             intrenched
             upon
             the
             liberties
             of
             the
             Church
             of
             France●
             and
             the
             rights
             of
             the
             Kingdome
             ,
             caused
             protestation
             to
             be
             made
             by
             his
             Ambassadours
             against
             the
             same
             Councell
             ,
             as
             appeares
             by
             the
             Oration
             made
             by
             
               M.
               Arnald
               de
               Ferriers
            
             ,
             the
             22.
             of
             September
             1563.
             where
             amongst
             other
             things
             ,
             after
             he
             hath
             laid
             downe
             many
             grievances
             ,
             he
             saith
             ,
             
               that
               according
               to
               the
               command
               of
               the
               most
               Christian
               King
               they
               were
               constrained
            
             Concilio
             intercedere
             ,
             ut
             nunc
             intercedebant
             (
             
               to
               interpose
               in
               the
               Councell
               ,
               as
               they
               interposed
               .
            
             )
             Whereupon
             it
             is
             storied
             ,
             that
             a
             certaine
             Prelate
             of
             the
             Councell
             not
             well
             understanding
             the
             propriety
             of
             the
             word
             intercedere
             ,
             which
             the
             Tribunes
             were
             wont
             to
             use
             of
             old
             when
             they
             made
             their
             oppositions
             and
             hindrances
             ,
             asked
             his
             neighbour
             ,
             
               Pro
               qu●
               orat
               Rex
               Christianissimus
            
             ?
             What
             doth
             the
             most
             Christian
             King
             intercede
             for
             ?
          
           
             9
             But
             say
             the
             Pope
             and
             the
             rest
             that
             joyned
             in
             judgement
             with
             him
             were
             not
             to
             blame
             ;
             say
             they
             were
             competent
             Iudges
             ,
             &
             such
             as
             could
             not
             be
             refused
             ;
             say
             the
             proceedings
             were
             lawfull
             ;
             yet
             still
             it
             was
             a
             ju●g●ment
             and
             sentence
             passed
             upon
             men
             in
             their
             absence
             ,
             so
             that
             the
             doore
             is
             open
             to
             all
             those
             that
             wil
             enter
             their
             plaint
             :
             they
             may
             justly
             demand
             to
             beginne
             anew
             ,
             and
             that
             things
             be
             reduced
             to
             their
             first
             state
             .
             A
             repeal
             may
             be
             had
             against
             a
             sentence
             given
             in
             case
             of
             contumacy
             ,
             onely
             paying
             the
             charges
             .
             But
             for
             them
             ,
             I
             thinke
             the
             Pope
             that
             bo●e
             them
             will
             never
             aske
             them
             againe
             :
             and
             if
             hee
             should
             ,
             it
             is
             a
             question
             whether
             his
             demand
             were
             good
             or
             no
             :
             for
             who
             bid
             him
             be
             at
             the
             charges
             ?
             he
             was
             not
             bound
             to
             it
             :
             it
             is
             a
             liberality
             which
             he
             was
             willing
             to
             undergoe
             ,
             to
             shew
             his
             magnificence
             :
             and
             in
             case
             he
             might
             redemand
             them
             ,
             hee
             must
             commence
             his
             action
             either
             against
             those
             whom
             he
             defrayed
             ,
             or
             against
             the
             Emperour
             ,
             
             who
             was
             anciently
             used
             to
             pay
             them
             ,
             and
             not
             against
             those
             who
             do
             now
             desire
             to
             justifie
             themselves
             ;
             seeing
             that
             according
             to
             the
             Decrees
             of
             Constanc●
             and
             Basil
             Generall
             Councels
             should
             be
             holden
             every
             ten
             yeeres
             .
          
           
             10
             Let
             us
             proceed
             further
             ,
             and
             see
             if
             they
             could
             have
             any
             good
             grounds
             to
             demand
             ,
             that
             a
             second
             judgement
             might
             be
             had
             ,
             supposing
             they
             had
             appeared
             at
             the
             Councell
             ,
             and
             had
             audience
             there
             .
             For
             this
             may
             be
             questioned
             in
             regard
             of
             the
             King
             of
             France
             ,
             who
             complaines
             now
             how
             hee
             was
             wronged
             in
             his
             rights
             ,
             and
             yet
             he
             had
             his
             Ambassadours
             resident
             at
             the
             Councell
             ,
             We
             say
             hee
             is
             nere
             the
             worse
             for
             all
             that
             ,
             considering
             that
             divers
             protestations
             were
             made
             against
             the
             Councell
             on
             both
             sides
             .
             This
             we
             shall
             prove
             by
             some
             examples
             .
          
           
             11
             We
             reade
             how
             the
             Donatists
             were
             many
             times
             condemned
             ,
             and
             that
             by
             many
             ;
             
             how
             the
             Emperour
             Constantine
             the
             Great
             ,
             yea
             the
             whole
             Church
             ,
             and
             the
             great
             Doctors
             of
             those
             times
             ,
             bore
             with
             them
             in
             their
             reciduations
             ,
             without
             ever
             troubling
             them
             with
             writs
             of
             rejection
             of
             their
             cause
             ,
             and
             other
             such
             shackles
             of
             law-formes
             .
             They
             were
             first
             sentenced
             by
             Pope
             Miltiades
             and
             his
             Councell
             at
             Rome
             ;
             from
             which
             they
             appealing
             ,
             their
             cause
             was
             afterward
             examined
             at
             the
             Councell
             of
             Arles
             :
             the
             Emperour
             Constantine
             the
             Great
             tooke
             the
             paines
             to
             heare
             them
             himselfe
             :
             and
             yet
             after
             all
             this
             ,
             under
             the
             Emperour
             Honorius
             ,
             and
             by
             his
             command
             there
             was
             a
             generall
             conference
             of
             all
             the
             Bishops
             Catholiques
             and
             Donatists
             at
             Carthage
             in
             Africa
             .
             Where
             it
             is
             to
             bee
             observed
             ,
             that
             the
             Catholiques
             desired
             that
             Conference
             :
             so
             saith
             St.
             Austin
             ,
             who
             was
             one
             of
             the
             disputants
             ,
             
               The
               Emperours
               commission
               being
               read
               ,
               it
               was
               declared
               how
               the
               Catholiques
               had
               demanded
               the
               conference
               ,
               and
               that
               it
               was
               granted
               unto
               them
               .
            
          
           
             12
             It
             is
             well
             knowne
             how
             many
             Councels
             were
             called
             and
             kept
             to
             convince
             the
             Arrians
             :
             the
             first
             that
             was
             holden
             against
             them
             might
             have
             sufficed
             ,
             namely
             ,
             that
             of
             Nice
             ,
             considering
             the
             ●ame
             and
             worth
             of
             it
             ;
             and
             yet
             there
             was
             another
             Generall
             Councel
             holden
             at
             
               Sardis
               ,
               where
               the
               Emperours
               suffered
               them
               
               to
               dispute
               anew
               all
               that
               had
               been
               controverted
               and
               canvassed
               ,
               and
               especially
               of
               that
               holy
               faith
               and
               the
               integrity
               of
               that
               truth
               which
               they
               had
               violated
               :
            
             
             so
             say
             the
             Fathers
             of
             that
             very
             Councell
             ,
             in
             a
             letter
             of
             theirs
             to
             Pope
             Iulius
             .
             And
             after
             that
             there
             were
             yet
             two
             others
             called
             both
             at
             one
             time
             ,
             one
             at
             Ariminum
             of
             the
             Westerne
             Bishops
             ,
             a
             the
             other
             at
             Seleucia
             of
             the
             Easterne
             :
             where
             ,
             howbeit
             the
             Catholique
             Bishops
             were
             more
             in
             number
             than
             the
             Arrians
             ,
             yet
             they
             suffered
             themselves
             to
             be
             supplanted
             ,
             b
             chiefly
             in
             that
             of
             Ariminum
             ,
             by
             the
             subtilty
             of
             the
             other
             ,
             who
             were
             backed
             with
             the
             favour
             of
             the
             Emperour
             Constantius
             .
          
           
             1●
             But
             it
             is
             expedient
             we
             here
             set
             down
             the
             very
             words
             of
             a
             
               Sulpitius
               Severtus
            
             ,
             c
             who
             hath
             well
             related
             the
             whole
             History
             ;
             After
             (
             saith
             hee
             ,
             speaking
             of
             the
             Councell
             of
             Ariminum
             )
             
               that
               they
               were
               all
               met
               ,
               they
               divided
               themselves
               into
               two
               companies
               ,
               ours
               tooke
               the
               Church
               ,
               the
            
             Arrians
             
               another
               place
               ,
               who
               were
               in
               all
               but
               foure
               score
               ;
               the
               rest
               ,
               who
               were
               three
               hundred
               and
               twenty
               ,
               were
               all
               of
               our
               side
               .
            
             After
             many
             disputes
             ,
             and
             a
             delegation
             to
             the
             Emperour
             ,
             this
             was
             the
             issue
             ;
             
               Many
               of
               our
               men
               ,
               partly
               by
               reason
               of
               faint
               heartednesse
               ,
               partly
               of
               distemper
               which
               their
               long
               journey
               had
               cast
               them
               into
               ,
               yeelded
               themselves
               to
               the
               adversaries
               ;
               who
               after
               the
               returne
               of
               the
               delegates
               ,
               were
               now
               growne
               the
               stronger
               party
               ,
               and
               had
               bestowed
               themselves
               in
               the
               Church
               when
               they
               had
               expulsed
               our
               men
               ;
               and
               having
               once
               daunted
               their
               courage
               ,
               they
               ranked
               themselves
               in
               great
               troups
               o●
               the
               other
               side
               .
            
             If
             we
             would
             here
             stand
             upon
             terms
             of
             non-admittance
             ,
             our
             case
             were
             desperate
             .
             What
             would
             bee
             said
             against
             this
             Councell
             ?
             It
             is
             true
             ,
             Constantius
             the
             Emperour
             was
             inclined
             to
             Arrianis●●
             ,
             yet
             for
             all
             that
             he
             allowed
             them
             to
             dispute
             with
             all
             freedome
             ;
             there
             were
             a
             great
             many
             more
             Catholiques
             there
             ,
             than
             other
             ;
             hee
             used
             no
             kind
             of
             violence
             against
             our
             men
             ,
             but
             onely
             commanded
             his
             Lievetenant
             not
             to
             suffer
             any
             body
             ,
             either
             one
             side
             or
             other
             ,
             to
             depart
             the
             Councell
             ,
             till
             such
             time
             as
             they
             were
             agreed
             ;
             yet
             so
             as
             hee
             should
             meat
             and
             maintaine
             them
             at
             his
             charges
             :
             Only
             he
             ordained
             ,
             that
             in
             case
             they
             should
             come
             to
             accord
             ,
             so
             as
             not
             above
             fifteen
             dissented
             ,
             those
             should
             be
             banished
             .
             The
             number
             of
             Arrians
             grew
             so
             great
             at
             last
             ,
             that
             the
             Catholiques
             were
             almost
             quite
             out
             of
             hopes
             .
             But
             marke
             here
             one
             thing
             observable
             ,
             such
             as
             ,
             if
             others
             will
             not
             make
             use
             of
             ,
             our
             French
             ought
             to
             take
             notice
             of
             ,
             because
             it
             is
             a
             domestique
             example
             .
             The
             Catholiques
             that
             remained
             ,
             being
             but
             a
             very
             few
             ,
             were
             so
             scrupulous
             that
             they
             would
             have
             no
             communion
             with
             such
             as
             had
             received
             the
             Councell
             of
             
               Ariminum
               ;
               Hilary
            
             on
             the
             other
             side
             thought
             it
             best
             to
             converse
             with
             them
             ,
             and
             to
             call
             them
             to
             such
             Councels
             as
             were
             frequently
             holden
             in
             France
             upon
             such
             oc●●sions
             :
             and
             hee
             wrought
             so
             ,
             that
             correcting
             them
             ,
             and
             advising
             them
             to
             repentance
             ,
             they
             almost
             all
             acknowledged
             their
             errour
             ,
             and
             in
             fine
             ,
             the
             Councell
             of
             Ariminum
             was
             condemned
             ,
             and
             true
             faith
             replanted
             in
             its
             former
             state
             .
             See
             here
             how
             those
             that
             goe
             astray
             should
             bee
             dealt
             with
             ;
             see
             what
             use
             there
             is
             of
             the
             frequency
             of
             Councels
             .
             That
             which
             cannot
             be
             done
             in
             one
             ,
             may
             be
             done
             in
             another
             .
             A
             Councell
             is
             the
             touchstone
             to
             try
             doctrine
             by
             ,
             so
             it
             be
             free
             ,
             and
             not
             enslaved
             .
          
           
             13
             Let
             us
             not
             then
             so
             rest
             upon
             the
             determinations
             of
             one
             Councell
             ,
             as
             not
             to
             be
             willing
             to
             come
             to
             another
             :
             d
             for
             notwithstanding
             all
             that
             passed
             concerning
             the
             Arrians
             ,
             the
             Councell
             of
             Aquil●i●
             under
             Theodosius
             the
             elder
             ,
             did
             not
             sticke
             to
             give
             audience
             to
             those
             that
             remained
             of
             that
             sect
             ,
             and
             dispute
             with
             them
             ,
             and
             convince
             them
             .
             
               How
               necessary
               this
               Assembly
               was
            
             (
             say
             the
             Fathers
             there
             )
             
               will
               appeare
               by
               the
               event
               ;
               considering
               that
            
             Palladius
             and
             Secundianus
             ,
             
               those
               two
               enemies
               of
               God
               ,
               defenders
               of
               the
            
             Arrian
             
               sect
               ,
               who
               only
               durst
               come
               to
               the
               Councell
               ,
               after
               they
               were
               convinced
               of
               their
               impiety
               ,
               had
               such
               a
               sentence
               as
               they
               deserved
               passed
               upon
               them
               to
               their
               face
               .
            
             And
             it
             appe●res
             by
             the
             Acts
             of
             that
             Councell
             ,
             that
             St.
             Ambrose
             disputed
             with
             them
             .
          
           
             e
             14
             The
             General
             Councel
             of
             Constantinople
             holden
             about
             the
             same
             ,
             time
             proceeded
             likewise
             to
             the
             condemnation
             of
             Arrianis●●
             ,
             and
             that
             upon
             the
             advice
             ,
             
             which
             the
             Councell
             of
             Aquileia
             gave
             to
             the
             Emperours
             ,
             
             
               Gratian
               ,
               Valentinian
            
             and
             Theodosius
             ,
             who
             sent
             the
             letter
             to
             Constantinople
             .
          
           
             15
             The
             third
             Generall
             Councell
             at
             Ephesus
             under
             Theodosius
             the
             younger
             ,
             had
             condemned
             the
             doctrine
             of
             Nestorius
             ;
             
             and
             yet
             for
             all
             that
             the
             fourth
             Generall
             of
             Chalcedon
             did
             not
             sticke
             to
             take
             it
             under
             hand
             againe
             ,
             as
             Isidore
             saith
             ,
             whose
             words
             are
             inserted
             in
             Gratians
             Canons
             ,
             to
             make
             one
             of
             the
             Popes
             Lawes
             .
          
           
             16
             The
             Felician
             heresie
             was
             condemned
             in
             a
             Councell
             in
             Germany
             ,
             
             called
             by
             Charles
             the
             Great
             :
             it
             was
             after
             that
             condemned
             by
             Pope
             Adrian
             and
             his
             Councell
             at
             Rome
             :
             and
             lastly
             it
             was
             condemned
             at
             Francfort
             ,
             at
             a
             Councell
             called
             by
             the
             same
             Emperour
             ,
             whereof
             Rhegno
             makes
             mention
             .
             
               In
               this
               Synod
            
             (
             saith
             he
             )
             the
             Felician
             
               heresie
               was
               condemned
               the
               third
               time
               .
            
             
          
           
             17
             There
             are
             many
             moe
             examples
             of
             this
             kinde
             that
             have
             beene
             observed
             by
             such
             as
             writ
             before
             us
             :
             we
             will
             adde
             but
             one
             more
             very
             proper
             for
             this
             discourse
             .
             The
             second
             Councell
             of
             Ephesus
             had
             beene
             lawfully
             called
             and
             lawfully
             begunne
             ;
             Pope
             Leo
             had
             consented
             to
             it
             ,
             yea
             and
             sent
             his
             Legats
             thither
             also
             :
             yet
             for
             all
             this
             the
             proces
             of
             it
             was
             illegitimate
             ,
             there
             were
             some
             quarrels
             ,
             practices
             and
             plottings
             of
             murthers
             after
             al
             that
             ;
             the
             Popes
             Legats
             retired
             themselves
             and
             protested
             against
             it
             ,
             yet
             neverthelesse
             it
             held
             on
             .
             But
             what
             was
             the
             issue
             ?
             Leo
             rejected
             and
             detested
             it
             ,
             who
             had
             formerly
             approved
             it
             ;
             hee
             begged
             another
             of
             the
             Emperours
             ,
             and
             obtained
             it
             ,
             which
             was
             at
             last
             assembled
             at
             Chalcedon
             .
             But
             to
             give
             a
             better
             lustre
             to
             this
             example
             ,
             wee
             must
             see
             what
             Leo
             saith
             at
             first
             ,
             and
             then
             we
             shall
             see
             what
             he
             said
             at
             last
             .
             
             In
             his
             Epistle
             to
             that
             Synod
             at
             Ephesus
             he
             saith
             
               For
               as
               much
               as
               such
               things
               ought
               not
               to
               be
               neglected
               ,
               and
               seeing
               it
               hath
               pleased
               the
               most
               Christian
               Emperour
               to
               cause
               a
               Councell
               of
               Bishops
               to
               be
               assembled
               ,
               to
               the
               end
               that
               by
               more
               sound
               judgement
               all
               errours
               may
               be
               abolished
               ,
               we
               have
               sent
               our
               brethren
               Iulian
               a
               Bishop
               ,
               and
               Renald
               a
               Priest
               ,
               with
               our
               sonne
               Hilary
               a
               Deacon
               ,
               and
               Dulcitius
               the
               Notary
               ,
               of
               whose
               fidelity
               wee
               have
               experience
               ,
               to
               the
               end
               that
               they
               may
               assist
               in
               our
               stead
               in
               your
               holy
               Assembly
               ,
               to
               ordaine
               by
               commune
               consent
               with
               you
               ,
               such
               things
               as
               shall
               be
               well-pleasing
               to
               God.
               
            
             Hee
             saith
             as
             much
             in
             a
             other
             places
             ,
             and
             namely
             in
             an
             Epistle
             of
             his
             written
             to
             Bishop
             Iulian
             ,
             he
             saith
             he
             hath
             given
             sufficient
             instructions
             to
             his
             Legates
             .
             Now
             let
             us
             see
             the
             other
             side
             .
             In
             an
             b
             Epistle
             of
             his
             to
             them
             of
             Constantinople
             hee
             saith
             ,
             
               Having
               understood
               what
               hath
               passed
               at
               Ephesus
               ,
               contrary
               to
               the
               judgement
               of
               all
               men
               ,
               we
               confesse
               our
               heart
               was
               much
               grieved
               ,
               and
               wee
               should
               never
               have
               thought
               that
               injury
               had
               got
               the
               head
               so
               farre
               ,
               had
               not
               our
               sonne
               Hilary
               the
               Deacon
               ,
               who
               was
               sent
               thither
               with
               others
               to
               supply
               our
               place
               in
               the
               Councel
               ,
               returned
               from
               thence
               by
               flight
               ,
               to
               scape
               the
               having
               a
               hand
               in
               an
               unjust
               sentence
               .
               For
               when
               our
               Legats
               opposed
               ,
               the
               Bishop
               of
               Alexandria
               ,
               having
               usurped
               all
               power
               into
               his
               owne
               hands
               ,
               refused
               to
               give
               eare
               ;
               he
               drew
               the
               Clergy
               to
               his
               side
               against
               their
               wils
               ,
               and
               made
               them
               subscribe
               by
               force
               ,
               howbeit
               there
               was
               no
               reason
               at
               all
               to
               proceed
               to
               any
               condemnation
               .
            
             And
             in
             his
             Epistle
             to
             the
             Emperour
             Theodosius
             .
             
               Whiles
               particular
               interests
               are
               prosecuted
               under
               pretence
               of
               religion
               ,
               
               a
               fact
               hath
               beene
               committed
               by
               the
               impiety
               of
               some
               ,
               whereby
               the
               whole
               Catholique
               Church
               is
               blemished
               .
               For
               we
               are
               given
               to
               understand
               ,
               not
               upon
               uncertainties
               ,
               but
               by
               the
               credible
               relation
               of
               Hilary
               the
               Deacon
               ,
               (
               who
               fled
               away
               from
               thence
               ,
               lest
               he
               should
               be
               compell'd
               to
               subscribe
               )
               how
               that
               many
               Ecclesiastiques
               arrived
               at
               the
               Councell
               ,
               who
               would
               have
               beene
               very
               serviceable
               both
               for
               deliberation
               and
               judgement
               ,
               if
               hee
               that
               assumed
               unto
               him
               the
               first
               place
               would
               have
               contained
               himselfe
               within
               the
               bounds
               of
               Ecclesiasticall
               modesty
               ;
               and
               beene
               content
               (
               
                 as
                 the
                 manner
                 is
              
               )
               with
               a
               faire
               and
               equitable
               examination
               ,
               with
               all
               liberty
               of
               speaking
               what
               is
               agreeable
               to
               faith
               ,
               and
               profitable
               for
               those
               that
               are
               in
               an
               errour
               .
               But
               on
               the
               contrary
               ,
               we
               are
               informed
               that
               
               all
               those
               that
               came
               to
               the
               Councell
               did
               not
               give
               voices
               the
               judgement
               ;
               
               and
               that
               some
               were
               put
               backe
               ,
               and
               other
               some
               admitted
               ,
               namely
               ,
               such
               as
               had
               rendred
               their
               hands
               captive
               for
               the
               subsigning
               of
               those
               impious
               subscriptions
               ;
               knowing
               that
               it
               would
               goe
               ill
               with
               them
               ,
               unlesse
               they
               did
               what
               they
               were
               enjoyned
               .
            
             And
             after
             that
             ;
             
               Which
               our
               Legats
               perceiving
               ,
               they
               boldly
               protested
               ,
               as
               they
               ought
               to
               doe
               ,
               &c.
               
            
             And
             yet
             after
             .
             
               Wherefore
               (
               Reverend
               Emperour
               )
               we
               intreat
               you
               to
               command
               that
               all
               things
               abide
               in
               the
               same
               state
               they
               were
               before
               this
               judgement
               passed
               ,
               till
               such
               time
               as
               a
               greater
               number
               of
               Ecclesiastiques
               be
               assembled
               from
               all
               parts
               of
               the
               world
               .
            
             There
             is
             nothing
             in
             this
             but
             may
             be
             said
             at
             this
             day
             against
             the
             Councell
             of
             Trent
             ,
             as
             we
             have
             formerly
             proved
             ;
             and
             to
             make
             it
             the
             more
             evident
             ,
             wee
             will
             adde
             the
             protestations
             that
             have
             beene
             ,
             made
             against
             it
             at
             divers
             times
             ,
             and
             by
             divers
             men
             ,
             that
             we
             may
             from
             thence
             conclude
             ,
             That
             neither
             absence
             nor
             presence
             could
             be
             any
             prejudice
             to
             those
             that
             now
             finde
             fault
             with
             this
             Councell
             .
          
        
      
       
         
         
           A
           REVIEW
           OF
           THE
           COVNCELL
           OF
           TRENT
           .
           BOOKE
           II.
           
        
         
           
             CHAP.
             I
             Of
             the
             denyall
             of
             justice
             made
             by
             the
             Councell
             to
             such
             demands
             as
             were
             there
             proposed
             by
             Catholique
             Princes
             .
          
           
             1
             HAving
             treated
             of
             such
             nullities
             as
             concerne
             the
             forme
             and
             proceedings
             of
             the
             Councell
             ,
             
             wee
             now
             come
             to
             those
             which
             concerne
             the
             matter
             :
             and
             these
             we
             make
             of
             two
             sorts
             ;
             for
             they
             consist
             either
             in
             the
             denyall
             of
             justice
             ,
             or
             in
             the
             making
             of
             injust
             Decrees
             .
             For
             the
             first
             ,
             wee
             may
             truly
             say
             ,
             this
             Councell
             made
             no
             conscience
             of
             satisfying
             the
             requests
             and
             demands
             of
             Christian
             Princes
             .
             I
             will
             not
             speake
             of
             those
             the
             Protestants
             made
             ,
             and
             others
             that
             have
             drawne
             backe
             from
             their
             obedience
             to
             the
             Pope●
             but
             onely
             of
             such
             as
             were
             made
             by
             Catholiques
             ,
             the
             Emperour
             ,
             the
             King
             of
             France
             ,
             the
             Duke
             of
             Bavaria
             ,
             the
             whole
             German
             Nation
             ,
             represented
             in
             an
             Assembly
             of
             the
             States
             ,
             and
             others
             ,
             upon
             the
             point
             of
             reformation
             .
             Some
             of
             those
             demands
             ,
             though
             but
             very
             few
             ,
             were
             taken
             into
             consideration
             ,
             and
             judged
             by
             the
             Councell
             :
             so
             that
             by
             consequence
             ,
             though
             the
             judgement
             were
             injust
             ,
             we
             cannot
             ground
             a
             plea
             of
             denyall
             of
             justice
             upon
             them
             :
             however
             not
             to
             divide
             them
             from
             the
             rest
             ,
             wee
             shall
             here
             set
             them
             downe
             ,
             after
             we
             have
             done
             with
             those
             that
             concerne
             the
             Pope
             and
             the
             Court
             of
             Rome●
             not
             medling
             with
             others
             ,
             nor
             with
             the
             points
             of
             Religion
             now
             in
             controversie
             ,
             which
             belong
             properly
             to
             Divinity
             .
          
           
             2
             The
             Emperour
             Ferdinand
             by
             his
             Ambassours
             (
             as
             a
             Catholique
             historian
             
             hath
             it
             )
             desired
             
               a
               reformation
               both
               of
               the
               Pope
               and
               Court
               of
            
             Rome
             ;
             
             
               to
               have
               the
               Cardinals
               reduced
               to
               the
               number
               of
               twelve
               ,
               or
               twenty
               six
               at
               most
               ;
               an
               abrogation
               of
               scandalous
               dispensations
               ;
               a
               calling
               in
               of
               immunities
               granted
               against
               common
               right
               ;
               a
               reducing
               of
               Monasteries
               under
               the
               jurisdiction
               of
               the
               Bishops
               of
               the
               Dioces
               where
               they
               stand
            
             ;
             
             
               an
               abatement
               of
               the
               multitude
               of
               Canons
               and
               Decrees
               ;
               a
               repeal
               of
               many
               that
               are
               superstitious
               ;
               a
               reducing
               of
               Ecclesiasticall
               constitutions
               to
               the
               rules
               of
               Gods
               law
               ;
               prohibitions
               against
               proceeding
               to
               excommunication
               ,
               unlesse
               it
               be
               in
               case
               of
               mortall
               sin
               ,
               or
               publique
               scandall
               ;
               a
               purging
               of
               Masse-books
               and
               Breviaries
               ,
               and
               expunction
               of
               that
               which
               is
               not
               taken
               out
               of
               the
               Scripture
               ;
               a
               joyning
               of
               certaine
               prayers
               &
               orisons
               in
               the
               vulgar
               tongue
               ,
               together
               with
               the
               latine
               hymnes
               :
               communion
               under
               both
               kinds
               :
               a
               mitigation
               of
               that
               extreame
               rigour
               of
               fasting
               ,
               and
               licence
               for
               eating
               flesh
               :
               a
               permission
               for
               the
               marriage
               of
               Priests
               :
               a
               rasing
               out
               of
               divers
               glosses
               upon
               the
               Gospels
               ,
               and
               a
               making
               of
               some
               new
               oaths
               by
               the
               most
               lea●ned
               men
               ,
               which
               all
               Curats
               should
               bee
               bound
               upon
               great
               penalties
               to
               receive
               .
            
          
           
             3
             The
             King
             of
             France
             his
             Amba●sadours
             ,
             had
             some
             such
             like
             Articles
             in
             their
             instructions
             :
             as
             concerning
             the
             reformation
             of
             the
             Court
             of
             Rome
             ,
             excommunications
             ,
             the
             restoring
             of
             the
             cup
             ,
             marriage
             of
             Priests
             ,
             prayers
             in
             a
             knowne
             tongue
             :
             and
             for
             this
             last
             their
             instructions
             were
             expresse
             ,
             to
             demand
             that
             Psalmes
             might
             be
             sung
             ,
             the
             Sacraments
             administred
             ,
             and
             a
             Catechisme
             made
             in
             the
             vulgar
             tongue
             :
             And
             besides
             ,
             to
             assist
             all
             such
             as
             should
             require
             a
             just
             reformation
             in
             all
             other
             matters
             .
             The
             originals
             of
             these
             instructions
             which
             I
             have
             seene
             ,
             were
             signed
             by
             the
             late
             King
             Charles
             ,
             the
             Queen
             mother
             ,
             Monsieur
             the
             Duke
             of
             Anjo●
             ,
             the
             King
             of
             Navarre
             ,
             the
             Prince
             of
             Rochesuryon
             ,
             the
             Constable
             ,
             the
             Duke
             of
             Guise
             ,
             the
             Marshal
             Memorancy
             ,
             the
             Chancelour
             of
             the
             Palace
             ,
             and
             some
             others
             .
             
             Hereupon
             the
             King
             of
             
               France
               his
               oratour
               said
               when
               they
               proposed
               these
               demands
               ,
               that
               they
               did
               wonderfully
               agree
               with
               those
               of
               the
               Emperour
               ,
               and
               for
               that
               reason
               they
               had
               deferred
               the
               proposall
               of
               them
               ;
               supposing
               that
               if
               the
               other
               were
               assented
               unto
               ,
               they
               should
               also
               be
               satisfied
               :
               But
               perceiving
               the
               lingrings
               and
               delayes
               that
               were
               used
               in
               that
               behalfe
               ,
               and
               withall
               pressed
               by
               the
               letters
               of
               the
               King
               their
               master
               ,
               they
               were
               constrained
               to
               make
               a
               motion
               of
               them
               .
               They
               required
               further
               ,
               that
               all
               mandates
               of
               provision
               of
               benefices
               ,
               all
               reversions
               ,
               reassumptions
               ,
               resignations
               ,
               holding
               of
               livings
               in
               trust
               ,
               and
               commendams
               might
               be
               quite
               taken
               away
               ,
               as
               contrary
               to
               the
               decrees
               ;
               and
               that
               resignations
               in
               favour
               might
               be
               banished
               the
               Court
               of
            
             Rome
             ,
             
               as
               forbidden
               by
               the
               sacred
               Canons
               ;
               that
               a
               course
               might
               bee
               taken
               for
               instructing
               the
               people
               what
               they
               ought
               to
               bel●eve
               concerning
               the
               worship
               of
               Images
               ,
               and
               to
               cleare
               it
               from
               all
               superstitions
               and
               errours
               ,
               if
               any
               were
               crept
               into
               it
               :
               and
               the
               like
               essay
               to
               be
               made
               about
               indulgences
               ,
               pilgrimages
               ,
               reliques
               of
               Saints
               ,
               and
               fraternities
               :
               that
               not
               only
               the
               ancient
               forme
               of
               publique
               penance
               might
               bee
               restored
               in
               the
               Church
               for
               heinous
               and
               publique
               offenders
               ,
               but
               also
               publique
               fasts
               for
               the
               appeasing
               of
               Gods
               wrath
               :
               that
               generall
               Councels
               might
               be
               holden
               every
               ten
               yeares
               :
               that
               for
               abridging
               of
               suits
               about
               benefices
               ,
               that
               distinction
               of
            
             petitory
             and
             possessory
             
               might
               be
               taken
               away
               :
               or
               rather
               for
               the
               utter
               extinguishing
               of
               such
               suits
               ,
               that
               Bishops
               might
               be
               enjoyned
               to
               bestow
               them
               not
               upon
               such
               as
               seeke
               after
               them
               ,
               but
               those
               that
               are
               worthy
               of
               them
               and
               avoid
               them
               ;
               and
               for
               certaine
               proofe
               of
               their
               merits
               to
               make
               them
               preach
               sometimes
               ,
               and
               those
               such
               as
               have
               taken
               some
               degree
               in
               the
               Vniversities●
               upon
               whom
               onely
               livings
               might
               be
               conferred
               by
               the
               consent
               of
               the
               Bishop
               and
               the
               people
               .
            
             
          
           
             4
             The
             Catholique
             Princes
             and
             all
             the
             States
             of
             Germany
             ,
             assembl●d
             in
             an
             imperiall
             Diet
             at
             Noremberg
             1522
             ,
             put
             up
             certaine
             articles
             in
             some
             points
             agreeing
             with
             these
             ,
             but
             in
             number
             farre
             more
             :
             Which
             they
             imparted
             to
             Mr.
             
               Francis
               Cheregat
            
             ,
             Pope
             Adrian
             the
             6
             his
             Legat
             ,
             upon
             the
             declaration
             which
             he
             made
             unto
             them
             in
             the
             behalfe
             of
             Adrian
             ;
             that
             for
             appeasing
             differences
             
             in
             religion
             ,
             and
             reforming
             of
             abuses
             ,
             a
             free
             Councell
             should
             be
             called
             .
             
             He
             departing
             sooner
             than
             any
             man
             expected
             ,
             it
             was
             decreed
             to
             send
             them
             to
             the
             Pope
             ,
             to
             the
             end
             that
             he
             might
             be
             provided
             for
             their
             just
             demands
             at
             the
             time
             of
             the
             Councell
             .
             Amongst
             other
             things
             they
             complained
             against
             the
             forbidding
             of
             meats
             ,
             and
             marriages
             at
             certaine
             times
             :
             of
             those
             mercenary
             dispensations
             ,
             whereby
             all
             that
             great
             rigour
             was
             remitted
             for
             a
             little
             money
             :
             against
             the
             abuse
             of
             indulgences
             ,
             by
             which
             meanes
             Germany
             had
             been
             polled
             and
             impov●rished
             ,
             sinnes
             remitted
             as
             well
             future
             as
             by
             past
             ,
             soules
             delivered
             out
             of
             purg●tory
             ;
             remedies
             applyed
             to
             all
             diseases
             by
             promising
             the
             assistance
             of
             some
             particular
             Saint
             :
             against
             the
             weakening
             of
             ordinary
             jurisdiction
             by
             drawing
             all
             to
             Rome
             ,
             and
             that
             at
             the
             suit
             of
             Lay
             men
             ;
             nay
             the
             utter
             extirpation
             of
             it
             by
             the
             Popes
             granting
             of
             Conservators
             ,
             or
             sending
             of
             Commissaries
             :
             Against
             the
             exemptions
             and
             immunities
             granted
             to
             certaine
             monasteries
             by
             the
             Popes
             ;
             the
             entrenching
             upon
             the
             right
             of
             advowson
             ;
             the
             usurping
             of
             the
             benefices
             of
             such
             〈◊〉
             dyed
             in
             the
             Court
             of
             Ro●●
             ,
             or
             in
             the
             way
             thither
             ;
             the
             tricks
             that
             are
             used
             to
             hook
             in
             the
             benefices
             of
             such
             as
             converse
             with
             Cardinals
             ,
             by
             pretending
             that
             they
             are
             of
             their
             table
             ;
             nay
             even
             such
             as
             never
             were
             in
             the
             Court
             of
             Rome
             ,
             under
             colour
             that
             they
             were
             officers
             either
             of
             the
             Popes
             houshold
             ,
             or
             of
             his
             Court
             :
             the
             many
             suits
             that
             are
             commenced
             in
             the
             Court
             of
             Rome
             about
             benefices
             ,
             even
             against
             those
             that
             have
             quietly
             enjoyed
             them
             for
             many
             yeers
             ,
             who
             by
             reason
             of
             their
             age
             ,
             and
             indisposition
             of
             body
             ,
             are
             enforced
             to
             condescend
             to
             some
             injust
             conditions
             ,
             to
             allow
             pensions
             ,
             reversions
             ,
             and
             such
             like
             charges
             :
             Against
             the
             cautions
             that
             are
             put
             in
             at
             Rome
             for
             all
             kinde
             of
             benefices
             ,
             the
             collation
             whereof
             doth
             of
             right
             belong
             to
             the
             Ordinaries
             :
             Against
             reservations
             for
             the
             future
             ,
             conferring
             of
             benefices
             upon
             strangers
             at
             Rome
             ,
             and
             ignorant
             persons
             ;
             as
             also
             the
             bestowing
             of
             Abbacies
             ,
             Priorships
             and
             other
             Ecclesiasticall
             dignities
             to
             bee
             holden
             in
             commendam
             ;
             against
             the
             impunity
             of
             Clergy
             men
             ,
             by
             reason
             of
             their
             priviledges
             :
             Excommunications
             for
             petty
             matters
             ,
             and
             that
             even
             for
             the
             fault
             of
             neighbours
             ,
             which
             they
             cannot
             avoid
             :
             Against
             the
             interdicting
             of
             a
             whole
             towne
             or
             townes
             upon
             the
             murther
             of
             a
             Clerk
             :
             Against
             the
             excessive
             number
             of
             Holy
             dayes
             :
             Against
             the
             abuses
             and
             attempts
             of
             the
             Clergy
             in
             poynt
             of
             jurisdiction
             almost
             in
             all
             causes
             and
             occasions
             ,
             to
             the
             prejudice
             of
             the
             Laity
             :
             As
             also
             the
             abuse
             in
             excommunicating
             Lay
             Iudges
             ,
             whereby
             they
             compell
             parties
             to
             compound
             ,
             because
             they
             cannot
             have
             justice
             :
             Against
             the
             abuses
             committed
             by
             the
             Popes
             Legats
             ,
             and
             the
             County
             Palatines
             of
             his
             institution
             .
             ]
             And
             other
             things
             of
             this
             nature
             ,
             which
             it
             were
             too
             long
             to
             set
             downe
             .
          
           
             5
             The
             Oratour
             of
             Albert
             Duke
             of
             Bavaria
             according
             to
             his
             masters
             command
             ,
             
             was
             very
             earnest
             for
             the
             marriage
             of
             Priests
             ,
             and
             the
             r●storing
             of
             the
             cup
             :
             and
             for
             the
             former
             ,
             hee
             first
             tels
             the
             occasions
             ,
             before
             he
             ●●kes
             his
             demand
             .
             
               In
               the
               last
               generall
               visitation
               (
               saith
               he
               )
               overall
               Bav●ria
               ,
               whoredome
               was
               found
               so
               frequent
               ,
               that
               scarce
               three
               or
               foure
               of
               an
               hundred
               but
               were
               either
               common
               whoremongers
               ,
               or
               privatly
               m●rried
               ,
               or
               else
               p●●●●quely
               .
            
             And
             hee
             afterward●
             addes
             ;
             
               Men
               of
               judgement
               and
               dis●r●tion
               ,
               who
               have
               mo●e
               nee●ly
               and
               ●xactly
               examined
               these
               things
               ,
               are
               of
               opinion
               ,
               ●h●t
               to
               supply
               t●e
               scarcity
               of
               a
               learned
               Clergy
               ,
               it
               will
               be
               very
               ●●rd
               to
               m●ke
               ●p
               so
               many
               as
               to
               suffice
               for
               divine
               service
               ,
               especially
               at
               this
               time
               ,
               by
               any
               other
               meanes
               ,
               ●nle●●e
               it
               be
               by
               admitting
               unto
               holy
               orders
               such
               married
               men
               as
               have
               learning
               and
               ability
               to
               instruct
               others
               ,
               as
               it
               was
               accustomed
               in
               the
               Primitive
               Church
               ;
               es●●●i●lly
               ●hat
               they
               may
               preach
               the
               Word
               of
               God.
               
            
             For
             the
             other
             point
             ,
             heark
             w●at
             he
             saith
             ,
             
               There
               are
               not
               a
               few
               that
               depart
               from
               us
               ,
               and
               side
               with
               those
               sectaries
               that
               stand
               for
               the
               defence
               of
               both
               kinds
               ;
               being
               of
               opinion
               that
               the
               Word
               of
               God
               is
               expresse
               for
               communion
               under
               both
               kinds
               :
               but
               for
               one
               kind
               only
               not
               a
               word
               .
               Whereto
               we
               m●y
               adde
               ,
               that
               the
               use
               of
               both
               kinds
               is
               frequent
               
               and
               evident
               not
               only
               in
               the
               Primitive
               Church
               ,
               
               but
               in
               all
               the
               Easterne
               Churches
               at
               this
               day
               ;
               yea
               the
               Church
               of
               Rome
               it selfe
               was
               not
               exempted
               anciently
               from
               this
               custome
               ,
               as
               may
               be
               easily
               proved
               by
               divers
               testimonies
               of
               History
               .
            
             Lastly
             ,
             after
             many
             discourses
             upon
             this
             subject
             he
             concludes
             ;
          
           
             6
             
               That
               the
               most
               experienced
               and
               wisest
               Catholiques
               thinke
               that
               the
               people
               who
               are
               puffed
               up
               with
               a
               desire
               of
               innovation
               cannot
               be
               kept
               in
               obedience
               to
               the
               See
               Apostolique
               ,
               nor
               diverted
               from
               a
               separation
               to
               which
               they
               are
               inclining
               ,
               unlesse
               holy
               orders
               aud
               licence
               of
               preaching
               be
               conferred
               upon
               chast
               married
               men
               ,
               to
               take
               away
               the
               liquorish
               custome
               of
               keeping
               Concubins
               ;
               and
               also
               the
               use
               of
               both
               kinds
               be
               allowed
               to
               appease
               the
               minds
               of
               the
               incensed
               multitude
               .
            
             He
             goes
             yet
             further
             ,
             and
             shewes
             that
             there
             is
             somewhat
             to
             bee
             reformed
             in
             matter
             of
             opinion
             and
             doctrine
             :
             which
             notwithstanding
             he
             will
             not
             meddle
             with
             ,
             till
             such
             time
             as
             this
             entrance
             upon
             a
             reformation
             be
             brought
             to
             some
             issue
             ;
             considering
             the
             jealousie
             he
             hath
             ,
             least
             that
             designe
             might
             breed
             some
             trouble
             .
             
               But
               when
               this
               is
               done
               (
               saith
               he
               )
               it
               will
               be
               then
               full
               time
               ,
               when
               all
               things
               shall
               bee
               at
               quiet
               amongst
               us
               ,
               to
               enter
               upon
               a
               more
               solid
               consideration
               of
               doctrines
               and
               opinions
               .
               Now
               what
               manner
               of
               consideration
               that
               must
               be
               ,
               if
               it
               be
               for
               the
               good
               of
               the
               Catholique
               religion
               ;
               my
               most
               Illustrious
               Prince
               is
               not
               peradventure
               the
               only
               man
               that
               knows
               ;
               but
               is
               plainly
               perceived
               by
               the
               common
               voice
               ,
               and
               that
               not
               to
               bee
               slighted
               of
               devout
               Catholiques
               concerning
               this
               point
               .
               And
               if
               so
               bee
               that
               his
               Holynesse
               opinion
               bee
               demanded
               herein
               ,
               hee
               could
               without
               much
               entreaty
               informe
               what
               hath
               beene
               any
               way
               treated
               of
               concerning
               this
               matter
               .
            
          
           
             7
             Many
             more
             requests
             and
             demands
             were
             put
             up
             aswell
             by
             the
             Ambassadors
             of
             the
             forementioned
             Princes
             ,
             as
             others
             ;
             which
             wee
             cannot
             at
             this
             present
             se●
             downe
             ,
             because
             wee
             have
             not
             the
             Acts
             by
             us
             .
             And
             it
             is
             farre
             from
             our
             intention
             to
             speak
             any
             thing
             without
             proofe
             .
             We
             may
             here
             adde
             the
             consultation
             which
             was
             made
             when
             the
             Councell
             was
             talked
             of
             at
             the
             commandement
             of
             Pope
             Paul
             the
             third
             1538
             ,
             
             by
             the
             Cardinals
             and
             other
             Ecclesiastiques
             ,
             in
             number
             nine
             ,
             deputed
             for
             that
             purpose
             ,
             to
             advise
             him
             what
             was
             best
             to
             be
             done
             about
             the
             reformation
             of
             the
             Church
             .
             In
             which
             Act
             they
             say
             expresly
             ,
             
               That
               all
               the
               discords
               ,
               abuses
               ,
               and
               diseases
               now
               reigning
               in
               the
               Church
               ,
               which
               hath
               brought
               it
               almost
               past
               hope
               of
               recovery
               ,
               proceed
               from
               the
               Pope
               and
               Court
               of
            
             Rome
             ;
             
               and
               that
               conceit
               which
               their
               flatterers
               have
               buzzed
               into
               them
               ,
               that
               they
               may
               do
               what
               they
               will
               ,
               that
               they
               are
               the
               Lords
               of
               all
               benefices
               ,
               that
               it
               is
               impossible
               for
               them
               to
               commit
               Simony
               ,
               considering
               that
               the
               proprietary
               may
               lawfully
               sell
               what
               belongs
               unto
               him
               .
            
             And
             on
             the
             other
             side
             they
             set
             down
             this
             maxime
             ,
             
               That
               it
               is
               not
               lawfull
               for
               the
               Pope
               to
               take
               any
               thing
               for
               the
               use
               of
               the
               power
               of
               the
               Keyes
               ,
               which
               Christ
               hath
               committed
               unto
               him
               ;
               seeing
               Christ
               hath
               commanded
               ,
               Freely
               ye
               have
               received
               ,
               freely
               give
               .
            
             They
             set
             downe
             many
             other
             heads
             of
             reformation
             like
             these
             ,
             which
             were
             never
             provided
             for
             .
             As
             for
             example
             ,
             the
             abuses
             committed
             at
             Rome
             in
             the
             granting
             of
             benefices
             and
             Ecclesiasticall
             dignities
             ,
             by
             dispensations
             ,
             indulgences
             ,
             exemptions
             ,
             reversions
             ,
             commendams
             ,
             &c.
             which
             are
             all
             derogatory
             to
             the
             Cano●s
             of
             the
             Church
             .
             And
             yet
             these
             deputies
             composed
             these
             Articles
             of
             reformation
             ,
             after
             the
             Pope
             had
             charged
             them
             by
             oath
             to
             tell
             him
             the
             truth
             upon
             paine
             of
             excommunication
             ,
             as
             they
             themselves
             testifie
             in
             the
             same
             Act.
             
          
        
         
           
           
             CHAP.
             II.
             Generall
             complaints
             touching
             the
             reformation
             of
             the
             Head.
             
          
           
             AFter
             the
             proposall
             of
             these
             demands
             ,
             
             I
             will
             now
             shew
             you
             two
             things
             ;
             First
             ,
             that
             the
             Councell
             never
             touched
             upon
             most
             of
             them
             ,
             and
             therefore
             there
             was
             a
             plaine
             denyall
             of
             justice
             :
             Next
             ,
             that
             they
             are
             no
             new
             demands
             ,
             being
             they
             were
             made
             and
             repeated
             divers
             times
             ,
             in
             divers
             ages
             ,
             and
             by
             divers
             men
             ;
             to
             which
             we
             shall
             adde
             the
             severall
             complaints
             that
             have
             hereupon
             beene
             made
             by
             many
             good
             men
             ,
             for
             the
             most
             part
             of
             the
             Clergy
             .
             The
             very
             same
             demands
             were
             also
             for
             the
             most
             part
             made
             by
             the
             Protestants
             ,
             and
             the
             rest
             that
             had
             relinquished
             their
             obedience
             to
             the
             Pope
             .
             But
             I
             will
             not
             speake
             a
             word
             of
             that
             ;
             as
             I
             protest
             also
             that
             I
             will
             not
             use
             reasons
             of
             divinity
             to
             justifie
             them
             ,
             nor
             authority
             of
             Fathers
             ,
             but
             very
             seldome
             .
          
           
             2
             The
             first
             and
             principall
             ,
             and
             that
             upon
             which
             many
             others
             depend
             (
             which
             we
             shall
             onely
             handle
             ,
             not
             medling
             with
             the
             rest
             )
             is
             the
             reformation
             of
             the
             Head
             ,
             that
             is
             the
             Pope
             of
             Rome
             ,
             which
             was
             required
             by
             the
             Emperour
             Sigismond
             ,
             and
             that
             in
             termes
             very
             respective
             ;
             heare
             his
             owne
             words
             .
             
               First
               ,
               that
               the
               supreme
               Bishop
               would
               be
               intreated
               to
               condescend
               that
               there
               might
               bee
               some
               reformation
               in
               himselfe
               and
               the
               Court
               of
            
             Rome
             .
             Conformable
             whereunto
             was
             the
             King
             of
             France
             his
             demand
             ,
             for
             hee
             required
             in
             expresse
             termes
             that
             the
             abuses
             of
             the
             Court
             of
             Rome
             might
             be
             reformed
             ,
             with
             proffer
             of
             reforming
             those
             of
             his
             owne
             kingdome
             ;
             besides
             ,
             his
             Ambassadours
             had
             an
             expresse
             Mandamus
             to
             adhere
             unto
             such
             as
             should
             desire
             any
             reformation
             .
             Pope
             Adrian
             the
             sixth
             had
             professed
             also
             that
             it
             was
             very
             necessary
             ,
             in
             regard
             of
             the
             great
             abuses
             and
             corruptions
             of
             that
             See.
             The
             Deputies
             of
             Pope
             Paul
             the
             third
             make
             all
             the
             abuses
             and
             maladies
             in
             the
             Church
             to
             be
             derived
             from
             thence
             .
             Those
             enormities
             which
             were
             required
             to
             be
             reformed
             ,
             were
             the
             cause
             of
             all
             the
             schisme●
             and
             divisions
             in
             those
             times
             ;
             for
             thence
             grew
             the
             first
             originall
             of
             complaining
             ;
             that
             was
             it
             that
             caused
             this
             Councell
             to
             be
             so
             desired
             and
             sought
             after
             .
          
           
             3
             Yet
             for
             all
             that
             the
             Fathers
             of
             that
             Councell
             would
             never
             touch
             upon
             it
             so
             much
             as
             with
             the
             tip
             of
             their
             finger
             .
             This
             is
             plaine
             from
             all
             the
             Acts
             and
             Decrees
             of
             it
             ,
             as
             also
             from
             the
             oration
             which
             Pius
             the
             fourth
             made
             in
             the
             Consistory
             ,
             upon
             the
             confirmation
             of
             the
             Decrees
             of
             that
             Councell
             .
             
               Wee
               heartily
               thanke
               the
               Fathers
            
             (
             saith
             he
             )
             
               that
               in
               matters
               concerning
               the
               correction
               of
               Ecclesiasticall
               discipline
               ,
               and
               reformation
               of
               manners
               ,
               they
               had
               so
               much
               respect
               unto
               our
               authority
               ,
               and
               were
               so
               moderate
               on
               our
               behalfe
               ,
               that
               if
               wee
               our selves
               would
               have
               beene
               our
               own
               reformers
               in
               what
               concernes
               us
               ,
               and
               not
               have
               left
               all
               to
               the
               Fathers
               we
               should
               have
               beene
               more
               severe
               against
               our selves
               .
            
             Adding
             afterwards
             :
             
               If
               the●
               Fathers
               for
               reasons
               best
               knowne
               to
               them
               ,
               have
               omitted
               any
               thing
               ,
               or
               beene
               too
               timorous
               ,
               we
               are
               ready
               to
               releeve
               their
               modesty
               ,
               and
               supply
               the
               rest
               ,
               as
               being
               left
               to
               our
               judgement
               .
            
             See
             here
             faire
             promises
             ,
             but
             we
             yet
             expect
             the
             performance
             of
             them
             .
             We
             will
             here
             adde
             by
             way
             of
             commentary
             ,
             that
             which
             
               Claudius
               Espenseus
            
             a
             Sorb●n
             Doctour
             ,
             
             and
             a
             witnesse
             above
             all
             exception
             hath
             written
             hereupon
             .
          
           
             4
             Wherefore
             (
             saith
             he
             )
             
               that
               Councell
               so
               much
               desired
               by
               all
               men
               ,
               interrupted
               for
               tenne
               whole
               y●eres
               ,
               at
               last
               obtained
               of
            
             Pius
             
               the
               fourth
               ,
               resumed
               again
               at
            
             Trent
             ,
             
             
               and
               there
               assembled
               the
               third
               time
               ,
            
             
             
               although
               all
               was
               by
               the
               Pope
               referred
               to
               the
               Fathers
               ,
               yet
               it
               s●
               forbore
               the
               purging
               of
               the
               Court
               of
            
             Rome
             ,
             
               that
               even
               in
               all
               that
               it
               prescribed
               to
               inferiours
               ,
               touching
               the
               reformation
               of
               manners
               and
               Ecclesiasticall
               discipline
               ,
               it
               protested
               that
               the
               authority
               of
               the
               See
               Apostolique
               stood
               safe
               and
               sound
               ;
               in
               the
            
             21.
             
             
               Canon
               of
               the
               ninth
               and
               last
               Session
               .
               In
               so
               much
               that
               the
               same
            
             Pius
             
               no
               lesse
               pious
               than
               sensible
               hereof
               ,
               did
               heartily
               thanke
               the
            
             Trent
             
               Fathers
               ,
               in
               an
               Oration
               which
               he
               delivered
               publikely
               at
            
             Rome
             
               in
               his
               Consistory
               of
               Cardinals
               ,
               who
               were
               there
               assembled
               in
               great
               numbers
               ,
               that
               they
               had
               such
               a
               specia●l
               regard
               of
               his
               authority
               ,
               in
               the
               Ecclesiasticall
               reformation
               ,
               and
               had
               used
               him
               so
               gently
               ,
               that
               if
               he
               should
               have
               undertaken
               to
               reforme
               both
               himselfe
               and
               th●se
               about
               him
               ,
               he
               should
               have
               beene
               more
               severe
               .
               What
               remaines
               ,
               then
               but
               that
               he
               refuse
               not
               the
               authority
               of
               a
               reforming
               Councell
               ?
               and
               that
               he
               supply
               what
               the
               Fathers
               for
               certaine
               reasons
               did
               o●●it
               ?
               and
               that
               wherein
               they
               were
               over
               timorous
               ,
               it
               being
               left
               to
               his
               discretion
               ,
               as
               he
               promised
               to
               doe
               in
               that
               Oration
               ?
               For
               if
               it
               was
               as
               truly
               as
               freely
               spoken
               by
               Pope
            
             Adrian
             .
             
               that
               the
               corruption
               of
               manners
               now
               reigning
               is
               derived
               from
               the
               head
               to
               the
               body
               of
               the
               Church
               ,
               
               it
               is
               requisite
               that
               his
               successour
            
             Pius
             
               s●●●e
               his
               Sanctuary
               ,
               and
               beginne
               at
               his
               owne
               house
               .
               He
               sees
               well
               enough
               to
               what
               plight
               the
               Church
               of
               the
               holy
               Apostles
               ,
               yea
               the
               whole
               Church
               of
            
             Christ
             
               is
               brought
               by
               the
               base
               gaine
               and
               filthy
               avarice
               of
               some
               of
               his
               predecessors
               ;
               who
               sought
               that
               which
               was
               their
               own
               and
               not
               that
               which
               was
            
             Christs
             :
             
               how
               many
               men
               are
               gone
               away
               from
               it
               within
               these
               few
               yeeres
               ,
               in
               so
               much
               that
               it
               is
               to
               be
               feared
               there
               will
               more
               goe
               yet
               ,
               if
               hee
               doe
               not
               now
               at
               last
               apply
               some
               remedy
               ,
               after
               much
               delay
               of
               salving
               those
               sores
               wherewith
               the
               Church
               is
               oppressed
               ;
               which
               delay
               ,
               the
               longer
               it
               is
               ,
               the
               more
               chargeable
               it
               will
               be
               .
               The
               principall
               cause
               of
               these
               so
               long
               stirres
               ,
               is
               ,
               because
               for
               so
               many
               yeeres
               nothing
               is
               altered
               ,
               nothing
               amended
               :
               and
               that
               which
               cuts
               off
               all
               hope
               of
               reformation
               ,
               is
               ,
               that
               they
               would
               see
               a
               reformation
               in
               all
               the
               rest
               of
               the
               body
               of
               the
               Church
               ,
               who
               have
               suffered
               for
               so
               many
               hundred
               yeeres
               together
               that
               City
               wherein
               they
               have
               both
               meere
               and
               mixt
               power
               and
               jurisdiction
               to
               bee
               the
               most
               deformed
               of
               all
               .
               For
               what
               excuse
               can
               they
               alledge
               ,
               or
               what
               can
               they
               invent
               either
               true
               or
               likely
               ,
               they
               to
               whom
               neither
               King
               nor
               Emperour
               ,
               people
               nor
               Clergy
               ,
               not
               a
               Generall
               Councell
               ,
               no
               nor
               the
               whole
               Church
               must
               say
               so
               much
               as
               ,
               Why
               doe
               you
               so
               ?
               What
               pretence
               ,
               I
               say
               ,
               can
               they
               have
               for
               delaying
               so
               long
               to
               reforme
               them
               and
               theirs
               ?
               For
               where
               shall
               wee
               finde
               under
               the
               Sunne
               greater
               licentiousnesse
               in
               all
               evill
               ,
               greater
               outcries
               ,
               greater
               impunity
               ,
               I
               had
               almost
               said
               infamy
               and
               impudence
               ?
               Without
               doubt
               such
               and
               so
               great
               it
               is
               ,
               that
               none
               will
               beleeve
               it
               but
               he
               that
               hath
               seene
               it
               ;
               none
               will
               deny
               it
               ,
               but
               they
               that
               have
               not
               seene
               it
               .
            
          
           
             5
             See
             you
             here
             what
             this
             excellent
             Devine
             speakes
             without
             any
             flattery
             ;
             but
             let
             us
             go
             to
             them
             of
             more
             antiquity
             ,
             and
             see
             how
             long
             it
             is
             since
             these
             complaints
             against
             the
             See
             of
             Rome
             begunne
             first
             to
             be
             made
             .
             
             If
             wee
             beleeve
             the
             same
             author
             ,
             this
             complaint
             is
             pretty
             ancient
             ,
             and
             it
             is
             a
             long
             time
             since
             this
             reformation
             hath
             beene
             called
             for
             :
             for
             see
             you
             what
             hee
             speakes
             of
             it
             in
             the
             sequele
             of
             the
             fore-cited
             passage
             :
             
               I
               will
               omit
               the
               complaint
               which
               hath
               ever
               beene
               made
               thereof
               from
               age
               to
               age
               ,
               even
               from
               St.
            
             ●eromes
             time
             .
          
           
             
             6
             Nor
             will
             we
             take
             our
             rise
             so
             high
             ,
             but
             will
             insist
             upon
             these
             latter
             ages
             .
             But
             here
             first
             I
             protest
             I
             have
             no
             purpose
             to
             discover
             the
             shame
             of
             that
             supreme
             See
             ,
             to
             expose
             her
             faults
             to
             derision
             and
             mockery
             ,
             but
             onely
             with
             intent
             to
             see
             them
             corrected
             and
             amended
             .
             As
             also
             I
             declare
             that
             I
             meane
             not
             to
             enquire
             into
             the
             personall
             vices
             of
             the
             Popes
             ,
             for
             that
             would
             rather
             tend
             to
             calumny
             and
             injury
             ,
             than
             the
             end
             which
             I
             purpose
             ,
             but
             onely
             the
             abuses
             of
             the
             Popedome
             ,
             the
             maladies
             of
             the
             See
             ,
             the
             usurpations
             and
             over-bold
             attempts
             which
             have
             beene
             derived
             to
             their
             successors
             ;
             briefly
             ,
             no
             more
             but
             such
             vices
             as
             are
             become
             hereditary
             .
             Which
             to
             compasse
             wee
             will
             beginne
             with
             the
             generall
             complaints
             that
             have
             beene
             made
             in
             divers
             ages
             ,
             and
             thence
             descend
             to
             particulars
             ,
             as
             from
             the
             bole
             to
             the
             branches
             ;
             speaking
             alwayes
             by
             another
             mans
             
             mouth
             ,
             unlesse
             it
             be
             when
             the
             connexion
             of
             places
             shal
             enforce
             us
             to
             contribute
             something
             of
             our
             owne
             .
             
          
           
             7
             The
             Acts
             of
             the
             Councell
             of
             Rhemes
             holden
             under
             
               Hugh
               Capet
            
             the
             yeere
             990.
             have
             these
             words
             :
             
             Poore
             Rome
             ,
             
               what
               cleere
               lights
               of
               fathers
               hast
               thou
               brought
               forth
               in
               the
               time
               of
               our
               predecessours
               ?
               what
               horrible
               darknesse
               hast
               thou
               poured
               out
               upon
               our
               times
               ,
               which
               will
               redound
               to
               our
               shame
               and
               dishonour
               in
               future
               ages
               ?
               Hildebert
            
             Archbishop
             of
             Tours
             ,
             who
             lived
             about
             the
             yeere
             1100.
             hath
             left
             us
             two
             pretty
             nipping
             verses
             against
             the
             Popes
             :
             
               
                 Rome
                 ,
                 to
                 be
                 masterlesse
                 were
                 well
                 for
                 thee
                 ,
              
               
                 Or
                 some
                 to
                 have
                 not
                 void
                 of
                 honesty
                 ,
              
            
             Saint
             Bernard
             ,
             who
             lived
             under
             the
             Emperour
             Conrade
             ,
             and
             Pope
             Euge●ius
             the
             fourth
             ,
             cryes
             out
             bitterly
             against
             the
             vices
             that
             were
             even
             then
             annexed
             to
             the
             Papacy
             :
             as
             against
             ambition
             ,
             dominion
             ,
             pompe
             and
             vanity
             ,
             avarice
             ,
             jurisdiction
             over
             temporall
             goods
             ,
             against
             the
             abuses
             of
             dispensations
             ,
             indulgences
             ,
             appeals
             ,
             exemptions
             ,
             and
             such
             like
             wares
             ;
             wee
             will
             bring
             the
             places
             hereafter
             ,
             and
             dispose
             every
             one
             in
             due
             order
             .
             That
             holy
             man
             is
             to
             bee
             commen●ed
             for
             speaking
             so
             home
             of
             those
             abuses
             ,
             and
             that
             even
             while
             hee
             wrote
             to
             a
             Pope
             ;
             for
             which
             cause
             he
             is
             applauded
             by
             every
             one
             ,
             and
             with
             a
             certaine
             emulation
             cited
             in
             honourable
             termes
             by
             all
             those
             that
             lived
             after
             him
             .
          
           
             8
             Marsilius
             of
             Padua
             ,
             who
             writ
             above
             three
             hundred
             yeeres
             agoe
             in
             the
             time
             of
             the
             Emperour
             
               Ludovicus
               Bavarus
            
             ,
             about
             the
             yeere
             1320.
             hath
             spoken
             of
             the
             abuses
             of
             the
             Pope
             and
             the
             Court
             of
             Rome
             ,
             both
             in
             grosse
             and
             by
             ret●ile
             :
             for
             in
             the
             24.
             
             Chapter
             of
             the
             second
             part
             of
             his
             booke
             intitled
             
               Defensor
               pacis
            
             ,
             he
             saith
             ,
             
               That
               the
               body
               of
               the
               whole
               Church
               hath
               beene
               infected
               by
               that
               ple●itude
               of
               power
               which
               is
               allowed
               unto
               the
               Pope
            
             ;
             and
             he
             addes
             afterwards
             ,
             
               Let
               the
               faithfull
               cast
               their
               eyes
               that
               way
               ,
               those
               who
               have
               visited
               the
               Church
               of
            
             Rome
             (
             
               which
               I
               might
               more
               truly
               call
               a
               shop
               of
               traffique
               ,
               an
               horrible
               den
               of
               theeves
            
             )
             
               shall
               plainly
               see
               ,
               and
               those
               who
               were
               never
               the●e
               shall
               learne
               by
               the
               report
               of
               an
               infinite
               number
               of
               men
               of
               credit
               that
               it
               is
               become
               the
               receptacle
               of
               all
               rogues
               and
               rascals
               ,
               of
               truckers
               for
               all
               wares
               both
               spirituall
               and
               temporall
               ;
               for
               what
               is
               it
               else
               but
               a
               haven
               for
               Simoniacall
               persons
               ,
               who
               repaire
               thither
               from
               all
               quarters
               ?
               what
               else
               but
               a
               noise
               of
               Lawyers
               ,
               an
               assault
               of
               detractors
               ,
               a
               v●xation
               of
               honest
               men
               ?
               the
               justice
               of
               the
               innocent
               is
               there
               in
               hazard
               ,
               or
               else
               is
               so
               long
               deferred
               (
               unlesse
               it
               be
               redeemed
               with
               money
               )
               that
               being
               at
               length
               quite
               exhausted
               ,
               and
               wearied
               by
               infinite
               troubles
               ,
               they
               are
               en●orced
               to
               give
               over
               their
               just
               causes
               full
               of
               commiseration
               .
               For
               there
               the
               lawes
               of
               men
               doe
               ring
               again
               ,
               but
               Gods
               lawes
               are
               either
               quite
               dumb
               ,
               or
               at
               least
               very
               rarely
               understood
               .
               There
               is
               nothing
               but
               plots
               and
               projects
               how
               to
               seise
               upon
               Christian
               countries
               ,
               to
               win
               them
               by
               force
               of
               armes
               ,
               and
               wrest
               them
               out
               of
               the
               hands
               of
               such
               to
               whom
               they
               doe
               of
               right
               appertaine
               .
               No
               further
               care
               ,
               no
               consultation
               ever
               about
               the
               conquering
               of
               soules
               .
               Besides
               ,
               no
               order
               dwels
               there
               ,
               but
               a
               perpetuall
               horrour
               .
            
          
           
             9
             In
             the
             eleventh
             Chapter
             of
             the
             same
             Booke
             ,
             hee
             makes
             along
             discourse
             of
             the
             robberies
             of
             the
             Popes
             and
             the
             Court
             of
             Rome
             :
             of
             their
             Simony
             ,
             luxury
             ,
             sensuality
             ,
             vanity
             ,
             desire
             of
             domineering
             ,
             and
             of
             invading
             Lordships
             and
             Principalities
             ;
             and
             in
             an
             infinite
             company
             of
             places
             hee
             shewes
             the
             injust
             power
             which
             the
             Popes
             arrogate
             unto
             themselves
             over
             matters
             both
             spirituall
             and
             temporall
             ,
             and
             the
             meanes
             they
             used
             to
             usurpe
             it
             ,
             some
             passages
             whereof
             wee
             shall
             elsewhere
             relate
             .
             This
             great
             divine
             was
             not
             moved
             to
             write
             these
             things
             by
             any
             hatred
             or
             discontent
             towards
             the
             Popes
             ,
             but
             onely
             by
             a
             just
             obligation
             to
             defend
             the
             Emperour
             
               Ludovicus
               Bavarus
            
             ,
             who
             was
             injustly
             excommunicate
             .
          
           
             10
             A
             little
             before
             this
             devine
             put
             forth
             that
             Booke
             ,
             to
             wit
             ,
             in
             the
             yeer
             1310
             ,
             
             
               William
               Durant
            
             Bishop
             of
             Menda
             in
             Languedoc
             ,
             
             being
             summoned
             by
             Clement
             the
             fifth
             ,
             to
             the
             general
             Councel
             at
             Vienna
             ,
             to
             come
             and
             see
             what
             was
             fitting
             to
             be
             reformed
             in
             the
             Church
             ,
             made
             a
             book
             
               De
               Conciliis
            
             ,
             towards
             the
             beginning
             whereof
             he
             saith
             ,
             
               It
               seemes
               to
               bee
               a
               thing
               considerable
               ,
               that
               it
               is
               most
               expedient
               &
               necessary
               ,
               that
               before
               any
               thing
               else
               wee
               should
               proceed
               to
               the
               correction
               and
               reformation
               of
               such
               things
               as
               ought
               to
               be
               corrected
               and
               reformed
               in
               the
               Church
               of
               God
               ,
               as
               well
               in
               the
               head
               as
               in
               the
               members
               .
            
             And
             in
             the
             first
             Chapter
             of
             the
             third
             Book
             ;
             Certes
             
               as
               concerning
               the
               reformation
               of
               the
               Catholique
               Church
               to
               bring
               it
               about
               profitably
               with
               perseverance
               and
               effectually
               ,
               it
               seemes
               expedient
               that
               it
               begin
               at
               the
               head
               ;
               that
               is
               ,
               at
               the
               holy
               Church
               of
            
             Rome
             ,
             
               which
               is
               the
               head
               of
               all
               others
               .
            
             Then
             hee
             sets
             downe
             in
             particular
             such
             things
             as
             stood
             in
             need
             of
             reformation
             ,
             representing
             a
             good
             many
             abuses
             of
             the
             See
             of
             Rome
             that
             deserved
             to
             be
             corrected
             .
             But
             for
             all
             his
             learned
             discourse
             ,
             there
             was
             nothing
             done
             about
             them
             in
             that
             Councell
             ,
             witnes
             the
             Bishop
             of
             Panormo
             in
             his
             advice
             touching
             the
             Councell
             of
             Basil.
             
             
               This
               decree
               concerneth
               the
               estate
               generall
               of
               the
               Church
               ,
               and
               the
               matters
               belong
               to
               a
               generall
               reformation
               ,
               which
               may
               be
               hindred
               by
               a
               dissolution
               ,
               as
               it
               was
               by
               the
               dissolution
               of
               the
               Councell
               of
            
             Vienna
             .
          
           
             11
             Nicholas
             of
             Pibrac
             ,
             who
             lived
             about
             the
             yeere
             1290
             ,
             tels
             strange
             stories
             both
             of
             the
             Pope
             and
             his
             Court
             ,
             in
             his
             booke
             called
             Occultus
             ,
             which
             I
             will
             not
             here
             insert
             .
             And
             he
             afterwards
             addes
             ,
             
               
                 
                   Dites
                   au
                   Pape
                   je
                   vous
                   prie
                
                 
                   Que
                   sous
                   couleur
                   de
                   pieté
                
                 
                   L'
                   eglise
                   abonde
                   en
                   Simonie
                   ;
                
                 
                   Et
                   y
                   a
                   multiplicité
                
                 
                   De
                   maux
                   :
                   que
                   s'ils
                   sont
                   de
                   duree
                
                 
                   Nuiront
                   à
                   cette
                   foy
                   doree
                
                 
                   Eclipseront
                   la
                   pureté
                   .
                
              
               
                 
                   Tell
                   the
                   Pope
                   ,
                   I
                   pray
                   ,
                   from
                   mee
                   ,
                
                 
                   That
                   under
                   colour
                   of
                   piety
                   ,
                
                 
                   The
                   Church
                   abounds
                   in
                   Simony
                   ;
                
                 
                   And
                   such
                   a
                   many
                   faults
                   there
                   be
                   ,
                
                 
                   That
                   if
                   not
                   mended
                   presently
                   ,
                
                 
                   They
                   will
                   eclips
                   the
                   purity
                
                 
                   Of
                   faith
                   ,
                   that
                   shines
                   so
                   gloriously
                   .
                
              
            
          
           
             12
             
               Francis
               Petrarch
            
             who
             lived
             about
             the
             yeere
             1370
             ,
             under
             the
             Emperour
             Charles
             the
             fourth
             ,
             and
             Pope
             Gregory
             the
             11
             reproving
             also
             an
             infinite
             number
             of
             abuses
             ;
             speaking
             of
             Rome
             under
             the
             name
             of
             Babylon
             ,
             and
             of
             his
             departure
             from
             thence
             ,
             in
             the
             92
             Sonet
             he
             saith
             ,
             
               
                 
                   De
                   l'
                   empia
                   Babilonia
                   ;
                   ond
                   '
                   è
                   fuggita
                
                 
                   Ogni
                   vergogna
                   ,
                   ond
                   '
                   ogni
                   bene
                   è
                   fuori
                   ;
                
                 
                   Albergo
                   di
                   dolor
                   ,
                   madre
                   d'
                   errori
                   ,
                
                 
                   Son
                   fuggit
                   '
                   io
                   per
                   allungar
                   la
                   vita
                   .
                
              
               
                 
                   From
                   wicked
                   Babylon
                   from
                   whence
                   is
                   fled
                
                 
                   All
                   modesty
                   ,
                   all
                   goodnesse
                   banished
                   ,
                
                 
                   Harbour
                   of
                   griefe
                   ,
                   mother
                   of
                   errours
                   rife
                   ,
                
                 
                   I
                   fled
                   ,
                   in
                   hopes
                   so
                   to
                   prolong
                   my
                   life
                   .
                
              
            
          
           
             In
             his
             20
             Epistle
             he
             styles
             it
             ,
             
               The
               nest
               of
               treasons
               ,
               wherein
               the
               venome
               of
               all
               the
               world
               is
               hatched
               and
               brought
               up
               .
            
          
           
           
             13
             
               Francis
               Zabarel
            
             Cardinall
             of
             Florence
             ,
             who
             lived
             about
             1400
             ,
             
             in
             a
             tract
             which
             he
             writ
             of
             the
             Schisme
             a
             little
             after
             the
             first
             Pisan
             Councell
             ,
             speakes
             thus
             concerning
             the
             reformation
             of
             the
             Head
             ,
             which
             (
             as
             hee
             saith
             )
             must
             bee
             done
             in
             a
             Councell
             .
             
               These
               lawes
               are
               observable
               ;
               
               insomuch
               that
               they
               were
               not
               well
               considered
               of
               by
               divers
               flatterers
               that
               would
               often
               heretofore
               humour
               the
               Popes
               ,
               and
               who
               still
               perswaded
               them
               they
               might
               do
               what
               they
               list
               ;
               yea
               ,
               even
               that
               which
               is
               not
               lawfull
               ,
               and
               in
               that
               respect
               more
               than
               God
               himselfe
               .
               For
               hence
               have
               ensued
               an
               infinite
               company
               of
               errours
               ,
               insomuch
               that
               the
               Popes
               have
               usurped
               all
               the
               right
               of
               inferiour
               Churches
               ,
               so
               that
               other
               Prelates
               are
               but
               cyphers
               ;
               and
               if
               God
               do
               not
               provide
               for
               the
               state
               of
               the
               Catholique
               Church
               ,
               it
               is
               like
               to
               goe
               to
               wrack
               :
               But
               by
               the
               grace
               of
               God
               there
               is
               some
               hope
               of
               reformation
               ,
               if
               the
               Councell
               which
               is
               appointed
               in
               the
               Church
               doe
               indeed
               meet
               ,
               as
               it
               is
               reported
               it
               shall
               .
               In
               which
               assembly
               order
               must
               be
               taken
               ,
               not
               onely
               for
               the
               present
               schisme
               ,
               but
               for
               the
               future
               also
               ;
               and
               the
               power
               of
               the
               Pope
               must
               be
               so
               moderated
               ,
               that
               inferiour
               powers
               bee
               not
               overthrowne
               ;
               and
               that
               from
               henceforth
               the
               Pope
               may
               not
               do
               what
               he
               will
               ,
               but
               what
               is
               lawfull
               .
            
          
           
             14
             At
             the
             Councell
             of
             Constance
             there
             were
             articles
             put
             up
             by
             divers
             Natitions
             about
             the
             point
             of
             reformation
             ,
             
             wherein
             it
             was
             demanded
             amongst
             other
             things
             ,
             
               That
               there
               might
               bee
               a
               reformation
               of
               the
               head
               and
               Court
               of
            
             Rome
             .
             Whereupon
             was
             enacted
             this
             good
             decree
             ;
             
               That
               the
               Pope
               whom
               they
               should
               create
               ,
               together
               with
               the
               Councell
               ;
               or
               such
               as
               should
               be
               deputed
               by
               every
               nation
               ,
               should
               proceed
               to
               the
               reformation
               of
               the
               head
               ,
               the
               members
               ,
               and
               the
               Court
               of
               Rome
               ,
               according
               to
               equity
               and
               the
               good
               government
               of
               the
               Church
               ,
               before
               the
               breaking
               up
               of
               the
               Councell
               .
            
             But
             Pope
             Martin
             the
             fif●h
             ,
             being
             elected
             by
             them
             ,
             did
             ease
             them
             of
             that
             trouble
             ,
             
             putting
             off
             the
             reformation
             till
             another
             time
             ,
             to
             the
             great
             regret
             of
             many
             ,
             seeing
             it
             is
             ever
             to
             begin
             anew
             .
          
           
             15
             The
             Cardinall
             of
             Cambray
             ,
             who
             lived
             about
             1414
             ,
             
             and
             was
             at
             the
             Councell
             of
             Constance
             ,
             in
             a
             certaine
             Treatise
             of
             his
             ,
             
               Of
               the
               reformation
               of
               the
               Church
               ,
            
             after
             he
             hath
             shewed
             the
             good
             that
             comes
             of
             the
             celebration
             and
             frequency
             of
             general
             Councels
             ,
             he
             adds●
             
               The
               second
               consideration
               is
               of
               such
               things
               as
               ought
               to
               be
               reformed
               in
               the
               Head
               of
               the
               Church
               ;
               that
               is
               ,
               concerning
               the
               state
               of
               the
               Pope
               and
               his
               Court
               of
            
             Rome
             .
             
             And
             he
             afterwards
             speaks
             ,
             
               of
               the
               abuses
               of
               exactions
               ,
               excommunications
               ,
               the
               multitude
               of
               Canons
               and
               decretals
               ,
               presentations
               to
               benefices
               ,
               elections
               to
               dignities
               ,
               granting
               of
               exemptions
               ,
               and
               many
               such
               like
               excesses
               ,
               which
               (
               saith
               he
               )
               it
               would
               be
               too
               long
               to
               relate
               ,
               which
               he
               desires
               may
               be
               reformed
               .
            
          
           
             16
             Mr.
             
               Iohn
               Gerson
            
             Chancelour
             of
             Paris
             ,
             who
             was
             also
             at
             the
             Councell
             of
             Constance
             ,
             in
             a
             Sermon
             made
             by
             him
             upon
             the
             voyage
             of
             the
             Emperour
             ,
             
             saith
             ,
             
               It
               is
               expedient
               to
               doe
               so
               now
               before
               the
               election
               of
               the
               Pope
               ,
               in
               many
               things
               which
               concerne
               the
               state
               generall
               of
               the
               Church
               ,
               which
               the
               Popes
               abuse
               by
               too
               much
               using
               the
               plenitude
               of
               their
               power
               :
               as
               in
               this
               that
               they
               will
               never
               keep
               any
               generall
               Councels
               ,
               nor
               suffer
               inferiour
               Prelats
               to
               enjoy
               their
               ordinary
               rights
               ;
               wherein
               they
               have
               manifestly
               erred
               without
               any
               manifest
               reason
               or
               convenience
               ;
               sometimes
               disanulling
               the
               decrees
               of
               generall
               Councels
               ,
               sometimes
               altering
               them
               ,
               sometimes
               expounding
               them
               at
               their
               pleasure
               ;
               sometimes
               granting
               priviledges
               and
               exemptions
               .
            
          
           
             17
             Nicholas
             de
             Clemangiis
             ,
             
             one
             of
             the
             most
             learned
             and
             eloquent
             divines
             of
             his
             time
             ,
             who
             was
             contemporany
             with
             Mr.
             Gerson
             ,
             speaks
             also
             very
             bitterly
             against
             the
             See
             of
             Rome
             in
             divers
             tracts
             ,
             but
             especially
             in
             his
             booke
             
               De
               ruina
               &
               reparatione
               Ecclesiae
            
             .
             I
             shall
             set
             downe
             some
             passages
             in
             generall
             terms
             :
             
               First
               (
               saith
               he
               )
               let
               us
               speake
               of
               the
               Head
               ,
               upon
               whom
               all
               the
               rest
               depends
               .
            
             He
             afterwards
             addes
             ,
             
               For
               the
               supreme
               Bishops
               (
               that
               I
               may
               come
               to
               them
               
               in
               the
               last
               place
               )
               who
               by
               how
               much
               they
               see
               themselves
               ranked
               above
               others
               in
               greatnesse
               and
               authority
               ,
               
               by
               so
               much
               they
               labour
               the
               more
               to
               overth●ow
               them
               ,
               out
               of
               a
               domineering
               humour
               for
               the
               enlarging
               of
               their
               primacy
               and
               supreme
               power
               ,
               considering
               that
               the
               commodities
               of
               the
               Bishoprique
               of
               Rome
               ,
               and
               S.
               Peters
               patrimony
               which
               is
               very
               large
               and
               above
               any
               Kingdome
               ,
               (
               though
               it
               have
               beene
               sufficiently
               curtalled
               by
               their
               negligence
               )
               can
               no
               way
               suffice
               to
               maintaine
               the
               greatnesse
               of
               their
               state
               ,
               which
               they
               have
               purposed
               to
               raise
               high
               enough
               above
               all
               the
               Emperours
               and
               Kings
               in
               the
               world
               ,
               have
               cast
               themselves
               into
               those
               others
               flocks
               that
               abound
               in
               breeding
               ,
               in
               wool
               ,
               and
               in
               milke
               .
            
             He
             afterwards
             specifies
             the
             loosenesse
             ,
             luxury
             ,
             vanities
             ,
             worldlines
             ,
             rapi●es
             ,
             vexations
             ,
             usurpations
             ,
             oppressions
             ,
             and
             other
             such
             like
             vices
             and
             abuses
             of
             the
             Popes
             and
             their
             Court.
             In
             another
             book
             of
             his
             ,
             intituled
             ,
             
             
               De
               lapsu
               &
               reparatione
               justitiae
            
             ;
             he
             shewes
             that
             the
             Court
             of
             Rome
             hath
             infected
             France
             by
             comming
             there
             ,
             specifying
             all
             the
             vices
             and
             blemishes
             which
             are
             communicated
             unto
             it
             ,
             and
             those
             no
             small
             company
             .
          
           
             18
             
               Lastly
               (
               saith
               he
               )
               there
               was
               a
               time
               when
               the
               Apostolique
               Bishop
               being
               vexed
               with
               the
               tyranny
               of
               the
               Italians
               ,
               made
               choice
               of
               France
               for
               his
               seat
               ,
               and
               for
               all
               t●e
               Court
               or
               Rome
               ,
               supposing
               he
               could
               not
               ●inde
               assured
               refuge
               elswhere
               :
               to
               whom
               I
               could
               wish
               the
               strength
               of
               France
               had
               never
               proved
               a
               staffe
               of
               a
               reed
               ,
               as
               it
               was
               a
               long
               time
               before
               foretold
               that
               it
               should●
               what
               was
               it
               else
               that
               brought
               France
               upon
               the
               suddaine
               into
               these
               miseries
               ,
               making
               her
               fall
               away
               from
               that
               eminent
               glory
               which
               made
               her
               flourish
               above
               al
               other
               nations
               ,
               but
               that
               ,
               degenerating
               from
               those
               ancient
               vertues
               which
               adorned
               her
               with
               such
               an
               excellency
               of
               honour
               ,
               she
               is
               changed
               from
               valour
               to
               cowardise
               ,
               from
               diligence
               to
               sloath
               ,
               from
               honesty
               to
               ignominy
               ,
               from
               gravity
               and
               constancy
               to
               a
               wanton
               lightnesse
               ,
               from
               temperance
               to
               luxury
               ,
               from
               courage
               to
               presumption
               ,
               from
               liberality
               to
               covetousnesse
               and
               unrestrained
               spoiling
               ,
               from
               thrift
               to
               prodigality
               ,
               from
               trust
               to
               treachery
               ,
               from
               piety
               to
               impiety
               ,
               from
               order
               to
               confusion
               ,
               from
               a
               solid
               glory
               to
               pride
               and
               vanity
               ,
               from
               zeale
               of
               the
               publique
               good
               ,
               to
               private
               gaines
               ,
               from
               correction
               and
               discipline
               to
               a
               generall
               impunity
               and
               licence
               of
               all
               wickednesse
               and
               misdemeanours
               ?
               and
               ,
               to
               summe
               up
               all
               in
               a
               word
               which
               is
               proper
               for
               our
               present
               subject
               ,
               from
               justice
               to
               injustice
               and
               all
               iniquity
               ?
            
          
           
             19
             The
             author
             of
             the
             booke
             intitled
             
               De
               Hierarchia
               subcoelesti
            
             ,
             
             who
             lived
             about
             the
             same
             time
             ,
             under
             Charles
             the
             fifth
             and
             sixth
             ,
             hath
             made
             us
             also
             an
             inventary
             of
             the
             abuses
             ,
             deformities
             ,
             and
             debauchments
             of
             the
             Court
             of
             Rome
             ,
             which
             (
             as
             he
             saith
             )
             crept
             into
             it
             for
             the
             most
             part
             after
             Clement
             the
             fifth
             .
             
               Celestine
               the
               fifth
               (
               as
               the
               story
               goes
               )
               seeing
               the
               state
               of
               the
               Court
               of
               Rome
               even
               then
               disorderly
               and
               corrupted
               ,
               retired
               himselfe
               of
               his
               owne
               accord
               ,
               and
               renounced
               the
               Popedome
               :
               and
               although
               it
               be
               said
               that
               he
               was
               chea●ed
               by
               Boniface
               the
               eighth
               his
               successor
               (
               of
               whom
               it
               is
               said
               that
               hee
               entred
               like
               a
               Fox
               ,
               and
               reigned
               like
               a
               Lyon
               )
               yet
               the
               same
               Celestine
               was
               moved
               so
               to
               doe
               ,
               rather
               out
               of
               a
               desire
               of
               avoiding
               pomp
               ,
               and
               enjoying
               the
               embraces
               of
               his
               
                 Rachel
                 .
                 Benet
              
               ,
               who
               was
               of
               the
               order
               of
               the
               Pre●icants
               ,
               succeeded
               Boniface
               ,
               who
               having
               made
               peace
               with
               the
               King
               of
               France
               ,
               with
               whom
               his
               predecessors
               were
               at
               ods
               ,
               he
               undertooke
               to
               reforme
               the
               Church
               ,
               but
               hee
               could
               not
               goe
               through
               with
               it
               ,
               being
               he
               lived
               not
               a
               whole
               yeere
               .
               After
               him
               there
               was
               a
               Pope
               chosen
               by
               the
               name
               of
               Clement
               the
               fifth
               ,
               an
               Archbishop
               of
               Bourdeaux
               in
               France
               ,
               under
               whom
               all
               the
               Canons
               ,
               the
               Customes
               Ecclesiasticall
               ,
               and
               other
               vertues
               did
               utterly
               perish
               ,
               their
               gallantry
               was
               increased
               ,
               Simony
               flourished
               ,
               avarice
               sprung
               up
               ,
               pride
               and
               pleasure
               waxed
               hot
               ,
               they
               gave
               themselves
               up
               to
               the
               delicacies
               of
               the
               palat
               ;
               a
               puddle
               of
               luxuries
               did
               overflow
               all
               ,
               and
               was
               poured
               downe
               upon
               the
               Clergy
               .
               Was
               not
               all
               the
               Church
               afterwards
               made
               tributary
               ?
               Consider
               the
               pecuniary
               tythes
               ,
               the
               slaughter-houses
               ,
               the
               procurations
               in
               
               absence
               ,
               the
               injust
               reservations
               of
               all
               dignities
               ,
               
               the
               bestowing
               of
               benefices
               put
               all
               into
               one
               mans
               hand
               ,
               the
               exemptions
               which
               are
               as
               it
               were
               the
               maimes
               of
               all
               the
               members
               of
               the
               Church
               ,
               the
               plenary
               indulgence
               of
               all
               sinnes
               granted
               to
               rich
               men
               .
               Consider
               also
               the
               presenting
               of
               insufficient
               men
               to
               Bishopriques
               ,
               and
               the
               commutation
               of
               all
               offences
               into
               pecuniary
               mulcts
               .
            
          
           
             20
             Iohn
             Duke
             of
             Bourges
             in
             an
             Epistle
             which
             he
             sent
             to
             Pope
             Innocent
             the
             seventh
             ,
             amongst
             other
             things
             tells
             him
             ,
             
             
               That
               in
               Peters
               case
               the
               Sun
               of
               righteousnesse
               was
               wont
               to
               rise
               ,
               and
               the
               fruitfull
               earth
               brought
               forth
               fruit
               of
               the
               purity
               of
               the
               divine
               seed
               a
               hundred
               fold
               :
               that
               there
               the
               authority
               of
               the
               Fathers
               remained
               entire
               and
               incorrupted
               ,
               whereas
               now
               we
               see
               a
               head
               faint
               ,
               a
               heart
               sicke
               ,
               and
               scarce
               ought
               sound
               from
               the
               sole
               of
               the
               foot
               to
               the
               top
               of
               the
               head
               .
            
             And
             he
             had
             said
             before
             ,
             
               That
               ambition
               the
               fountaine
               of
               other
               vices
               ,
               is
               now
               growing
               in
               the
               Church
               of
               Rome
               ,
               and
               that
               it
               spreads
               abroad
               monstrous
               and
               abominable
               vices
               over
               all
               the
               earth
               ,
               like
               branches
               of
               a
               greene
               stock
               .
            
          
           
             21
             Afterwards
             the
             Councell
             of
             Basil
             was
             called
             ;
             many
             good
             decrees
             were
             there
             made
             :
             there
             the
             Popes
             ,
             who
             had
             now
             reered
             their
             power
             too
             high
             ,
             were
             
               brought
               under
               the
               yoke
               of
               a
               Councell
               ;
               there
               their
               enterprises
               were
               reprehended
               ,
               their
               power
               bounded
               and
               regulated
               .
            
             Hearke
             what
             Sylvius
             saith
             :
             
               How
               that
               decree
               was
               necessary
               to
               curbe
               the
               ambition
               of
               the
               Popes
               of
            
             Rome
             ,
             
             
               who
               thrusting
               up
               themselves
               above
               the
               Catholique
               Church
               ,
               thought
               it
               was
               lawfull
               for
               them
               to
               doe
               what
               they
               list
               ,
               and
               a
               little
               to
               divert
               the
               thoughts
               of
               the
               Popes
               from
               the
               care
               of
               temporall
               matters
               ,
               considering
               that
               they
               never
               thought
               of
               spirituall
               .
            
             But
             when
             all
             came
             to
             all
             ,
             this
             was
             to
             no
             purpose
             :
             for
             the
             Popes
             hold
             that
             Councell
             to
             be
             apocryphall
             ,
             yea
             hereticall
             ;
             they
             condemned
             it
             in
             the
             Lateran
             ,
             for
             as
             much
             as
             concernes
             them
             ;
             so
             that
             wee
             are
             to
             beginne
             againe
             .
             Whereupon
             it
             was
             expedient
             to
             call
             yet
             for
             a
             reformation
             of
             the
             Head.
             Besides
             what
             wee
             have
             elsewhere
             spoken
             of
             the
             Councell
             of
             Basil
             ,
             we
             will
             here
             set
             down
             the
             testimony
             of
             
               Gregory
               Haymbourg
            
             a
             German
             Lawyer
             ,
             who
             lived
             at
             that
             time
             .
             
             
               The
               Councel
               of
            
             Basil
             
               endeavouring
               to
               abolish
               and
               reforme
               that
               ,
               and
               desiring
               to
               reduce
               the
               present
               Vicar
               of
               Christ
               to
               some
               forme
               which
               come
               neer
               the
               life
               of
               Christ
               ,
               hath
               bin
               letted
               hither
               towards
               ;
               forin
               the
               prosecution
               of
               that
               reformation
               which
               w●●
               begun
               ,
               so
               soon
               as
               it
               touched
               upon
               the
               Court
               of
            
             Rome
             ,
             
               there
               was
               such
               a
               storm
               raised
               against
               it
               ,
               that
               the
               ship
               of
            
             Peter
             
               seems
               buried
               in
               the
               waves
               ,
               where
               it
               swims
               ,
               being
               it
               cannot
               sink
               .
            
          
           
             22
             
               Nicholas
               Cusan
            
             Cardinall
             of
             St.
             
               Peter
               ad
               vincula
            
             ,
             who
             writ
             not
             long
             after
             the
             Councell
             of
             Basil
             ,
             in
             his
             bookes
             
               De
               Concordia
               Catholica
            
             ,
             saith
             ,
             
               The
               power
               of
               the
               Bishop
               of
            
             Rome
             
               ought
               to
               be
               handled
               in
               the
               first
               place
               ,
            
             
             because
             (
             
               as
               Gregory
            
             saith
             )
             
               in
               a
               Councell
               where
               they
               medle
               with
               reformation
               ,
               they
               must
               begin
               at
               the
               head
               .
            
             And
             afterwards
             he
             saith
             ,
             
               That
               when
               the
               head
               is
               sicke
               all
               the
               members
               are
               sensible
               of
               it
               ,
               and
               that
               the
               health
               of
               inferiours
               depends
               upon
               the
               soundnesse
               of
               those
               that
               are
               set
               over
               them
               ;
               and
               that
               there
               cannot
               bee
               a
               greater
               enormity
               than
               when
               hee
               who
               thinkes
               every
               thing
               lawfull
               for
               him
               in
               regard
               of
               his
               uncontrouled
               power
               ,
               invades
               the
               right
               of
               those
               that
               are
               under
               him
               .
            
          
           
             23
             
               Iames
               de
               Paradise
            
             ,
             of
             Chartres
             ,
             who
             writ
             also
             a
             little
             after
             the
             Councell
             of
             Basil
             ,
             in
             his
             booke
             
               De
               septem
               statibus
               Ecclesiae
            
             ,
             saith
             :
             
               Seeing
               then
               wee
               hold
               it
               possible
               to
               proceed
               to
               a
               reformation
               as
               well
               of
               the
               head
               as
               the
               members
               ,
               by
               such
               as
               have
               authority
               and
               presidency
               both
               spirituall
               and
               temporall
               ,
            
             
             
               it
               must
               be
               either
               by
               one
               man
               or
               more
               .
               That
               it
               should
               be
               by
               one
               man
               ,
               is
               against
               all
               reason
               ,
               how
               eminent
               soever
               he
               be
               for
               his
               virtues
               ,
               his
               knowledge
               ,
               his
               worth
               ,
               although
               hee
               bee
               renowned
               for
               his
               miracles
               ,
               nay
               in
               my
               opinion
               not
               by
               the
               Pope
               himselfe
               alone
               .
               For
               there
               are
               so
               many
               Canons
               ,
               Decr●tal●
               ,
               and
               Constitutions
               made
               by
               ●hem
               already
               ,
               as
               are
               good
               for
               nought
               but
               filling
               up
               parchment
               to
               no
               purpose
               ,
               without
               working
               any
               reformation
               .
               Besides
               ,
               seeing
               it
               is
               evident
               ,
               ●ay
               palpable
               ,
               that
               hi●
               owne
               Court
               stands
               in
               great
               need
               of
               reformation
               ,
               a●
               hath
               beene
               well
               knowne
               by
               the
               common
               cries
               of
               the
               last
               Generall
               Counc●●●●
               ;
               which
               Court
               of
               hi●
               if
               hee
               either
               cannot
               or
               will
               
               not
               reforme
               ,
            
             
             
               which
               he
               covers
               under
               his
               wing
               ,
               how
               is
               it
               credible
               that
               he
               should
               ●eforme
               the
               Church
               which
               is
               of
               so
               large
               an
               extent
               ?
               Besides
               ,
               it
               may
               be
               objected
               to
               him●
               Apply
               the
               salve
               to
               your
               owne
               sores
               first
               as
               being
               the
               head
               ;
               for
               when
               that
               is
               cured
               ,
               you
               may
               with
               lesse
               difficulty
               cure
               the
               members
               ;
               wherefore
               Physitian
               heale
               thy self
               .
               You
               must
               first
               take
               the
               beam
               out
               of
               your
               owne
               eye
               ,
               and
               then
               you
               may
               take
               the
               mo●e
               out
               of
               your
               brothers
               eye
               ,
               else
               you
               will
               do
               no
               good
               by
               an
               inverted
               order
               .
               Vnsavory
               salt
               is
               not
               good
               for
               seasoning
               .
               Wherefore
               by
               the
               just
               judgement
               of
               God
               his
               decrees
               are
               scarce
               well
               received
               yet
               ,
               nor
               ever
               will
               be
               till
               he
               have
               reformed
               himselfe
               and
               his
               dependants
               .
               And
               in
               good
               deed
               I
               thinke
               the
               chi●fe
               cause
               of
               the
               deformation
               of
               the
               Church
               is
               the
               wound
               in
               the
               Head
               ,
               which
               hath
               need
               to
               be
               cured
               first
               and
               formost
               .
            
          
           
             24
             And
             anon
             after
             ,
             
               Wherefore
               it
               seemeth
               to
               me
               an
               incredible
               thing
               that
               the
               Catholique
               Church
               should
               be
               reformed
               ,
               unlesse
               first
               the
               Court
               of
            
             Rome
             
               be
               so
               ;
               but
               as
               the
               world
               goes
               now
               ,
               we
               may
               see
               how
               hard
               a
               thing
               that
               is
               .
            
             And
             anon
             after
             .
             
               Those
               which
               have
               the
               presidency
               in
               Councels
               on
               the
               Popes
               behalfe
               ,
               when
               they
               see
               that
               matters
               in
               the
               Councell
               make
               against
               their
               maisters
               and
               them
               ,
               what
               can
               be
               expected
               from
               them
               ,
               but
               that
               they
               will
               withstand
               the
               decrees
               of
               such
               Councels
               with
               might
               and
               maine
               ,
               either
               by
               dissolving
               them
               ,
               or
               sowing
               dissentions
               in
               them
               ,
               and
               so
               the
               thing
               shall
               remaine
               unperfected
               ,
               and
               we
               be
               driven
               to
               r●turne
               to
               the
               old
               wildernesse
               of
               errour
               and
               ignorance
               ?
               Every
               body
               knowes
               this
               to
               be
               most
               true
               ,
               unlesse
               it
               be
               some
               one
               haply
               who
               is
               not
               experienced
               in
               times
               past
               .
               The
               tragedy
               which
               was
               acted
               in
               our
               age
               at
               the
               Councell
               of
            
             Basil
             
               doth
               sufficiently
               prove
               it
               ,
               as
               they
               knew
               well
               who
               have
               laid
               downe
               the
               story
               before
               our
               eyes
               .
            
          
           
             25
             
               Felix
               Hemmertin
            
             who
             lived
             at
             the
             same
             time
             ,
             a
             great
             zelot
             of
             the
             Popes
             ,
             so
             farre
             that
             he
             railes
             upon
             the
             Councels
             of
             Constance
             and
             Basil
             ;
             yet
             hee
             thus
             speakes
             of
             them
             .
             
             
               I
               protest
               I
               will
               open
               my
               mouth
               to
               speake
               in
               parables
               ,
               and
               will
               at
               first
               set
               downe
               such
               propositions
               as
               are
               things
               which
               we
               have
               seene
               and
               knowne
               ,
               and
               which
               our
               forefathers
               have
               declared
               unto
               us
               ,
               and
               which
               have
               not
               beene
               concealed
               by
               their
               children
               in
               another
               generation
               .
               Truly
               by
               reading●
               turning
               ,
               searching
               ,
               perusing
               ,
               and
               examining
               all
               the
               histories
               ,
               and
               all
               those
               that
               have
               beene
               versed
               in
               them
               ,
               we
               finde
               that
               since
               the
               time
               of
               the
               Prince
               of
               the
               Apostles
               ,
               through
               all
               his
               successours
               one
               after
               another
               ,
               following
               herein
               those
               that
               have
               writ
               exactly
               of
               the
               acts
               and
               affaires
               of
               the
               Bishops
               of
            
             Rome
             
               untill
               this
               present
               ,
               we
               never
               saw
               ,
               heard
               ,
               nor
               understood
               that
               greater
               and
               more
               notorious
               excesses
               were
               committed
               in
               point
               of
               avarice
               ,
               ambition
               ,
               oppression
               ,
               cheating
               ,
               cozening
               ,
               naughtinesse
               ,
               cruelty
               and
               severity
               by
               way
               of
               state●
               and
               under
               colour
               of
               mildnesse
               ,
               than
               is
               now
               adayes
               committed
               by
               great
               and
               small
               that
               have
               any
               command
               in
               the
               house
               and
               Court
               of
            
             Rome
             .
          
           
             26
             
               Iames
               Piccolominy
            
             Cardinall
             of
             Papia
             ,
             who
             lived
             in
             the
             time
             of
             Pius
             the
             second
             ,
             hath
             inserted
             amongst
             his
             epistles
             a
             letter
             which
             a
             friend
             of
             his
             writ
             to
             him
             from
             Rome
             in
             this
             manner
             .
             
             
               Would
               you
               know
               what
               is
               done
               in
               the
               City
               ?
               nothing
               but
               as
               it
               used
               to
               be
               ,
               nothing
               but
               coursing
               ,
               canvassing
               ,
               and
               plotting
               ;
               the
               saying
               of
               the
               Philosopher
               is
               verified
               ,
               the
               Court
               is
               a
               place
               ordained
               for
               deceiving
               and
               being
               deceived
               mutually
               ;
               the
               Counsell
               seldome
               sits
               ;
               the
               Pope
               is
               mightily
               troubled
               with
               cares
               ,
            
             that
             is
             ,
             with
             the
             care
             of
             that
             warre
             which
             he
             had
             voluntarily
             undertaken
             ,
             as
             the
             same
             Epistle
             tels
             us
             ,
             
               lest
               any
               should
               thinke
               that
               it
               was
               the
               zeale
               of
               thy
               house
               hath
               eaten
               me
               up
               .
            
          
           
             27
             In
             the
             dialogue
             intitled
             
               Aureum
               speculum
               Papae
            
             ,
             made
             about
             two
             hundred
             yeeres
             agoe
             ,
             wee
             finde
             this
             exclamation
             .
             
               Good
               God
               ,
               with
               what
               danger
               i●
               the
               ship
               of
               St.
            
             Peter
             
               tossed
               !
               the
               preaching
               of
            
             Paul
             
               is
               despised
               ;
               the
               doctrine
               of
               our
               Saviour
               neglected
               ;
               and
               in
               the
               Court
               of
               the
               Church
               of
            
             Rome
             (
             
               which
               is
               the
               head
               of
               all
               other
               Churches
            
             )
             
               there
               is
               no
               soundnesse
               from
               the
               sole
               of
               the
               foot
               to
               the
               crowne
               of
               the
               head
               .
               Theodorick
            
             of
             Nihem
             who
             was
             the
             Popes
             Secretary
             ,
             
             said
             as
             much
             in
             the
             end
             of
             his
             second
             booke
             of
             schisme
             ,
             which
             he
             writ
             in
             the
             yeere
             1410.
             
             
               In
               effect
               there
               is
               no
               soundnesse
               in
               the
               Catholique
               Church
               even
               from
               the
               head
               to
               the
               sole
               of
               the
               foot
               .
            
             As
             also
             
               Nichola●
               Cl●mangiu●
            
             in
             his
             booke
             Of
             the
             ruine
             
             and
             reparation
             of
             the
             Church
             .
             
               The
               saying
               of
               the
               Prophet
               is
               true
               ,
               
               from
               the
               sole
               of
               the
               foot
               unto
               the
               crowne
               of
               the
               head
               there
               is
               no
               soundnesse
               in
               it
               .
            
          
           
             28
             
               Baptista
               Mantuan
            
             a
             great
             Devine
             in
             his
             time
             ,
             
             a
             Frier
             of
             the
             order
             of
             St.
             
               Mary
               of
               Mount
               Carmel
            
             ,
             an
             Italian
             borne
             ,
             who
             lived
             about
             1490.
             hath
             spoken
             much
             of
             this
             subject
             :
             Espensaeus
             the
             Devine
             hath
             stuffed
             ten
             or
             eleven
             pages
             with
             his
             verses
             ,
             which
             talke
             of
             nothing
             more
             than
             the
             vices
             ,
             abuses
             ,
             and
             abominations
             of
             the
             Popes
             and
             their
             Court
             of
             Rome
             .
             I
             will
             forbeare
             to
             recite
             them
             ,
             contenting
             my selfe
             to
             referre
             the
             curious
             reader
             either
             to
             the
             author
             himselfe
             ,
             or
             to
             him
             that
             there
             quotes
             them
             .
          
           
             29
             Mr.
             
               Iohn
               le
               Maire
            
             one
             of
             our
             French
             Historians
             ,
             who
             writ
             his
             booke
             of
             Schisme
             about
             the
             yeere
             1500
             ,
             gives
             us
             to
             understand
             that
             they
             were
             about
             this
             reformation
             in
             his
             time
             ,
             without
             which
             the
             former
             Councels
             were
             to
             no
             purpose
             ,
             shewing
             withall
             how
             necessary
             a
             thing
             it
             is
             .
             
               Every
               good
               Christian
               (
               saith
               hee
               )
               ought
               to
               pray
               God
               that
               the
               two
               last
               Councels
               of
               the
               Gallicane
               Church
               may
               engender
               one
               great
               universall
               and
               generall
               Councell
               of
               all
               the
               Latine
               Church
               ,
               to
               reforme
               that
               Church
               as
               well
               in
               the
               head
               as
               the
               members
               ,
               so
               as
               those
               Generall
               Councels
               use
               to
               doe
               .
               And
               that
               if
               it
               be
               not
               kept
               at
               Lions
               it
               may
               be
               kept
               in
               some
               other
               place
               most
               expedient
               and
               necessary
               for
               the
               publique
               good
               :
               which
               may
               bee
               very
               well
               done
               at
               this
               present
               ,
               considering
               the
               great
               peace
               ,
               amity
               and
               union
               which
               is
               betwixt
               the
               two
               greatest
               Potentates
               in
               Christendome
               ,
               the
               Emperour
               and
               the
               King
               ,
               together
               with
               their
               third
               confederate
               in
               the
               league
               ,
               the
               Catholique
               King
               Ferdinand
               of
               Arragon
               ,
               who
               ought
               altogether
               to
               be
               inclined
               to
               reforme
               the
               abuses
               of
               the
               Church
               of
               Rome
               :
               which
               reformation
               must
               of
               necessity
               be
               made
               .
            
          
           
             30
             The
             second
             Councell
             of
             Pisa
             was
             holden
             in
             the
             yeer
             ,
             1512
             ,
             where
             they
             consulted
             about
             many
             good
             rules
             against
             the
             Pope
             :
             But
             Iulius
             the
             second
             plaid
             them
             a
             trick●
             calling
             the
             Councell
             of
             Lateran
             ,
             which
             made
             that
             of
             Pisa
             to
             cease
             ,
             and
             dis●nulled
             all
             the
             decrees
             thereof
             ;
             so
             that
             we
             are
             yet
             complaining
             against
             the
             Court
             of
             Rome
             .
             Now
             that
             it
             was
             necessary
             at
             that
             time
             to
             proceed
             to
             the
             reformation
             of
             the
             Head
             ,
             we
             perceive
             well
             enough
             by
             the
             testimony
             of
             Mantuan
             and
             
               Iohn
               le
               Maire
            
             :
             as
             also
             it
             is
             evident
             from
             the
             Acts
             of
             that
             Councell
             of
             Pisa
             ,
             as
             we
             have
             said
             in
             the
             fourth
             Chapter
             of
             the
             first
             book
             .
             This
             very
             necessity
             continued
             till
             the
             Councell
             of
             Trent
             ;
             so
             much
             we
             learned
             from
             Pope
             Adrian
             the
             sixth
             ,
             and
             the
             relation
             of
             the
             delegates
             of
             Paul
             the
             third
             for
             matter
             of
             reformation
             :
             As
             also
             it
             is
             confirmed
             by
             Langius
             a
             German
             Monke
             in
             the
             Chronicle
             which
             he
             writ
             in
             the
             yeere
             1520.
             
             For
             see
             here
             the
             description
             of
             a
             few
             abuses
             of
             Rome
             under
             Leo
             the
             tenth
             .
             
             
               The
               desire
               of
               money
               makes
               all
               things
               saleable
               at
            
             Rome
             ;
             
               Simony
               is
               tolerated
               for
               gold
               ;
               pluralities
               of
               prebends
               are
               granted
               in
               great
               number
               ;
               all
               benefices
               and
               dignities
               of
               what
               condition
               soever
               are
               reserved
               for
               the
               Cardinals
               ,
               Protonotaries
               ,
               and
               Popes
               minions
               ;
               graces
               and
               resignations
               are
               granted
               without
               any
               stint
               ;
               annates
               ,
               or
               halfe
               of
               fruits
               are
               exacted
               without
               delay
               :
               yea
               ,
               not
               only
               those
               annates
               that
               were
               granted
               by
               Princes
               for
               three
               yeers
               in
               the
               time
               of
               Pope
            
             Calixt
             
               the
               third
               are
               yet
               in
               force
               ,
               but
               are
               enhansed
               dayly
               ;
               pressing
               and
               oppressing
               more
               grieuously
               than
               ●ver
               .
               And
               if
               the
               Princes
               doe
               not
               take
               an
               order
               with
               it
               ,
               all
               the
               gold
               and
               silver
               raked
               and
               squeazed
               out
               of
            
             Germany
             ,
             
               will
               be
               carried
               to
            
             Rome
             
               at
               time
               and
               time
               ,
               as
               into
               an
               holed
               sacke
               and
               an
               insatiat
               gulfe
               :
               the
               dismembring
               of
               monasteries
               ,
               and
               chopping
               of
               Churches
               are
               allowed
               against
               all
               right
               and
               reason
               :
               the
               government
               and
               administration
               of
               Churches
               are
               not
               bestowed
               on
               those
               that
               deserve
               best●
               but
               those
               that
               bid
               most
               :
               the
               elections
               made
               by
               Bishops
               are
               commonly
               rejected
               ,
               and
               devolved
               to
               them
               of
            
             Rome
             :
             
               great
               store
               of
               money
               is
               exacted
               and
               extorted
               for
               the
               purchase
               of
               Bishops
               pals
               ,
               to
               the
               detriment
               of
               the
               Churches
               .
            
             At
             last
             he
             makes
             this
             Epilogue
             .
             
               By
               reason
               of
               the
               foresaid
               grievances
               .
               and
               such
               like
               as
               proceed
               from
               the
               Court
               of
            
             Rome
             ,
             
               there
               growes
               nothing
               but
               ruines
               ,
               destructions
               and
               miseries
               over
               all
               Christ●ndome
               .
            
             Conclude
             
             wee
             then
             ,
             
             that
             there
             was
             good
             reason
             why
             the
             Emperour
             ,
             the
             King
             of
             France
             ,
             and
             the
             States
             of
             Germany
             demanded
             this
             reformation
             of
             the
             Head
             and
             Court
             of
             Rome
             ,
             and
             no
             reason
             why
             it
             was
             denyed
             .
             This
             is
             not
             all
             ;
             wee
             must
             now
             see
             in
             particular
             where
             in
             this
             reformation
             con●ists
             ,
             at
             least
             for
             the
             maine
             heads
             of
             it
             ,
             and
             shew
             in
             particular
             the
             abuses
             that
             are
             to
             bee
             corrected
             ,
             and
             the
             plaints
             that
             were
             put
             up
             against
             them
             .
          
        
         
           
             CHAP.
             III.
             Of
             the
             Popes
             too
             great
             care
             about
             temporall
             meanes
             ,
             and
             of
             their
             greedinesse
             in
             getting
             them
             .
          
           
             1
             THe
             first
             thing
             that
             ought
             to
             bee
             reformed
             in
             the
             Church
             of
             Rome
             ,
             is
             the
             over-great
             care
             which
             the
             Popes
             take
             of
             temporall
             things
             now-adayes
             ;
             and
             the
             trick
             they
             have
             got
             of
             raking
             up
             goods
             ,
             revenues
             ,
             and
             riches
             together
             ;
             of
             setting
             their
             hearts
             wholly
             upon
             them
             with
             an
             ardent
             and
             inordinate
             desire
             ;
             yea
             ,
             so
             far
             as
             they
             forget
             spiritual
             matters
             and
             set
             light
             by
             them
             .
             
               AEneas
               Sylvius
            
             ,
             
             who
             was
             afterwards
             Pope
             Pius
             the
             second
             ,
             makes
             the
             president
             of
             the
             Councell
             of
             Basil
             speake
             in
             this
             manner
             .
             
               This
               decree
               was
               necessary
               to
               divert
               the
               minds
               of
               the
               Popes
               a
               little
               from
               the
               care
               of
               temporall
               things
               ,
               seeing
               they
               never
               thought
               of
               spirituall
               .
            
             He
             speaks
             of
             that
             decree
             whereby
             the
             Popes
             power
             was
             abated
             ,
             and
             made
             subject
             to
             the
             power
             of
             a
             Councell
             .
             But
             they
             knew
             well
             enough
             how
             to
             take
             order
             with
             it
             afterwards
             ,
             by
             meanes
             of
             the
             Councels
             of
             Lateran
             and
             Trent
             ,
             who
             have
             given
             them
             the
             upper
             hand
             ,
             and
             shamefully
             sold
             the
             liberty
             of
             the
             Church
             .
          
           
             2
             Cardinal
             Cusan
             speaks
             of
             this
             matter
             more
             at
             large
             :
             
               The
               Pope
               (
               saith
               he
               )
               hath
               hooked
               unto
               himself
               so
               much
               money
               by
               investitures
               ,
               
               that
               they
               complaine
               generally
               in
               Germany
               ,
               not
               that
               they
               are
               over-charged
               ,
               but
               that
               they
               are
               quite
               broke
               and
               utterly
               undone
               :
               there
               is
               a
               raging
               appetite
               after
               the
               temporall
               meanes
               annexed
               to
               Churches
               ,
               which
               possesseth
               the
               hearts
               of
               our
               ambitious
               Bishops
               now
               adayes
               ;
               so
               as
               wee
               see
               them
               commit
               that
               openly
               after
               their
               promotion
               ,
               which
               they
               laboured
               for
               underhand
               before
               .
               All
               the
               care
               is
               of
               the
               temporall
               ,
               none
               of
               the
               spirituall
               .
               That
               was
               not
               the
               meaning
               of
               the
               Emperours
               ;
               they
               never
               intended
               that
               the
               spirituals
               should
               bee
               swallowed
               up
               by
               the
               temporals
               ,
               which
               were
               bestowed
               on
               Churches
               for
               their
               augmentation
               .
            
             And
             presently
             after
             ;
             
               The
               Court
               ingrosseth
               unto
               it selfe
               all
               the
               best
               and
               the
               fattest
               ;
               and
               that
               which
               the
               Empire
               hath
               set
               apart
               and
               ordained
               onely
               for
               the
               service
               of
               God
               and
               the
               publique
               good
               ,
               by
               pretended
               reasons
               and
               new
               inventions
               is
               diverted
               another
               way
               ,
               since
               lust
               and
               avarice
               have
               so
               seized
               upon
               it
               ,
               that
               what
               was
               Imperiall
               is
               now
               made
               Papall
               ,
               and
               the
               spiritual
               temporall
               .
            
          
           
             
             3
             Theodorie
             of
             Nihem
             ,
             in
             his
             third
             booke
             
               De
               Schismate
            
             ;
             speaking
             of
             the
             large
             revenues
             which
             the
             Emperours
             had
             bestowed
             upon
             the
             Popes
             ,
             saith
             ,
             
               What
               comes
               there
               of
               all
               this
               pompe
               ,
               of
               so
               much
               temporall
               meanes
               ,
               wherein
               the
               Church
               of
            
             Rome
             
               prides
               her selfe
               in
               these
               times
               ,
               but
               a
               neglect
               of
               spirituall
               matters
               ,
               a
               setting
               up
               of
               tyrants
               over
               them
               ,
               a
               many
               divisions
               and
               schismes
               in
               that
               Church
               ,
               and
               many
               other
               malladies
               ?
               This
               is
               well
               enough
               knowne
               .
            
          
           
             4
             Mr.
             
               Iohn
               Gerson
            
             in
             his
             book
             
               De
               Ecclesiastica
               Potestate
            
             ,
             after
             he
             hath
             spoken
             
             of
             divers
             abuses
             of
             the
             Popes
             ,
             he
             addes
             ,
             
             
               What
               shall
               we
               thinke
               is
               to
               bee
               said
               of
               an
               infinite
               number
               of
               such
               like
               things
               that
               are
               done
               ,
               casting
               aside
               all
               care
               and
               regard
               of
               all
               spirituall
               and
               divine
               matters
               which
               concerne
               the
               Christian
               faith
               and
               religion
               ?
            
          
           
             5
             It
             is
             a
             wonder
             to
             thinke
             whither
             the
             ardent
             desire
             of
             getting
             hath
             transported
             them
             :
             They
             have
             not
             spared
             Gods
             service
             ,
             and
             all
             that
             depends
             upon
             it
             to
             attaine
             their
             ends
             ,
             to
             become
             rich
             ,
             and
             make
             themselves
             great
             Lords
             :
             They
             have
             spared
             neither
             Croisada's
             ,
             excommunications
             ,
             nor
             any
             thing
             that
             is
             most
             holy
             and
             sacred
             ,
             which
             they
             have
             not
             made
             stales
             to
             their
             avarice
             ,
             luxurie
             ,
             and
             ambition
             ,
             not
             without
             treason
             against
             the
             Divine
             Majesty
             .
             We
             speak
             too
             much
             hereof
             of
             our selves
             ,
             although
             we
             doe
             not
             say
             all
             :
             let
             us
             give
             place
             to
             our
             witnesses
             to
             speake
             ,
             who
             wee
             desire
             may
             beleeved
             ,
             and
             not
             our
             bare
             word
             .
             In
             the
             first
             place
             let
             us
             produce
             those
             that
             testifie
             the
             setting
             to
             sale
             of
             spirituall
             and
             holy
             things
             ,
             which
             is
             practised
             at
             Rome
             .
             We
             will
             marshall
             the
             Popes
             owne
             domestiques
             in
             the
             front
             .
             
             See
             what
             is
             said
             to
             this
             purpose
             in
             an
             addition
             to
             the
             Canon
             Law
             ,
             taken
             out
             of
             
               Iohannes
               Andraeas
            
             ,
             and
             inserted
             in
             the
             glosse
             .
             
               The
               same
            
             Iohn
             
               the
               Monk
               said
               ,
               that
            
             Rome
             
               being
               founded
               by
               robbers
               ,
               doth
               yet
               retaine
               her
               first
               originall
               ,
               being
               called
            
             Roma
             quasi
             rodens
             manûs
             ,
             
               because
               she
               corrodes
               the
               hands
            
             ;
             and
             he
             added
             that
             verse
             ,
             
               
                 
                   Roma
                   ,
                   manus
                   rodit
                   ,
                
                 
                   Quos
                   rodere
                   non
                   valet
                   odit
                   .
                
              
               
                 
                   The
                   hands
                   Rome
                   grates
                   ,
                
                 
                   Or
                   if
                   not
                   so
                   ,
                   she
                   hates
                   .
                
              
            
             The
             elegance
             of
             the
             French
             complies
             with
             the
             Latine
             .
             
             
               Iames
               Fontanus
            
             puts
             this
             other
             in
             the
             margent
             borrowed
             from
             the
             glossator
             of
             the
             Civill
             Law
             ,
             
               
                 Rome
                 is
                 the
                 fountaine
                 head
                 of
                 avarice
                 ,
              
               
                 And
                 therefore
                 all
                 things
                 there
                 are
                 at
                 a
                 price
                 .
              
            
             Gregory
             the
             thirteenth
             hath
             expunged
             all
             these
             additions
             in
             his
             new
             purgation
             of
             the
             Canon
             Law.
             It
             were
             fitting
             that
             covetousnesse
             were
             blotted
             out
             of
             their
             hearts
             ,
             not
             their
             books
             .
             Avery
             of
             Rosate
             ,
             an
             ancient
             commentatour
             of
             the
             Law
             ,
             
             mentions
             the
             forecited
             verse
             ,
             and
             puts
             this
             other
             to
             it
             ,
             
               
                 
                   Dante
                   's
                   custodit
                   ,
                
                 
                   Non
                   dantes
                   spernit
                   &
                   odit
                   .
                
              
               
                 
                   The
                   givers
                   it
                   protects
                   ,
                
                 
                   The
                   rest
                   hates
                   and
                   neglects
                   .
                
              
            
          
           
             5
             
               AEnaeas
               Sylvius
            
             before
             he
             was
             Pope
             ,
             writ
             to
             a
             brother
             to
             his
             ,
             
             
               There
               is
               not
               any
               thing
               which
               the
               Court
               of
            
             Rome
             
               bestowes
               without
               money
               ;
               even
               the
               imposition
               of
               hands
               ,
               and
               the
               gifts
               of
               the
               Holy
               Ghost
               are
               set
               to
               sale
               there
               ;
               no
               remission
               of
               sins
               but
               to
               such
               as
               have
               money
               .
            
             Pope
             Honorius
             the
             third
             ,
             in
             his
             letters
             to
             the
             Clergy
             of
             England
             ,
             
             doth
             freely
             confesse
             the
             villanie
             of
             his
             Court
             ,
             but
             to
             a
             pretty
             purpose
             I
             trow
             ;
             mark
             what
             the
             English
             Monks
             say
             of
             it
             ,
             
               And
               though
               the
               Popes
               Nuncio
               did
               publiquely
               rehearse
               before
               them
               all
               the
               letters
               wherein
               the
               same
               Pope
               did
               alledge
               the
               scandall
               and
               old
               reproach
               of
               the
               holy
               Church
               of
               Rome
               ;
               to
               wit
               ,
               the
               imputation
               of
               covetousnesse
               ,
               which
               is
               the
               root
               of
               all
               evill
               .
               And
               mainely
               in
               this
               ,
               that
               no
               man
               could
               dispatch
               any
               businesse
               at
               Rome
               ,
               without
               chaffering
               and
               disbursing
               large
               summes
               of
               money
               ,
               and
               giving
               of
               
               bribes
               .
               
               But
               in
               as
               much
               as
               the
               poverty
               of
               Rome
               (
               said
               he
               )
               is
               the
               ground
               of
               this
               scandal
               and
               infamy
               ,
               the
               naturall
               children
               ought
               to
               relieve
               the
               poverty
               of
               their
               mother
               .
               Wherefore
               (
               said
               he
               )
               for
               the
               utter
               rooting
               out
               of
               this
               scandall
               ,
               we
               require
               that
               two
               prebends
               be
               allowed
               us
               out
               of
               all
               Churches
               and
               Abbeys
               ,
               and
               the
               meanes
               of
               one
               Monke
               out
               of
               every
               Covent
               .
            
             But
             the
             English
             perceiving
             the
             fallacie
             to
             be
             too
             grosse
             ,
             made
             a
             mocke
             of
             that
             demand
             .
          
           
             
             7
             Wee
             must
             here
             relate
             a
             dream
             which
             a
             certaine
             Bishop
             had
             of
             the
             Election
             of
             Benedict
             the
             12
             ,
             and
             what
             he
             said
             unto
             him
             .
             He
             dreamed
             that
             some
             body
             appeared
             to
             him
             upon
             the
             night
             ,
             and
             said
             ,
             
               Thou
               seekest
               the
               Pope
               ;
               Hee
               is
               not
               .
            
             And
             returning
             againe
             a
             little
             after
             said
             ,
             
               Wouldst
               thou
               see
               the
               Pope
               ?
               This
               is
               he
            
             ;
             shewing
             him
             a
             big
             man
             whom
             he
             knew
             not
             ;
             but
             being
             arrived
             at
             Avignon
             ,
             where
             the
             See
             then
             was
             ,
             just
             upon
             the
             poynt
             when
             they
             were
             going
             to
             the
             election
             of
             a
             Pope
             after
             the
             death
             of
             Iohn
             the
             22.
             
             Having
             found
             that
             Cardinal
             Blank
             was
             the
             man
             which
             was
             shewed
             unto
             him
             ,
             he
             sought
             him
             out
             ,
             saying
             unto
             him
             ,
             
               Father
               ,
               you
               shall
               be
               Pope
            
             :
             And
             having
             rehearsed
             his
             dreame
             unto
             him
             ,
             he
             added
             ,
             
               He
               that
               shewed
               me
               your
               visage
               ,
               carried
               me
               into
               a
               most
               filthy
               stable
               ,
               full
               of
               dirt
               and
               dung
               ,
               where
               I
               saw
               a
               coffer
               of
               most
               white
               marble
               quite
               empty
               ;
               you
               are
               that
               coffer
               ,
               which
               you
               must
               fill
               with
               virtue
               in
               executing
               this
               charge
               .
               O
               you
               shepheard
               and
               stable-groome
               ,
               clense
               the
               Court
               and
               See
               Apostolique
               ,
               which
               is
               now
               nought
               else
               but
               a
               filthy
               nasty
               stable
               of
               villany
               ,
               covetousnesse
               ,
               and
               Simony
               .
            
          
           
             
             8
             One
             of
             our
             Law-commentators
             saith
             ,
             
               The
               Emperor
               like
               the
               Eagle
               leaves
               his
               prey
               ,
               &
               does
               not
               as
               one
               insatiable●
               set
               his
               teeth
               to
               every
               kind
               of
               meat
               :
               but
               it
               is
               otherwise
               with
               the
               pope
               ,
               who
               like
               the
               universe
               cōtains
               all
               things
               .
            
             An
             officer
             of
             the
             court
             of
             Rome
             ,
             after
             he
             hath
             spoken
             of
             severall
             taxes
             of
             the
             Chancery
             ,
             saith
             ,
             
               By
               these
               upstart
               and
               unusuall
               exactions
               ,
               is
               verified
               the
               saying
               of
            
             Alphonsus
             
               King
               ●f
            
             Arragon
             
               recorded
               by
            
             Antonius
             Panormitanus
             
               in
               his
               book
               of
               the
               Apothegms
               of
            
             Alphonsus
             ;
             
               to
               wit
               ,
               that
               the
               Harpies
               doe
               not
               live
               now
               in
               the
               Iles
               ,
               but
               have
               shifted
               their
               habitation
               and
               reside
               in
               the
               Court
               of
            
             Rome
             .
             So
             true
             they
             found
             it
             ,
             that
             one
             of
             our
             greatest
             Canonists
             cites
             the
             very
             same
             .
             Another
             Canonist
             geeringly
             sayes
             ,
             
               The
               Pope
               is
               very
               liberall
               that
               takes
               a
               great
               deal
               of
               gold
               for
               a
               little
               peece
               of
               lead
               .
            
             But
             he
             hit
             it
             more
             fitly
             that
             said
             ,
             
               The
               Pope
               in
               this
               had
               found
               out
               the
               Philosophers
               stone
               .
            
             One
             of
             our
             ancient
             practitioners
             makes
             this
             prayer
             ,
             
               That
               some
               good
               Emperour
               would
               stand
               up
               against
               those
               that
               destroyed
               the
               world
               anciently
               by
               their
               devotion
               ,
               but
               now
               by
               their
               covetousnesse
               and
               rapine
               ;
               who
               have
               ruined
               the
               state
               of
               the
               Empire
               ,
               and
               all
               Lay
               men
               .
            
             And
             in
             another
             passage
             ,
             speaking
             of
             charges
             ,
             
             
               The
               Pope
            
             (
             saith
             hee
             )
             
               hath
               reserved
               them
               both
               in
               this
               case
               ,
               and
               many
               of
               this
               nature
               ,
               to
               fill
               his
               owne
               purse
               ,
               and
               his
               insatiat
               Court.
            
             And
             againe
             he
             saith
             ,
             
               That
               the
               ground
               of
               all
               avarice
               and
               ambition
               is
               in
               the
               Court
               of
               Rome
               ,
               and
               that
               the
               Romanists
               doe
               many
               things
               against
               God
               and
               his
               laws
               ,
               to
               their
               eternall
               disgrace
               ,
               and
               everlasting
               losse
               of
               their
               souls
               .
            
          
           
             
             9
             An
             English
             Monke
             saith
             ,
             that
             in
             the
             yeere
             1181.
             under
             Alexander
             the
             3.
             
             
               Prester
               Iohn
            
             King
             of
             the
             Indies
             (
             for
             so
             he
             calls
             him
             )
             was
             aminded
             to
             serve
             the
             Church
             of
             Rome
             ;
             
               Of
               which
               great
               designe
               there
               had
               beene
               a
               happy
               issue
               ,
               if
               the
               same
               ,
               or
               rather
               the
               infamy
               of
               the
               Romane
               avarice
               had
               not
               defiled
               the
               whole
               world
               through
               all
               parts
               of
               the
               earth
               ,
               which
               made
               his
               devotion
               to
               grow
               somewhat
               cold
               .
               
            
             
               Theodoric
               Vric
            
             a
             Devine
             of
             the
             order
             of
             the
             Austin
             Monks
             ,
             in
             his
             first
             booke
             
               De
               consolatione
               Ecclesiae
            
             ,
             which
             hee
             dedicated
             to
             the
             Emperour
             Sigismond
             ,
             affords
             us
             also
             this
             testimony
             .
             
               
                 
                   Papa
                   stupor
                   mundi
                   cecidit
                   :
                   secúmque
                   ruêre
                
                 
                   Calica
                   templa
                   Dei
                   ,
                   membra
                   simúlque
                   caput
                   .
                
                 
                   Papa
                   dolor
                   ,
                   mundique
                   pudor
                   ,
                   per
                   crebra
                   patescit
                
                 
                   Crimina
                   seu
                   scelera
                   famine
                   sonifero
                   .
                
                 
                   Heu
                   ,
                   Simon
                   regnat
                   !
                   per
                   munera
                   quaeque
                   reguntur
                   ;
                
                 
                 
                   Iudiciumque
                   pium
                   gaza
                   nefanda
                   ●etat
                   .
                   
                
                 
                   Curia
                   Papalis
                   fovet
                   omnia
                   scandala
                   mundi
                   ,
                
                 
                   Delubra
                   sacra
                   facit
                   perfiditate
                   forum
                   .
                
                 
                   Ordo
                   sacer
                   ,
                   baptisma
                   sacrum
                   ,
                   cum
                   chrismate
                   sancto
                
                 
                   Venduntur
                   turpi
                   conditione
                   fori
                   .
                
                 
                   Dives
                   honoratur
                   ,
                   pauper
                   contemnitur
                   ,
                   atque
                
                 
                   Qui
                   dare
                   plura
                   valet
                   munera
                   ,
                   gratus
                   erit
                   .
                
                 
                   Aurea
                   quae
                   quondam
                   fuit
                   ,
                   hi●c
                   argentea
                   ,
                   Papae
                
                 
                   Curia
                   procedit
                   deteriore
                   modo
                   .
                
                 
                   Ferrea
                   dehinc
                   factâ
                   durâ
                   cervice
                   quievit
                
                 
                   Tempore
                   non
                   modico
                   ,
                   sed
                   modò
                   facta
                   i●tum
                   .
                
                 
                   Postque
                   lutum
                   quid
                   deterius
                   soletesse
                   ?
                   recordor
                
                 
                   Stercu●
                   ,
                   &
                   in
                   tali
                   Curia
                   tota
                   s●det
                   .
                
              
               
                 
                   Downe
                   goes
                   the
                   Pope
                   ,
                   the
                   wonderment
                   of
                   all
                   ,
                
                 
                   With
                   him
                   Gods
                   Church
                   ,
                   the
                   head
                   and
                   members
                   fall
                   .
                
                 
                   The
                   Pope
                   ,
                   the
                   worlds
                   both
                   griefe
                   and
                   shame
                   ,
                   is
                   knowne
                
                 
                   By
                   's
                   many
                   crimes
                   ,
                   which
                   now
                   are
                   famous
                   growne
                   .
                
                 
                   Now
                   who
                   but
                   Simon
                   ?
                   bribes
                   are
                   all
                   in
                   all
                   ,
                
                 
                   And
                   wicked
                   pelfe
                   just
                   judgement
                   doth
                   forestall
                   .
                
                 
                   The
                   Popish
                   Court
                   doth
                   foster
                   all
                   disgrace
                   ,
                
                 
                   And
                   turnes
                   the
                   Church
                   into
                   a
                   market
                   place
                   .
                
                 
                   Chrisme
                   ,
                   Orders
                   ,
                   Baptisme
                   (
                   all
                   which
                   holy
                   are
                   )
                
                 
                   Are
                   basely
                   sold
                   as
                   at
                   a
                   pedling
                   faire
                   .
                
                 
                   The
                   rich
                   is
                   honour'd
                   ,
                   and
                   the
                   poore
                   neglected
                   ;
                
                 
                   He
                   that
                   can
                   give
                   most
                   shall
                   be
                   best
                   respected
                   .
                
                 
                   The
                   Court
                   of
                   Rome
                   ,
                   which
                   was
                   of
                   gold
                   before
                
                 
                   Then
                   turn'd
                   to
                   silver
                   ,
                   of
                   a
                   baser
                   ore
                   ;
                
                 
                   Next
                   ,
                   stiffe-neck'd
                   she
                   ,
                   not
                   onely
                   for
                   a
                   flirt
                   ,
                
                 
                   Grew
                   into
                   iron
                   ,
                   now
                   is
                   turn'd
                   to
                   dirt
                   .
                
                 
                   And
                   after
                   dirt
                   what
                   worse
                   ?
                   yet
                   now
                   I
                   thinke
                   on
                   't
                   ,
                
                 
                   What
                   but
                   ?
                   Sir
                   reverence
                   ,
                   all
                   the
                   Court
                   doth
                   —
                   on
                   't
                   .
                
              
            
             [
             All
             this
             which
             the
             authour
             delivers
             in
             a
             hobling
             verse
             ,
             
             
               Du
               Ranchin
            
             translated
             word
             for
             word
             ,
             to
             keepe
             the
             closer
             (
             as
             he
             saith
             )
             to
             the
             sense
             .
             But
             wee
             have
             expressed
             it
             as
             you
             see
             .
             ]
          
           
             10
             Petrarch
             in
             an
             Epistle
             of
             his
             saith
             ,
             
               That
               the
               grim
               porter
               is
               appeased
               with
               gold
               ;
               that
               heaven
               is
               opened
               with
               gold
               ,
               and
               Christ
               himselfe
               sold
               for
               money
               .
            
             
             Learned
             Espensaeus
             complaining
             of
             the
             connivence
             of
             the
             Fathers
             in
             this
             Councell
             ,
             cites
             divers
             verses
             out
             of
             Mantuan
             ,
             wherein
             the
             vices
             of
             the
             Court
             of
             Rome
             are
             represented
             ,
             wherewith
             he
             hath
             filled
             divers
             pages
             ;
             but
             not
             to
             swell
             this
             Treatise
             too
             big
             ,
             I
             shall
             content
             my selfe
             to
             set
             downe
             here
             only
             this
             little
             fragment
             of
             his
             discourse
             .
             
               Whose
               distich
               is
               this
               I
               pray
               you
               ?
            
             (
             saith
             he
             :
             )
             
               
                 Vivere
                 qui
                 cupitis
                 sanctè
                 ,
                 discedite
                 Roma
                 .
              
               
                 Omnia
                 cum
                 liceant
                 non
                 licet
                 esse
                 bonum
                 .
              
               
                 He
                 that
                 would
                 holy
                 be
                 from
                 Rome
                 must
                 ●ye
                 ,
              
               
                 All
                 things
                 are
                 lawfull
                 there
                 but
                 honesty
                 .
              
            
             
               Surely
               it
               is
               not
               onely
               a
               Poets
               ,
               but
               a
               Philosophers
               ,
               yea
               a
               Devines
               ,
               yea
               a
               Monkes
               ,
               and
               that
               an
               Italians
               ,
               namely
            
             Mantuans
             :
             
               the
               very
               same
               is
               urged
               also
               by
            
             Clenard
             
               the
               Devine
               ,
               professor
               of
               Hebrew
               at
            
             Lovaine
             ,
             
             at
             Paris
             ,
             in
             Portugall
             :
             
               yea
               more
               ,
               this
               man
               who
               was
               nothing
               lesse
               that
               a
            
             Lutheran
             ,
             
               hath
               ventured
               to
               expresse
               the
               same
               in
               this
               other
               distich
               .
            
             
               
               
                 
                   
                   Quisquis
                   opes
                   sacras
                   nummo
                   reperire
                   profano
                
                 
                   Quaerit
                   ,
                   ●at
                   Romam
                   ,
                   sacra
                   sunt
                   vaenalia
                   Romae
                   .
                
              
               
                 
                   He
                   that
                   would
                   purchase
                   sacred
                   wealth
                   with
                   gold
                   ,
                
                 
                   Get
                   him
                   to
                   Rome
                   ,
                   there
                   sacred
                   things
                   are
                   sold.
                   
                
              
            
             
               He
               cites
               these
               verses
               also
               out
               of
               the
               same
               Author
               .
            
          
           
             
               
                 —
                 Vaenalia
                 nobis
              
               
                 Templa
                 ,
                 sacerdotes
                 ,
                 altaria
                 ,
                 sacra
                 ,
                 coronae
                 ,
              
               
                 Ignes
                 ,
                 thura
                 ,
                 preces
                 ,
                 coelum
                 est
                 vaenale
                 ,
                 Deusque
                 .
              
            
             
               
                 We
                 sell
                 the
                 temples
                 ,
                 altars
                 ,
                 priests
                 ,
                 and
                 all
                 ,
              
               
                 Incense
                 and
                 fires
                 ,
                 which
                 we
                 most
                 sacred
                 call
                 ,
              
               
                 Crownes
                 ,
                 vowes
                 ,
                 and
                 zealous
                 prayers
                 ,
                 we
                 spare
                 them
                 not
                 ,
              
               
                 Heaven
                 with
                 his
                 lights
                 ,
                 and
                 God
                 himselfe
                 to
                 boot
                 .
              
            
          
           
             The
             same
             Doctour
             addes
             ,
             
             
               O
               that
               our
               holy
               Father
               Pope
            
             Pius
             the
             5.
             
               would
               understand
               thus
               much
               ,
               and
               at
               my
               request
               now
               at
               last
               take
               notice
               of
               it
               .
               I
               know
               not
               whether
               his
               immediate
               predecessour
            
             Sixtus
             
               the
               fourth
               ever
               heard
               of
               it
               ,
               but
               I
               am
               sure
               he
               tooke
               no
               order
               for
               it
               .
            
             All
             this
             was
             spoken
             and
             published
             since
             the
             Councell
             of
             Trent
             ,
             and
             therefore
             so
             much
             the
             more
             remarkable
             .
          
        
         
           
             CHAP.
             IV.
             Of
             the
             meanes
             which
             the
             Popes
             used
             to
             enrich
             themselves
             by
             ,
             and
             first
             of
             Taxes
             .
          
           
             1
             NOw
             they
             served
             themselves
             of
             divers
             meanes
             and
             instruments
             to
             compasse
             these
             riches
             .
             
             Doctor
             Espensaeus
             sets
             downe
             a
             list
             of
             the
             many
             trickes
             and
             devices
             of
             the
             Court
             and
             Chancery
             of
             Rome
             ,
             invented
             meerly
             for
             catching
             of
             mony
             ;
             where
             he
             puts
             in
             among
             the
             rest
             expectative
             graces
             ,
             or
             reversions
             ;
             howbeit
             this
             was
             after
             the
             Councell
             :
             knowing
             very
             well
             that
             the
             reformation
             made
             in
             that
             regard
             did
             not
             binde
             the
             Pope
             .
             
               Now
               (
               saith
               he
               )
               to
               omit
               Annates
               ,
               under
               what
               colour
               or
               pretence
               soever
               they
               be
               demanded
               ,
               which
               were
               condemned
               as
               Simony
               in
               the
               21.
               
               Session
               of
               the
               Councell
               of
               Basil
               ,
               what
               shift
               can
               wee
               use
               to
               excuse
               from
               dishonest
               and
               filthy
               lucre
               those
               things
               which
               they
               call
               graces
               expectative
               ,
               secret
               reservations
               ,
               bestowing
               of
               Benefices
               upon
               the
               first
               commer
               ,
               uniting
               of
               many
               benefices
               to
               one
               Chappell
               ,
               Prebend
               ,
               or
               other
               Benefice
               ;
               mandates
               ,
               preventions
               ,
               propinations
               ,
               small
               or
               ordinary
               services
               ,
               conditionall
               resignations
               ,
               detaining
               of
               all
               the
               revenue
               in
               liew
               of
               pension
               ,
               and
               a
               number
               of
               such
               like
               things
               which
               were
               not
               heard
               of
               for
               a
               long
               time
               in
               the
               Church
               ,
               and
               which
               would
               bee
               strange
               newes
               to
               Peter
               and
               Paul
               ,
               
               if
               they
               should
               come
               into
               the
               world
               againe
               .
               This
               is
               no
               more
               yet
               than
               what
               the
               latter
               of
               them
               foretold
               ,
               that
               they
               should
               buy
               and
               sell
               us
               with
               feigned
               words
               ,
               by
               reason
               of
               their
               covetousnesse
               ,
               such
               and
               so
               excessive
               are
               these
               abuses
               ,
               that
               not
               so
               much
               as
               their
               owne
               glossers
               but
               speake
               against
               them
               .
               For
               the
               Commentator
               upon
               the
               rules
               of
               Innocent
               the
               eighth
               ,
               
               sometimes
               stiles
               the
               Chamber
               Apostolique
               the
               money-mother
               ;
               sometimes
               with
               Iugurtha
               in
               
               Salust
               ,
               he
               confesseth
               that
               all
               things
               are
               saleable
               at
               Rome
               ;
               
               sometimes
               he
               doth
               not
               conceale
               divers
               things
               either
               appointed
               or
               granted
               for
               the
               getting
               in
               of
               money
               by
               hook
               or
               crook
               :
               according
               to
               what
               was
               observed
               by
               
                 Ioannes
                 Andreas
                 i●
                 cap.
                 Sedes
                 .
                 In
                 Rescriptis
                 .
              
               And
               his
               holynesse
               great
               liberality
               in
               giving
               lead
               ,
               and
               taking
               gold
               ,
               which
               Mantuan
               speaks
               of
               ,
               is
               publiquely
               knowne
               even
               to
               children
               without
               any
               contradiction
               .
               
            
          
           
             
               
                 Si
                 quid
                 Roma
                 dabit
                 ,
                 nugas
                 dabit
                 ,
                 accipit
                 aurum
              
               
                 Verba
                 dat
                 :
                 heu
                 !
                 Romae
                 nunc
                 sola
                 pecunia
                 regnat
                 .
              
               
                 Hoc
                 est
                 Roma
                 viris
                 ,
                 avibus
                 quod
                 noctua
                 .
              
            
             
               
                 If
                 Rome
                 give
                 ought
                 ,
                 't
                 is
                 nought
                 :
                 She
                 takes
                 your
                 ware
                 ,
              
               
                 And
                 gives
                 you
                 words
                 .
                 Alas
                 !
                 there
                 's
                 none
                 reignes
                 there
              
               
                 But
                 Lady
                 money
                 now
                 .
                 And
                 as
                 the
                 Owle's
              
               
                 To
                 other
                 birds
                 ,
                 so
                 Rome
                 to
                 simple
                 soules
                 .
              
            
          
           
             2
             This
             learned
             devine
             hath
             spoken
             much
             of
             these
             things
             ,
             yet
             withall
             hee
             hath
             omitted
             more
             ;
             as
             we
             shall
             also
             doe
             ,
             referring
             those
             that
             desire
             further
             information
             herein
             to
             the
             booke
             intitled
             
               Taxa
               Cancellaria
               Apostolicae
            
             ,
             printed
             at
             Paris
             by
             
               Toussaint
               Denis
            
             the
             yeere
             1520.
             
             And
             yet
             this
             is
             nothing
             in
             comparison
             of
             the
             
               penitentiary
               tax
            
             ,
             printed
             with
             the
             same
             booke
             ,
             where
             every
             sin
             ,
             every
             crime
             ,
             how
             heynous
             so
             ever
             ,
             hath
             his
             price
             set
             ;
             so
             that
             to
             have
             a
             licence
             and
             impunity
             for
             sinning
             ,
             there
             needs
             no
             more
             but
             to
             be
             rich
             ;
             to
             have
             a
             pasport
             to
             Paradise●
             both
             for
             a
             mans
             selfe
             and
             his
             misdeeds
             .
             But
             (
             that
             which
             might
             make
             Rome
             blush
             if
             there
             were
             any
             shame
             in
             her
             brow
             )
             these
             pardons
             and
             indulgences
             are
             denyed
             to
             the
             poore
             and
             indigent
             ,
             who
             are
             not
             of
             meanes
             sufficient
             to
             raise
             these
             criminall
             and
             incestuous
             impositions
             .
             It
             was
             not
             enough
             to
             exclude
             them
             indeed
             ,
             but
             they
             must
             specifie
             so
             much
             in
             downright
             termes
             ,
             for
             feare
             least
             some
             body
             might
             presume
             of
             some
             favour
             or
             exemption
             herein
             .
             For
             in
             the
             second
             Tax
             marked
             B.
             under
             the
             title
             
               De
               rebus
               matrimonialibus
            
             ,
             it
             is
             said
             ,
             
               The
               dispensation
               for
               contracting
               within
               spirituall
               kindred
               .
               g.
               LX.
               The
               same
               judgement
               serves
               for
               the
               scond
               degree
               ;
               for
               which
               the
               Datary
               must
               be
               compounded
               with
               ,
               for
               some
               great
               summe
               ,
               sometimes
               three
               hundred
               ,
               sometimes
               six
               hundred
               ,
               or
               otherwise
               according
               to
               the
               quality
               of
               the
               person
               .
               And
               mark
               it
               well
               ,
               that
               such
               graces
               and
               dispensations
               as
               these
               ,
               are
               never
               granted
               to
               poore
               men
               .
            
          
           
             3
             So
             that
             we
             live
             not
             in
             those
             dayes
             when
             it
             was
             more
             hard
             for
             a
             rich
             man
             to
             enter
             into
             the
             Kingdome
             of
             heaven
             ,
             than
             for
             a
             †
             cable
             to
             goe
             through
             the
             eye
             of
             a
             needle
             ;
             for
             now
             the
             Kingdome
             of
             Heaven
             belongs
             to
             them
             ,
             and
             not
             to
             those
             beggarly
             creatures
             that
             have
             nothing
             but
             a
             staffe
             and
             a
             wallet
             .
             Wee
             might
             here
             alledge
             many
             testimonies
             concerning
             this
             subject
             ,
             to
             evince
             this
             abuse
             ;
             but
             because
             it
             is
             too
             apparant
             ,
             wee
             will
             content
             our selves
             with
             setting
             downe
             the
             complaint
             which
             the
             same
             Espensaeus
             makes
             hereof
             ,
             after
             the
             Councell
             was
             done
             ;
             that
             so
             every
             man
             may
             perceive
             that
             those
             abuses
             were
             not
             taken
             order
             with
             ,
             but
             are
             now
             more
             frequent
             than
             ever
             they
             were
             .
          
           
             4
             
               There
               is
               a
               booke
               publiquely
               set
               to
               every
               mans
               view
               (
               saith
               hee
               )
               which
               sels
               as
               well
               now
               as
               ever
               ,
               intitled
               ,
               
               
                 Taxa
                 Cancellaria
                 Apostolicae
              
               ,
               which
               is
               prostitute
               and
               set
               out
               for
               gaine
               ,
               like
               a
               common
               whore
               ;
               whence
               more
               naughtines
               is
               learned
               ,
               than
               from
               all
               the
               Summists
               and
               summaries
               of
               all
               vices
               .
               There
               is
               licence
               granted
               for
               many
               of
               them
               ,
               and
               absolution
               for
               all
               ;
               but
               only
               to
               such
               as
               will
               buy
               them
               .
               I
               forbear
               the
               names
               ,
               for
               (
               as
               one
               sayes
               )
               they
               are
               very
               fearfull
               even
               the
               sound
               of
               them
               .
               It
               is
               strange
               that
               in
               these
               times
               ,
               in
               this
               schisme
               ,
               that
               index
               and
               inventary
               of
               so
               many
               uncleane
               and
               abhominable
               villanies
               ,
               so
               infamous
               that
               I
               am
               confident
               there
               is
               not
               a
               more
               scandalous
               book
               in
               all
               Germany
               ,
               
               Suitzerland
               ,
               
               or
               any
               other
               place
               ,
               which
               hath
               separated
               from
               the
               Church
               of
               Rome
               ,
               was
               not
               suppressed
               :
               Yea
               ,
               it
               is
               so
               farre
               from
               being
               suppressed
               by
               the
               Treasurers
               of
               the
               Church
               of
               Rome
               ,
               that
               the
               licences
               and
               impunities
               ,
               for
               those
               so
               many
               and
               such
               horrible
               crimes
               are
               renewed
               ,
               and
               for
               the
               most
               part
               confirmed
               by
               the
               faculties
               of
               the
               Legats
               ,
               which
               come
               from
               thence
               into
               these
               quarters
               ,
               with
               power
               to
               restore
               to
               their
               former
               estate
               all
               things
               that
               were
               utterly
               lost
               ,
               and
               so
               to
               legitimate
               all
               bastards
               ,
               whoresons
               ,
               and
               such
               as
               were
               begot
               by
               any
               unlawfull
               conjunction
               ,
               &c.
               to
               allow
               people
               marriage
               with
               such
               as
               they
               had
               formerly
               committied
               adultery
               with
               ,
               to
               absolve
               such
               as
               were
               perjured
               ,
               Simoniacall
               ,
               falsifiers
               ,
               robbers
               ,
               usurers
               ,
               schismatiques
               ,
               heretiques
               recanting
               ;
               Yea
               ,
               and
               even
               to
               admit
               them
               to
               orders
               ,
               honours
               ,
               dignities
               ,
               and
               all
               sorts
               of
               benefices
               ;
               to
               dispense
               with
               casuall
               ,
               not
               wilfull
               murtherers
               ;
               howbeit
               the
               fore-cited
               Tax
               doth
               not
               except
               wilfull
               parricides
               ,
               killers
               of
               father
               ,
               mother
               ,
               brother
               ,
               sister
               ,
               children
               ,
               or
               wife
               :
               sorcerers
               ,
               enchanters
               ,
               concubin-keepers
               ,
               adulterers
               ,
               incestuous
               with
               parents
               or
               kindred
               ,
               Sodomites
               ,
               sinners
               against
               nature
               ,
               abusers
               of
               themselves
               with
               beasts
               ,
               &c.
               
               O
               that
               Rome
               would
               from
               henceforth
               have
               some
               shame
               ,
               and
               cease
               to
               set
               out
               such
               a
               shamelesse
               catalogue
               of
               all
               manner
               of
               wickednesse
               .
            
          
           
             
             5
             We
             will
             here
             adde
             the
             complaint
             of
             Clemangius
             the
             devine
             upon
             this
             subject
             :
             
               So
               the
               Church
               which
               Christ
               hath
               taken
               for
               his
               spouse
               ,
               without
               wrinkle
               or
               blemish
               ,
               disfigured
               by
               this
               horrible
               villany
               ,
               is
               now
               the
               shop
               of
               all
               pride
               ,
               of
               all
               tradeing
               ,
               of
               all
               filching
               and
               stealing
               ,
               where
               the
               Sacraments
               are
               hung
               out
               for
               a
               show
               ,
               all
               the
               orders
               ,
               even
               the
               priesthood
               it selfe
               :
               where
               favours
               are
               sold
               for
               silver
               ,
               dispensations
               for
               not
               preaching
               ,
               licences
               for
               non-residence
               :
               where
               all
               offices
               and
               benefices
               ,
               yea
               ,
               even
               sinnes
               are
               bought
               and
               sold●
               Lastly
               ,
               where
               Masses
               and
               the
               administration
               of
               the
               Lords
               body
               are
               set
               to
               sale
               .
               Would
               any
               man
               have
               a
               Bishoprique
               ?
               let
               him
               provid●
               his
               money
               ,
               and
               that
               no
               little
               sum
               ,
               but
               a
               pretty
               great
               one
               for
               so
               great
               a
               Title
               ;
               and
               let
               him
               not
               stand
               upon
               emptying
               his
               purse
               for
               the
               purchase
               of
               such
               a
               dignity
               ,
               seeing
               he
               will
               quickly
               fill
               it
               againe
               ,
               and
               that
               more
               soundly
               then
               he
               could
               do
               by
               many
               sorts
               of
               Merchandise
               .
               Doth
               any
               desire
               a
               prebend
               ,
               a
               Provosts
               place
               ,
               or
               some
               other
               dignity
               ?
               it
               is
               no
               matter
               for
               knowing
               his
               deserts
               ,
               his
               life
               and
               conversation
               ;
               but
               so
               many
               crownes
               as
               he
               hath
               in
               his
               chest
               ,
               such
               hopes
               may
               hee
               conceive
               of
               compassing
               his
               desire
               .
               For
               what
               skils
               it
               to
               speake
               of
               poore
               folkes
               ,
               who
               are
               accounted
               unprofitable
               in
               all
               things
               ,
               and
               unworthy
               of
               all
               government
               or
               charge
               ;
               and
               who
               have
               no
               other
               hopes
               but
               to
               wax
               old
               and
               pine
               away
               in
               misery
               dis-respected
               and
               despised
               .
               What
               should
               a
               poore
               man
               go
               to
               market
               for
               with
               an
               empty
               pouch
               ,
               when
               he
               hath
               nothing
               to
               buy
               the
               wares
               with
               ?
            
          
           
             
             6
             The
             case
             is
             finely
             altered
             ;
             the
             Imperiall
             lawes
             exclude
             rich
             men
             out
             of
             Churches
             ,
             and
             the
             Papall
             poor
             men
             .
             These
             last
             examples
             lead
             us
             to
             a
             third
             kind
             of
             Taxes
             ,
             which
             is
             raised
             out
             of
             Bishopriques
             ,
             and
             other
             benefices
             ;
             in
             the
             catalogues
             hereof
             are
             set
             downe
             what
             summes
             of
             money
             the
             Pope
             was
             wont
             to
             exact
             for
             first
             fruits
             ,
             vacancies
             ,
             or
             expedition●
             There
             were
             two
             of
             these
             printed
             among
             the
             rest
             ,
             the
             one
             in
             Germany
             ,
             containing
             the
             taxes
             of
             Archbishopriques
             ,
             Bishopriques
             ,
             Abbeys
             ,
             Priories
             ,
             and
             other
             benefices
             thoughout
             all
             Christendome
             :
             The
             other
             (
             which
             is
             particular
             to
             France
             ,
             containing
             onely
             the
             taxe
             of
             the
             Bishopriques
             and
             benefices
             of
             this
             Kingdome
             )
             at
             Paris
             by
             
               Toussaint
               Denis
            
             1517.
             
             
             The
             summes
             that
             came
             into
             the
             Popes
             coffers
             by
             this
             meanes
             are
             inestimable
             :
             nothing
             like
             to
             this
             for
             the
             destruction
             of
             Kingdomes
             :
             and
             yet
             Princes
             are
             so
             bewitched
             as
             to
             suffer
             it
             .
             Boniface
             the
             9
             was
             the
             inventour
             ,
             or
             at
             least
             the
             Promoter
             of
             it
             ,
             after
             Iohn
             the
             22
             had
             given
             a
             hint
             to
             it
             :
             for
             before
             this
             time
             the
             world
             knew
             not
             what
             it
             meant
             .
             So
             many
             writers
             doe
             testifie
             ;
             amongst
             others
             
               Langius
               ,
               Platina
            
             ,
             and
             Theodorick
             of
             Nihem
             ;
             the
             words
             of
             the
             last
             are
             very
             remarkable
             .
          
           
           
             7
             
               About
               the
               tenth
               yeere
               of
               his
               Popedome
               ,
            
             
             
               to
               goe
               more
               cunningly
               to
               worke
               in
               that
               matter
               ,
               and
               palliate
               the
               Simony
               which
               he
               practised
               under
               some
               colour
               of
               necessity
               ,
               he
               res●rved
               to
               his
               exequeter
               one
               yeeros
               first-fruits
               of
               all
               the
               Cathederall
               Churches
               and
               Abbeys
               that
               were
               vacant
            
             ;
             
             
               in
               such
               sort
               ,
               that
               whosoever
               would
               bee
               preferred
               by
               him
               to
               any
               Archbishoprique
               ,
               Bishoprique
               ,
               or
               Abbey
               ,
               hee
               was
               constrained
               first
               of
               all
               to
               pay
               the
               first-fruits
               of
               the
               Church
               or
               Monastery
               ,
               to
               which
               hee
               would
               be
               sent
               ;
               although
               perhaps
               he
               could
               never
               get
               possession
               of
               it
               ,
               for
               this
            
             Boniface
             
               scarce
               ever
               thought
               of
               that
               :
               Nay
               ,
               on
               the
               contrary
               he
               was
               wont
               to
               say
               ,
               God
               grant
               he
               may
               not
               get
               possession
               of
               this
               Church
               ,
               or
               that
               Monastery
               :
               which
               he
               therefore
               desired
               that
               hee
               might
               get
               money
               for
               it
               of
               another
               .
               Now
               these
               first-fruits
               were
               rated
               by
               him
               at
               thrice
               as
               much
               as
               those
               levies
               which
               were
               formerly
               made
               ,
               for
               discharge
               of
               ordinary
               duties
               ,
               by
               l●tters
               out
               of
               the
               Apostolicall
               Chamber
               .
               And
               ,
               for
               asmuch
               as
               all
               those
               that
               desired
               to
               be
               preferred
               ,
               had
               not
               alwayes
               so
               much
               money
               in
               their
               purse
               when
               they
               came
               to
               the
               Court
               as
               was
               needfull
               ,
               Vsury
               grew
               so
               frequent
               at
               Court
               in
               the
               time
               of
               this
            
             Boniface
             ,
             
               that
               it
               was
               not
               thought
               to
               be
               a
               sinne
               any
               longer
               ;
               nay
               ,
               such
               Vsury
               was
               sometime
               publiquely
               required
               in
               the
               presence
               of
               the
               Iudges
               and
               Officers
               of
               the
               same
            
             Boniface
             .
          
           
             8
             He
             relates
             divers
             other
             tricks
             of
             the
             same
             Pope
             concerning
             taxes
             ;
             so
             foule
             and
             stinking
             ,
             that
             I
             will
             not
             defile
             this
             discourse
             with
             them
             .
             It
             will
             bee
             said
             that
             these
             are
             personall
             faults
             ;
             so
             say
             I
             ,
             but
             they
             suited
             so
             well
             with
             his
             successours
             ,
             that
             they
             derived
             them
             through
             their
             veines
             ,
             and
             that
             with
             interest
             .
             I
             speak
             not
             onely
             of
             first-fruits
             ,
             but
             the
             tricks
             of
             petty
             tols
             ,
             graces
             expectative
             ,
             altering
             the
             rules
             of
             Chancery
             ,
             to
             put
             all
             in
             confusion
             ,
             dispensations
             ,
             subscriptions
             ,
             and
             such
             like
             things
             ,
             which
             that
             Historian
             thought
             horrible
             matters
             at
             their
             first
             beginning
             ,
             but
             custome
             hath
             sweetened
             them
             unto
             us
             .
             And
             for
             annates
             ,
             whereas
             
               Boniface
               the
            
             9
             exacted
             them
             onely
             of
             Bishopriques
             and
             Abbeys
             ,
             they
             brought
             in
             Priories
             ,
             and
             other
             benefices
             in
             after
             ages
             :
             Fo●
             marke
             the
             title
             of
             those
             of
             
               France
               ;
               Here
               follow
               the
               names
               of
               the
               Archbishops
               ,
               and
               Bishops
               of
               the
               Kingdome
               of
            
             France
             ,
             
               and
               also
               of
               all
               Abbeys
               ,
               Priories
               ,
               and
               other
               benefices
               within
               their
               circuit
               ,
               with
               the
               tax
               which
               is
               reserved
               upon
               them
               for
               the
               See
               Apostolique
               ,
               when
               they
               come
               to
               bee
               void
               ,
               and
               which
               is
               paid
               for
               annate
               ,
               or
               provision
               .
            
             
             Leo
             the
             10
             extended
             this
             tax
             to
             pensions
             also
             ,
             as
             is
             testified
             by
             a
             Doctor
             of
             the
             Canon
             Law.
             
               This
               was
               the
               custome
            
             (
             saith
             he
             )
             
               till
               the
               time
               of
            
             Leo
             
               the
               tenth
               ,
               what
               time
               it
               was
               ordained
               ,
               that
               annates
               should
               be
               payed
               out
               of
               pensions
               also
               ,
               if
               they
               amounted
               to
               twelve
               ducats
               of
               Gold
               in
               the
               Popes
               booke
               .
            
             This
             taxe
             was
             further
             enhansed
             by
             his
             successours
             ,
             and
             made
             farre
             more
             heavie
             than
             before
             ,
             at
             it
             is
             affirmed
             in
             the
             77
             Article
             of
             the
             remonstrance
             of
             the
             Court
             of
             Parliament
             ,
             made
             to
             King
             Lewes
             the
             eleventh
             .
          
           
             9
             
               Item
               ,
               it
               is
               to
               be
               considered
               ,
               that
               though
               the
               exactions
               were
               excessive
               ,
               both
               in
               the
               vacancies
               ,
               and
               otherwise
               ,
               then
               when
               these
               constitutions
               were
               made
               :
               Yet
               after
               the
               repealing
               of
               them
               ,
               in
               the
               time
               of
               Pope
            
             Pius
             ,
             
             
               and
               at
               this
               present
               they
               are
               more
               excessive
               by
               halfe
               :
               For
               then
               in
               case
               of
               vacancy
               ,
               they
               payed
               but
            
             ad
             volorem
             taxae
             ,
             reduced
             ad
             mediam
             taxae
             ;
             
               but
               after
               that
               repeal
               ordinarily
               there
               was
               more
               exacted
               in
               the
               vacancy
               ,
               than
               the
               whole
               taxe
               came
               to
               as
               sometimes
               a
               whole
               yeeres
               value
               of
               benefices
               ,
               sometimes
               two
               .
               Insomuch
               that
               some
               pawned
               their
               Buls
               to
               the
               usurers
               ,
               as
               the
               Abbey
               of
            
             Bernay
             
               by
               name
               ,
               because
               two
               hundred
               ducates
               were
               demanded
               ,
               whereas
               the
               Abbey
               was
               not
               worth
               two
               hundred
               :
               and
               nine
               hundred
               for
               St.
            
             Pharon
             of
             Meaux
             :
             
               So
               likewise
               of
               graces
               expectative
               ,
               they
               tooke
               two
               parts
               or
               the
               thirds
               ,
               and
               more
               than
               ever
               was
               accustomed
               .
            
          
           
             10
             This
             open
             Simony
             ,
             like
             a
             poyson
             which
             hath
             gotten
             to
             the
             heart
             ,
             hath
             occasioned
             many
             complaints
             and
             groanes
             .
             Marsilius
             of
             Padua
             ,
             saith
             ;
             
             
               By
               the
               same
               power
               he
               reserves
               unto
               himselfe
               the
               rent
               and
               revenues
               in
               all
               places
               whatsoever
               ,
               of
               all
               benefices
               for
               the
               first
               yeer
               of
               their
               vacancy
               ,
               ingrossing
               to
               himself
               by
               that
               means
               all
               the
               treasures
               in
               the
               world
               ,
               wiping
               all
               Kingdomes
               and
               provinces
               of
               them
               .
            
          
           
           
             
             11
             The
             Bishop
             o●
             Menda
             ,
             in
             the
             reformation
             which
             he
             proposed
             to
             the
             Councell
             of
             Vienna
             ,
             saith
             ,
             
               The
               Court
               of
            
             Rome
             ,
             
               and
               the
               Colledge
               of
               Cardinals
               ,
               together
               with
               the
               Pope
               ,
               would
               have
               a
               certaine
               allowance
               of
               all
               Bishops
               that
               are
               preferred
               there
            
             ;
             
             
               it
               seemes
               very
               requisite
               that
               this
               were
               taken
               order
               with
               .
               For
               this
               heresie
               doth
               much
               corrupt
               the
               Catholique
               Church
               ,
               and
               the
               common
               people
               ;
               and
               the
               remedies
               which
               have
               beene
               applyed
               hitherto
               are
               quite
               disrespected
               ,
               inasmuch
               ,
               that
               the
               contrary
               is
               usually
               practised
               in
               the
               Court
               of
            
             Rome
             ,
             
               as
               if
               it
               were
               no
               sinne
               at
               all
               to
               commit
               Simony
               ,
               or
               if
               it
               were
               not
               all
               one
               to
               give
               first
               ,
               and
               then
               take
               ,
               as
               first
               to
               take
               and
               then
               to
               give
               .
            
             The
             thing
             was
             taken
             into
             consideration
             at
             the
             Councell
             of
             Vienna
             ,
             so
             as
             they
             were
             once
             advised
             to
             allow
             the
             twentith
             part
             of
             all
             livings
             in
             Christendome
             ,
             to
             the
             Pope
             and
             his
             Cardinals
             ;
             but
             at
             last
             it
             was
             shifted
             off
             without
             resolving
             upon
             any
             thing●
             A
             Doctour
             of
             the
             Canon
             law
             ,
             saith
             ,
             
             it
             was
             better
             for
             that
             ,
             
               because
               their
               covetousnesse
               is
               so
               insatiable
               ,
               that
               if
               that
               had
               beene
               resolved
               upon
               ,
               they
               would
               have
               taken
               both
               .
            
          
           
             12
             Cardinall
             Cusanus
             desired
             the
             very
             same
             reformation
             at
             the
             Councell
             of
             
               Basil
               ;
               The
               world
               cryes
               out
            
             (
             saith
             he
             )
             
               of
               the
               gettings
               of
               the
               Court
               of
            
             Rome
             ;
             
               if
               Simony
               in
               its
               kind
               be
               an
               heresie
               ;
               then
               sure
               it
               is
               a
               sacriledge
               to
               oppresse
               inferiour
               Churches
               :
               If
               he
               that
               doth
               such
               things
               ,
               according
               to
               the
               Apostle
               ,
               be
               an
               idolater
               ,
               it
               will
               be
               very
               necessary
               by
               way
               of
               reformation
               ,
               to
               take
               away
               all
               these
               and
               such
               like
               gaines
               ,
               especially
               because
               the
               Catholique
               Church
               is
               scandalized
               for
               this
               covetousnesse
               of
               her
               governours
               ,
               and
               the
               Church
               of
            
             Rome
             
               more
               than
               other
               Churches
               .
               Wherefore
               it
               is
               expedient
               in
               this
               holy
               reforming
               Councell
               ,
               to
               remove
               that
               especially
               which
               is
               so
               opposite
               to
               Gods
               Lawes
               ,
               so
               prejudiciall
               to
               souls
               ,
               and
               so
               scandalous
               to
               the
               whole
               Church
               ,
               that
               all
               things
               be
               done
            
             gratis
             
               in
               the
               Church
               of
            
             Rome
             ,
             
               and
               other
               Metropolitan
               Churches
            
             .
          
           
             
             13
             
               Nicholas
               Clemangius
            
             in
             his
             booke
             
               De
               ruina
               &
               reparatione
               Ecclesiae
            
             ,
             saith
             ,
             
               The
               Popes
               ,
               over
               and
               above
               the
               former
               charges
               ,
               have
               laid
               other
               tasks
               upon
               Churches
               and
               Ecclesiasticall
               persons
               ,
               to
               fortifie
               and
               maintaine
               their
               Chamber
               ,
               or
               rather
               their
               Charybdis
               :
               For
               they
               have
               made
               a
               Law
               ,
               that
               as
               oft
               as
               any
               Ecclesiasticall
               person
               dyeth
               ,
               of
               what
               dignity
               or
               condition
               soever
               he
               bee
               ,
               or
               exchangeth
               his
               benefice
               with
               any
               other
               whatsoever
               ,
               their
               chamber
               shall
               receive
               all
               the
               fruits
               and
               revenues
               for
               the
               first
               yeere
               next
               insuing
               ,
               rated
               at
               a
               certaine
               summe
               according
               to
               their
               good
               will
               and
               pleasure
               .
            
             Which
             exaction
             ,
             and
             divers
             others
             ,
             by
             him
             reckoned
             up
             there
             ,
             he
             blames
             and
             condemnes
             .
          
           
             14
             The
             Glosser
             upon
             the
             pragmatique
             sanction
             ,
             saith
             ;
             That
             Boniface
             the
             9
             
               was
               the
               first
               that
               extended
               the
               use
               of
               annates
               to
               all
               Churches
               ,
               contrary
               to
               the
               equities
               of
               all
               Lawes
               ,
            
             
             
               divine
               and
               humane
            
             .
             And
             he
             afterwards
             adds
             ,
             
               What
               are
               they
               that
               give
               ,
               and
               receive
               annates
               ,
               but
               the
               buyers
               and
               sellers
               of
               the
               Temple
               cast
               forth
               by
               Christ
               ?
            
          
           
             15
             
               Theodorick
               de
               Nihem
            
             upon
             the
             tract
             
               De
               privilegiis
               &
               juribus
               imperii
            
             ,
             saith
             ,
             
               There
               is
               no
               reason
               why
               the
               Pope
               and
               the
               Cardinals
               should
               not
               prefer
               other
               men
               to
               Bishopriques
               ,
               Monasteries
               ,
               and
               other
               Ecclesiasticall
               dignities
            
             gratis
             ,
             
               and
               freely
               ,
               without
               any
               intervention
               of
               money
               ,
               promise
               or
               compact
               whatsoever
               .
               But
               if
               it
               be
               said
               that
               the
               Pope
               is
               the
               generall
               steward
               of
               all
               Bishopriques
               ,
               Monasteries
               ,
               and
               other
               Ecclesiasticall
               preferments
               ,
               and
               of
               all
               the
               goods
               that
               belong
               unto
               them
               ,
               (
               howbeit
               no
               such
               thing
               can
               be
               proved
               out
               of
               the
               Gospel
               ,
               the
               holy
               Scripture
               ,
               nor
               by
               the
               testimony
               of
               the
               Saints
               ,
               )
               yet
               we
               must
               beleeve
               and
               maintain
               that
               this
               jurisdiction
               reacheth
               no
               further
               ,
               than
               to
               the
               giving
               unto
               discreet
               and
               faithfull
               Popes
               and
               Cardinals
               ,
               the
               power
               of
               disposing
               Ecclesiasticall
               benefices
               ,
               dignities
               ,
               and
               other
               meanes
               ,
               to
               distribute
               and
               bestow
               them
               freely
               ,
               as
               they
               have
               freely
               received
               them
               ,
               upon
               serviceable
               and
               deserving
               men
               .
            
             And
             a
             little
             after
             ;
             
               Besides
               ,
               hence
               it
               is
               that
               they
               never
               regard
               the
               will
               of
               God
               ,
               nor
               the
               benefit
               of
               the
               people
               committed
               to
               their
               charge
               ,
               but
               their
               own
               gain
               ,
               as
               many
               good
               Devines
               say
               .
               Hence
               have
               risen
               every
               where
               some
               great
               errours
               in
               Christendome
               ,
               and
               grievous
               defamations
               against
               the
               Court
               of
            
             Rome
             ;
             
               which
               is
               also
               drawn
               into
               an
               example
               by
               others
               .
            
          
           
           
             16
             He
             addes
             yet
             further
             ;
             
             
               What
               then
               ,
               if
               hee
               that
               hath
               the
               power
               of
               preferring
               make
               a
               law
               ,
            
             (
             which
             is
             the
             case
             in
             hand
             )
             
               that
               he
               which
               will
               be
               preferred
               to
               such
               a
               dignity
               ,
               shall
               pay
               before
               his
               preferment
               one
               full
               yeeres
               value
               of
               that
               dignity
               ?
               Many
               great
               Devines
               are
               of
               opinion
               ,
               that
               it
               is
               a
               heresie
               to
               hold
               and
               maintaine
               that
               such
               a
               law
               may
               be
               observed
               without
               mortall
               sinne
               ;
               because
               the
               inferiour
               cannot
               abrogate
               the
               law
               of
               the
               superiour
               ,
               and
               hee
               can
               make
               no
               such
               law
               of
               himselfe
               ,
               how
               great
               soever
               his
               state
               and
               glory
               be
               .
            
             And
             anon
             ,
             
               Whence
               then
               comes
               this
               power
               of
               making
               and
               observing
               this
               law
               ?
               Ye
               may
               say
               that
               it
               is
               abusively
               by
               the
               divels
               suggestion
               ,
               which
               haunt
               them
               that
               buy
               and
               sell
               holy
               Orders
               ;
               which
               obtaine
               by
               Simony
               Bishopriques
               ,
               Prebends
               ,
               Curates
               ,
               &c.
               
            
          
           
             17
             In
             another
             place
             he
             saith
             thus
             ,
             
             
               Simony
               is
               alwayes
               excepted
               in
               the
               bestowing
               of
               Bishopriques
               ,
               and
               supreme
               Sees
               ;
               which
               if
               so
               ,
               why
               was
               it
               brought
               up
               by
               the
               Church
               of
            
             Rome
             ,
             
               and
               the
               Churchmen
               thereof
               (
               to
               wit
               ,
               the
               Pope
               and
               the
               Cardinals
               ,
               who
               were
               then
               at
            
             Avinion
             ,
             )
             
               that
               those
               who
               should
               be
               preferred
               by
               them
               to
               any
               Archbishopriques
               ,
               Bishopriques
               ,
               or
               Abbeys
               ,
               should
               compound
               with
               the
               chamber
               Apostolique
               ,
               and
               for
               the
               ordinary
               service
               of
               the
               Lord
               Cardinals
               ?
               otherwise
               none
               should
               be
               preferred
               or
               created
               Bishop
               from
               thenceforth
               ,
               unlesse
               hee
               either
               paid
               or
               entred
               bond
               for
               the
               payment
               of
               so
               much
               ,
               upon
               most
               damnable
               forfeitures
               .
            
          
           
             18
             The
             Authour
             of
             the
             booke
             ,
             
             intitled
             ,
             
               De
               privilegiis
               &
               juribus
               Imperii
            
             ,
             which
             is
             very
             ancient
             ,
             shewes
             that
             these
             annates
             were
             never
             exacted
             by
             the
             Emperours
             ,
             when
             they
             bestowed
             investitures
             ;
             and
             hee
             takes
             offence
             at
             the
             Popes
             using
             them
             ;
             
               We
               never
               read
            
             ,
             (
             saith
             he
             )
             
               nor
               is
               it
               credible
               that
               the
               Emperour
            
             Otho
             
               did
               ever
               either
               demand
               ,
               or
               receieve
               by
               himselfe
               ,
               or
               by
               any
               other
               ,
               the
               fruits
               of
               one
               whole
               yeere
               ;
               no
               ,
               nor
               of
               halfe
               a
               yeere
               ,
               for
               any
               Church
               ,
               Monastery
               ,
               or
               Ecclesiasticall
               dignity
               ,
               which
               he
               bestowed
               upon
               any
               man
               for
               a
               title
               .
               Why
               then
               is
               the
               contrary
               pactised
               by
               some
               Ecclesiastiques
               ?
               It
               is
               a
               strange
               thing
               :
               And
               perhaps
               by
               reason
               of
               the
               excesse
               herein
               ,
               or
               because
               no
               regard
               is
               had
               to
               the
               ancient
               laudable
               customes
               ,
               which
               have
               beene
               left
               by
               the
               holy
               Fathers
               to
               the
               Church
               militant
               ,
               the
               covetousnesse
               of
               the
               times
               keeping
               it
               so
               close
               ,
               it
               appears
               more
               in
               deed
               that
               in
               writing
               ,
               in
               what
               sort
               the
               Catholique
               faith
               prospers
               by
               this
               meanes
               .
            
          
           
             19
             Gregory
             of
             Haymburgh
             a
             German
             Lawyer
             ,
             
             who
             lived
             in
             the
             time
             of
             the
             Councell
             of
             Basil
             ,
             complaines
             likewise
             of
             these
             Annates
             ,
             and
             other
             exactions
             of
             the
             Pope
             upon
             benefices
             ,
             and
             Ecclesiasticall
             preferments
             ;
             
               The
               Empire
            
             (
             saith
             he
             )
             
               being
               thus
               divided
               or
               vacant
               ,
               they
               proceeded
               further
               ,
               reserving
               to
               themselves
               all
               advowsons
               and
               dignities
               how
               Canonically
               soever
               disposed
               of
               ;
               yea
               and
               the
               presentations
               to
               benefices
               ;
               surcharging
               withall
               the
               Bishopriques
               ,
               and
               other
               livings
               ,
               with
               Annates
               ,
               and
               other
               Symoniacall
               exactions
               ,
               for
               investiture
               into
               these
               livings
               ,
               that
               otherwise
               belonged
               to
               the
               Empire
               ;
               that
               the
               Popes
               by
               this
               meanes
               might
               squeaze
               all
               the
               treasures
               of
               the
               world
               ,
               as
               if
               they
               were
               not
               content
               to
               have
               usurped
               the
               Empire
               .
            
             It
             was
             one
             of
             the
             Articles
             proposed
             by
             all
             the
             Nations
             of
             Christendome
             at
             the
             Councell
             of
             Constance
             ,
             there
             to
             bee
             reformed
             ;
             
             conceived
             in
             these
             terms
             ,
             
               Of
               Annates
               ,
               and
               petty
               services
               .
            
             And
             indeed
             there
             was
             a
             mighty
             bickering
             about
             it
             betwixt
             the
             Cardinals
             ,
             who
             opposed
             the
             proposall
             ,
             and
             the
             French
             who
             did
             earnestly
             sollicite
             the
             contrary
             :
             as
             appeares
             by
             the
             answere
             of
             our
             French
             men
             ,
             printed
             amongst
             the
             works
             of
             
               Nicholas
               de
               Clemangiis
            
             ;
             but
             at
             last
             the
             Cardinals
             ,
             by
             meanes
             of
             their
             shiftings
             and
             put-offes
             ,
             got
             the
             victory
             ,
             insomuch
             that
             there
             was
             nothing
             done
             in
             it
             .
          
           
             20
             
               Albert
               Crants
            
             ,
             a
             German
             Historian
             and
             Devine
             ,
             in
             his
             book
             ,
             called
             ,
             Wandalia
             ,
             
             speaking
             of
             a
             tenth
             which
             Pope
             Paul
             the
             second
             would
             have
             laid
             upon
             Germany
             ,
             for
             making
             war
             against
             the
             Turke
             ,
             saith
             ,
             
               That
               the
               Archbishops
               of
               the
            
             Rhene
             
               were
               scarce
               willing
               to
               give
               way
               to
               this
               imposition
               ,
               because
               the
               Pope
               received
               the
               first
               fruits
               ,
               which
               was
               a
               great
               pressure
               to
            
             Germany
             ;
             
             
               and
               all
            
             (
             saith
             he
             )
             
               that
               the
               Cardinals
               may
               have
               to
               feed
               their
               beasts
               .
               Volaterranus
            
             speaking
             of
             Rome
             in
             the
             30
             book
             of
             his
             commentaries
             dedicated
             by
             him
             to
             Pope
             Iulius
             the
             2
             ,
             saith
             ,
             
             
               That
               livings
               are
               there
               bestowed
               for
               wages
               ,
            
             
             
               and
               the
               spirituall
               treasure
               is
               made
               a
               merchandise
               .
            
          
           
             21
             There
             is
             an
             arrest
             of
             the
             Parliament
             of
             Paris
             ,
             dated
             the
             11
             of
             September
             1406
             ,
             wherein
             it
             is
             said
             ,
             
             
               That
               Pope
            
             Benet
             
               and
               his
               officers
               should
               from
               thenceforth
               give
               over
               and
               abstaine
               from
               the
               exaction
               of
               Annates
               in
               this
               Kingdome
               of
               France
               ,
               and
               the
               Countrey
               of
            
             Daulphiny
             .
             The
             Councell
             of
             Basil
             ,
             made
             also
             a
             very
             remarkable
             Decree
             hereabout
             in
             the
             21
             Session
             ;
             
               The
               holy
               Councell
               ordaineth
               ,
               that
               from
               this
               time
               forwards
               ,
               there
               shall
               bee
               nothing
               exacted
               either
               in
               the
               Court
               of
            
             Rome
             ,
             
               or
               else
               where
               for
               letters
               ,
               Buls
               ,
               seals
               ,
               Annates
               ,
               common
               and
               petty
               services
               ,
               first-fruits
               ,
               or
               any
               other
               title
               ,
               name
               ,
               or
               colour
               whatsoever
               ,
               for
               confirmations
               of
               elections
               ,
               admission
               of
               requests
               ,
               provisoes
               of
               presentations
               ,
               nor
               for
               any
               collation
               ,
               deposition
               ,
               election
               ,
               demand
               ,
               or
               presentation
               to
               bee
               made
               even
               by
               Lay
               men
               .
               Nor
               for
               institution
               ,
               installation
               ,
               and
               investiture
               in
               Churches
               ,
               (
               even
               Cathedrall
               and
               Metropolitan
               )
               Monasteries
               ,
               dignities
               ,
               benefices
               ,
               and
               other
               Ecclesiasticall
               offices
               whatsoever
               :
               Nor
               for
               Orders
               ,
               nor
               the
               sacred
               benediction
               ,
               nor
               for
               the
               Pall.
            
             This
             same
             decree
             was
             in
             expresse
             words
             inserted
             in
             the
             Pragmatique
             ●anction
             ,
             and
             confirmed
             by
             it
             .
             Wee
             may
             take
             notice
             by
             the
             way
             ,
             of
             the
             prohibition
             made
             by
             the
             Councell
             ,
             and
             the
             Pragmatique
             sanction
             against
             the
             Popes
             ,
             that
             they
             should
             not
             take
             any
             thing
             for
             the
             mantle
             or
             Pall
             ,
             which
             they
             were
             wont
             to
             sell
             to
             Archbishops
             and
             Metropolitans
             ,
             at
             a
             good
             round
             price
             ;
             as
             they
             did
             also
             afterwards
             notwithstanding
             these
             decrees
             ;
             as
             appears
             by
             the
             complaint
             which
             Langius
             maketh
             against
             Leo
             the
             10
             ;
             
             
               A
               great
               summe
               of
               money
            
             (
             saith
             he
             )
             
               is
               extorted
               for
               the
               purchase
               of
               Bishops
               Palls
               ,
               to
               the
               detriment
               of
               Churches
               ,
               against
               the
               constitution
               of
               the
               holy
               Councell
               of
            
             Basil
             ,
             
               which
               ordained
               that
               nothing
               should
               bee
               paied
               for
               the
               Pall
               ,
               nor
               for
               the
               confirmation
               or
               obtaining
               of
               other
               offices
               .
            
             But
             to
             returne
             to
             Annates
             .
          
           
             22
             It
             may
             seeme
             that
             the
             Bull
             of
             Pope
             Leo
             the
             10
             ,
             added
             at
             the
             end
             of
             the
             Concordate
             ,
             and
             confirmed
             by
             the
             letters
             patents
             of
             King
             Francis
             the
             first
             ,
             hath
             derogated
             from
             the
             Pragmatique
             sanction
             .
             But
             that
             Bull
             was
             never
             received
             and
             approved
             in
             France
             ,
             
             as
             M.
             
               Peter
               Rebuffus
            
             doth
             testifie
             ;
             
               This
               constitution
            
             (
             saith
             hee
             )
             
               as
               being
               about
               a
               money
               matter
               ,
               was
               never
               received
               by
               the
               inhabitants
               of
               this
               Kingdome
               .
            
             Nor
             is
             it
             comprehended
             within
             the
             Concordate
             ,
             nor
             the
             Kings
             declaration
             concerning
             it
             ,
             verified
             in
             the
             Court
             of
             Parliament
             :
             And
             indeed
             all
             such
             Annates
             are
             expresly
             prohibited
             in
             the
             second
             Article
             of
             the
             Decree
             at
             
               Orleans
               ;
               Vpon
               the
               remonstrance
               and
               request
               of
               the
               delegates
               of
               the
               said
               States
               ,
               to
               the
               end
               that
               for
               the
               time
               to
               come
               no
               money
               for
               vacancy
               ,
               nor
               Annate
               be
               payed
               for
               the
               grant
               of
               Archbishopriques
               ,
               Bishopriques
               ,
               Abbeyes
               ,
               or
               other
               benefices
               that
               concerne
               the
               Consistory
               ;
               we
               have
               determined
               to
               conferre
               and
               treat
               more
               largely
               hereabout
               ,
               with
               the
               Commissioners
               of
               our
               holy
               Father
               the
               Pope
               ;
               and
               in
               the
               meane
               time
               ,
               by
               the
               advice
               of
               our
               Councell
               ,
               and
               according
               to
               decrees
               of
               the
               sacred
               Synods
               ,
               and
               ancient
               Statutes
               of
               the
               Kings
               our
               predecessours
               and
               the
               arrests
               of
               our
               Courts
               of
               Parliament
               ;
               we
               do
               ordaine
               that
               all
               transportation
               of
               gold
               or
               silver
               out
               of
               our
               Kingdome
               ,
               and
               all
               payment
               of
               money
               under
               colour
               of
               Annate
               ,
               Vacance-money
               ,
               or
               otherwise
               shall
               be
               left
               off
               and
               surcease
               ;
               under
               paine
               of
               paying
               foure-fold
               ,
               to
               all
               such
               as
               doe
               contrary
               to
               this
               present
               decree
               .
            
             But
             afterwards
             the
             execution
             of
             this
             decree
             was
             suspended
             by
             the
             letters
             patents
             of
             the
             same
             Prince
             ,
             dated
             the
             10
             of
             Ianuary
             1562
             ,
             procured
             by
             the
             earnest
             entreaty
             of
             the
             Cardinall
             of
             Ferrara
             ;
             and
             Annates
             were
             tolerated
             in
             this
             Realme
             ,
             by
             reason
             that
             the
             Pope
             assured
             the
             King
             ,
             hee
             would
             take
             order
             for
             a
             reformation
             herein
             ,
             as
             appeares
             by
             the
             contents
             of
             the
             said
             letters
             :
             which
             run
             thus
             ;
          
           
             23
             Charles
             ,
             &c.
             
               Whereas
               at
               our
               comming
               to
               the
               Crowne
               ,
               at
               the
               request
               of
               the
               three
               estates
               of
               our
               Kingdome
               ,
               holden
               in
               the
               City
               of
            
             Orleans
             ,
             
               by
               the
               advice
               of
               the
               Princes
               of
               our
               bloud
               ,
               and
               other
               great
               eminent
               persons
               of
               our
               privy
               Councell
               ,
               we
               commanded
               our
               subjects
               ,
               that
               they
               should
               not
               transport
               or
               carry
               any
               more
               
               money
               out
               of
               our
               said
               Realme
               ,
               under
               colour
               and
               pretence
               of
               Annates
               ,
               and
               Vacants
            
             ;
             
             
               and
               made
               other
               prohibitions
               concerning
               the
               obtaining
               of
               benefices
               by
               anticipation
               ,
               devolution
               ,
               dispensation
               ,
               or
               such
               like
               meanes
               of
               dispatch
               ,
               sent
               out
               of
               the
               Court
               of
            
             Rome
             ,
             
               as
               is
               specified
               in
               the
               copy
               of
               the
               Ordinances
               aforesaid
               ,
               in
               the
               second
               ,
               fourth
               ,
               and
               twenty
               second
               Articles
               :
               Which
               prohibitions
               were
               published
               in
               our
               Court
               of
               Parliament
               ,
               and
               other
               the
               jurisdictions
               of
               our
               said
               Kingdome
               :
               whereof
               complaint
               and
               remonstrance
               hath
               beene
               made
               unto
               us
               by
               our
               dea●ly
               and
               welbeloved
               Cozen
               ,
               the
               Cardinall
               of
            
             Ferrara
             ,
             
               Legate
               in
            
             France
             ,
             
               who
               hath
               entreated
               us
               to
               restore
               the
               things
               aforesaid
               unto
               that
               state
               wherein
               they
               were
               before
               the
               said
               Ordinance
               of
            
             Orleans
             :
             
               We
               declare
               ,
               that
               we
               desire
               to
               render
               all
               honour
               and
               filial
               devotion
               to
               our
               Holy
               Father
               ,
               and
               out
               of
               the
               great
               confidence
               we
               have
               ,
               that
               his
               Holynesse
               will
               looke
               to
               provide
               ,
               and
               speedily
               to
               take
               order
               ,
               as
               need
               requires
               ,
               that
               the
               matters
               aforesaid
               may
               be
               reformed
               ,
               as
               our
               said
               Cozen
               ,
               the
               Cardinall
               of
            
             Ferrara
             ,
             
               his
               Legat
               ,
               hath
               promised
               unto
               us
               on
               the
               behalfe
               of
               his
               said
               Holynesse
               ,
               and
               whereof
               indeed
               he
               hath
               already
               made
               great
               overtures
               ;
               for
               these
               causes
               and
               other
               considerations
               us
               thereunto
               moving
               ,
               having
               a
               regard
               unto
               the
               foresaid
               remonstrances
               made
               unto
               us
               ,
               with
               the
               advice
               of
               our
               most
               honoured
               Lady
               and
               mother
               the
               Queene
               ,
               the
               Princes
               of
               our
               bloud
               ,
               and
               our
               Privy
               Councell
               :
               we
               have
               removed
               and
               taken
               away
               ,
               and
               doe
               hereby
               remove
               and
               take
               away
               the
               prohibitions
               aforesaid
               ,
               and
               the
               penalties
               annexed
               ,
               to
               be
               imposed
               upon
               the
               offenders
               against
               them
               ,
               by
               our
               Edict
               and
               Ordinance
               of
            
             Orleans
             ,
             
               and
               doe
               make
               void
               the
               Ordinances
               aforesaid
               ,
               for
               the
               reasons
               before
               mentioned
               .
            
          
           
             24
             The
             Councell
             of
             Trent
             was
             holden
             at
             the
             time
             when
             this
             declaration
             was
             made
             ,
             
             from
             which
             our
             King
             expected
             a
             great
             reformation
             concerning
             the
             premises
             ,
             and
             particularly
             considering
             what
             assurance
             the
             Pope
             had
             given
             him
             hereof
             .
             But
             all
             in
             vaine
             .
             Whence
             it
             followes
             ,
             that
             the
             cause
             of
             this
             suspension
             ceasing
             ,
             the
             effect
             should
             cease
             likewise
             ;
             and
             that
             therefore
             we
             are
             under
             the
             Ordinance
             of
             Orleans
             ,
             which
             was
             just
             and
             good
             :
             to
             the
             observation
             whereof
             we
             ought
             the
             rather
             to
             bee
             inclined
             ,
             in
             as
             much
             as
             wee
             understand
             by
             the
             testimony
             of
             the
             Court
             of
             Parliament
             ,
             and
             the
             accounts
             hereupon
             made
             by
             it
             unto
             Lewes
             the
             11
             :
             that
             by
             reason
             of
             Vacancies
             ,
             Expectatives
             ,
             and
             such
             like
             meanes
             ,
             there
             goes
             almost
             a
             million
             of
             crownes
             from
             hence
             to
             Rome
             every
             yeere
             .
             Which
             is
             further
             confirmed
             by
             the
             testimony
             of
             the
             Ambassadours
             of
             the
             Archbishop
             of
             Magdenburg
             in
             Germany
             ,
             who
             was
             present
             at
             the
             Councell
             of
             Basil
             ,
             who
             hath
             left
             upon
             record
             ,
             that
             he
             learned
             from
             the
             Archbishop
             of
             Lyons
             ,
             then
             living
             ;
             that
             during
             the
             Popedome
             of
             Martin
             the
             fifth
             ,
             who
             sate
             14
             yeeres
             ,
             there
             were
             carried
             to
             Rome
             out
             of
             this
             Realme
             of
             France
             only
             ,
             nine
             millions
             of
             Crownes
             ,
             without
             reckoning
             what
             was
             brought
             in
             by
             the
             Clergy-men
             of
             inferiour
             quality
             .
          
           
             25
             It
             is
             reported
             by
             an
             English
             Historian
             ,
             that
             Henry
             the
             3
             King
             of
             England
             in
             the
             yeere
             1245
             ,
             caused
             an
             estimate
             to
             be
             taken
             of
             the
             pure
             rents
             which
             the
             Pope
             had
             out
             of
             his
             Kingdome
             ,
             and
             that
             it
             was
             found
             they
             amounted
             to
             as
             great
             a
             summe
             of
             money
             ,
             as
             all
             that
             he
             himselfe
             received
             out
             of
             his
             Realme
             ,
             nor
             reckoning
             divers
             other
             commodities
             beside
             .
             The
             like
             is
             affirmed
             by
             all
             England
             together
             in
             an
             epistle
             sent
             to
             Pope
             Innocent
             the
             4.
             where
             it
             is
             said
             ,
             
               That
               he
               received
               more
               pure
               rents
               out
               of
            
             England
             ,
             
               than
               the
               King
               himselfe
               ,
               who
               is
               the
               guardian
               of
               the
               Church
               ,
               and
               the
               governour
               of
               the
               Kingdome
               .
            
             And
             hereupon
             the
             the
             transporting
             of
             gold
             or
             silver
             to
             Rome
             was
             forbidden
             in
             this
             Kingdome
             by
             many
             good
             Statutes
             made
             at
             severall
             times
             .
             Saint
             Lewes
             ,
             who
             amongst
             divers
             others
             made
             one
             hereabouts
             expresly
             forbidding
             all
             such
             exactions
             ,
             was
             neverthelesse
             Canonized
             for
             a
             Saint
             .
             King
             Charles
             the
             6
             ,
             Henry
             the
             2
             ,
             Charles
             the
             9
             ,
             and
             others
             ,
             were
             never
             thought
             the
             lesse
             Catholique
             for
             this
             ;
             nor
             the
             people
             of
             France
             that
             demanded
             it
             in
             their
             Councels
             of
             State
             ,
             ever
             reputed
             the
             lesse
             zealous
             in
             Religion
             .
             For
             by
             this
             meanes
             the
             Popes
             and
             Cardinals
             would
             be
             the
             
             more
             honest
             men
             ;
             
             for
             there
             is
             nought
             that
             spoiles
             them
             ,
             but
             too
             much
             ease
             and
             wealth
             .
             And
             so
             they
             should
             both
             cleare
             themselves
             from
             that
             infamous
             crime
             of
             Simony
             ,
             which
             all
             Christians
             detest
             and
             abhorre
             ;
             and
             also
             acquite
             all
             those
             that
             barter
             with
             them
             ;
             who
             ,
             according
             to
             the
             opinion
             of
             a
             Devines
             ,
             and
             the
             sentence
             of
             the
             Parliament
             of
             Paris
             ,
             in
             the
             71
             Article
             of
             their
             Remonstrance
             ,
             share
             with
             them
             in
             the
             sinne
             also
             .
             For
             to
             beleeve
             the
             Popes
             b
             flatterers
             ,
             who
             goe
             about
             to
             perswade
             them
             in
             their
             filthy
             writings
             ,
             that
             though
             they
             practise
             Simony
             ,
             yet
             they
             cannot
             be
             Simoniacall
             :
             this
             were
             to
             hood
             winke
             the
             eyes
             against
             all
             truth
             ,
             and
             to
             sleep
             in
             a
             blind
             ignorance
             .
             The
             men
             who
             were
             the
             most
             eminent
             for
             learning
             in
             the
             time
             of
             Pope
             Paul
             the
             third
             ;
             who
             were
             bound
             by
             oath
             ,
             and
             adjured
             by
             him
             ,
             upon
             paine
             of
             excommunication
             ,
             to
             tell
             him
             the
             truth
             concerning
             the
             reformation
             of
             the
             Church
             ,
             told
             him
             plainly
             ,
             amongst
             other
             things
             ,
             c
             
               That
               it
               was
               not
               lawfull
               for
               the
               Pope
               and
               Vicar
               of
               Christ
               ,
            
             (
             these
             are
             their
             very
             words
             )
             
               to
               make
               any
               gaine
               out
               of
               the
               use
               of
               the
               power
               of
               the
               Keys
               ,
               committed
               unto
               him
               by
               Christ
               :
               For
               it
               is
               Christs
               command
            
             (
             say
             they
             )
             
               Freely
               yee
               have
               received
               ,
               freely
               give
               .
            
          
           
             26
             The
             Emperour
             d
             Ferdinand
             ,
             in
             his
             demands
             ,
             put
             up
             at
             the
             Councell
             of
             Trent
             ,
             required
             that
             the
             ancient
             Canons
             against
             Simony
             ,
             might
             be
             restored
             .
             Now
             these
             ancient
             Canons
             bind
             the
             Pope
             ,
             as
             well
             as
             other
             Bishops
             ;
             and
             you
             shall
             finde
             no
             exception
             for
             him
             there
             ;
             but
             our
             Councell
             had
             no
             leasure
             to
             thinke
             of
             this
             .
             I
             could
             here
             make
             a
             large
             discourse
             of
             the
             Reservations
             of
             Bishopriques
             ,
             and
             other
             dignities
             ,
             and
             benefices
             Ecclesiasticall
             :
             of
             the
             granting
             out
             of
             Graces
             ,
             and
             the
             next
             voydance
             of
             benefices
             ;
             of
             mandats
             of
             provision
             ,
             and
             other
             wayes
             which
             the
             Popes
             have
             used
             and
             doe
             use
             to
             this
             day
             ,
             to
             enhanse
             their
             revenues
             .
             The
             Ordinances
             of
             our
             Kings
             ,
             are
             full
             fraught
             with
             complaints
             made
             ,
             concerning
             this
             particular
             ;
             as
             are
             also
             the
             works
             of
             divers
             authors
             .
             All
             those
             that
             ever
             medled
             with
             reformation
             ,
             put
             alwayes
             up
             some
             Articles
             about
             this
             point
             :
             The
             deputies
             of
             Paul
             the
             third
             ,
             have
             a
             whole
             Chapter
             of
             it
             in
             their
             Councell
             .
             The
             Councell
             of
             Basil
             ,
             and
             the
             Pragmatique
             Sanction
             hath
             condemned
             them
             :
             The
             King
             of
             France
             desired
             the
             like
             in
             his
             demands
             :
             Yea
             ,
             and
             the
             Councell
             it selfe
             hath
             taken
             an
             order
             with
             them
             ,
             but
             it
             is
             with
             reservation
             of
             the
             Popes
             authority
             above
             all
             ;
             which
             is
             as
             much
             as
             to
             put
             a
             gull
             upon
             all
             Christendome
             ,
             seeing
             the
             reformation
             in
             this
             case
             was
             demanded
             onely
             against
             him
             ,
             inasmuch
             as
             he
             is
             the
             man
             from
             whence
             all
             the
             disorder
             proceeds
             .
             And
             after
             this
             ,
             all
             that
             are
             acquainted
             with
             the
             Court
             of
             Rome
             ,
             doe
             very
             well
             know
             ,
             and
             can
             testifie
             ,
             how
             the
             Pope
             doth
             still
             practise
             these
             meanes
             ,
             and
             whether
             all
             the
             decrees
             of
             this
             Councell
             have
             debarred
             him
             of
             dispensing
             his
             favours
             .
          
           
             27
             The
             Popes
             not
             content
             with
             the
             gold
             and
             silver
             which
             they
             get
             by
             these
             meanes
             ,
             doe
             use
             taxes
             and
             tributes
             besides
             ,
             like
             secular
             Princes
             ,
             not
             only
             upon
             Clergy
             men
             ,
             but
             Lay
             men
             also
             ;
             yea
             ,
             upon
             whole
             Princes
             and
             Kingdomes
             .
             Gregory
             the
             9
             ,
             the
             yeere
             1229
             ,
             demanded
             of
             the
             Kingdome
             of
             England
             ,
             the
             tenth
             part
             of
             all
             the
             moveable
             goods
             ,
             as
             well
             of
             the
             Laity
             as
             Clergy
             ,
             to
             maintaine
             his
             warre
             against
             the
             Emperour
             Frederick●
             telling
             them
             that
             he
             only
             had
             undertaken
             that
             war
             in
             behalfe
             of
             the
             Church
             Catholique
             .
             
             
               Which
               demand
            
             ,
             Henry
             
               the
               third
               ,
               King
               of
            
             England
             ,
             (
             saith
             an
             English
             Monke
             )
             
               having
               passed
               his
               word
               to
               the
               Pope
               ,
               by
               his
               officers
               ,
               for
               the
               paying
               of
               those
               tenths
               ,
               had
               no
               way
               to
               gainsay
               .
               But
               the
               Earles
               and
               Barons
               ,
               and
               all
               the
               Laity
               did
               oppose
               it
               ,
               refusing
               to
               engage
               their
               Baronies
               and
               demaines
               .
               As
               for
               the
               Bishops
               ,
               Abbats
               ,
               Priours
               ,
               and
               other
               Prelates
               ,
               after
               three
               or
               foure
               dayes
               consultation
               ,
               they
               at
               last
               condescended
               to
               it
               ,
               with
               a
               great
               deal
               of
               murmuring
               ;
               fearing
               the
               sentence
               of
               excommunication
               in
               case
               of
               refusall
            
             ;
             as
             the
             Monke
             hath
             it
             word
             for
             word
             .
             The
             execution
             whereof
             ensued
             as
             rigorous
             as
             ever
             :
             For
             one
             Mr.
             Otho
             ,
             who
             was
             sent
             as
             Legat
             upon
             that
             occasion
             ,
             did
             not
             spare
             excommunications
             :
             causing
             besides
             ,
             certaine
             great
             
             summes
             of
             money
             to
             be
             levyed
             for
             the
             defraying
             of
             his
             charges
             ;
             
             because
             (
             as
             he
             said
             in
             this
             commission
             )
             
               hee
               was
               not
               bound
               to
               make
               war
               at
               his
               owne
               charges
               .
               Mean
               while
               the
               Legat
               not
               forgetting
               himselfe
               ,
               did
               not
               neglect
               to
               extort
               both
               money
               and
               meanes
               for
               himselfe
               :
            
             
             
               for
               compelling
               every
               one
               to
               pay
               him
               procurations
               ,
               he
               sent
               certaine
               rigorous
               injunctions
               ,
               to
               the
               Bishops
               and
               Archdeacons
               to
               this
               effect
               .
            
             He
             afterwards
             demanded
             the
             fifth
             part
             of
             all
             the
             goods
             ,
             and
             spirituall
             revenues
             of
             the
             Clergy
             men
             aliens
             ,
             who
             had
             any
             preferments
             in
             England
             ,
             whereof
             there
             were
             then
             good
             store
             ;
             and
             from
             them
             hee
             proceeded
             to
             the
             rest
             :
             and
             all
             to
             make
             warre
             against
             the
             Emperour
             Frederick
             .
             And
             whereas
             divers
             were
             marked
             out
             for
             that
             beyond-sea
             voyage
             ,
             hee
             dispatched
             a
             pretty
             commission
             to
             his
             Legat
             ,
             to
             absolve
             them
             of
             their
             vow
             ,
             and
             to
             exact
             of
             them
             certaine
             great
             sums
             of
             money
             .
             All
             these
             evils
             were
             occasioned
             mainly
             by
             the
             softnesse
             of
             King
             Henry
             the
             third
             ,
             who
             when
             it
             was
             asked
             by
             his
             subjects
             ,
             
               Why
               he
               would
               suffer
            
             England
             ,
             
             
               considering
               the
               large
               priviledges
               thereof
               ,
               like
               a
               Vineyard
               without
               a
               wall●
               to
               ly
               open
               to
               the
               prey
               and
               desolation
               of
               passengers
               ;
               He
               replyed
               ,
               ●
               neither
               will
               nor
               dare
               contradict
               the
               Pope
               in
               any
               thing
               .
            
          
           
             28
             Nor
             is
             here
             an
             end
             ;
             
             
               For
               about
               that
               time
            
             (
             saith
             the
             same
             Authour
             )
             
               there
               came
               into
            
             England
             
               a
               new
               way
               of
               exaction
               ,
               most
               execrable
               ,
               and
               unheard
               of
               in
               any
               age
               .
               For
               our
               holy
               Father
               the
               Pope●
               sent
               a
               certaine
               exacter
               into
            
             England
             ,
             Peter
             Rubeus
             
               by
               name
               ,
               who
               was
               instructed
               to
               wipe
               the
               poore
            
             English
             
               of
               an
               infinite
               masse
               of
               money
               ,
               by
               a
               new
               invented
               mouse-trap
               trick
               .
               For
               hee
               came
               into
               the
               Chapters
               of
               the
               Religious
               ,
               cozening
               ,
               and
               compelling
               them
               first
               to
               promise
               ,
               and
               then
               to
               pay
               ,
               after
               the
               example
               of
               other
               Prelates
               ,
               whom
               he
               lyingly
               affirmed
               to
               have
               payed
               already
               .
               For
               he
               said
               ,
               Such
               and
               such
               a
               Bishop
               ,
               such
               and
               such
               an
               Abbat
               have
               already
               freely
               contributed
               ;
               why
               doe
               you
               slowbacks
               delay
               so
               long
               ,
               that
               you
               may
               loose
               your
               thanks
               with
               your
               courtesie
               ?
               Besides
               ,
               this
               cheater
               caused
               them
               to
               sweare
               not
               to
               reveal
               the
               manner
               of
               this
               exaction
               to
               any
               ,
               till
               halfe
               a
               yeere
               after
               ;
               like
               robbers
               ,
               who
               compell
               those
               they
               rob
               ,
               to
               promise
               that
               they
               will
               not
               speake
               of
               it
               .
               But
               though
               men
               should
               be
               silent
               ,
               the
               very
               stones
               out
               of
               the
               Churches
               would
               cry
               out
               against
               such
               rake-hells
               .
            
             This
             fit
             of
             the
             fever
             descended
             like
             an
             hereditary
             disease
             upon
             his
             successours
             .
             Innocent
             the
             fourth
             knew
             well
             enough
             how
             to
             husband
             such
             a
             fertile
             field
             ;
             but
             so
             as
             he
             made
             all
             England
             cry
             out
             of
             him
             ,
             who
             brought
             their
             complaints
             as
             far
             as
             the
             Councell
             at
             Lyons
             ,
             in
             the
             yeere
             1245
             ,
             then
             and
             there
             demanding
             for
             justice
             and
             reliefe
             against
             these
             tyrannicall
             exactions
             ;
             and
             that
             even
             before
             the
             Popes
             nose
             ,
             who
             was
             there
             in
             person
             ,
             who
             (
             as
             the
             Historians
             say
             )
             
               casting
               his
               eyes
               downe
               for
               shame
               ,
               durst
               not
               say
               mum
               .
            
             
             And
             for
             the
             Councell
             which
             regarded
             nothing
             but
             the
             Popes
             pleasure
             ,
             it
             was
             deafe
             on
             that
             eare
             .
             The
             same
             complaint
             was
             afterwards
             put
             up
             in
             a
             Parliament
             in
             England
             by
             King
             Henry
             himselfe
             ,
             who
             begun
             to
             meane
             himselfe
             ;
             where
             these
             Articles
             were
             exhibited
             amongst
             others
             :
             
               The
               Kingdome
               of
            
             England
             
               is
               grieved
               ,
               inasmuch
               as
               the
               Lord
               Pope
               is
               not
               content
               with
               the
               subsidy
               of
               Peter
               pence
               ,
               but
               doth
               extort
               a
               grievous
               contribution
               of
               the
               whole
               Clergy
               of
            
             England●
             
               and
               intends
               to
               extort
               far
               greater
               yet
               ;
               and
               this
               he
               doth
               without
               the
               assent
               or
               consent
               of
               the
               King
               ,
               against
               the
               ancient
               customes●
               liberties
               ,
               and
               lawes
               of
               the
               Kingdome
               ,
               and
               against
               the
               appeall
               and
               protestation
               made
               by
               the
               Proctours
               of
               the
               King
               and
               Kingdome
               ,
               in
               the
               generall
               Councell
               .
            
          
           
             29
             This
             Parliament
             used
             so
             much
             respect
             to
             the
             Pope
             ,
             as
             to
             content
             themselves
             with
             sending
             some
             soothing
             letters
             to
             him
             ,
             thinking
             to
             soften
             his
             heart
             with
             the
             relation
             of
             their
             miseries
             :
             but
             this
             was
             all
             in
             vaine
             ,
             for
             the
             grievance
             grew
             daily
             greater
             and
             greater
             ;
             and
             indeed
             you
             may
             observe
             a
             new
             kind
             of
             extortion
             ,
             whereof
             complaint
             was
             made
             to
             King
             Henry
             ;
             
             
               There
               were
               lately
               brought
               certaine
               letters
               from
               the
               See
               Apostolique
               ,
               containing
               no
               little
               prejudice
               against
               the
               King
               and
               Kingdome
               ;
               to
               wit●
               that
               the
               Bishops
               should
               maintaine
               some
               ten
               men
               of
               war
               ,
               well
               provided
               of
               horse
               and
               armour
               ,
               some
               five
               ,
               some
               fifteene
               ,
               to
               send
               over
               to
               
               the
               Pope
               ,
            
             
             
               for
               the
               service
               of
               the
               Church
               ,
               for
               the
               space
               of
               one
               whole
               yeere
               ,
               to
               be
               paid
               by
               the
               Bishops
               of
            
             England
             ,
             
               and
               imployed
               where
               the
               Pope
               should
               thinke
               expedient
               ;
               which
               Knights
               service
               is
               not
               due
               ,
               save
               only
               to
               the
               King
               and
               Princes
               of
               the
               Realme
               ,
               &c.
               
            
             
             A
             little
             after
             ,
             
               The
               Pope
               taking
               courage
               to
               trample
               under-feet
               the
               poor
            
             English
             ,
             (
             as
             the
             same
             Historian
             cals
             them
             )
             
               and
               in
               trampling
               to
               impoverish
               them
               ,
               commanded
               the
               Bishops
               of
            
             England
             
               with
               more
               imperiousnesse
               than
               was
               usuall
               ,
               that
               all
               the
               beneficed
               men
               in
            
             England
             ,
             
               should
               contribute
               unto
               him
               ;
               to
               wit
               ,
               such
               as
               were
               resident
               ,
               the
               third
               part
               of
               their
               goods
               ,
               and
               the
               rest
               ,
               halfe
               :
               adding
               withall
               ,
               some
               very
               hard
               conditions
               .
            
             
             
               He
               sent
               to
               one
               M.
            
             Iohn
             ,
             
               his
               Legat
               ,
               that
               if
               any
               Bishop
               should
               make
               dainty
               of
               paying
               the
               subsidies
               which
               he
               demanded
               ,
               under
               colour
               of
               exemption
               ,
               that
               he
               should
               sesse
               them
               deeper
               .
            
             Another
             English
             Historian
             ,
             speaks
             thus
             of
             this
             matter
             ,
             
             
               By
               reason
               of
               these
               ,
               and
               such
               like
               oppressions
               ,
               there
               was
               a
               great
               murmuring
               ,
               both
               amongst
               the
               Clergy
               and
               people
               ;
               insomuch
               ,
               that
               whatsoever
               was
               contributed
               ,
               was
               given
               with
               imprecations
               ;
               or
               to
               speake
               more
               properly
               ,
               and
               not
               conceall
               the
               truth
               ,
               with
               down-right
               cursings
               ,
               putting
               the
               Pope
               in
               minde
               of
               their
               grievances
               ,
               with
               a
               complaint
               proceeding
               from
               the
               bottome
               of
               their
               hearts
               ,
               and
               setting
               before
               him
               their
               insupportable
               oppressions
               .
            
             And
             he
             afterwards
             addes
             these
             grievances
             ;
             
               The
               Church
               of
            
             England
             
               is
               intolerably
               vexed
               with
               infinite
               charges
               ,
               in
               the
               tenth
               of
               all
               their
               goods
               ,
               in
               the
               hastening
               of
               reliefes
               ,
               in
               the
               money
               levied
               for
               Souldiers
               ,
               in
               the
               subsidies
               divers
               times
               exacted
               by
            
             Otho
             
               the
               Legat
               ,
               in
               the
               paying
               of
            
             6000
             
               Marks
               ,
               in
               the
               twentieth
               part
               of
               their
               three
               yeeres
               revenues
               ,
               in
               the
               subsidie
               of
               the
            
             Roman
             
               Empire
               ,
               in
               the
               subsidie
               granted
               freely
               .
            
          
           
             
             30
             
               Matthew
               Paris
            
             sets
             downe
             an
             infinite
             company
             of
             other
             barbarous
             exactions
             ,
             saying
             ,
             
               The
               charges
               were
               marvelously
               increased
               ,
               with
               a
               great
               deal
               of
               overplus
               ;
               and
               flowed
               day
               by
               day
               from
               the
               Court
               of
            
             Rome
             ,
             
               over
               the
               miserable
               Kingdome
               of
            
             England
             ;
             
               besides
               the
               burthen
               ,
               and
               unwonted
               slavery
               ;
               insomuch
               ,
               that
               the
               Bishops
               were
               debarred
               from
               the
               bestowing
               of
               their
               benefices
               ,
               till
               they
               had
               discharged
               these
               exactions
               ,
               and
               yet
               the
               pusillanimity
               of
               the
               King
               never
               contradicted
               it
               .
               Horrible
               burthens
               ,
               and
               unheard
               of
               oppressions
               ,
               did
               spring
               up
               daily
               .
               Wee
               have
               thought
               fit
               to
               insert
               in
               this
               booke
               ,
               not
               all
               the
               charges
               ,
               for
               that
               would
               be
               a
               very
               hard
               thing
               ,
               nay
               ,
               altogether
               impossible
               to
               set
               downe
               ,
               but
               onely
               some
               few
               ;
               to
               the
               end
               ,
               that
               such
               as
               read
               them
               ,
               may
               bee
               sorry
               for
               them
               ,
               and
               pray
               to
               God
               that
               we
               may
               be
               one
               day
               freed
               from
               them
               .
            
             We
             should
             spend
             too
             much
             paper
             in
             setting
             downe
             all
             which
             is
             delivered
             by
             him
             at
             large
             ,
             concerning
             this
             point
             ;
             it
             shall
             suffice
             us
             to
             recount
             the
             proverbiall
             speech
             of
             that
             Pope
             ;
             
             England
             (
             said
             he
             )
             
               is
               indeed
               the
               garden
               of
               our
               pleasures
               ,
               an
               exhaustible
               pit
               :
               and
               where
               there
               is
               abundance
               ,
               out
               of
               much
               ,
               much
               may
               bee
               taken
               .
            
             This
             proverb
             was
             received
             with
             all
             honour
             and
             reverence
             by
             his
             successour
             Alexander
             the
             fourth
             ,
             who
             sent
             one
             M.
             Rustand
             into
             England
             ,
             who
             rifled
             the
             purses
             of
             the
             poore
             Clergy-men
             soundly
             ,
             with
             the
             aid
             and
             assistance
             of
             the
             Bishop
             of
             Hereford
             ,
             who
             was
             licensed
             by
             the
             Pope
             to
             borrow
             money
             in
             the
             name
             of
             the
             Abbeys
             ,
             and
             Monasteries
             ,
             and
             to
             pawne
             their
             goods
             for
             the
             payment
             thereof
             .
             Which
             he
             so
             effected
             ,
             that
             the
             money
             went
             to
             the
             Pope
             ,
             but
             the
             bond
             laid
             upon
             the
             Abbats
             and
             Priours
             ;
             which
             they
             were
             compelled
             to
             pay
             ,
             together
             with
             the
             costs
             and
             damages
             ,
             and
             interests
             .
             The
             pretence
             was
             ,
             that
             that
             money
             should
             be
             imployed
             to
             the
             use
             of
             the
             Abbeys
             ,
             and
             Monasteries
             .
             But
             for
             feare
             ,
             least
             the
             jugling
             should
             bee
             discovered
             ,
             he
             tooke
             a
             course
             to
             hinder
             the
             thing
             from
             ever
             comming
             to
             tryall
             by
             any
             meanes
             whatsoever
             .
             An
             English
             Historian
             after
             he
             hath
             delivered
             this
             relation
             ,
             addes
             these
             words
             ,
             
             
               These
               things
               ,
               and
               others
               like
               detestable
               ,
               O
               shame
               !
               O
               griefe
               !
               did
               spring
               at
               that
               time
               from
               the
               sulphureous
               fountaine
               of
               the
               Church
               of
            
             Rome
             .
             The
             same
             M.
             Rustand
             had
             commission
             to
             levie
             the
             tenth
             of
             the
             goods
             in
             
               England
               ,
               Scotland
            
             ,
             and
             Ireland
             ,
             and
             to
             raise
             some
             other
             great
             and
             intolerable
             exactions
             ,
             with
             injust
             actions
             ,
             and
             contumelious
             speeches
             ,
             heare
             what
             the
             ●ame
             Authour
             sayes
             of
             it
             .
             
             
               At
               that
               time
            
             Rustand
             
               called
               all
               the
               Bishops
               
               of
            
             England
             
               together
               at
            
             London
             ,
             
               by
               virtue
               of
               the
               Popes
               authority
               ,
            
             
             
               to
               heare
               his
               commission
               :
               where
               being
               met
               after
               the
               faculties
               of
               the
               said
            
             Rustand
             
               were
               read
               ,
               he
               brake
               with
               them
               ,
               requiring
               of
               them
               all
               an
               infinite
               summe
               of
               money
               ,
               by
               virtue
               of
               certaine
               writings
               full
               of
               injury
               and
               injustice
               ,
               which
               might
               have
               deeply
               wounded
               the
               hearts
               of
               the
               most
               patient
               men
               :
               if
               that
               sum
               had
               beene
               levied
               ,
               the
               Church
               of
            
             England
             ,
             
               yea
               the
               whole
               kingdome
               should
               have
               undergone
               a
               most
               base
               servitude
               ,
               and
               beene
               throwne
               into
               an
               irrecoverable
               poverty
               .
            
             Afterwards
             he
             commanded
             his
             debts
             to
             be
             discharged
             by
             the
             English
             Clergy
             ,
             
             writing
             to
             this
             or
             that
             Bishop
             by
             name
             to
             pay
             such
             a
             sum
             ,
             excommunicating
             such
             as
             were
             refractory
             .
             There
             are
             an
             infinite
             examples
             of
             the
             like
             nature
             ,
             recorded
             by
             Historians
             from
             age
             to
             age
             ,
             which
             witnesse
             unto
             us
             ,
             that
             this
             is
             not
             a
             fault
             personall
             ,
             but
             perpetuall
             and
             Papall
             .
          
           
             31
             Nor
             hath
             England
             only
             made
             these
             complaints
             .
             France
             also
             hath
             divers
             times
             groaned
             ,
             and
             appeared
             to
             bee
             in
             a
             kinde
             inslaved
             .
             
               Nicholas
               de
               Clemangiis
            
             ,
             a
             French
             Devine
             makes
             a
             long
             and
             ample
             description
             of
             the
             taxes
             and
             subsidies
             of
             the
             Popes
             ;
             amongst
             which
             he
             ranks
             the
             imposition
             of
             tenths
             ,
             &
             divers
             other
             tributes
             ;
             
               What
               shall
               I
               say
               of
               the
               spoyling
               of
               Prelates
               ?
               of
               the
               too
               too
               usuall
               tenths
               ,
               and
               of
               other
               taxations
               ?
            
             And
             a
             little
             after
             ,
             
             
               What
               should
               I
               doe
               setting
               down
               particularly
               an
               infinite
               company
               of
               other
               tributary
               impositions
               ,
               which
               are
               dayly
               exacted
               of
               the
               most
               infortunate
               Clergy
               ?
            
             The
             Pragmatique
             of
             S.
             Lewes
             is
             very
             observable
             concerning
             this
             point
             ;
             
               Item
               ,
               we
               will
               not
               in
               any
               wise
               ,
               that
               there
               bee
               any
               levie
               or
               collections
               made
               of
               the
               charges
               and
               exactions
               of
               moneys
               ,
               imposed
               by
               the
               Court
               of
            
             Rome
             ,
             
               upon
               the
               Churches
               of
               our
               Realme
               ,
               by
               meanes
               whereof
               ,
               our
               said
               Realme
               hath
               beene
               impoverished
               .
            
             Nor
             is
             it
             lesse
             considerable
             which
             
               Matthew
               Paris
            
             relates
             ,
             to
             have
             happened
             under
             that
             Prince
             ;
             
             
               About
               the
               same
               time
            
             (
             saith
             hee
             )
             
               the
               Pope
               sent
               his
               authentique
               letters
               to
               all
               the
               Bishops
               in
            
             France
             ,
             
               in
               particular
               by
               his
               solemne
               Nuncioes
               ,
               to
               the
               Predicants
               ,
               and
               Minorites
               ,
               intreating
               them
               that
               every
               one
               of
               them
               ,
               according
               to
               his
               ability
               ,
               would
               furnish
               him
               with
               a
               certaine
               summe
               of
               money
               ,
               which
               hee
               would
               undoubtedly
               repay
               so
               soone
               as
               he
               begun
               to
               get
               breath
               .
               This
               comming
               to
               the
               Kings
               eare
               ,
               who
               suspected
               the
               avarice
               of
               the
               Court
               of
            
             Rome
             ,
             
               hee
               sent
               out
               prohibitions
               ,
               that
               no
               Prelate
               of
               his
               Realme
               should
               impoverish
               his
               countrey
               in
               that
               kinde
               ,
               upon
               paine
               of
               forfeiting
               all
               his
               goods
               .
               And
               so
               those
               sophisticall
               Legats
               of
               the
               Pope
               ,
               upon
               whose
               shoulders
               this
               charge
               was
               laid
               ,
               returned
               out
               of
               the
               Realme
               empt●-handed
               ,
               with
               hissings
               and
               mockings
               .
            
             He
             means
             Innocent
             the
             4
             ,
             in
             whose
             time
             King
             Lewes
             raigned
             ,
             the
             yeer
             1247
             ,
             what
             time
             this
             was
             done
             .
             This
             was
             the
             Pope
             ,
             who
             so
             soone
             as
             he
             was
             come
             to
             Lyons
             to
             hold
             his
             Councell
             ,
             wherein
             he
             excommunicated
             the
             Emperour
             Frederick
             ,
             made
             such
             a
             pitifull
             complaint
             of
             his
             poverty
             ,
             and
             the
             great
             summes
             of
             money
             which
             hee
             ought
             ,
             that
             our
             French
             Prelats
             shifted
             themselves
             to
             their
             very
             shirts
             ,
             to
             exercise
             their
             charity
             towards
             him
             ;
             without
             sparing
             either
             gold
             ,
             silver
             ,
             moveables
             ,
             apparell
             ,
             vessels
             ,
             horses
             ,
             or
             other
             things
             ;
             whereby
             hee
             got
             an
             inestimable
             treasure
             .
          
           
             32
             But
             the
             story
             of
             the
             Abbat
             of
             S.
             Dennis
             is
             memorable
             ,
             
             who
             having
             extorted
             great
             summes
             of
             money
             out
             of
             his
             Abbey
             ,
             to
             present
             unto
             the
             Pope
             as
             others
             did
             ,
             in
             hopes
             to
             be
             made
             one
             day
             an
             Archbishop
             ,
             S.
             Lewes
             the
             King
             ,
             as
             Patron
             of
             that
             Abbey
             ,
             compelled
             him
             to
             repay
             the
             said
             summe
             out
             of
             his
             owne
             purse
             .
             Charles
             the
             6
             in
             a
             Decree
             made
             February
             the
             18
             ,
             1406
             ;
             
               They
               take
               occasion
               to
               reserve
               the
               first-fruits
               in
               the
               vacancies
               ,
               and
               to
               extort
               great
               summes
               of
               money●
               wherby
               the
               kingdome
               is
               exhausted
               ,
               and
               to
               thrust
               themselves
               upon
               the
               Popedome
               ,
               for
               to
               enrich
               and
               preferre
               both
               them
               and
               theirs
               .
            
             And
             in
             another
             Decree
             made
             the
             same
             yeere
             ,
             he
             accounts
             this
             amongst
             other
             extortions
             ;
             
               Imposing
               tenths
               and
               other
               subsidies
               at
               their
               pleasure
               ,
               without
               ever
               consulting
               with
               the
               rest
               of
               the
               Bishops
               about
               it
               ;
               in
               the
               raising
               whereof
               ,
               there
               is
               no
               meane
               observed
               either
               of
               justice
               or
               equity
               .
            
             And
             in
             another
             made
             in
             March
             1418.
             
             
               That
               an
               infinite
               deale
               
               of
               gold
               and
               silver
               ,
            
             
             
               and
               rents
               were
               transported
               out
               of
               the
               Kingdome
               and
               the
               Province
               of
            
             Dauphiny
             ,
             
               to
               the
               prejudice
               of
               the
               ancient
               customes
               ,
               and
               the
               undoing
               of
               the
               Realme
               ,
               to
               the
               irreparable
               losse
               and
               damage
               of
               the
               Common-wealth
               ,
               and
               the
               miserable
               desolation
               of
               the
               Churches
               ,
               aswell
               such
               as
               were
               of
               royall
               foundation
               as
               others
               .
            
             We
             will
             here
             relate
             what
             Marsilius
             saith
             of
             tenths
             ;
             
             
               So
               that
               this
               Bishop
            
             (
             speaking
             of
             the
             Pope
             )
             
               seeking
               to
               get
               this
               jurisdiction
               over
               earthly
               Princes
               ,
               although
               wrongfully
               ,
               by
               such
               a
               kind
               of
               distribution
               ,
               or
               donation
               of
               such
               like
               temporall
               ,
               matters
               ,
               of
               benefices
               ,
               and
               tenths
               ,
               (
               which
               when
               I
               looke
               upon
               all
               Kingdomes
               at
               once
               ,
               doe
               amount
               to
               an
               inestimable
               deal
               )
               hee
               may
               stir
               up
               a
               great
               deal
               of
               sedition
               ;
               and
               indeed
               hath
               ever
               hithertowards
               so
               done
               ,
               and
               doth
               yet
               ,
               more
               especially
               in
               the
               Catholique
               Empire
               of
               the
            
             Romans
             .
          
           
             33
             The
             Popes
             do
             likewise
             claim
             unto
             themselves
             the
             spoyles
             and
             inheritance
             of
             the
             rest
             of
             the
             Clergy
             ,
             &
             therefore
             have
             denyed
             them
             so
             much
             power
             as
             to
             make
             their
             wils
             and
             dispose
             of
             their
             owne
             goods
             .
             Concerning
             which
             wee
             have
             already
             heard
             the
             testimony
             of
             
               Nicholas
               Clemangius
            
             ;
             let
             us
             now
             heare
             what
             Marsilius
             of
             Padua
             saith
             ;
             
             
               Adde
               hereunto
            
             (
             saith
             he
             )
             
               a
               new
               branch
               of
               that
               root
               ,
               how
               that
               the
               Bishop
               of
            
             Rome
             ,
             
               by
               virtue
               of
               that
               plenitude
               of
               power
               ,
               hath
               forbidden
               all
               such
               as
               have
               any
               Ecclesiasticall
               preferments
               in
               what
               place
               soever
               ,
               to
               make
               any
               testament
               without
               leave
               from
               him
               ;
               and
               hath
               decreed
               that
               their
               goods
               shall
               devolve
               immediatly
               to
               his
               See
               ,
               whether
               they
               dye
               intestate
               or
               otherwise
               .
               Charles
            
             the
             6
             in
             an
             Ordinance
             of
             his
             ,
             dated
             October
             6
             ,
             1385
             ,
             registred
             in
             the
             old
             booke
             of
             Ordinances
             ,
             which
             is
             at
             the
             Parliament
             of
             
               Paris
               ,
               folio
            
             114
             ;
             
               That
               our
               judges
               doe
               not
               in
               any
               case
               permit
               the
               goods
               of
               such
               as
               die
               ,
               to
               bee
               transferred
               to
               the
               Pope
               ;
               but
               to
               their
               heirs
               or
               executors
               ,
               or
               others
               to
               whom
               the
               said
               goods
               of
               right
               appertaine
               .
            
             And
             in
             another
             of
             the
             18
             of
             February
             1406
             ,
             
               Certaine
               Co●●ectors
               ,
               and
               other
               the
               Pope
               of
            
             Romes
             
               officers
               particularly
               for
               his
               moneys
               ,
               have
               for
               some
               yeeres
               of
               late
               oppressed
               and
               vexed
               the
               Church
               and
               Churchmen
               of
               our
               Realme
               and
               Province
               of
            
             Dauphiny
             ,
             
               by
               an
               insufferable
               slavery
               ,
               in
               seizing
               upon
               the
               goods
               of
               the
               Bishops
               and
               Clergy
               men
               ,
               both
               Regulars
               and
               Seculars
               ,
               presently
               upon
               their
               decease
               .
               Matthew
               Paris
            
             saith
             ,
             
             that
             Innocent
             the
             4
             made
             a
             constitution
             touching
             this
             point
             ;
             
               Hereupon
               he
               made
            
             (
             saith
             he
             )
             
               a
               new
               and
               unheard
               of
               law
               ,
               that
               if
               any
               Clergy
               man
               from
               thenceforth
               should
               die
               intestate
               ,
               his
               goods
               should
               be
               converted
               to
               the
               Popes
               use
               .
               Matthew
               Westminster
            
             confirmes
             it
             ;
             
             
               The
               Pope
            
             (
             saith
             he
             ,
             speaking
             of
             Innocent
             the
             4
             )
             
               reached
               out
               his
               hands
               further
               to
               get
               and
               grasp
               within
               the
               clutches
               of
               his
               covetousnesse
               ,
               the
               goods
               of
               all
               such
               as
               dyed
               intestate
               ,
               not
               without
               wrong
               and
               damage
               on
               the
               behalfe
               of
               Princes
               .
            
             And
             even
             till
             this
             day
             they
             exact
             and
             levie
             certaine
             taxes
             of
             the
             Stues
             and
             Courtesans
             ,
             whom
             they
             tolerate
             by
             reason
             of
             that
             infamous
             gaine
             which
             they
             reap
             from
             thence
             .
             
               Nicholas
               Clemangius
            
             doth
             abhorre
             this
             villany
             ;
             
             
               I
               purposely
               passe
               over
               those
               things
            
             (
             saith
             he
             )
             
               which
               it
               is
               a
               shame
               to
               speake
               ;
               as
               the
               open
               toleration
               of
               whoredome
               for
               a
               certaine
               yeerely
               summe
               ;
               and
               the
               publique
               permission
               of
               whores
               and
               Concubines
               ,
               who
               are
               now
               called
               by
               a
               common
               by
               name
               ,
            
             YEERLY
             KINE
             .
             And
             thus
             must
             those
             verses
             of
             Mantuan
             bee
             understood
             ,
             unlesse
             wee
             will
             put
             some
             mysticall
             sense
             upon
             them
             ;
             
               
                 
                   
                   —
                   Roma
                   ips●
                   lupanar
                
                 
                   Reddita
                   ,
                   foemineo
                   Petri
                   domus
                   oblita
                   fluxu
                
                 
                   Ad
                   Stygios
                   ●let
                   usque
                   lares
                   ,
                   incestat
                   Olympum
                
                 
                   Nidore
                   hoc
                   ,
                   facta
                   est
                   toto
                   execrabilis
                   orbe
                   .
                
              
               
                 
                   Rome
                   now
                   a
                   stew's
                   ,
                   where
                   Peter
                   once
                   did
                   dwell
                   ,
                
                 
                   Infect
                   with
                   female
                   flux
                   ,
                   doth
                   beastly
                   smell
                
                 
                   Downe
                   to
                   the
                   Stygian
                   vaults
                   ,
                   up
                   to
                   the
                   skyes
                   ;
                
                 
                   And
                   is
                   growne
                   loathsome
                   in
                   the
                   whole
                   worlds
                   eyes
                   .
                
              
            
             
             It
             will
             not
             be
             amisse
             to
             adde
             in
             this
             place
             what
             the
             Deputies
             of
             Paul
             the
             third
             said
             concerning
             this
             point
             ,
             
             in
             their
             consultation
             about
             the
             reformation
             of
             the
             Church
             ;
             
               Besides
               ,
               the
               whores
               in
               this
               City
               passe
               along
               the
               streets
               as
               honest
               women
               ,
               and
               ride
               upon
               their
               mules
               ,
               attended
               on
               the
               high
               light
               day
               by
               the
               chiefest
               servants
               or
               retainers
               of
               Cardinals
               ,
               and
               by
               Clergy
               men
               .
               Wee
               have
               not
               seene
               the
               like
               corruption
               in
               any
               oth●r
               City
               save
               this
               ,
               which
               is
               an
               example
               to
               others
               .
               Besides
               ,
               they
               dwell
               in
               the
               fairest
               houses
               .
               This
               vile
               abuse
               ought
               to
               be
               corrected
               .
            
          
        
         
           
             CHAP.
             V.
             Exactions
             under
             pretence
             of
             a
             Holy
             VVarre
             .
          
           
             1
             BVt
             behold
             a
             kind
             of
             sacriledge
             which
             outstrips
             all
             the
             rest
             :
             Namely
             ,
             that
             they
             have
             divers
             times
             served
             themselves
             of
             Croysada's
             for
             the
             conquering
             of
             the
             Holy
             Land
             ,
             or
             making
             warre
             against
             the
             Turks
             ,
             to
             make
             a
             hand
             and
             scrape
             up
             money
             by
             that
             meanes
             .
             
               Matthew
               Paris
            
             relates
             it
             thus
             ,
             
             
               At
               the
               same
               time
               my
               Lord
               Legat
               received
               a
               commission
               from
               the
               Pope
               ,
               to
               wipe
               faithfull
               people
               of
               their
               money
               by
               another
               tricke
               ;
               in
               such
               sort
               ,
               as
               shall
               appeare
               to
               the
               observing
               reader
               in
               this
               following
               script
               .
            
             
               Such
               and
               such
               a
               Bishop
               to
               our
               welbeloved
               sons
               ,
               all
               the
               Archdeacons
               within
               our
               Dioces
               ,
               greeting
               .
               We
               have
               received
               letters
               from
               my
               Lord
               Legat
               ,
               the
               tenure
               whereof
               runnes
               thus
               ;
               Otho
               .
               &c.
               Being
               given
               to
               understand
               ,
               that
               certain
               English
               men
               crossed
               for
               the
               Holy
               wars
               ,
               which
               are
               not
               of
               ability
               for
               that
               service
               ,
               have
               recourse
               unto
               the
               See
               Apostolique
               to
               bee
               absolved
               from
               the
               vow
               of
               the
               crosse
               which
               they
               had
               made
               ;
               having
               also
               received
               a
               cōmission
               from
               the
               supreme
               Bishop
               ,
               not
               only
               to
               absolue
               them
               ,
               but
               also
               to
               compell
               them
               to
               redeeme
               their
               vowes
               ;
               being
               pleased
               herein
               to
               ease
               them
               of
               some
               paines
               and
               charges
               :
               wherefore
               we
               command
               your
               fatherdome
               ,
               by
               virtue
               of
               the
               authority
               committed
               unto
               us
               &
               withall
               intreat
               you
               ,
               that
               you
               cause
               this
               power
               of
               ours
               ,
               granted
               by
               our
               holy
               Father
               the
               Pope
               ,
               ●o
               be
               forthwith
               published
               throughout
               your
               Dioces
               ,
               to
               the
               end
               that
               the
               said
               crosse-bearers
               may
               repaire
               unto
               us
               ,
               to
               receive
               that
               courtesie
               ,
               according
               to
               the
               forme
               prescribed
               unto
               us
               .
            
             Speaking
             of
             the
             Councell
             of
             Lyons
             under
             Innocent
             the
             fourth
             ,
             where
             the
             Croisada
             for
             the
             conquering
             of
             the
             Holy
             Land
             was
             agreed
             upon
             .
          
           
             2
             
               As
               for
               the
               businesse
               of
               the
               Crosse
            
             (
             saith
             he
             )
             
               there
               were
               somethings
               determined
               at
               the
               Councell
               ,
            
             
             
               very
               profitably
               and
               wisely
               ,
               but
               as
               soone
               as
               the
               contribution
               of
               money
               was
               mentioned
               ,
               they
               contradicted
               the
               Pope
               openly
               and
               to
               his
               face●
               even
               because
               of
               that
               addition
               which
               was
               generally
               odious
               .
               That
               they
               should
               contribute
               their
               aid
               and
               reliefe
               ,
               by
               the
               hands
               of
               such
               as
               should
               be
               appointed
               for
               the
               purpose
               by
               the
               providence
               Apostolique
               for
               as
               much
               as
               the
               faithfull
               in
               the
               Chu●ch
               have
               very
               often
               complained
               ,
               that
               they
               have
               beene
               cheated
               by
               the
               Court
               of
            
             Rome
             
               of
               the
               money
               which
               they
               bestowed
               for
               the
               maintenance
               of
               the
               Holy
               Land.
               
            
          
           
             3
             A
             German
             Monke
             and
             Historian
             ,
             chargeth
             Leo
             the
             tenth
             ,
             
             with
             levying
             a
             great
             summe
             of
             money
             for
             himselfe
             and
             his
             Cardinals
             ,
             under
             pretence
             of
             a
             warre
             against
             the
             
               Turke
               .
               At
               the
               same
               time
               he
               created
            
             (
             saith
             hee
             )
             
               other
               thirty
               Cardinals
               ,
               of
               whom
               he
               received
               by
               compact
               fifty
               thousand
               crownes
               :
               hee
               had
               put
               them
               in
               some
               faire
               hopes
               ,
               but
               being
               either
               not
               able
               or
               not
               willing
               to
               performe
               his
               promises
               truely
               out
               of
               S.
            
             Peters
             
               patrimony
               ;
               however
               to
               stop
               their
               mouths
               and
               keepe
               covenants
               ,
               he
               invented
               this
               meanes
               ,
               or
               rather
               this
               cheat
               and
               cosenage●
               to
               
               send
               foure
               of
               his
               Legates
               into
               divers
               parts
               of
               the
               world
               ,
            
             
             
               to
               levie
               a
               huge
               masse
               of
               m●ney
               under
               pretence
               of
               a
               war
               with
               the
            
             Turke
             .
             
               And
               that
               with
               many
               indulgences
               ,
               to
               the
               end
               that
               he
               might
               deal
               amongst
               those
               new
               creatures
               of
               his
               ,
               the
               Cardinals
               ,
               all
               the
               money
               that
               was
               collected
               by
               this
               device
               .
            
             Hee
             addes
             another
             trick
             ,
             no
             lesse
             impious
             than
             the
             former
             ;
             Otherwhiles
             (
             saith
             he
             )
             
               he
               is
               inforced
               with
               great
               greedinesse
               to
               scrape
               up
               money
               by
               hooke
               and
               crooke
               out
               of
               all
               parts
               of
               Christendome
               ,
               but
               especially
               out
               of
            
             Germany
             ,
             
               by
               means
               of
               his
               Commissaries
               sent
               with
               his
               indulgences
               ,
               under
               colour
               of
               building
               and
               repairing
               S.
            
             Peters
             
               Church
               :
               howbeit
               Pope
            
             Iulius
             
               his
               predecessour
               ,
               who
               begun
               that
               work
               with
               great
               care
               and
               magnificene
               ,
               left
               an
               infinite
               treasure
               to
               that
               end
               .
               Yet
               the
               worke
               begunne
               goes
               but
               softly
               and
               slowly
               on
               :
               and
               no
               marvell
               ,
               considering
               that
               the
               stones
               which
               are
               hewen
               by
               day
               ,
               are
               (
               as
               it
               is
               reported
               )
               secretly
               carried
               away
               by
               night
               to
               the
               great
               Palace
               of
               the
            
             Medici
             at
             Florence●
             
               which
               is
               now
               a
               building
               ;
               and
               the
               money
               which
               was
               collected
               is
               not
               bestowed
               upon
               the
               building
               ,
               nor
               imployed
               against
               the
               Infidels
               ,
               but
               distributed
               amongst
               the
               Cardinals
               and
               the
               Popes
               minions
               .
               Guicciardine
            
             saith
             ,
             
             his
             sister
             Magdalen
             had
             a
             good
             share
             of
             it
             ,
             and
             that
             it
             was
             not
             done
             in
             hugger
             mugger
             .
          
           
             4
             Besides
             ,
             they
             served
             themselves
             of
             these
             Croisada's
             and
             indulgences
             to
             wreake
             their
             malice
             ,
             or
             strengthen
             their
             purposes
             ,
             to
             the
             disturbance
             and
             confusion
             of
             all
             Christendome
             .
             An
             English
             Monke
             of
             good
             credit
             ,
             tels
             us
             how
             Vrban
             the
             second
             had
             this
             bad
             designe
             ,
             when
             hee
             caused
             the
             conquest
             of
             the
             Holy
             Land
             to
             be
             undertaken
             at
             the
             Councell
             of
             
               Cleremont
               ;
               In
               the
               yeer
               of
               grace
            
             1095
             ,
             (
             saith
             he
             )
             Pope
             Vrban
             
               the
               second
            
             ,
             
             
               who
               sat
               in
               the
               See
               Apostolique
               ,
               having
               passed
               the
            
             Alpes
             ,
             
               came
               into
            
             France
             :
             
               the
               cause
               of
               his
               comming
               which
               was
               publiquely
               given
               out
               ,
               was
               ,
               that
               being
               chased
               out
               of
            
             Rome
             
               by
               the
               violence
               of
            
             Gilbert
             ,
             
               hee
               came
               to
               sollicite
               the
               Churches
               on
               this
               side
               the
               mountaines
               to
               assist
               his
               Holynesse
               :
               but
               his
               more
               private
               end
               was
               never
               given
               abroad
               ;
               which
               was
               ,
               that
               by
               the
               advice
               of
            
             Boadmond
             ,
             
               he
               might
               stir
               up
               all
            
             Europe
             
               to
               make
               war
               in
            
             Asia
             ,
             
               to
               the
               end
               that
               in
               the
               generall
               hurly
               burly
               of
               all
               Provinces
               ,
            
             Vrban
             
               might
               with
               case
               possesse
               himselfe
               of
            
             Rome
             ;
             and
             Boadmond
             of
             Illyrium
             and
             Macedonia
             ,
             
               after
               they
               had
               consulted
               with
               such
               as
               were
               to
               assist
               them
               .
            
          
           
             5
             Alexander
             the
             fourth
             turned
             the
             vow
             of
             Ierusalem
             into
             a
             vow
             of
             Apulia
             ,
             in
             the
             case
             of
             Henry
             the
             third
             King
             of
             England
             ;
             
             that
             is
             a
             crosse
             of
             devotion
             into
             a
             crosse
             of
             revenge
             .
             
               The
               Pope
               gave
               his
               Legats
               power
               to
               absolve
               the
               crosse-bearing
               King
               of
               his
               vow
               ,
               dispensing
               with
               him
               for
               going
               to
            
             Ierusalem
             ,
             
               alwayes
               provided
               that
               he
               should
               goe
               into
            
             Apulia
             ,
             
               to
               make
               war
               upon
            
             Manfred
             ,
             
               the
               son
               of
            
             Frederick
             
               late
               Emperour
               ,
               an
               arch
               enemy
               of
               the
               Church
               of
            
             Rome
             .
             The
             English
             authour
             who
             relates
             this
             story
             ,
             complaines
             in
             another
             place
             ,
             
             
               that
               the
               tenth
               was
               granted
               for
               the
               reliefe
               of
               the
               Holy
               Land
               ,
               and
               we
               are
               compelled
               to
               turne
               it
               to
               the
               aid
               of
            
             Apulia
             ,
             
               against
               the
               Christians
            
             .
          
           
             6
             A
             Croisada
             for
             the
             conquering
             of
             the
             Holy
             Land
             being
             resolved
             upon
             at
             the
             Councell
             of
             Vienna
             ,
             under
             Clement
             the
             fifth
             ;
             Philip
             the
             Faire
             and
             his
             three
             sons
             ,
             as
             also
             Edward
             King
             of
             England
             tooke
             up
             the
             crosse
             to
             go
             thither
             in
             person
             ,
             with
             an
             infinite
             number
             of
             men
             besides
             ,
             
               Then
               did
               Pope
            
             Clement
             (
             saith
             an
             old
             French
             Chronicle
             )
             
               grant
               great
               indulgences
               to
               such
               as
               could
               not
               goe
               ,
               but
               on
               condition
               ,
               that
               they
               should
               finde
               money
               for
               that
               use
               :
               So
               as
               he
               that
               gave
               a
               penny
               was
               to
               have
               one
               yeers
               pardon
               ,
               he
               that
               gave
               twelve
               pence
               ,
               twelve
               yeers
               pardon
               ,
               and
               he
               that
               would
               give
               as
               much
               as
               would
               maintaine
               a
               man
               going
               over
               seas
               ,
               a
               plenary
               pardon
               for
               all
               .
               And
               the
               Pope
               appointed
               certaine
               men
               whom
               he
               put
               in
               trust
               for
               the
               receiving
               of
               this
               money
               .
               A
               man
               cannot
               conceive
               the
               great
               summes
               of
               money
               that
               were
               given
               for
               the
               purchasing
               of
               these
               pardons
               for
               five
               yeeres
               together
               :
               And
               when
               five
               yeeres
               were
               gone
               and
               past
               ,
               and
               the
               good
               men
               were
               ready
               to
               goe
               and
               performe
               what
               they
               had
               promised
               and
               vowed
               ,
               the
               businesse
               was
               brooke
               off
               ,
               but
               the
               Pope
               kept
               the
               money
               ,
               the
               Marques
               his
            
             Nephew
             
               had
               a
               share
               of
               it
               ,
               and
               the
               King
               ,
               and
               other
               who
               had
               taken
               the
               crosse
               stayed
               here
               at
               home
               .
               The
            
             Saracens
             
               there
               are
               in
               
               peace
               and
               quietnesse
               ,
               and
               I
               thinke
               they
               may
               yet
               sleepe
               securely
               .
            
             
          
           
             7
             The
             same
             Pope
             Leo
             ,
             whom
             we
             spoke
             of
             before
             ,
             caused
             in
             his
             time
             the
             tenth
             of
             all
             Ecclesiasticall
             revenues
             to
             be
             levied
             in
             some
             places
             ,
             under
             colour
             of
             defending
             the
             Christian
             Common-wealth
             against
             the
             Turk
             ,
             but
             indeed
             to
             put
             it
             into
             his
             owne
             purse
             .
             This
             was
             the
             cause
             he
             found
             such
             strong
             opposition
             in
             Spaine
             ,
             that
             it
             was
             th●re
             resolved
             by
             th●
             Clergy
             Synodically
             assembled
             ,
             that
             they
             would
             not
             pay
             any
             thing
             to
             it
             .
             The
             Ar●hbishop
             of
             Toledo
             did
             presently
             interpose
             ,
             and
             told
             the
             Pope
             by
             his
             Proctour
             ,
             that
             if
             his
             meaning
             was
             to
             make
             war
             against
             the
             Turk
             ,
             he
             should
             declare
             himselfe
             openly
             ,
             which
             done
             they
             would
             imploy
             the
             best
             of
             their
             abilities
             ,
             but
             not
             otherwise
             .
             Which
             the
             Pope
             perceiving
             ,
             he
             disavowed
             the
             act
             of
             his
             Legat
             in
             Spaine
             in
             requiring
             the
             tenth
             ,
             because
             (
             said
             he
             )
             he
             was
             too
             hasty
             ,
             and
             it
             should
             not
             have
             been
             levied
             yet
             .
             But
             let
             us
             heare
             the
             Spanish
             authour
             himselfe
             tell
             the
             story
             .
             
             
               Nor
               did
               bee
               use
               lesse
               diligence
            
             (
             speaking
             of
             the
             Archhishop
             of
             Toledo
             )
             
               in
               appeasing
               the
               commotions
               of
               the
               Clergy
               which
               were
               then
               a
               foot
               ,
               by
               reason
               that
               Pope
            
             Leo
             
               the
               tenth
            
             ,
             (
             
               by
               authority
               of
               the
            
             Lateran
             Councell
             )
             
               required
               the
               tenth
               part
               of
               the
               commodity
               of
               their
               benefices
               of
               the
               Clergy
               .
               It
               was
               demanded
               under
               colour
               of
               defending
               the
               Christian
               Common-wealth
               ;
               for
               when
               it
               was
               supposed
               that
            
             Selim
             
               Emperour
               of
               the
            
             Turks
             ,
             
               having
               conquered
               the
            
             Sultan
             of
             Egypt
             ,
             
               and
               put
               him
               to
               an
               ignominious
               death
               would
               bend
               his
               forces
               against
            
             Italy
             :
             
               the
               Pope
               in
               the
               last
               act
               of
               the
            
             Lateran
             
               Councell
               ,
               treated
               with
               the
               Fathers
               there
               ,
               to
               have
               the
               tenth
               of
               their
               benefices
               for
               three
               yeers
               ,
               to
               defend
               the
               sea
               coast
               ,
               and
               fortifie
               the
               passage
               against
               the
               enemy
               to
               the
               utmost
               of
               his
               ability
               .
               This
               was
               denyed
               him
               by
               divers
               ,
               who
               thought
               it
               very
               hard
               to
               see
               their
               livings
               overcharged
               in
               that
               kinde
               ,
               contrary
               to
               the
               decrees
               of
               other
               Councels
               ,
               and
               the
               constitutions
               of
               the
               Popes
               ;
               especially
               seeing
               Christian
               Princes
               ,
               to
               whom
               the
               frontiers
               belonged
               ,
               were
               not
               mustering
               any
               armies
               nor
               made
               any
               semblance
               of
               war.
               The
               Pope
               on
               the
               otherside
               maintained
               ,
               that
               there
               was
               the
               like
               necessitie
               now
               as
               at
               the
               Councell
               of
            
             Constance
             under
             Martin
             
               the
               fifth
               .
               For
               what
               greater
               cause
               could
               there
               be
               to
               move
               them
               ,
               than
               the
               preparations
               of
               the
               publique
               enemy
               of
               Christianity
               for
               the
               invading
               of
            
             Italy
             and
             Rome
             ?
             
               The
               Clergy
               of
            
             Aragon
             ,
             (
             
               who
               were
               imboldened
               by
               the
               Bishop
               of
            
             Saragossa
             
               the
               Kings
               Lievetenant
               there
               ,
               and
               liberty
               which
               all
               in
               that
               Kingdome
               enjoy
            
             )
             
               at
               their
               meetings
               in
               provinciall
               Synods
               ,
               determined
               to
               deny
               the
               payment
               of
               those
               tenths
               .
               But
               forasmuch
               as
               it
               neerly
               concerned
               them
               to
               take
               the
               authority
               of
               the
               Archbishop
               of
            
             Toledo
             
               along
               with
               them
               ,
               who
               was
               in
               great
               account
               with
               the
               Pope
               ;
               aswell
               the
               Bishop
               of
            
             Saragossa
             
               as
               the
               other
               Bishops
               of
            
             Aragon
             
               intreated
               him
               by
               letters
               to
               undertake
               the
               cause
               of
               the
               Clergy
               ,
               and
               that
               he
               would
               not
               suffer
               ,
               being
               such
               a
               potent
               man
               in
               the
               Province
               as
               he
               was
               ,
               (
               wherein
               he
               outwent
               all
               his
               Predecessours
               )
               the
               immunities
               of
               the
               Clergy
               to
               bee
               so
               farre
               prejudiced
               .
            
             Ximenius
             ,
             
               who
               had
               taken
               order
               that
               it
               should
               not
               be
               put
               in
               execution
               in
            
             Castile
             ,
             
               answered
               them
               courteously
               and
               with
               all
               mildnesse
               ,
               promising
               them
               that
               he
               would
               doe
               whatsoever
               lay
               in
               his
               power
               ,
               for
               the
               preservation
               of
               their
               Ecclesiasticall
               liberty
               .
               But
               in
               the
               mean
               time
               he
               advised
               them
               to
               dissolve
               their
               assembly
               ,
               and
               expect
               in
               patience
               what
               would
               be
               the
               event
               of
               things
               ;
               that
               he
               would
               treat
               with
               the
               Pope
               and
               the
               Emperour
            
             Charles
             
               hereabout
               ,
               and
               that
               he
               hoped
               the
               issue
               would
               be
               to
               their
               content
               .
               Whereupon
               he
               thought
               fit
               in
               the
               first
               place
               to
               acquaint
               the
               Emperour
               ,
               to
               whom
               he
               writ
               his
               advice
               to
               this
               effect
               ;
               That
               seeing
               the
               Clergy
               of
            
             Aragon
             
               had
               begunne
               to
               oppose
               by
               calling
               of
               Synods
               ,
               that
               ours
               may
               have
               the
               like
               assemblies
               ,
               to
               examine
               the
               grounds
               of
               these
               exactions
               ,
               and
               try
               whether
               that
               were
               true
               which
               the
               Pope
               alledged
               or
               no
               ;
               providing
               that
               in
               imitation
               of
               the
               Kings
               of
            
             Spaine
             ,
             
               the
               Clergy
               did
               not
               meet
               to
               determine
               such
               controversies
               elsewhere
               than
               in
               the
               Kings
               Court.
               On
               the
               other
               side
               he
               writ
               to
            
             Arteaga
             
               his
               Proctour
               at
            
             Rome
             ,
             
               to
               goe
               and
               greet
               the
               Pope
               with
               all
               reverence
               ,
               and
               offer
               unto
               him
               in
               his
               name
               ,
               not
               only
               the
               tenths
               of
               his
               Dioces
               ,
               but
               even
               all
               the
               commodity
               ,
               all
               the
               moveables
               of
               the
               Churches
               ,
               all
               the
               gold
               and
               silver
               coyned
               or
               uncoyned
               ,
               which
               could
               
               be
               found
               in
               the
               Priests
               coffers
               ,
            
             
             
               and
               the
               Chappels
               and
               Churches
               ;
               but
               that
               he
               should
               earnestly
               intreat
               him
               withall
               ,
               openly
               to
               declare
               his
               purpose
               and
               resolution
               concerning
               the
               preparation
               of
               the
               Holy
               Warre
               .
               For
               he
               would
               never
               be
               a
               meanes
               to
               make
               the
            
             Spanish
             
               Clergy
               tributary
               (
               whom
               hee
               had
               appeased
               ,
               having
               been
               already
               in
               some
               commotion
               )
               without
               very
               just
               cause
               .
               He
               injoyned
               his
               Proctour
               also
               to
               inquire
               diligently
               ,
               what
               was
               the
               determination
               of
               the
               Councell
               of
            
             Lateran
             
               concerning
               those
               tenths
            
             .
             Arteaga
             
               having
               informed
               the
               Pope
               of
               these
               things
               ,
               together
               with
            
             Lawrence
             Putius
             ,
             and
             Iulius
             de
             Medicis
             ,
             
               Cardinals
               ,
               the
               Popes
               privado's
               ,
               they
               made
               him
               answer
               in
               this
               sort
               ;
               That
               the
               Pope
               had
               not
               as
               yet
               imposed
               any
               tenth
               upon
               the
               Clergy
               ,
               neither
               by
               authority
               of
               the
               Councell
               nor
               otherwise
               :
               Nor
               would
               he
               impose
               any
               but
               in
               case
               of
               extremity
               ,
               and
               when
               his
               affaires
               did
               not
               only
               require
               ,
               but
               compell
               him
               so
               to
               doe
               ,
               according
               to
               the
               last
               Decree
               of
               the
               Councell
               of
            
             Lateran
             .
             
               But
               he
               laid
               the
               blame
               upon
            
             Iohn
             Ruffus
             ,
             
               Archbishop
               of
            
             Cosenza
             
               the
               Popes
               Nuncio
               in
            
             Spaine
             ,
             
               who
               had
               (
               as
               they
               said
               )
               divulged
               these
               things
               very
               iudiscreetly
               .
               Wherefore
               the
               Clergy
               of
            
             Spaine
             
               might
               sleep
               secure
               for
               ought
               that
               concerned
               the
               paying
               of
               tenths
               .
               And
               there
               was
               besides
               a
               Bull
               of
               the
               Popes
               shewed
               to
               the
               Proctour
               ,
               which
               was
               shortly
               to
               bee
               published
               ,
               which
               concerned
               the
               Act
               of
               the
            
             Lateran
             
               Councell
               .
               Yet
            
             Ximenius
             ,
             
               so
               soone
               as
               hee
               understood
               all
               these
               passages
               from
            
             Arteaga
             ,
             
               did
               not
               let
               for
               all
               that
               to
               call
               the
               Clergy
               together
               ,
               who
               met
               all
               at
            
             Madrid
             ,
             
               a
               little
               before
               hee
               went
               to
            
             Tourverte
             .
             For
             Peter
             Martyr
             
               who
               was
               present
               at
               that
               Synod
               ,
               as
               Proctour
               of
               the
               Church
               of
            
             Granada
             (
             
               as
               appeares
               by
               his
               epistles
            
             )
             
               declares
               how
               that
               it
               was
               adjudged
               by
               common
               consent
               to
               deny
               that
               tenth
               ;
               which
               consultation
               was
               commended
               by
               the
               Archbishop
               of
            
             Toledo
             ,
             
               promising
               to
               patronize
               and
               defend
               it
               if
               need
               required
               .
               It
               is
               also
               plaine
               ,
               out
               of
               the
               Epistles
               of
            
             Bembus
             
               set
               out
               under
               the
               name
               of
            
             Leo
             ,
             
               that
               this
               tenth
               was
               really
               exacted
               ,
               and
               that
               it
               was
               no
               flying
               rumour
               or
               opinion
               .
               But
               ,
               as
               I
               thinke
               ,
               in
            
             Italy
             
               only
               ,
               or
               other
               of
               the
               Popes
               dominions
               .
            
          
        
         
           
             CHAP.
             VI.
             Of
             other
             demandes
             concerning
             the
             abuses
             of
             the
             Court
             of
             Rome
             .
          
           
             1
             COnsequently
             to
             what
             we
             have
             already
             delivered
             in
             the
             former
             Chapters
             ,
             concerning
             the
             greedinesse
             and
             insatiable
             desire
             of
             the
             Court
             of
             Rome
             ,
             we
             will
             set
             downe
             this
             certaine
             complaints
             and
             demands
             exhibited
             by
             the
             States
             of
             Germany
             in
             this
             behalfe
             :
             The
             first
             whereof
             shall
             be
             against
             the
             proviso's
             and
             clauses
             made
             at
             Rome
             concerning
             all
             maner
             of
             benefices
             ,
             to
             the
             defeating
             of
             the
             Patrons
             ,
             both
             Ecclesiasticall
             and
             Lay
             ,
             of
             their
             right
             of
             advowson
             by
             divers
             subtle
             fetches
             :
             And
             all
             this
             for
             the
             great
             wealth
             the
             Court
             of
             Rome
             gaines
             by
             this
             meanes
             ,
             and
             which
             is
             brought
             in
             thither
             out
             of
             all
             the
             Kingdomes
             and
             Provinces
             in
             Christendome
             .
             This
             demand
             deserved
             to
             have
             beene
             well
             considered
             of
             ,
             yet
             it
             was
             not
             ;
             it
             is
             attended
             with
             many
             grievous
             complaints
             hereof
             made
             in
             divers
             ages
             .
             The
             Statutes
             of
             our
             Kings
             speake
             throughly
             of
             it
             ,
             and
             amongst
             others
             ,
             that
             of
             Charles
             the
             eighth
             ,
             of
             the
             18
             of
             February
             1406
             ;
             the
             words
             whereof
             are
             these
             :
             
               Some
               yeers
               agoe
               the
               Popes
               of
            
             Rome
             ,
             
               in
               despite
               and
               contempt
               of
               the
               Decrees
               of
               ancient
               Fathers
               and
               Generall
               Councels
               ,
               have
               brought
               all
               Ecclesiastical
               dignities
               ,
               Cathedral
               ,
               and
               Collegiate
               
               under
               their
               disposall
               ,
            
             
             
               and
               all
               others
               of
               greatest
               value
               next
               after
               Bishopriques
               ;
               they
               have
               granted
               livings
               in
               reversions
               upon
               the
               Vacancie
               to
               any
               that
               would
               sue
               for
               them
               ,
               which
               hath
               beene
               an
               occasion
               for
               one
               to
               thirst
               after
               the
               death
               of
               another
               :
               They
               have
               invented
               abundance
               of
               tricks
               ,
               whereby
               they
               have
               utterly
               annihilated
               the
               power
               and
               authority
               of
               the
               Bishops
               ,
               Chapters
               ,
               and
               Colledges
               ;
               insomuch
               that
               there
               is
               none
               now
               that
               hath
               the
               power
               to
               present
               to
               a
               living
               .
            
             
          
           
             2
             S.
             Bernard
             toucheth
             this
             abuse
             to
             the
             quick
             ,
             in
             his
             books
             
               De
               Consideratione
            
             ,
             which
             he
             dedic●tes
             to
             Pope
             
               Eugenius
               ;
               Never
               tell
               mee
               of
               the
               words
               of
               the
               Apostles
               ,
               who
               saith
               ,
               Being
               free●
               I
               am
               made
               the
               servant
               of
               all
               .
               The
               case
               is
               far
               otherwise
               with
               you
               :
               for
               to
               my
               knowledge
               there
               come
               unto
               you
               from
               all
               parts
               of
               the
               world
               ,
               ambitious
               people
               ,
               covetous
               ,
               Symoniacall
               ,
               sacrilegious
               ,
               adulterous
               ,
               incestuous
               ,
               and
               such
               like
               monsters
               of
               men
               ,
               to
               obtaine
               ,
               or
               retaine
               Ecclesiasticall
               dignities
               by
               your
               Apostolique
               authoritie
               ,
               &c.
               
            
          
           
             3
             The
             Bishop
             of
             Mende
             put
             up
             this
             abuse
             in
             the
             Councell
             of
             Vienna
             to
             bee
             reformed
             .
             
             For
             after
             he
             had
             said
             that
             every
             Bishops
             jurisdiction
             ought
             to
             be
             preserved
             intire
             to
             himselfe
             ,
             he
             addes
             ,
             
               That
               Ecclesiasticall
               benefices
               which
               belong
               to
               the
               collation
               and
               disposall
               of
               Bishops
               are
               bestowed
               by
               the
               S●e
               Apostolique
               ,
               and
               others
               ,
               even
               before
               they
               be
               void
               ,
               and
               that
               not
               only
               in
               the
               Court
               of
            
             Rome
             ,
             
               but
               out
               of
               it
               ,
               howbeit
               the
               Bishops
               must
               give
               an
               account
               of
               the
               cure
               ,
               and
               of
               those
               that
               execute
               them
               ,
               whose
               consciences
               they
               are
               utterly
               ignorant
               of
               ,
               in
               asmuch
               as
               they
               are
               none
               of
               their
               preferring
               .
            
             He
             would
             never
             have
             demanded
             the
             reformation
             hereof
             ,
             unlesse
             the
             abuse
             had
             beene
             notorious
             .
          
           
             4
             Marsilius
             of
             Padua
             his
             contempora●y
             tels
             us
             as
             much
             ;
             
             
               The
               Bishops
               of
               Rome
               (
               saith
               he
               )
               reserve
               unto
               their
               owne
               power
               immediatly
               the
               bestowing
               almost
               of
               al
               Ecclesiastical
               Preferments
               ,
               yea
               even
               unto
               the
               meanest
               &
               basest
               o●●ices
               ;
               yea
               of
               such
               as
               may
               agree
               to
               meere
               Lay
               men
               ,
               for
               any
               thing
               that
               concernes
               Churches
               ,
               by
               meanes
               of
               which
               reservation
               ,
               they
               abrogate
               and
               make
               void
               all
               elections
               how
               legally
               soever
               they
               were
               made
               ,
               though
               of
               approved
               and
               sufficient
               men
               .
            
          
           
             5
             The
             Cardinall
             of
             Cambray
             puts
             this
             also
             amongst
             those
             things
             which
             ought
             to
             be
             reformed
             in
             the
             Church
             ;
             
             
               It
               is
               further
               expedient
            
             (
             saith
             he
             )
             
               to
               provide
               against
               certaine
               grievances
               which
               are
               offered
               to
               other
               Prelates
               and
               Churches
               by
               the
               Church
               of
            
             Rome
             ,
             
               namely
               about
               bestowing
               of
               livings
               and
               election
               of
               dignities
               ,
               Nicholas
               de
               Clemangiis
            
             makes
             a
             very
             bitter
             complaint
             against
             it
             in
             his
             Book
             
               De
               ruina
               &
               reparatione
               Ecclesiae
            
             ,
             
             where
             speaking
             of
             the
             Popes
             ,
             he
             saith
             ,
             
               They
               have
               arrogated
               unto
               themselves
               the
               right
               of
               disposing
               of
               all
               Churches
               ,
               in
               all
               places
               ,
               as
               farre
               as
               Christian
               Religion
               reacheth
               ,
               of
               all
               Bishopriques
               and
               dignities
               ,
               which
               are
               conferred
               by
               election
               ,
               voyding
               and
               disanulling
               the
               Decrees
               formerly
               made
               by
               the
               holy
               Fathers
               ,
               with
               so
               much
               care
               and
               commodity
               ,
               that
               so
               they
               may
               by
               this
               meanes
               fill
               their
               owne
               budgets
               the
               better
               .
               And
               a
               little
               after
               ;
            
             
               But
               it
               may
               be
               peradventure
               that
               the
               Bishops
               of
               Rome
               tooke
               the
               creation
               of
               other
               Bishops
               ,
               and
               disposall
               of
               the
               highest
               dignities
               in
               the
               Church
               into
               their
               owne
               hands
               ,
               quite
               abolishing
               all
               elections
               ,
               to
               the
               end
               that
               by
               their
               providence
               the
               Churches
               might
               be
               the
               better
               provided
               for
               ,
               and
               that
               such
               governours
               might
               bee
               set
               over
               them
               ,
               as
               are
               most
               commendable
               for
               their
               life
               ,
               and
               excellent
               for
               their
               learning
               .
               It
               might
               bee
               thought
               that
               this
               were
               the
               reason
               indeed
               if
               the
               thing
               it self
               proclaiming
               the
               contrary
               ,
               did
               not
               make
               it
               apparent
               ,
               that
               since
               this
               custome
               was
               used
               ,
               there
               have
               beene
               none
               but
               dunses
               ,
               worldlings
               ,
               money
               men
               ,
               and
               such
               as
               were
               raised
               to
               those
               dignities
               by
               Simony
               .
            
             And
             againe
             ,
             
               But
               to
               the
               end
               that
               the
               rivers
               of
               gold
               derived
               from
               all
               parts
               ,
               may
               flow
               unto
               them
               in
               a
               fuller
               streame
               ,
               they
               have
               taken
               away
               the
               power
               of
               presentations
               ,
               and
               the
               liberty
               of
               bestowing
               and
               disposing
               of
               benefices
               by
               any
               meanes
               whatsoever
               ,
               from
               all
               Diocesans
               and
               lawfull
               patrons
               :
               Forbidding
               them
               ,
               upon
               paine
               of
               Anathema
               ,
               rashly
               to
               presume
               (
               for
               so
               their
               writs
               run
               )
               
               to
               institute
               any
               person
               into
               any
               benefice
               within
               their
               jurisdiction
               ,
               
               till
               such
               time
               as
               some
               one
               be
               presented
               to
               it
               ,
               to
               whom
               by
               their
               authority
               they
               have
               granted
               it
               .
            
          
           
             
             6
             M.
             
               Iohn
               Gerson
            
             in
             his
             book
             
               De
               defectu
               virorum
               Ecclesiasticorum
            
             ,
             where
             he
             treats
             of
             the
             Reformation
             of
             the
             Church
             ,
             and
             which
             he
             presented
             at
             the
             Councell
             of
             Constance
             ,
             saith
             ,
             
               Marke
               what
               that
               meanes
               that
               now
               adayes
               Bishops
               ,
               Prelates
               ,
               and
               Parish
               Priests
               are
               mostly
               elected
               by
               the
               Pope
            
             ;
             as
             much
             as
             to
             say
             ,
             take
             an
             order
             with
             that
             abuse
             .
             The
             Pragmatique
             Sanction
             hath
             another
             relation
             much
             of
             the
             same
             straine
             ;
             
               The
               Prelats
               and
               other
               ordinary
               dispensers
               ,
               as
               also
               the
               Patrons
               are
               deprived
               of
               their
               right
               ,
               the
               Hierarchy
               of
               the
               Church
               is
               confounded
               ,
               and
               many
               other
               things
               are
               committed
               contrary
               to
               the
               lawes
               of
               God
               and
               man
               ,
               to
               the
               losse
               of
               soules
               ,
               and
               the
               oppression
               of
               the
               Churches
               of
               our
               Realme
               .
            
             The
             Councell
             of
             Basil
             did
             provide
             a
             remedy
             against
             this
             abuse
             ,
             and
             the
             Pragmatique
             after
             it
             ,
             but
             so
             as
             the
             Popes
             have
             cast
             off
             the
             yoke
             of
             it
             ,
             having
             disanulled
             almost
             all
             the
             Decrees
             of
             that
             Councell
             .
          
           
             7
             The
             States
             assembled
             in
             the
             City
             of
             Toures
             1483
             ,
             in
             a
             bill
             which
             they
             presented
             to
             King
             Lewes
             the
             eleventh
             ,
             amongst
             other
             things
             ,
             say
             ,
             
               That
               if
               the
               King
               doe
               not
               undertake
               to
               defend
               them
               ,
               considering
               the
               quality
               of
               their
               persons
               ,
               the
               power
               and
               authority
               of
               the
               Holy
               See
               Apostolique
               ,
               they
               shall
               not
               be
               able
               to
               resist
               the
               usurpations
               and
               impeachments
               which
               any
               subject
               of
               the
               Realme
               ,
               and
               others
               ambitious
               of
               preferment
               ,
               will
               make
               against
               the
               electors
               ,
               which
               have
               the
               right
               of
               election
               or
               ordinary
               donation
               ,
               by
               censures
               Apostolique
               .
               And
               by
               this
               meanes
               all
               this
               Kingdome
               ,
               which
               is
               already
               at
               a
               low
               ebbe
               ,
               and
               very
               poore
               ,
               shall
               bee
               stripped
               and
               dispoyled
               of
               that
               little
               money
               which
               remaines
               of
               the
               former
               exactions
               .
            
          
           
             8
             A
             German
             a
             Monke
             complaines
             likewise
             ,
             that
             under
             Leo
             the
             tenth
             ,
             the
             elections
             made
             by
             Bishops
             were
             quite
             rejected
             ,
             and
             the
             right
             thereof
             devolved
             to
             them
             of
             Rome
             .
             A
             certaine
             b
             Cardinall
             complaines
             ,
             
               That
               the
               Pope
               usurps
               all
               the
               rights
               of
               inferiour
               Churches
               ,
               that
               he
               ingrosseth
               to
               himselfe
               all
               power
               and
               jurisdiction
               ,
               making
               nothing
               ,
               as
               it
               were
               ,
               of
               other
               Bishops
               ;
               which
               he
               doth
               not
               according
               to
               Saint
            
             Peters
             
               paterne
               .
               Marsilius
            
             c
             saith
             ,
             
               That
               the
               Popes
               ar●ogate
               unto
               themselves
               a
               coactive
               power
               and
               jurisdiction
               over
               the
               ministers
               of
               all
               Churches
               of
               the
               world
               ,
               and
               that
               they
               have
               expressed
               by
               their
               decretall
               epistles
               ,
               that
               the
               dispensing
               and
               disposing
               of
               the
               temporall
               meanes
               of
               all
               Clergy-men
               belongeth
               unto
               them
               ,
               to
               doe
               with
               them
               as
               they
               list
               ,
               without
               ever
               asking
               the
               consent
               of
               any
               Colledge
               or
               particular
               person
               ,
               of
               what
               dignity
               or
               authority
               soever
               .
            
             The
             Parliament
             of
             Paris
             in
             their
             Remonstrance
             made
             to
             Lewes
             the
             eleventh
             ,
             say
             ,
             d
             
               That
               in
               the
               time
               of
            
             Mounsieur
             S.
             Lewes
             (
             these
             are
             the
             very
             words
             )
             
               those
               of
            
             Rome
             
               begunn●
               to
               goe
               about
               to
               hinder
               elections
               ,
               and
               let
               loose
               the
               raines
               to
               the
               former
               inconveniences
               ;
               but
               that
               he
               by
               good
               advice
               and
               Counsell
               made
               an
               edict
               ,
               and
               decree
               to
               the
               contrary
               .
            
             That
             is
             the
             Pragmatique
             e
             which
             we
             have
             at
             this
             day
             entire
             ,
             wherein
             we
             read
             amongst
             other
             Articles
             ,
             
               Imprimis
               ,
               that
               the
               Bishops
               ,
               Patrons
               ,
               and
               ordinary
               doners
               of
               the
               Churches
               of
               our
               Realme
               ,
               keepe
               their
               right
               entire
               ,
               and
               that
               every
               mans
               jurisdiction
               be
               preserved
               .
               Item
               ,
               that
               Cathedrall
               Churches
               and
               others
               of
               our
               Realme
               have
               their
               elections
               ,
               and
               that
               they
               be
               the
               sole
               Iudges
               of
               the
               validity
               of
               them
               .
            
             In
             another
             Article
             f
             of
             the
             same
             remonstrance
             ,
             it
             is
             said
             ,
             
               Item
               ,
               And
               consequently
               King
               
                 Lewes
                 Hutin
              
               confirmed
               the
               same
               edict
               of
               S.
               Lewes
               in
               the
               yeere
               1315
               ,
               and
               that
               of
               King
               Philip
               the
               Faire
               ,
               who
               had
               formerly
               made
               a
               like
               Decree
               .
               And
               afterwards
               King
               Iohn
               ,
               the
               year
               1551
               ,
               confirmed
               the
               said
               ordinance
               of
               his
               said
               Grand-Father
               Philip.
               
            
             All
             these
             ordinances
             tend
             to
             the
             repulsing
             of
             the
             usurpations
             of
             Rome
             ,
             from
             which
             our
             ancestours
             had
             so
             much
             adoe
             to
             preserve
             themselves
             .
          
           
             9
             The
             States
             of
             Germany
             complained
             also
             in
             the
             processe
             of
             their
             former
             grievances
             ,
             that
             the
             Pope
             ,
             not
             content
             to
             usurpe
             the
             right
             of
             another
             ,
             in
             case
             of
             elections
             ,
             and
             investitures
             ,
             committed
             also
             another
             intolerable
             fault
             in
             conferring
             
             benefices
             and
             Ecclesiasticall
             dignities
             upon
             ignorant
             people
             and
             strangers
             ,
             
             respecting
             in
             his
             elections
             only
             his
             own
             gaines
             ,
             not
             their
             persons
             ,
             which
             were
             indifferent
             to
             him
             .
             We
             have
             told
             you
             already
             what
             Cl●mangius
             said
             of
             dunces
             ,
             we
             will
             yet
             adde
             this
             out
             of
             him
             ;
             
               You
               have
               seene
               many
               ,
               which
               at
               their
               comming
               from
               their
               studies
               and
               Schooles
               ;
               nay
               ,
               which
               is
               worse
               ,
               from
               the
               plough
               ,
               have
               betaken
               themselves
               to
               the
               care
               of
               the
               Church
               ,
               and
               government
               of
               Parishes
               ,
               and
               other
               benefices
               ,
               after
               they
               had
               practised
               servile
               arts
               ;
               which
               understood
               as
               little
            
             Latine
             as
             Arabick
             ;
             
               yea
               ,
               which
               could
               not
               read
               ,
               and
               (
               which
               I
               am
               ashamed
               to
               speake
               )
               could
               not
               distinguish
               a
               B
               from
               a
               Bull-foot
               .
            
             He
             saith
             as
             much
             concerning
             their
             manners
             ,
             declaring
             how
             those
             who
             were
             preferd
             by
             the
             Popes
             ,
             were
             wholly
             addicted
             to
             vices
             ,
             and
             dissolutenesse
             of
             life
             .
          
           
             10
             Marsilius
             of
             Padua
             said
             as
             much
             ,
             
             or
             more
             before
             him
             ,
             
               In
               stead
               of
               sufficient
               and
               approved
               men
               ,
               out
               of
               the
               plenitude
               of
               their
               power
               ,
               they
               ordaine
               such
               as
               are
               ignorant
               of
               divinity
               ,
               meere
               idiots
               ,
               and
               without
               scholarship
               ,
               and
               oft-times
               debauched
               persons
               ,
               and
               notorious
               offenders
               .
               Charles
            
             the
             sixth
             in
             his
             ordinance
             of
             the
             18
             of
             February
             1406
             ;
             
               And
               when
               there
               is
               any
               question
               of
               preferring
               men
               to
               elective
               dignities
               ,
               they
               never
               used
               those
               wayes
               which
               ought
               to
               be
               observed
               ,
               and
               which
               are
               appointed
               ,
               to
               examine
               and
               try
               them
               ;
               whence
               it
               comes
               to
               passe
               ,
               that
               it
               being
               not
               possible
               that
               the
               Pope
               should
               know
               all
               men
               ,
               and
               the
               state
               of
               the
               Churches
               ,
               he
               admits
               divers
               into
               those
               dignities
               who
               are
               unworthy
               of
               them
               ,
               and
               sometimes
               such
               as
               are
               unknowne
               to
               him
               ,
               but
               by
               their
               money
               .
            
             
             Charles
             the
             7
             in
             his
             Pragmatique
             Sanction
             ,
             saith
             ,
             
               That
               unworthy
               persons
               unknowne
               ,
               and
               unexamined
               ,
               are
               preferred
               by
               the
               Popes
               to
               the
               greatest
               dignities
               ,
               and
               fattest
               benefices
               of
               this
               Kingdome
               .
            
             The
             States
             of
             Tours
             in
             their
             complaint
             say
             ,
             
             
               So
               illiterate
               people
               ,
               and
               not
               Ecclesiasticall
               ,
               should
               be
               preferred
               to
               livings
               ,
               as
               we
               have
               formerly
               seene
               .
            
             Amongst
             the
             ten
             grievances
             which
             Germany
             presented
             to
             the
             Emperour
             Maximilian
             ,
             to
             be
             redressed
             ,
             this
             was
             one
             ;
             
               That
               at
            
             Rome
             
               the
               government
               of
               Churches
               is
               committed
               to
               those
               who
               are
               the
               least
               worthy
               of
               them
               ,
               and
               who
               would
               bee
               more
               fit
               to
               governe
               and
               feed
               Mules
               than
               men
               .
            
          
           
             11
             As
             for
             strangers
             preferred
             to
             benefices
             by
             the
             Popes
             ,
             there
             have
             been
             alwayes
             great
             exclamations
             ,
             by
             reason
             of
             the
             many
             evils
             &
             inconveniences
             which
             follow
             of
             it
             ,
             which
             have
             beene
             divers
             times
             exhibited
             ,
             but
             to
             no
             purpose
             .
             Marsilius
             of
             Padua
             urgeth
             this
             abuse
             ,
             and
             shewes
             that
             many
             are
             elected
             by
             the
             Popes
             ,
             
             who
             cannot
             communicate
             or
             talke
             with
             those
             who
             are
             committed
             to
             their
             charge
             ,
             Wherefore
             (
             saith
             he
             ,
             speaking
             of
             Iohn
             the
             22
             )
             
               let
               him
               answer
               Christ
               ,
               who
               against
               or
               after
               elections
               ,
               made
               or
               to
               be
               made
               ,
               among
               other
               monsters
               which
               he
               hath
               made
               ,
               and
               doth
               yet
               make
               ,
               hee
               hath
               created
               two
               Bishops
               ,
               his
               owne
               countrey
               men
               of
            
             Languedoc
             ,
             
               one
               of
            
             †
             Silchester
             in
             England
             ,
             
               the
               other
               of
            
             Londes
             in
             Dacia
             ,
             
               over
               those
               people
               with
               whom
               they
               cannot
               have
               any
               conference
               by
               discourse
               .
               As
               for
               their
               manners
               and
               learning
               ,
               it
               concernes
               not
               me
               to
               speake
               of
               them
               .
               Let
               the
               Bishop
               of
            
             Rome
             
               tell
               mee
               ,
               say
               I
               ,
               how
               that
               shepheard
               shall
               call
               his
               own
               sheep
               by
               their
               name
               ,
               as
               knowing
               their
               conditions
               by
               their
               confessions
               ,
               and
               reproving
               them
               ?
               or
               how
               can
               the
               sheep
               follow
               him
               by
               hearing
               the
               voyce
               of
               his
               preaching
               and
               teaching
               ?
            
          
           
             12
             M.
             
               Iohn
               Gerson
            
             in
             his
             treatise
             
               De
               defectu
               virorum
               Ecclesiasticorum
            
             ,
             
             wherein
             he
             sets
             downe
             such
             things
             as
             ought
             to
             be
             reformed
             in
             the
             Church
             ,
             puts
             this
             ,
             
               That
               knowne
               men
               ,
               and
               such
               as
               are
               most
               fitting
               ,
               be
               elected
               out
               of
               the
               same
               Countrey
               ;
               that
               strangers
               in
               manners
               ,
               Language
               ,
               and
               education
               ,
               bee
               not
               sent
               and
               set
               over
               Churches
               .
            
             King
             Charles
             the
             7
             in
             his
             Edict
             the
             tenth
             of
             May
             1431
             ,
             assures
             us
             that
             it
             is
             a
             law
             established
             by
             his
             Predecessours
             ,
             confirmed
             by
             the
             Ordinance
             of
             his
             deceased
             Father
             Charles
             the
             6
             ,
             intimated
             to
             the
             Councell
             of
             Constance
             ,
             and
             Pope
             Martin
             .
             He
             further
             treats
             of
             the
             inconveniences
             and
             prejudices
             which
             follow
             upon
             it
             ,
             when
             they
             are
             admitted
             ;
             as
             ,
             that
             divine
             service
             is
             ●hereby
             neglected
             ,
             by
             reason
             of
             their
             non-residence
             ;
             that
             the
             Schooles
             of
             the
             
             Kingdome
             are
             unprovided
             of
             Students
             ,
             
             and
             left
             desolate
             ;
             that
             it
             is
             a
             hard
             case
             to
             see
             the
             noble
             and
             brave
             Scholars
             of
             the
             Realme
             unprovided
             ,
             and
             strangers
             preferred
             ;
             that
             by
             this
             meanes
             enemies
             and
             adversaries
             may
             bee
             acquainted
             with
             the
             secrets
             of
             State
             ,
             and
             the
             estate
             of
             the
             Land
             ;
             that
             strangers
             reape
             the
             profits
             ,
             and
             get
             the
             honours
             of
             it
             .
          
           
             13
             Lewes
             the
             11
             in
             an
             Ordinance
             made
             1464
             ,
             speaks
             hereof
             in
             this
             sort
             ;
             
               Howbeit
               that
               by
               priviledges
               expresse
               ,
               and
               Ordinances
               royall
               ,
               no
               man
               can
               have
               any
               elective
               benefice
               within
               our
               said
               Kingdome
               ,
               unlesse
               he
               be
               a
               native
               ;
               and
               that
               for
               the
               safety
               of
               us
               and
               our
               said
               Kingdome
               ,
               and
            
             Dauphine
             ,
             
               it
               concernes
               us
               much
               that
               the
               Bishopriques
               ,
               Abbeys
               ,
               and
               other
               dignities
               ,
               and
               elective
               benefices
               be
               furnished
               with
               able
               and
               knowne
               men
               ,
               such
               as
               will
               comply
               with
               us
               ,
               and
               be
               firme
               and
               sure
               for
               us
               ;
               especially
               such
               as
               hold
               the
               said
               benefices
               ,
               and
               by
               reason
               of
               them
               divers
               places
               and
               fortresses
               ,
               for
               which
               divers
               duties
               and
               services
               belong
               unto
               us
               from
               them
               :
               yet
               notwithstanding
               our
               late
               pious
               Father
               granted
               the
               said
               favours
               and
               patents
               so
               plentifully
               ,
               and
               to
               all
               manner
               of
               persons
               of
               what
               Nation
               ,
               Kingdome
               ,
               or
               Religion
               soever
               they
               were
               without
               distinction
               ,
               that
               many
               under
               shadow
               and
               pretence
               of
               these
               licences
               and
               patents
               ,
               have
               insinuated
               and
               intruded
               themselves
               into
               the
               said
               dignities
               and
               elective
               benefices
               of
               our
               said
               Kingdome
               ,
               and
               doe
               hold
               them
               ;
               howbeit
               many
               of
               them
               are
               strangers
               unknowne
               ,
               and
               not
               to
               be
               trusted
               by
               us
               ;
               and
               such
               as
               neither
               can
               nor
               ought
               to
               performe
               those
               duties
               and
               services
               ,
               which
               they
               are
               bound
               to
               doe
               unto
               us
               by
               reason
               of
               the
               said
               benefices
               .
            
          
           
             
             14
             And
             the
             Court
             of
             Parliament
             in
             those
             Remonstrances
             which
             they
             made
             unto
             him
             ,
             amongst
             other
             inconveniences
             ;
             which
             they
             urged
             would
             follow
             upon
             the
             abrogation
             of
             the
             Pragmatique
             Sanction
             ,
             say
             ;
             
               By
               this
               meanes
               strangers
               would
               be
               pr●ferred
               by
               the
               Pope
               ,
               and
               not
               the
               natives
               of
               the
               Countrey
               ,
               wherein
               the
               benefices
               lye
               ;
               not
               of
               the
               same
               qualities
               and
               conditions
               with
               the
               Countrey
               :
               Whereupon
               would
               insue
               questions
               and
               controversies
               betwixt
               the
               Churchmen
               or
               Seculars
               ,
               to
               the
               great
               hindrance
               of
               the
               salvation
               of
               soules
               ,
               and
               irreverence
               of
               the
               blessed
               Sacraments
               .
            
          
           
             15
             Henry
             the
             3
             in
             the
             fourth
             Article
             of
             the
             Ordinance
             of
             
               Blois
               ;
               We
               mean●
               not
               that
               from
               henceforth
               any
               shall
               be
               preferred
               to
               any
               Archbishopriques
               ,
               Bishopriques
               ,
               Abbeys
               ,
               or
               to
               be
               Generals
               of
               Orders
               ,
               neither
               by
               death
               ,
               resignation
               ,
               nor
               otherwise
               ,
               unlesse
               he
               be
               a
               naturall
            
             Frenchman
             ;
             
               notwithstanding
               any
               dispensation
               or
               clause
               derogatory
               to
               these
               presents
               which
               they
               can
               obtaine
               from
               us
               ,
               whereto
               we
               will
               not
               have
               any
               regard
               to
               be
               had
               .
            
             The
             deputies
             of
             Paul
             the
             3
             touched
             upon
             this
             string
             in
             their
             reformation
             :
             
             
               That
               no
               benefices
            
             (
             say
             they
             )
             in
             England
             or
             Spaine
             ,
             
               be
               conferred
               upon
               any
            
             Italian
             ,
             
               nor
               on
               the
               contrary
               :
               Which
               ought
               to
               bee
               observed
               aswell
               in
               Presentations
               upon
               vacancy
               by
               death
               ,
               as
               by
               resignations
               ,
               wherein
               regard
               is
               only
               had
               to
               the
               pleasure
               of
               the
               resigner
               ,
               and
               nothing
               else
               .
            
             Their
             Counsell
             did
             no
             great
             good
             ,
             for
             there
             was
             nothing
             done
             in
             the
             point
             for
             all
             that
             .
          
        
         
           
           
             CHAP.
             VII
             .
             Of
             suits
             commenced
             at
             Rome
             ,
             and
             of
             the
             entrenching
             upon
             other
             Courts
             of
             Iustice
             ,
             and
             jurisdictions
             .
          
           
             GERMANY
             complained
             also
             of
             suits
             commenced
             at
             Rome
             concerning
             benefices
             ;
             
             which
             is
             a
             very
             usuall
             ancient
             complaint
             backed
             with
             sound
             reasons
             ,
             seeing
             that
             from
             hence
             comes
             the
             squeazing
             of
             Provinces
             ,
             both
             of
             their
             men
             and
             money
             :
             and
             abundance
             of
             other
             evils
             and
             calamities
             .
             Charles
             the
             6
             in
             the
             Ordinance
             of
             the
             18
             of
             February
             1406
             ;
             
               They
               insert
               divers
               clauses
               in
               th●ir
               Buls
               which
               are
               sometimes
               inextricable
               ;
               they
               make
               divers
               rules
               beside
               the
               law
               ,
               or
               else
               quite
               against
               law
               ,
               which
               they
               revoke
               at
               their
               pleasure
               ;
               insomuch
               that
               the
               most
               clear-sighted
               cannot
               discerne
               who
               hath
               best
               right
               amongst
               divers
               pretenders
               .
               Hence
               arise
               infinite
               suits
               in
               law
               ,
               which
               they
               must
               goe
               and
               prosecute
               out
               of
               the
               Kingdome
               with
               great
               expence
               and
               charges
               .
            
          
           
             2
             Charles
             the
             7
             in
             the
             Ordinance
             made
             1422
             ;
             
               Divers
               of
               our
               subjects
               and
               others
               ,
               by
               virtue
               of
               resignations
               ,
               or
               Apostolique
               Buls
               ,
               doe
               take
               and
               receive
               ,
               and
               endevour
               to
               get
               and
               obtaine
               benefices
               within
               this
               Realme
               ,
            
             
             
               and
               take
               possession
               of
               them
               ,
               and
               labour
               to
               summon
               ,
               or
               cause
               to
               bee
               summoned
               our
               ●●ige
               subjects
               unto
               the
               Court
               of
            
             Rome
             ,
             
               or
               before
               some
               Commissioners
               or
               Delegates
               appointed
               by
               our
               Holy
               Father
               ;
               which
               is
               downright
               to
               oppose
               the
               rights
               and
               liberties
               of
               the
               Church
               and
               Clergy
               .
               Lewes
            
             the
             11
             in
             an
             Ordinance
             of
             the
             16
             of
             August
             1471
             ;
             
               The
               most
               of
               the
               benefices
               in
               our
               Kingdome
               are
               in
               suit
               ;
               in
               the
               prosecution
               of
               which
               suits
               ,
               a
               huge
               masse
               of
               money
               is
               strangely
               spent
               and
               squandered
               away
               ;
               nor
               is
               it
               certainly
               knowne
               to
               whom
               the
               livings
               doe
               of
               right
               appertaine
               or
               belong
               :
               Whereupon
               divine
               service
               ,
               instruction
               of
               the
               people
               ,
               and
               administration
               of
               the
               blessed
               Sacraments
               ,
               are
               oft-times
               left
               off
               ;
               and
               the
               revenue
               of
               the
               livings
               ,
               whi●h
               should
               have
               beene
               bestowed
               upon
               the
               reparations
               of
               the
               Churches
               there
               ,
               is
               imployed
               in
               charges
               of
               Law
               ,
               and
               suits
               :
               Whereupon
               some
               great
               mischiefs
               and
               inconveniences
               have
               ,
               and
               doe
               daily
               come
               to
               passe
               .
            
          
           
             3
             
               Nicholas
               de
               Clemangiis
            
             ,
             in
             his
             booke
             
               De
               ruinis
               &
               reparatione
               Ecclesi●
            
             ,
             after
             he
             hath
             spoken
             of
             the
             Canons
             and
             constitutions
             of
             the
             Popes
             ,
             of
             the
             ambiguity
             of
             them
             ,
             and
             the
             controversies
             which
             arise
             from
             thence
             ,
             he
             addes
             ;
             
             
               It
               is
               hard
               to
               finde
               any
               one
               ,
               though
               he
               make
               his
               title
               to
               appeare
               as
               clear
               as
               the
               day
               ,
               that
               goes
               away
               with
               a
               living
               without
               all
               dispute
               :
               For
               then
               they
               thinke
               their
               Court
               to
               be
               most
               flowrishing
               and
               fortunate
               ,
               when
               it
               rings
               with
               a
               multitude
               of
               causes
               ,
               suits
               ,
               quarrels
               ,
               and
               wranglings
               ,
               with
               a
               wild
               and
               furious
               noise
               :
               and
               on
               the
               other
               side
               to
               bee
               lame
               ,
               miserable
               and
               forsaken
               ,
               when
               it
               wants
               suits
               and
               is
               at
               quiet
               ;
               when
               the
               incumbents
               doe
               peaceably
               enjoy
               their
               right
               .
            
          
           
             4
             Cardinall
             Cusan
             in
             his
             booke
             
               De
               concordia
               Catholica
            
             saith
             ,
             
               Wee
               know
               the
               great
               noise
               of
               suits
               in
               the
               Courts
               both
               Ecclesiasticall
               and
               Civill
               ,
               
               bring
               much
               hurt
               to
               the
               Common-wealth
               ,
               by
               reason
               the
               suits
               are
               so
               intricate
               and
               endlesse
               ;
               but
               especially
               for
               that
               causes
               are
               not
               ended
               and
               determined
               in
               those
               places
               where
               they
               were
               first
               conceived
               ,
               in
               their
               owne
               Countrey
               :
               but
               are
               oftentimes
               drawne
               to
               the
               Court
               of
               Rome
               ,
               and
               that
               upon
               every
               triviall
               point
               that
               concernes
               benefices
               ;
               whereas
               none
               but
               causes
               of
               importance
               ought
               to
               be
               brought
               thither
               .
            
          
           
           
             
             5
             The
             Parliament
             of
             Paris
             in
             the
             Remonstrance
             made
             to
             Lewes
             the
             11
             ,
             in
             behalfe
             of
             the
             liberties
             of
             the
             Gallicane
             Church
             ,
             and
             for
             the
             retaining
             of
             the
             Pragmatique
             .
             
             
               Item
               ,
               in
               very
               deed
               ,
               if
               these
               constitutions
               were
               not
               ,
               there
               would
               not
               be
               a
               Clergy-man
               certaine
               of
               his
               estate
               .
               For
               proofe
               whereof
               wee
               may
               remember
               how
               they
               of
               the
               Court
               of
               Rome
               have
               behaved
               themselves
               herein
               ,
               after
               it
               was
               repealed
               by
               the
               King.
               
            
             For
             they
             not
             onely
             tooke
             upon
             them
             the
             cognizance
             of
             causes
             Ecclesiasticall
             ,
             but
             also
             of
             causes
             concerning
             
               right
               of
               inheritance
               ;
               yea
               and
               of
               causes
               royall
               ,
               the
               cognizance
               whereof
               belongs
               to
               the
               King
               and
               his
               Court
               of
               Parliament
               ;
               as
               hath
               beene
               seene
               in
               many
               particular
               cases
               ,
               where
               the
               Court
               sent
               to
               the
               King
               in
               Guien
               ,
               and
               there
               the
               King
               provided
               for
               them
               ,
               by
               remarkable
               Edicts
               ,
               which
               were
               registred
               and
               published
               in
               the
               said
               Court.
               
               Item
               ,
               to
               prove
               that
               it
               is
               a
               depopulation
               of
               the
               Kings
               dominions
               ,
               it
               is
               certaine
               ,
               that
               before
               these
               decrees
               and
               constitutions
               were
               made
               ,
               by
               reason
               that
               reservations
               and
               donations
               in
               reversion
               were
               in
               force
               ,
               and
               the
               cases
               tryed
               in
               the
               Court
               of
               Rome
               ,
               the
               subjects
               of
               the
               Realme
               left
               their
               Countrey
               in
               great
               numbers
               ;
               some
               to
               serve
               Cardinals
               ,
               others
               to
               be
               officers
               ,
               others
               wanting
               service
               spent
               that
               meanes
               which
               their
               parents
               left
               them
               to
               to
               purchase
               some
               favour
               there
               ,
               and
               others
               in
               great
               abundance
               to
               vex
               and
               trouble
               those
               that
               stayed
               at
               home
               ,
               to
               get
               their
               benefices
               :
               insomuch
               that
               what
               by
               the
               tediousnesse
               and
               danger
               of
               the
               way
               ,
               what
               by
               reason
               of
               the
               plague
               ,
               which
               is
               commonly
               at
               Rome
               ,
               the
               most
               of
               those
               that
               went
               thither
               dyed
               :
               and
               those
               that
               escaped
               these
               perils
               so
               molested
               with
               citations
               old
               feeble
               persons
               residing
               upon
               their
               livings
               ,
               and
               such
               as
               were
               not
               able
               to
               defend
               themselves
               ,
               that
               by
               reason
               of
               these
               vexations
               they
               shortned
               their
               dayes
               ,
               and
               dyed
               sooner
               than
               they
               would
               have
               done
               by
               the
               common
               course
               of
               nature
               .
               Item
               ,
               Others
               ambitious
               of
               preferments
               ,
               exhausted
               the
               purses
               of
               their
               parents
               and
               friends
               ,
               leaving
               them
               in
               extreme
               poverty
               and
               misery
               ,
               which
               was
               sometimes
               a
               cause
               of
               shortning
               their
               dayes
               ;
               and
               all
               the
               gaines
               they
               got
               was
               a
               peece
               of
               lead
               for
               gold
               ,
               and
               when
               they
               thought
               to
               be
               preferred
               by
               their
               patents
               ,
               in
               comes
               another
               with
               an
               annullation
               ;
               and
               sometimes
               you
               might
               find
               ten
               or
               twelve
               grantees
               of
               the
               same
               benefice●
               and
               upon
               the
               controversie
               thence
               arising
               ,
               all
               enforced
               to
               trudge
               to
               Rome
               againe
               to
               plead
               the
               case
               there
               :
               to
               the
               continuall
               vexation
               of
               the
               subject
               ,
               and
               the
               dispeopling
               of
               the
               Realme
               .
            
          
           
             
             6
             S.
             Bernard
             also
             exclaimes
             hard
             against
             these
             suits
             arising
             in
             the
             Court
             of
             Rome
             ;
             for
             ,
             addressing
             his
             speech
             to
             Pope
             Eugenius
             the
             3
             ,
             he
             saith
             ,
             
               What
               means
               this
               ,
               I
               pray
               you
               ,
               to
               plead
               from
               morning
               till
               night
               ,
               or
               to
               hearken
               to
               those
               that
               plead
               ?
               with
               my
               consent
               let
               malice
               bee
               content
               to
               take
               up
               the
               day
               ;
               but
               the
               very
               night●
               are
               not
               free
               ,
               there
               is
               scarse
               so
               much
               allowed
               to
               the
               necessity
               of
               nature
               ,
               as
               will
               suffice
               for
               the
               repose
               of
               this
               poore
               bodie
               ;
               it
               must
               rise
               againe
               for
               these
               wranglers
               :
               one
               day
               begetteth
               suits
               to
               another
               ,
               and
               one
               night
               certifieth
               his
               malice
               to
               another
               .
            
          
           
             7
             In
             another
             place
             he
             complaines
             of
             the
             great
             multitude
             of
             appeals
             ,
             which
             ●low
             to
             Rome
             from
             all
             coasts
             of
             the
             world
             ;
             
             
               How
               long
               must
               it
               be
               before
               you
               awake
               ,
               and
               consider
               such
               a
               mighty
               confusion
               and
               abuse
               of
               appeals
               ?
               They
               are
               commonly
               practised
               without
               either
               right
               or
               reason
               ;
               beside
               all
               order
               ,
               or
               custome
               ;
               without
               any
               distinction
               or
               difference
               of
               place
               ,
               manner
               ,
               time
               ,
               cause
               ,
               or
               person
               ;
               they
               are
               easily
               admitted
               ,
               and
               ofttimes
               impiously
               .
               Those
               that
               would
               bee
               wicked
               ,
               were
               they
               not
               wont
               to
               be
               terrified
               with
               them
               ?
               but
               now
               they
               ,
               on
               the
               contrary
               ,
               doe
               affright
               others
               ,
               and
               especially
               honest
               men
               with
               them
               :
               goodmen
               are
               appealed
               by
               knaves
               to
               hinder
               them
               from
               doing
               good
               ,
               and
               they
               give
               off
               for
               the
               awe
               which
               they
               beare
               to
               the
               voice
               of
               your
               thunder
               .
               Lastly
               ,
               appeals
               are
               put
               up
               against
               Bishops
               ,
               that
               they
               may
               not
               dare
               to
               dissolve
               or
               forbid
               marriages
               ;
               appeals
               are
               put
               up
               against
               them
               to
               hinder
               them
               from
               punishing
               or
               curbing
               rapines
               ,
               robberies
               ,
               sacriledges
               ,
               &
               such
               like
               crimes
               ;
               appeals
               are
               preferred
               to
               hinder
               them
               from
               putting
               backe
               ,
               or
               depriving
               
               unworthy
               and
               infamous
               persons
               of
               sacred
               offices
               and
               benefices
               .
            
             
             Which
             hee
             afterwards
             proves
             by
             such
             examples
             as
             befell
             in
             his
             time
             ,
             which
             wee
             passe
             over
             .
          
           
             8
             Hildebert
             Archbishop
             of
             Tours
             ,
             
             exhibited
             the
             like
             complaint
             to
             Pope
             Honorius
             the
             second
             ,
             in
             these
             words
             ;
             
               We
               never
               yet
               heard
               on
               this
               side
               the
               Alps
               ,
               nor
               found
               any
               such
               thing
               in
               the
               sacred
               Canons
               ,
               that
               all
               sorts
               of
               appeals
               should
               be
               received
               in
               the
               Church
               of
               Rome
               :
               but
               if
               haply
               any
               such
               novelty
               bee
               crept
               in
               ,
               and
               it
               be
               your
               pleasure
               to
               admit
               all
               appeals
               without
               distinction
               ,
               the
               Papall
               censure
               will
               be
               undone
               by
               it
               ,
               and
               the
               power
               of
               Ecclesiasticall
               discipline
               will
               be
               trampled
               under
               foot
               :
               for
               what
               royster
               with
               not
               appeal
               upon
               the
               least
               commination
               of
               an
               anathema
               ?
               What
               Clerk
               or
               Priest
               is
               there
               ,
               which
               will
               not
               defile
               ,
               or
               indeed
               which
               will
               not
               bury
               himselfe
               in
               his
               owne
               excrements
               ,
               upon
               confidence
               of
               his
               frustratory
               appeall
               ;
               by
               virtue
               whereof
               ,
               the
               Bishops
               cannot
               presently
               punish
               ,
               I
               say
               not
               ,
               all
               sorts
               of
               disobedience
               but
               ,
               not
               any
               at
               all
               ?
               The
               least
               appeals
               will
               break
               his
               staffe
               ,
               rebate
               his
               constancy
               ,
               quell
               his
               severity
               in
               putting
               him
               to
               silence
               ,
               and
               the
               malefactours
               to
               an
               impunity
               of
               offending
               .
            
          
           
             9
             They
             not
             only
             en●ruate
             the
             ordinary
             jurisdiction
             of
             Bishops
             ,
             
             and
             other
             Ecclesiastiques
             by
             their
             appeals
             ,
             but
             also
             by
             other
             wayes
             ,
             without
             sparing
             of
             those
             that
             breathed
             nothing
             but
             the
             greatnesse
             of
             Rome
             ;
             as
             amongst
             others
             ,
             Ivo
             Bishop
             of
             Chartres
             ,
             who
             after
             hee
             had
             done
             much
             good
             service
             to
             the
             Court
             of
             Rome
             ,
             insomuch
             that
             he
             cast
             himselfe
             out
             of
             favour
             with
             his
             Prince
             ,
             and
             did
             many
             ill
             offices
             to
             France
             ,
             
             was
             finally
             compelled
             to
             make
             make
             his
             complaint
             ,
             that
             a
             cause
             of
             his
             depending
             before
             the
             Ordinary
             ,
             was
             removed
             to
             Rome
             by
             an
             extraordinary
             way
             :
             And
             likewise
             that
             the
             ordinary
             course
             of
             justice
             is
             defeated
             and
             stopped
             by
             Apostolicall
             letters
             ,
             and
             rescripts
             The
             German
             Nation
             framed
             likewise
             a
             complaint
             concerning
             this
             point
             ,
             and
             presented
             it
             to
             the
             Emperour
             Maximilian
             ;
             
             
               The
               causes
               (
               say
               they
               )
               that
               might
               be
               determined
               in
               Germany
               ,
               where
               there
               are
               both
               just
               and
               learned
               Iudges
               ,
               are
               removed
               to
               the
               Court
               of
               Rome
               withou●
               any
               distinction
               .
            
          
           
             10
             The
             Popes
             have
             likewise
             gone
             about
             to
             usurpe
             the
             Lay
             jurisdiction
             ,
             and
             to
             draw
             unto
             them
             all
             sorts
             of
             Lay
             men
             ,
             even
             in
             profane
             ma●ters
             ,
             whereof
             the
             States
             of
             Germany
             made
             a
             grievous
             complaint
             also
             ,
             which
             we
             will
             here
             insert
             .
             
               Seeing
               that
               not
               only
               the
               grounds
               of
               equity
               ,
               
               but
               also
               the
               orde●
               of
               things
               doth
               require
               ,
               that
               the
               bounds
               of
               jurisdictions
               be
               distinct
               and
               limited●
               and
               that
               every
               Ordinary
               content
               himselfe
               with
               his
               owne
               bounds
               ,
               without
               entrenching
               one
               upon
               another
               in
               the
               exercise
               of
               their
               jurisdiction
               ;
               yet
               the
               Popes
               heretofore
               never
               considered
               this
               equity
               ,
               but
               sleighting
               it
               ,
               have
               oftentimes
               cited
               Laymen
               to
               Rome
               ,
               and
               made
               them
               appeare
               in
               judgement
               before
               them
               ;
               and
               that
               ev●n
               in
               causes
               profane
               ,
               as
               cases
               of
               inheritance
               ,
               or
               morgages
               ,
               and
               those
               of
               the
               first
               rank
               :
               Which
               thing
               tends
               to
               the
               losse
               ,
               dammage
               ,
               and
               misp●ision
               ,
               not
               onely
               of
               those
               that
               are
               summoned
               ,
               but
               also
               of
               the
               states
               of
               the
               Roman
               Empire
               ,
               and
               to
               the
               disgrace
               and
               infringing
               of
               its
               jurisdiction
               .
               Item
               ,
               when
               any
               man
               offers
               to
               affirme
               upon
               oath
               at
               Rome
               ,
               that
               he
               doth
               not
               expect
               that
               he
               can
               obtain
               justice
               of
               his
               competent
               Iudge
               in
               Germany
               ,
               he
               is
               forthwith
               admitted
               to
               take
               that
               oath
               ,
               and
               letters
               are
               granted
               to
               him
               to
               set
               his
               adversary
               a
               day
               ,
               and
               so
               the
               suit
               is
               removed
               from
               Germany
               to
               Rome
               ,
               without
               ever
               any
               request
               made
               to
               the
               Iudge
               ,
               or
               notice
               given
               to
               the
               party
               .
               Whereupon
               under
               pretence
               of
               this
               oath
               ,
               neither
               the
               reasons
               of
               not
               proceeding
               ,
               nor
               any
               other
               proofes
               are
               admitted
               ,
               although
               it
               may
               bee
               plainly
               convinced
               ,
               that
               the
               adverse
               party
               is
               perjured
               .
               Which
               thing
               ,
               if
               it
               take
               any
               deep
               root
               ,
               and
               be
               not
               remedied
               in
               the
               beginning
               ,
               all
               causes
               in
               fine
               will
               bee
               devolved
               to
               the
               tribunall
               of
               the
               Court
               of
               Rome
               ,
               and
               all
               Ordinaries
               deprived
               of
               their
               jurisdiction
               ,
               which
               would
               be
               both
               unjust
               and
               untolerable
               .
            
          
           
             11
             Wee
             will
             here
             set
             down
             ,
             by
             way
             of
             commentarie
             on
             these
             Articles
             ,
             the
             
             severall
             usurpations
             which
             the
             Popes
             have
             made
             upon
             Lay
             men
             in
             point
             of
             justice
             and
             jurisdiction
             .
             
             The
             Glossatour
             upon
             the
             Canon
             Law
             freely
             confesseth
             ,
             
             
               That
               the
               Pope
               doth
               daily
               give
               out
               writs
               to
               Clergy-men
               ,
               against
               Layiques
               ,
               in
               all
               causes
               whatsoever
               ;
               and
               by
               this
               meanes
               getteth
               the
               jurisdiction
               of
               the
               other
               .
            
             The
             Parliament
             of
             Paris
             urgeth
             this
             usurpation
             in
             their
             Remonstrances
             to
             Lewes
             the
             eleventh
             ,
             
               Item
               ,
               the
               Clergy
               would
               not
               only
               be
               molested
               by
               citations
               from
               the
               Court
               of
               Rome
               ,
               but
               the
               Seculars
               would
               be
               like
               the
               Barbour
               before
               S.
               Dennis
               of
               the
               Charter
               ,
               who
               lost
               his
               son
               in
               the
               Court
               of
               Rome
               by
               the
               Pestilence
               ,
               and
               the
               Father
               was
               afterwards
               summoned
               into
               the
               Court
               for
               his
               sonnes
               debts
               ,
               as
               also
               M.
               
                 Iohn
                 d'
                 Argonges
              
               ,
               the
               Kings
               Advocate
               .
            
             One
             of
             our
             old
             Lawyers
             toucheth
             this
             very
             usurpation
             ,
             Observe
             (
             saith
             he
             ,
             speaking
             of
             the
             exception
             in
             case
             of
             excommunication
             )
             
               that
               this
               was
               invented
               by
               the
               Pope
               for
               another
               reason
               ;
               to
               wit
               ,
               that
               his
               power
               might
               be
               therein
               enlarged
               ,
               as
               well
               in
               the
               Civill
               Court
               ,
               as
               the
               Ecclesiasticall
               ,
               which
               ought
               rather
               to
               be
               restrained
               ,
               than
               augmented
               ;
               inasmuch
               as
               the
               psalterie
               doth
               not
               agree
               well
               with
               the
               Iettren
               .
            
          
           
             12
             Other
             Prelates
             have
             done
             the
             like
             ,
             after
             the
             example
             of
             their
             Head
             ,
             witnesse
             the
             complaint
             of
             M.
             
               Peter
               de
               Cugueres
            
             against
             the
             Clergy
             of
             France
             ;
             
               Although
               the
               cognizance
               of
               Lay
               men
               belong
               to
               the
               Secular
               Iudge
               ,
               excepting
               in
               spirituall
               cases
               ;
               yet
               the
               Bishops
               Officials
               cause
               them
               to
               be
               summoned
               before
               them
               upon
               the
               demand
               of
               the
               parties
               ;
               
               and
               if
               the
               said
               Lay
               men
               decline
               the
               jurisdiction
               of
               those
               Officials
               ;
               or
               those
               Lords
               whose
               subjects
               they
               are
               ,
               require
               that
               they
               may
               be
               dismissed
               ,
               as
               being
               their
               temporall
               Lords
               and
               Iudges
               ,
               the
               said
               Officials
               refuse
               to
               do
               it
               ,
               and
               compell
               the
               parties
               by
               excommunications
               to
               proceed
               before
               them
               .
            
             Hee
             quoteth
             many
             other
             cases
             in
             divers
             Articles
             ,
             which
             the
             reader
             may
             see
             in
             the
             Authour
             .
          
        
         
           
             CHAP.
             VIII
             .
             Of
             Ecclesiasticall
             informations
             :
             and
             of
             the
             Popes
             Commissaries
             ,
             and
             Legates
             .
          
           
             1
             THe
             chiefe
             meanes
             whereof
             the
             Popes
             have
             served
             themselves
             against
             Laymen
             ,
             to
             get
             the
             jurisdiction
             over
             them
             ,
             even
             Kings
             and
             Princes
             ,
             have
             beene
             Ecclesiasticall
             denuntiations
             :
             for
             upon
             complaint
             and
             information
             made
             unto
             them
             against
             a
             Layman
             ,
             they
             would
             cause
             him
             to
             be
             summoned
             before
             them
             :
             namely
             then
             ,
             when
             there
             was
             any
             oath
             in
             the
             businesse
             ,
             or
             any
             sinne
             might
             follow
             upon
             it
             ,
             which
             commonly
             fell
             out
             in
             all
             causes
             .
             And
             suppose
             all
             this
             failed
             ,
             the
             Plaintife
             needed
             but
             sweare
             ,
             that
             hee
             looked
             for
             no
             justice
             from
             the
             Lay
             Iudge
             ,
             as
             the
             articles
             of
             the
             States
             of
             Germany
             have
             it
             .
          
           
             2
             Wee
             have
             a
             pretty
             example
             in
             
               Philip
               Augustus
            
             King
             of
             France
             ,
             who
             having
             some
             difference
             with
             King
             Iohn
             of
             England
             ,
             surnamed
             Lacke-land
             ,
             concerning
             the
             Dukedome
             of
             Guyen
             and
             Earledome
             of
             Poictiers
             ,
             
             which
             Philip
             supposed
             to
             belong
             to
             him
             ,
             because
             homage
             was
             not
             done
             for
             them
             ;
             and
             concerning
             the
             Dukedome
             of
             Brittaine
             ,
             which
             was
             confiscated
             unto
             him
             by
             the
             murther
             of
             Arthur
             ,
             King
             Iohns
             Nephew
             ,
             whom
             he
             had
             killed
             ;
             hee
             was
             summoned
             to
             Rome
             by
             Innocent
             the
             third
             ,
             upon
             the
             information
             made
             by
             Iohn
             ,
             supposing
             that
             the
             Pope
             ought
             to
             have
             the
             determining
             of
             their
             controversie
             ,
             by
             
             reason
             of
             an
             oath
             upon
             the
             setling
             of
             the
             lands
             formerly
             made
             betweene
             the
             two
             Kings
             ,
             
             and
             the
             violation
             thereof
             :
             concerning
             which
             hee
             writ
             at
             large
             to
             the
             Bishops
             of
             France
             ,
             that
             they
             would
             approve
             of
             his
             procee●ings
             ,
             which
             was
             so
             well
             liked
             by
             his
             successors
             ,
             that
             they
             canoniz'd
             his
             Decretall
             ,
             which
             neverthelesse
             hath
             beene
             disliked
             by
             some
             Devines
             .
             And
             for
             the
             Canonists
             ,
             
             some
             of
             them
             have
             said
             ,
             that
             the
             Protestation
             which
             he
             makes
             at
             the
             beginning
             of
             it
             ,
             contradicts
             the
             Act
             it selfe
             ;
             in
             as
             much
             as
             he
             declareth
             that
             hee
             will
             not
             meddle
             with
             the
             jurisdiction
             of
             the
             Kings
             of
             France
             ,
             which
             neverthelesse
             hee
             did
             ;
             for
             the
             feudall
             differences
             being
             determined
             by
             the
             Peeres
             of
             France
             ,
             betwixt
             Philip
             the
             Lord
             ,
             and
             Iohn
             the
             Vassall
             ,
             yet
             the
             Pope
             would
             have
             his
             Legats
             to
             have
             the
             cognizance
             of
             them
             ;
             for
             heark
             how
             he
             speak●
             ,
             That
             Philip
             
               would
               patiently
               suffer
               the
               Abbat
               of
            
             Casemar
             ,
             
               and
               the
               Archbishop
               of
            
             Bourges
             
               to
               have
               the
               full
               hearing
               ,
               whether
               the
               complaint
               put
               up
               against
               him
               be
               just
               ,
               or
               his
               exception
               legall
               .
            
             The
             observations
             of
             learned
             Cujacius
             up
             〈◊〉
             that
             Chapter
             are
             remarkable
             .
             
             
               He
               protesteth
            
             (
             saith
             he
             )
             
               doing
               one
               thing
               an●●etending
               another
               ,
               not
               to
               intermeddle
               nor
               usurpe
               the
               cognizance
               of
               the
               fieffs
               belo●ging
               to
               the
               King
               ,
               which
               he
               knoweth
               to
               appertaine
               to
               the
               King
               and
               the
               Peeres
               of
            
             France
             ,
             
               but
               onely
               to
               have
               the
               cognizance
               of
               the
               perjury
               .
            
             And
             he
             afterwards
             addes
             ;
             
               All
               this
               he
               wrote
               to
               appease
               the
               Prelates
               of
            
             France
             ,
             
               and
               beare
               them
               in
               hand
               that
               he
               proceeded
               justly
               against
               their
               King
               ,
               and
               put
               all
               his
               Kingdome
               in
               an
               interdict
               upon
               this
               occasion
               ;
               yet
               for
               all
               that
               he
               gained
               nothing
               by
               it
               .
            
          
           
             3
             In
             the
             time
             of
             Saint
             Lewes
             a
             great
             complaint
             was
             made
             against
             Innocent
             the
             fourth
             by
             the
             Nobility
             of
             France
             ,
             upon
             occasion
             of
             such
             usurpations
             .
             Yea
             in
             so
             much
             that
             they
             put
             out
             a
             very
             bitter
             declaration
             ,
             which
             startled
             him
             a
             little
             ,
             as
             the
             English
             Historians
             doe
             record
             .
             Loe
             here
             a
             piece
             of
             it
             .
             
             
               All
               we
               prime
               men
               of
               the
               Kingdome
               ,
               perceiving
               out
               of
               our
               deepe
               judgement
               ,
               that
               the
               Kingdome
               was
               not
               got
               by
               Law
               written
               ,
               nor
               by
               the
               ambition
               of
               Clergy-men
               ,
               but
               by
               the
               sweat
               of
               warre
               ,
               doe
               enact
               and
               ordaine
               by
               this
               present
               decree
               ,
               and
               by
               joynt
               oath
               ,
               that
               no
               Clerke
               nor
               Layman
               shall
               sue
               one
               another
               before
               the
               Ordinary
               ,
               or
               Ecclesiasticall
               Iudge
               ,
               unlesse
               it
               be
               in
               case
               of
               heresie
               ,
               marriages
               ,
               and
               usury
               ,
               upon
               paine
               of
               confiscating
               all
               their
               goods
               ,
               and
               the
               losse
               of
               a
               limbe
               to
               the
               transgressors
               hereof
               :
               for
               which
               certaine
               executioners
               shall
               be
               appointed
               ,
               that
               so
               our
               jurisdiction
               being
               resuscitated
               may
               revive
               againe
               ,
               and
               those
               who
               have
               enriched
               themselves
               by
               our
               poverty
               (
               amongst
               whom
               God
               for
               their
               pride
               hath
               raised
               up
               prophane
               contentions
               )
               may
               be
               reduced
               to
               the
               state
               of
               the
               Primitive
               Church
               ,
               and
               living
               in
               contemplation
               may
               shew
               us
               those
               miracles
               which
               are
               fled
               out
               of
               the
               world
               a
               long
               time
               agoe
               ,
               and
               wee
               in
               the
               meane
               time
               lead
               an
               active
               life
               as
               it
               is
               fitting
               .
            
             The
             Historian
             addes
             ,
             
               The
               Pope
               having
               heard
               these
               things
               ,
               sighed
               with
               a
               troubled
               minde
               ,
               and
               desiring
               to
               appease
               their
               hearts
               ,
               and
               breake
               their
               courage
               ,
               after
               hee
               had
               admonished
               them
               ,
               he
               frighted
               them
               with
               threats
               ,
               but
               he
               did
               no
               good
               for
               all
               that
               .
            
          
           
             4
             The
             King
             of
             England
             ,
             in
             imitation
             of
             our
             French
             ,
             made
             also
             a
             Statute
             for
             the
             preservation
             of
             his
             justice
             .
             
             
               The
               same
               yeere
            
             1247
             (
             saith
             
               Matthew
               Paris
            
             )
             
               the
               King
               of
            
             England
             
               following
               the
               example
               of
               those
               Lords
               that
               made
               these
               Statutes
               in
            
             France
             
               which
               were
               approved
               and
               sealed
               by
               their
               King
               ,
               to
               tame
               in
               part
               the
               insatiable
               greedinesse
               of
               the
               Court
               of
            
             Rome
             ,
             
               ordain'd
               that
               these
               things
               following
               should
               be
               inviolably
               observed
               .
               To
               wit
               ,
               that
               Laymen
               should
               not
               be
               convented
               before
               an
               Ecclesiasticall
               Iudge
               in
               case
               of
               perjury
               ,
            
             or
             for
             breach
             of
             promise
             .
             Gregory
             the
             seventh
             kept
             a
             fine
             decorum
             ,
             when
             after
             hee
             had
             deposed
             out
             of
             hand
             the
             Emperor
             Henry
             the
             fourth
             ,
             when
             he
             was
             doing
             his
             pennance
             at
             Rome
             ,
             and
             created
             Ralph
             in
             his
             stead
             ,
             he
             would
             afterwards
             be
             the
             judge
             of
             their
             controversie
             ,
             to
             see
             whether
             had
             the
             wrong
             .
             
             A
             Germane
             Priest
             makes
             mention
             of
             the
             pennance
             appointed
             to
             the
             said
             Henry
             ,
             whereof
             wee
             speake
             in
             another
             place
             :
             he
             saith
             moreover
             ,
             that
             in
             the
             time
             of
             the
             vacancy
             ,
             
               The
               Pope
               sent
               a
               
               crowne
               of
               gold
               to
            
             Ralph
             
               Duke
               of
            
             Suevia
             ,
             
             accompanied
             with
             a
             verse
             which
             we
             have
             cut
             into
             two
             as
             good
             as
             the
             Latine
             .
             
               
                 
                   Petra
                   dedit
                   Romam
                   Petro
                   ,
                   tibi
                   Papa
                   Coronam
                   .
                
              
               
                 
                   The
                   Rocke
                   gave
                   
                     Peter
                     Rome
                  
                   in
                   fee
                   :
                
                 
                   The
                   Pope
                   bestowes
                   the
                   crowne
                   on
                   thee
                   .
                
              
            
             He
             addes
             ,
             that
             the
             Pope
             
               commanded
               the
               Archbishops
               of
            
             Mayence
             and
             Cullen
             ,
             
               and
               other
               Princes
               and
               Bishops
               of
            
             Germany
             
               to
               take
            
             Ralphs
             
               part
               ,
               and
               to
               make
               him
               Emperour
               ;
               which
               was
               done
               accordingly
               .
               That
               the
               Bishop
               of
            
             Strasburg
             ,
             
               the
               Emperours
               great
               friend
               ,
               going
               to
            
             Rome
             ,
             
               after
               hee
               had
               sought
               him
               diligently
               a
               long
               time
               through
               the
               City
               ,
               and
               found
               him
               in
               the
               places
               consecrated
               to
               the
               Martyrs
               ,
               and
               told
               him
               of
               the
               new
               election
               ,
               and
               how
               much
               it
               concerned
               him
               to
               goe
               to
            
             Germany
             
               in
               all
               haste
               ,
               to
               ●ll
               ,
               ●nfort
               ●his
               friends
               ,
               and
               repell
               the
               force
               of
               his
               enemies
               ,
               the
               Emperour
               making
               ●omewhat
               nice
               of
               departing
               without
               the
               leave
               of
               the
               Sea
               Apostolique
               ,
               the
               Bishop
               enformed
               him
               that
               all
               the
               mischiefe
               of
               the
               treason
               proceeded
               from
               the
            
             Romane
             
               treachery
               ,
               and
               that
               it
               was
               necessary
               he
               should
               flie
               away
               privily
               ,
               if
               he
               would
               avoid
               being
               taken
               .
            
          
           
             5
             The
             case
             being
             thus
             ,
             let
             us
             now
             heare
             the
             narration
             which
             Gregory
             made
             hereof
             ,
             in
             his
             Bull
             of
             excommunication
             ,
             and
             his
             pretence
             for
             the
             judgement
             .
             
               Certaine
               Bishops
               ,
               
               and
               Princes
               of
               Germany
               (
               saith
               he
               )
               having
               been
               a
               long
               time
               vexed
               by
               that
               wilde
               beast
               ,
               in
               stead
               of
               Henry
               ,
               who
               fell
               from
               the
               Empire
               by
               reason
               of
               his
               offences
               ,
               chose
               Ralph
               of
               Suevia
               for
               their
               head
               and
               King
               ;
               who
               ,
               using
               such
               modesty
               and
               sincerity
               as
               befits
               a
               King
               ,
               sent
               his
               commissioners
               forthwith
               unto
               me
               ,
               to
               give
               me
               to
               understand
               that
               he
               undertooke
               the
               managing
               of
               the
               Empire
               against
               his
               will
               :
               That
               notwithstanding
               hee
               was
               not
               so
               desirous
               of
               reigning
               ,
               but
               that
               he
               lov'd
               rather
               to
               obey
               us
               ,
               than
               those
               who
               promised
               him
               the
               Empire
               :
               That
               he
               would
               be
               alwayes
               under
               our
               power
               and
               Gods
               ;
               and
               to
               the
               intent
               we
               may
               be
               assured
               that
               he
               will
               be
               so
               ,
               he
               hath
               promised
               to
               deliver
               his
               children
               unto
               us
               for
               hostages
               .
               From
               thenceforth
               Henry
               hath
               begunne
               to
               vexe
               himselfe
               ,
               and
               intreat
               us
               at
               first
               to
               repell
               Ralph
               from
               usurping
               the
               Empire
               ,
               by
               anathema's
               :
               I
               replyed
               that
               I
               would
               see
               who
               had
               the
               right
               ,
               and
               that
               I
               would
               send
               my
               Nuncio's
               to
               examine
               the
               whole
               businesse
               ,
               and
               afterwards
               I
               would
               judge
               who
               had
               the
               better
               cause
               .
            
          
           
             6
             They
             have
             gone
             so
             farre
             in
             this
             point
             ,
             that
             they
             have
             attempted
             to
             exercise
             jurisdiction
             over
             Kings
             and
             Princes
             in
             their
             owne
             cause
             ;
             
             as
             Boniface
             the
             eighth
             ,
             who
             having
             a
             controversie
             with
             King
             Edward
             the
             first
             of
             England
             touching
             the
             Realme
             of
             Scotland
             ,
             which
             the
             Pope
             said
             belonged
             to
             the
             Church
             of
             Rome
             ,
             he
             writ
             to
             him
             ,
             
               That
               if
               he
               pretended
               any
               title
               to
               the
               Realme
               of
            
             Scotland
             ,
             
               or
               any
               part
               thereof
               ,
               he
               should
               send
               his
               Proctours
               and
               speciall
               Ambassadours
               to
               the
               See
               Apostolique
               ,
               with
               all
               his
               rights
               and
               instruments
               belonging
               to
               that
               particular
               ,
               there
               to
               receive
               full
               justice
               upon
               the
               premises
               .
            
             The
             King
             of
             England
             caused
             answer
             to
             be
             made
             unto
             the
             Pope
             by
             the
             chiefe
             Lords
             and
             Barons
             of
             his
             Kingdome
             assembled
             together
             in
             Parliament
             (
             as
             they
             call
             it
             )
             where
             they
             say
             concerning
             this
             point
             ,
             
             
               That
               the
               Kings
               of
               England
               have
               not
               nor
               ought
               not
               to
               answer
               for
               the
               titles
               which
               they
               pretend
               to
               the
               said
               Kingdome
               ,
               or
               other
               temporall
               matters
               ,
               before
               any
               Iudge
               Ecclesiasticall
               or
               Civill
               ,
               by
               reason
               of
               their
               royall
               dignity
               and
               prerogative
               ,
               and
               the
               custome
               inviolably
               observed
               in
               all
               ages
               .
               Wherefore
               after
               mature
               deliberation
               and
               advice
               about
               the
               contents
               of
               your
               letters
               ,
               the
               common
               and
               unanimous
               consent
               of
               all
               and
               every
               one
               of
               us
               was
               ,
               and
               shall
               be
               without
               starting
               for
               the
               future
               ,
               that
               our
               King
               ought
               not
               any
               way
               judicially
               to
               make
               answer
               before
               you
               concerning
               his
               right
               to
               the
               Kingdome
               of
               Scotland
               ,
               or
               other
               temporals
               ,
               nor
               in
               any
               wise
               submit
               to
               your
               
               sentence
               ,
               or
               bring
               his
               right
               in
               question
               and
               dispute
               ,
               
               or
               send
               his
               Proctours
               and
               Ambassadours
               before
               you
               for
               that
               purpose
               :
               and
               we
               doe
               not
               allow
               nor
               will
               in
               any
               wise
               allow
               ,
               what
               we
               neither
               can
               nor
               may
               ,
               that
               our
               King
               ,
               (
               if
               he
               would
               )
               doe
               the
               said
               things
               which
               are
               inusuall
               ,
               unlawfull
               ,
               prejudiciall
               ,
               and
               unheard
               of
               ;
               nor
               that
               he
               goe
               about
               to
               doe
               them
               in
               any
               wise
               .
            
          
           
             7
             
               Innocent
               the
               fourth
               (
               saith
               another
               Historian
               )
               caused
               Henry
               the
               third
               King
               of
               England
               to
               be
               summoned
               before
               him
               to
               answer
               to
               one
               David
               a
               vassall
               of
               his
               ,
               and
               to
               give
               him
               satisfaction
               ,
               as
               hee
               said
               ,
               
               for
               some
               injuries
               which
               hee
               had
               done
               him
               :
               this
               thing
               was
               derided
               and
               made
               a
               mocke
               of
               among
               many
               .
            
          
           
             8
             They
             have
             not
             only
             attempted
             to
             determine
             of
             profane
             matters
             between
             Lay
             men
             ;
             but
             which
             is
             more
             ,
             to
             disanull
             and
             correct
             the
             sentences
             of
             Emperours
             and
             Princes
             ,
             having
             caused
             their
             Arrests
             in
             this
             kind
             to
             bee
             enrolled
             in
             their
             books
             ,
             as
             marks
             and
             Trophies
             of
             their
             victories
             ,
             and
             to
             serve
             for
             perpetuall
             presidents
             for
             the
             future
             .
             
             So
             Clement
             the
             fifth
             cassed
             the
             sentence
             and
             proceedings
             of
             the
             Emperour
             Henry
             the
             sixth
             ,
             or
             the
             seventh
             against
             Robert
             King
             of
             Sicily●
             his
             vassall
             in
             case
             of
             treason
             .
             Heark
             how
             he
             speak●s
             of
             it
             ;
             
               We
               aswell
               out
               of
               the
               superiority
               ,
               which
               without
               question
               ,
               wee
               have
               over
               the
               Empire
               ,
               as
               out
               of
               that
               power
               ,
               by
               virtue
               whereof
               we
               succeed
               the
               Emperour
               when
               the
               Empire
               is
               vacant
               ,
               but
               especially
               out
               of
               the
               plenitude
               of
               that
               power
               which
               Christ
               the
               King
               of
               Kings
               ,
               and
               Lord
               of
               Lords
               hath
               confer'd
               upon
               us
               ,
               though
               unworthy
               ,
               in
               the
               person
               of
               S.
            
             Peter
             ,
             
               with
               the
               advice
               of
               our
               brethren
               ,
               declare
               and
               pronounce
               the
               sentence
               ,
               and
               all
               the
               proceedings
               aforesaid
               ,
               together
               with
               all
               that
               followed
               thereupon
               ,
               or
               from
               that
               occasion
               ,
               to
               be
               null
               ,
               invalid
               ,
               and
               without
               effect
               .
            
          
           
             9
             But
             see
             the
             censure
             which
             a
             Doctour
             of
             ours
             passeth
             upon
             that
             Clementine
             ;
             
             
               In
               this
               Chapter
            
             (
             saith
             he
             )
             
               there
               are
               somethings
               which
               taste
               a
               little
               of
               the
               truth
               of
               law
               ,
               and
               somethings
               which
               doe
               nere
               a
               whit
               taste
               of
               it
               ;
               and
               herein
               the
               Pope
               hath
               beene
               more
               partiall
               than
               Apostolicall
               .
            
          
           
             10
             Now
             because
             the
             Popes
             found
             some
             resistance
             now
             and
             then
             ,
             when
             they
             attempted
             the
             jurisdiction
             over
             Lay
             men
             ,
             to
             make
             the
             streame
             of
             their
             usurpation
             run
             more
             even
             ,
             they
             begun
             to
             metamorphize
             Lay
             men
             into
             Clergy
             men
             ,
             or
             (
             to
             speake
             more
             properly
             )
             to
             dresse
             them
             up
             in
             a
             Maske
             ,
             and
             make
             them
             appeare
             such
             when
             they
             came
             to
             them
             .
             Marsilius
             of
             Padua
             hath
             detected
             this
             policy
             unto
             us
             ;
             Boniface
             the
             8
             ,
             
             (
             saith
             hee
             )
             
               to
               enhanse
               his
               Secular
               jurisdiction
               ,
               ranked
               all
               such
               amongst
               the
               number
               of
               Clergy-men
               ,
               as
               had
               married
               a
               Virgin
               ,
               and
               who
               contented
               themselves
               with
               one
               wife
               :
               and
               ordained
               by
               his
               Decretals
               ,
               that
               they
               should
               be
               accounted
               for
               such
               .
               And
               not
               containing
               themselves
               within
               these
               bounds
               ,
               they
               have
               exempted
               from
               all
               hu●●●●●
               Civill
               Lawes
               ,
               a
               company
               of
               Lay
               men
               ,
               whom
               in
            
             Italy
             
               they
               call
            
             Fratres
             Gaudentes
             ,
             
               but
               elsewhere
            
             Beguins
             :
             
               as
               also
               the
            
             Templars
             ,
             Hospitallers
             ,
             
               and
               other
               such
               like
               Orders
               ;
               together
               with
               them
               that
               are
               called
               ,
            
             De
             alto
             pas●i●
             .
             
               And
               by
               the
               same
               reason
               ,
               they
               might
               doe
               so
               with
               all
               the
               rest
               .
               But
               if
               all
               those
               that
               be
               of
               this
               kinde
               ,
               bee
               thereby
               exemp●ed
               from
               the
               juris●iction
               of
               Pri●ce●●
               accordi●g
               to
               their
               Decre●als
               ;
               it
               is
               very
               probable
               that
               most
               part
               of
               men
               will
               enter
               themselves
               in
               their
               societies
               ,
               considering
               that
               they
               receive
               ,
               without
               any
               ●ifferenc●
               ,
               aswell
               the
               u●learned
               as
               learned
               .
            
          
           
             11
             
               M.
               Peter
               Cug●ores
            
             said
             the
             very
             ●●●e
             in
             his
             pleadings
             ;
             
             
               To
               the
               end
               that
               the
               Ecclesiasticall
               Court
               may
               be
               enlarged
               .
            
             (
             saith
             hee
             )
             
               the
               Prelates
               make
               a
               great
               many
               shave-pates
               ,
               some
               infants
               at
               under
               age
               ,
               some
               the
               children
               of
               servants●
               some
               married
               me●●●learned
               and
               insufficient
               .
            
             We
             will
             conclude
             this
             discourse
             with
             the
             saying
             of
             
               Cy●●●
               Pist●r●usis
            
             ,
             
             one
             of
             our
             ●ost
             ancient
             law
             commentatours
             ,
             
               The
               Popes
               Court
               ●o●ld
               gladly
               have
               all
               the
               world
               to
               bee
               squ●●azed
               in
               it
               ,
               so
               great
               is
               their
               insatiable
               desire
               of
               〈◊〉
               and
               〈…〉
            
          
           
             12
             The
             States
             of
             Germany
             〈…〉
             ●efo●●ation
             in
             respect
             of
             the
             Popes
             〈◊〉
             and
             Delegates
             ,
             which
             〈…〉
             all
             Provinces●
             and
             
             which
             are
             ever
             a
             meanes
             to
             augment
             both
             his
             power
             and
             riches
             .
             
             
               The
               Popes
               Holynesse
               (
               say
               they
               )
               upon
               the
               request
               of
               the
               Clergy
               ,
               is
               wont
               to
               send
               his
               Commissaries
               and
               Delegate
               Iudges
               through
               Germany
               ,
               as
               Iudges
               Ecclesiasticall
               ,
               to
               the
               end
               that
               the
               plaintives
               that
               procure
               them
               may
               cause
               Lay
               men
               of
               what
               ranke
               and
               quality
               soever
               ,
               to
               be
               convented
               before
               them
               in
               judgement
               for
               profane
               matters
               .
            
          
           
             
             13
             The
             Peeres
             of
             France
             complained
             likewise
             of
             these
             Commissaries
             and
             Delegates
             in
             the
             time
             of
             
               S.
               Lewes
            
             ,
             as
             wee
             have
             seene
             proved
             already
             out
             of
             the
             place
             before
             cited
             .
             So
             Innocent
             the
             third
             delegated
             the
             Abbat
             of
             Casemar
             ,
             and
             the
             Archbishop
             of
             Bourges
             ,
             to
             judge
             the
             controversie
             betweene
             the
             King
             of
             England
             and
             France
             .
          
           
             14
             Charles
             the
             seventh
             speaks
             of
             these
             Commissaries
             in
             his
             Ordinance
             of
             the
             yeer
             1422
             ;
             Divers
             (
             saith
             he
             )
             
               doe
               endeavour
               to
               cite
               our
               subjects
               ,
               or
               cause
               them
               to
               be
               cited
               in
               the
               Court
               of
            
             Rome
             ,
             
               or
               before
               certaine
               Commissaries
               or
               Delegates
               of
               our
               Holy
               Father
               ,
               which
               is
               directly
               to
               offend
               against
               the
               liberties
               and
               priviledges
               of
               the
               Church
               ,
            
          
           
             
             15
             So
             farre
             is
             the
             Councell
             from
             providing
             against
             this
             complaint
             ,
             that
             poynt
             blanck
             to
             the
             contrary
             it
             hath
             ordained
             certaine
             delegated
             Iudges
             ,
             whom
             it
             will
             have
             appointed
             and
             sent
             into
             every
             Diocese
             ,
             to
             the
             number
             of
             foure
             or
             upwards
             ;
             according
             to
             the
             nomination
             which
             shall
             be
             made
             in
             the
             Provinciall
             Synod
             ,
             or
             Councell
             of
             the
             Diocese
             ,
             so
             as
             the
             names
             be
             sent
             to
             the
             Pope
             :
             As
             if
             there
             were
             not
             Iudges
             enough
             already
             ,
             even
             Ecclesiasticall
             ,
             but
             they
             must
             needs
             proceed
             to
             a
             new
             creation
             .
             Which
             mainly
             concernes
             Kings
             and
             Princes
             ,
             without
             whose
             will
             and
             consent
             ,
             new
             Iudges
             cannot
             be
             established
             within
             their
             Dominions
             .
          
           
             16
             They
             addressed
             a
             complaint
             also
             against
             the
             Popes
             Legates
             ,
             which
             are
             his
             Quaestors
             and
             Treasurers
             ,
             whom
             hee
             sends
             into
             the
             Provinces
             ;
             who
             like
             those
             that
             traffique
             in
             Peru
             ,
             bring
             us
             little
             guegawes
             ,
             to
             transport
             our
             gold
             for
             them
             :
             Yea
             which
             proceed
             further
             now
             adayes
             ,
             and
             embroyle
             themselves
             in
             making
             of
             Leagues
             to
             alter
             the
             state
             of
             Countries
             .
             The
             request
             which
             they
             made
             was
             very
             pertinent
             ;
             namely
             ,
             that
             it
             might
             not
             be
             lawfull
             for
             such
             Legates
             to
             legitimate
             bastards
             ,
             incestuous
             persons
             ,
             and
             such
             as
             were
             got
             by
             a
             damnable
             copulation
             ,
             
             so
             as
             to
             qualifie
             them
             to
             inherit
             with
             other
             legitimate
             children
             ,
             and
             make
             them
             capable
             of
             all
             offices
             and
             dignities
             .
          
           
             17
             This
             power
             hath
             beene
             oftentimes
             granted
             to
             the
             Legates
             that
             came
             into
             France
             ,
             and
             amongst
             others
             to
             Cardinal
             
               de
               Boissy
            
             ,
             who
             was
             sent
             hither
             Ann.
             1519
             ,
             in
             whose
             faculties
             this
             Article
             was
             included
             ;
             
               The
               power
               of
               dispensing
               in
               default
               of
               legitimate
               birth
               for
               inheriting
               of
               lands
               .
            
             As
             also
             to
             the
             Cardinall
             of
             Ferrara
             1561
             in
             the
             6
             Article
             of
             his
             faculties
             ;
             
               And
               likewise
               to
               legitimat
               all
               bastards
               of
               either
               sex
               ,
               even
               those
               that
               are
               borne
               by
               unlawfull
               and
               damnable
               conjunction
               ,
               
               joyntly
               or
               severally
               ,
               so
               as
               they
               may
               bee
               admitted
               to
               their
               fathers
               inheritance
               ,
               and
               all
               other
               goods
               whatsoever
               ,
               whether
               hereditary
               ,
               or
               emphyte●tiques
               ,
               without
               prejudice
               of
               those
               that
               should
               succeed
               the
               intestate
               ,
               and
               received
               to
               all
               kinds
               of
               dignities
               ,
               Magistracies
               ,
               offices
               as
               well
               publique
               as
               private
               ;
               and
               to
               exercise
               them
               in
               like
               manner
               ,
               as
               if
               they
               had
               been
               truely
               begot
               in
               true
               and
               lawfull
               Matrimony
               ;
               and
               to
               cleare
               them
               and
               take
               away
               all
               staine
               of
               birth
               ,
               and
               restore
               them
               to
               their
               originall
               legitimate
               rights
               of
               nature
               .
            
          
           
             18
             Espensaeus
             exclaimes
             against
             these
             legitimations
             ,
             and
             condemnes
             them
             as
             illegitimate
             ;
             
               What
               shall
               wee
               say
               (
               saith
               he
               )
               of
               this
               ,
               that
               by
               meanes
               of
               this
               money
               ,
               they
               legitimate
               bastards
               ,
               or
               such
               as
               are
               begotten
               by
               a
               damned
               conjunction
               ,
               in
               unlawfull
               marriage
               against
               the
               lawes
               of
               God
               ,
               the
               Church
               ,
               and
               the
               Prince
               ;
               making
               th●m
               capab●●
               an●
               fit
               for
               the
               administration
               of
               all
               places
               and
               dignities
               ,
               and
               to
               share
               equa●●y
               in
               the
               inheritanc●
               with
               the
               lawfully
               begotten
               .
            
             
             Hee
             disclaimes
             also
             divers
             other
             Articles
             of
             these
             kinde
             of
             faculties
             ,
             
             as
             appeares
             by
             the
             passage
             which
             we
             have
             urged
             elsewhere
             ,
             speaking
             of
             the
             penitentiary
             taxes
             of
             the
             Church
             of
             Rome
             .
          
           
             19
             This
             power
             was
             never
             more
             than
             imaginary
             in
             France
             ;
             for
             Legates
             were
             never
             permitted
             to
             exercise
             this
             faculty
             there
             ,
             as
             being
             contrary
             to
             the
             Lawes
             of
             the
             Land
             ,
             and
             indeed
             heark
             what
             the
             Collection
             of
             the
             liberties
             of
             the
             Gallican
             Church
             saith
             concerning
             this
             point
             ;
             
               The
               Pope
               cannot
               legitimate
               bastards
               and
               illegitimate
               persons
               ,
               
               so
               as
               to
               make
               them
               capable
               of
               succeeding
               ,
               or
               being
               succeeded
               by
               others
               ,
               nor
               to
               beare
               office
               ,
               and
               purchase
               temporall
               estates
               in
               this
               Kingdome
               .
            
          
           
             20
             Many
             other
             abuses
             might
             be
             here
             alledged
             which
             are
             committed
             in
             these
             faculties
             ,
             as
             they
             call
             them
             ,
             &
             that
             in
             particular
             ,
             which
             is
             so
             ordinary
             that
             it
             can
             never
             be
             forgotten
             :
             
               To
               derogate
               from
               all
               Decrees
               of
               Councels
               ,
               and
               dispense
               with
               them
               ,
               or
            
             (
             as
             others
             terme
             it
             )
             
               to
               put
               a
               dorre
               or
               obstacle
               before
               the
               Councell
               ,
               and
               other
               Constitutions
               derogatory
               to
               them
               .
            
             Of
             which
             abuse
             Gerson
             speakes
             thus
             :
             
             
               It
               is
               not
               lawfull
               for
               the
               Pope
               to
               make
               so
               much
               adoe
               about
               these
               obstats
               which
               are
               ordain'd
               in
               Generall
               Councels
               .
            
             Cardinall
             Cusan
             in
             his
             booke
             
               De
               Concordiâ
               Catholicâ
            
             ,
             makes
             a
             large
             Chapter
             of
             this
             .
             But
             we
             should
             have
             enough
             to
             doe
             if
             we
             would
             seeke
             out
             all
             the
             abuses
             and
             usurpations
             of
             the
             Court
             of
             Rome
             .
          
        
         
           
             CHAP.
             IX
             .
             Of
             the
             Popes
             usurpation
             of
             Lordships
             ,
             and
             Kingdomes
             .
          
           
             1
             THey
             have
             laboured
             hard
             to
             usurpe
             Lordships
             ,
             Kingdomes
             ,
             and
             Empires
             ,
             insomuch
             that
             they
             quite
             forgot
             the
             care
             of
             Spirituals
             .
             Two
             maine
             causes
             have
             moved
             them
             hereunto
             ,
             Avarice
             and
             Ambition
             .
             We
             shall
             here
             prosecute
             onely
             so
             much
             as
             concernes
             the
             first
             ,
             or
             at
             least
             as
             belongs
             jointly
             to
             both
             .
             
             Marsilius
             of
             
               Padua
               ,
               Not
               content
               with
               those
               Temporalls
               ,
               which
               were
               bestowed
               upon
               them
               by
               Princes
               ,
               by
               reason
               of
               their
               insatiable
               appetite
               they
               have
               seized
               upon
               many
               temporall
               things
               that
               of
               right
               belong
               to
               the
               Empire
               ,
               as
               the
               Cities
               of
            
             Romandiola
             ,
             Ferrara
             ,
             and
             Bononia
             ,
             
               with
               divers
               other
               possessions
               ,
               and
               many
               lands
               ,
               and
               Lordships
               ,
               then
               especially
               when
               the
               Empire
               was
               vacant
               .
            
          
           
             2
             Langius
             reporteth
             a
             passage
             out
             of
             the
             Chronicles
             of
             
               Engelbert
               Wester●itz
            
             ,
             
             a
             Clerke
             of
             Brandenburg
             ,
             where
             as
             much
             is
             said
             of
             the
             City
             of
             Rome
             ,
             
               The
               keyes
               whereof
               (
               saith
               he
               )
               were
               presented
               by
               the
               Citizens
               to
               Innocent
               the
               seventh
               ,
               with
               branches
               of
               Palme
               trees
               ,
               and
               the
               temporall
               dominion
               thereof
               granted
               unto
               him
               .
               but
               with
               little
               equity
               and
               commendation
               ;
               forasmuch
               as
               the
               abundance
               of
               temporall
               things
               are
               no
               little
               impediment
               to
               spirituall
               ;
               and
               the
               Pope
               ,
               who
               is
               Saint
               Peters
               successor
               ,
               ought
               not
               to
               take
               this
               dangerous
               temporall
               dominion
               upon
               him
               ;
               for
               we
               never
               reade
               that
               in
               former
               times
               ,
               even
               after
               the
               donation
               of
               Constantine
               ,
               (
               in
               which
               our
               curious
               Canonists
               doe
               greatly
               hugge
               themselves
               )
               that
               any
               Pope
               did
               administer
               the
               temporall
               dominion
               of
               the
               City
               of
               Rome
               :
               but
               in
               these
               latter
               daies
               ,
               and
               within
               our
               memorie
               some
               Popes
               have
               ventur'd
               to
               meddle
               with
               it
               ,
               thereby
               heaping
               upon
               themselves
               both
               cares
               and
               troubles
               ;
               howbeit
               ,
               from
               all
               antiquity
               ,
               Rome
               was
               ever
               the
               royall
               and
               imperiall
               City
               ,
               else
               he
               that
               should
               be
               lawfully
               preferred
               to
               the
               Empire
               
               by
               the
               Electors
               deputed
               ,
               
               whosoever
               he
               were
               ,
               should
               be
               vainly
               and
               idlely
               called
               the
               King
               of
               the
               Romanes
               ,
               as
               commonly
               hee
               is
               by
               the
               ancient
               Historians
               .
            
          
           
             3
             There
             is
             nothing
             here
             but
             very
             true
             :
             and
             yet
             our
             Popes
             ,
             beside
             the
             donation
             of
             Constantine
             ,
             
             have
             forged
             us
             another
             made
             by
             Lewes
             the
             Gentle
             ,
             who
             bestowed
             upon
             them
             the
             City
             of
             Rome
             in
             expresse
             termes
             ,
             howbeit
             the
             ancient
             Historians
             speake
             not
             a
             word
             of
             it
             ,
             and
             it
             is
             plaine
             they
             never
             enioyed
             that
             right
             till
             within
             this
             little
             while
             ,
             to
             wit
             ,
             after
             the
             time
             of
             Boniface
             the
             ninth
             :
             who
             being
             intreated
             by
             the
             Roman●s
             to
             remove
             his
             seat
             from
             Avinion
             to
             Rome
             for
             the
             great
             gaines
             which
             they
             presaged
             they
             should
             reape
             by
             the
             approching
             yeere
             of
             Iubilee
             ,
             he
             being
             arrived
             there
             ,
             seized
             upon
             the
             Cittadell
             of
             the
             Castle
             of
             
               S.
               Angelo
            
             ,
             and
             made
             himselfe
             master
             and
             commander
             of
             the
             City
             for
             him
             and
             his
             successors
             .
             But
             let
             us
             heare
             the
             testimonie
             of
             Guicciardine
             concerning
             this
             .
          
           
             
             4
             
               Being
               returned
               to
               Rome
               upon
               these
               conditions
               ,
               while
               the
               Romanes
               were
               busie
               about
               the
               gaines
               that
               yeere
               1400
               ,
               the
               Pope
               having
               got
               the
               command
               of
               the
               City
               ,
               fortified
               the
               Castle
               of
               St.
               Angelo
               ,
               and
               bestowed
               a
               garrison
               in
               it
               ,
               whose
               successors
               till
               Eugenius
               ,
               although
               they
               were
               troubled
               with
               divers
               difficulties
               ,
               yet
               having
               fully
               established
               their
               government
               for
               the
               future
               ,
               the
               succeeding
               Popes
               have
               ruled
               the
               roast
               at
               Rome
               at
               their
               pleasure
               ,
               without
               any
               contradiction
               .
            
          
           
             5
             But
             we
             shall
             speake
             more
             at
             large
             of
             such
             usurpations
             as
             these
             hereafter
             ;
             we
             will
             onely
             observe
             ,
             that
             the
             Popes
             were
             ever
             so
             crafty
             in
             the
             managing
             of
             Empires
             and
             Kingdomes
             ,
             under
             the
             pretence
             of
             spiritualty
             ,
             as
             to
             pick
             out
             something
             alwaies
             for
             their
             owne
             advantage
             .
             
             So
             Boniface
             to
             take
             up
             the
             quarrell
             which
             was
             betwixt
             the
             King
             of
             England
             and
             Scotland
             ,
             whom
             the
             other
             King
             pretended
             to
             be
             his
             vassall
             ,
             came
             in
             play
             as
             to
             assist
             the
             
               Scotch
               ,
               Affirming
               how
               that
               Kingdome
               belong'd
               of
               right
               to
               the
               Church
               of
            
             Rome
             ,
             
               and
               that
               it
               was
               in
               his
               power
               onely
               to
               give
               it
               or
               take
               it
               from
               whom
               he
               pleased
               :
            
             which
             he
             affirmed
             so
             as
             that
             hee
             would
             needs
             bee
             the
             Iudge
             himselfe
             ,
             but
             hee
             met
             with
             a
             people
             that
             would
             not
             beleeve
             him
             .
          
           
             6
             A
             certaine
             King
             of
             Poland
             called
             Casimire
             ,
             being
             turned
             Monke
             ,
             and
             en●red
             into
             the
             Abbey
             of
             Cluny
             in
             France
             ,
             was
             dispensed
             with
             for
             his
             vow
             by
             Pope
             Bennet
             ,
             
             at
             the
             request
             of
             the
             Polanders
             ,
             repenting
             themselves
             of
             their
             fault
             ;
             so
             as
             he
             had
             licence
             both
             to
             reigne
             and
             to
             marry
             :
             but
             ,
             for
             the
             pot
             of
             wine
             ,
             
               It
               was
               ordained
               by
               the
               Pope
               ,
               that
               the
               Polanders
               should
               pay
               a
               yeerly
               pension
               to
               S.
               Peters
               Church
               in
               Rome
               ,
               for
               maintaining
               of
               candles
               ,
               which
               is
               called
               in
               
                 Polonish
                 ,
                 Snatro
                 Petre
              
               ,
               that
               is
               ,
               
                 S.
                 Peters
                 Saint
              
               .
            
          
           
             7
             Charles
             of
             Anjou
             ,
             brother
             to
             S.
             Lewes
             the
             King
             ,
             was
             by
             Clement
             the
             4
             ,
             who
             prosecuted
             the
             designe
             of
             his
             predecessour
             Vrban
             the
             4
             ,
             
             
               Declared
               King
               of
            
             Ierusalem
             and
             Sicily
             
               with
               this
               condition
               ,
               that
               he
               should
               pay
               fourty
               thousand
               crowns
               yeerly
               to
               the
               Church
               of
            
             Rome
             
               by
               way
               of
               fee.
            
             Wherein
             two
             usurpations
             are
             remarkable●
             one
             in
             the
             manner
             of
             the
             fee
             which
             
               Peter
               Anaclete
            
             the
             anti-Pope
             had
             formerly
             laid
             upon
             Sicily
             :
             
             the
             other
             in
             the
             tribute
             ,
             which
             Clement
             the
             fourth
             added
             de
             ●ovo
             .
          
           
             8
             But
             there
             is
             nothing
             so
             memorable
             as
             the
             usurping
             upon
             the
             Kingdome
             of
             England
             ,
             where
             excommunication
             was
             openly
             profaned
             .
             King
             Iohn
             of
             England
             being
             at
             enmity
             with
             the
             Lords
             of
             the
             Land
             ,
             by
             reason
             of
             certaine
             injuries
             pretended
             to
             be
             done
             unto
             them
             by
             him
             ,
             was
             excommunicated
             by
             Innocent
             the
             third
             ,
             the
             yeere
             1513.
             
             This
             excommunication
             was
             carried
             from
             Rome
             by
             Stephen
             Archbishop
             of
             
               Canterbury
               ,
               William
            
             Bishop
             of
             London
             ,
             and
             Peter
             Bishop
             of
             Ely
             ,
             who
             thundred
             it
             out
             in
             France
             ,
             where
             that
             King
             had
             then
             certaine
             Earledomes
             and
             Duk●dome●
             ,
             
             after
             they
             had
             acquainted
             King
             
               Philip
               Augustus
            
             with
             the
             whole
             businesse
             ,
             
               Whom
               those
               Bishops
               commanded
               ,
               as
               also
               
               all
               others
               for
               the
               remission
               of
               their
               sinnes
               ,
               
               that
               invading
               England
               in
               hostile
               manner
               ,
               they
               should
               depose
               King
               Iohn
               from
               his
               crowne
               and
               dignity
               ,
               and
               substitute
               another
               worthy
               of
               it●
               by
               the
               authority
               Apostolique
               .
               The
               King
               of
               France
               having
               such
               a
               wi●●ed
               occasion
               offered
               ,
               
               made
               ready
               for
               warre●
               and
               mustered
               up
               an
               army
               :
               But
               in
               the
               meane
               time
               ,
               (
               behold
               the
               fraud
               ,
               )
               while
               the
               comming
               of
               the
               King
               of
               France
               was
               expected
               by
               sea
               ,
               Pandulphus
               the
               Popes
               Legate
               ,
               comming
               out
               of
               France
               ,
               goes
               to
               King
               Iohn
               ,
               tels
               him
               what
               eminent
               danger
               hee
               is
               in
               ,
               shewes
               him
               how
               hee
               is
               utterly
               undone
               ,
               unlesse
               hee
               shadow
               himselfe
               under
               the
               Popes
               wings
               .
               The
               King
               having
               learned
               from
               him
               how
               this
               protection
               might
               be
               ,
               sweares
               upon
               the
               holy
               Evangelists
               ,
               in
               the
               presence
               of
               the
               same
               Pandulphus
               ,
               that
               hee
               will
               submit
               unto
               the
               judgement
               of
               the
               Church
               .
            
             Which
             judgement
             of
             the
             Church
             was
             ,
             that
             this
             poore
             King
             should
             be
             a
             vassall
             ,
             a
             slave
             ,
             and
             tributary
             to
             the
             Church
             of
             Rome
             .
             Heare
             the
             words
             of
             the
             same
             Authour
             ensuing
             immediatly
             after●
             
             
               Then
               hee
               resigned
               the
               Crowne
               of
               England
               to
               Pope
               Innocent
               ,
               and
               did
               homage
               unto
               him
               ,
               bringing
               a
               most
               free
               countrey
               into
               bondage
               ,
               to
               be
               made
               King
               of
               his
               owne
               Dominions
               ,
               and
               that
               with
               a
               tribute
               ,
               having
               framed
               an
               instrument
               hereof
               to
               be
               pitied
               and
               abhorred
               of
               all
               those
               that
               understand
               it
               .
            
          
           
             9
             Hee
             that
             would
             read
             the
             Conveyance
             may
             finde
             it
             at
             large
             in
             the
             Histories
             of
             
               Matthew
               Paris
            
             ,
             and
             
               Matthew
               Westminster
            
             ;
             wee
             will
             here
             relate
             so
             much
             of
             it
             as
             shall
             serve
             our
             turne
             ;
             
               Wee
               offer
               and
               give
               unto
               God●
               and
               to
               his
               blessed
               Apostles
               Peter
               and
               Paul
               ,
               to
               our
               mother
               the
               holy
               Church
               of
               Rome
               ,
               to
               Pope
               Innocent
               the
               third
               ,
               and
               his
               successours
               ,
               all
               the
               right
               of
               Patronage
               which
               we
               gave
               to
               the
               Church
               of
               England
               ,
               together
               with
               the
               whole
               Realmes
               of
               England
               and
               Ireland
               ,
               and
               all
               their
               rights
               and
               appurtenances
               ,
               for
               the
               remission
               of
               our
               sinnes
               ,
               and
               the
               sinnes
               of
               our
               progenitors
               (
               as
               well
               alive
               as
               dead
               )
               and
               receiving
               at
               this
               present
               from
               God
               and
               the
               Church
               of
               Rome
               ,
               all
               the
               premisses
               as
               a
               vassall
               and
               feudatary
               ,
               for
               which
               we
               doe
               liege
               homage
               ,
               and
               promise
               fealty
               to
               Pope
               Innocent
               and
               his
               Catholique
               successours
               .
            
             And
             afterwards
             .
             
               And
               in
               witnesse
               of
               this
               our
               gift
               and
               grant
               ,
               we
               will
               and
               decree
               that
               the
               Church
               of
               Rom●
               receive
               yeerly
               a
               thousand
               Markes
               ●●erling
               of
               the
               proper
               revenues
               of
               our
               said
               Kingdomes
               ,
               besides
               the
               Peter-pence
               .
            
          
           
             10
             After
             this
             ,
             that
             honest
             
               Iohn
               Lack-land
            
             was
             absolved
             from
             ●is
             excommunication
             ,
             
               And
               my
               Lord
               Legat
               began
               earnestly
               to
               advise
               the
               King
               of
               France
               to
               desist
               from
               his
               enterprise
               ,
               
               who
               was
               now
               in
               readinesse
               to
               passe
               over
               into
               England
               with
               great
               forces
               .
            
             So
             
               Matthew
               Paris
            
             .
             Another
             relates
             it
             thus
             .
             
               The
               King
               of
               France
               being
               cozened
               by
               the
               many
               talks
               and
               faire
               words
               of
               the
               Popes
               Nuncio's
               ,
               seeing
               King
               Iohn
               sheltered
               under
               the
               shield
               of
               the
               Court
               of
               Rom●
               ,
               gave
               over
               his
               enterprise
               after
               he
               had
               spent
               fourty
               thousand
               pounds
               upon
               it
               ,
               receiving
               thereby
               a
               great
               deale
               of
               shame
               .
            
             Thou
             wrongs
             him
             ,
             Englishman
             ,
             
             it
             is
             the
             sanctity
             of
             Rom●
             which
             should
             have
             blusht
             at
             it
             rather
             .
          
           
             11
             This
             history
             with
             divers
             others
             of
             this
             kinde
             which
             wee
             could
             urge
             ,
             prove
             that
             to
             be
             true
             which
             Marsilius
             of
             Padua
             witnesseth
             .
             
               The
               Bishops
               of
               Rome
               (
               saith
               he
               )
               having
               thus
               broken
               the
               ice
               ,
               they
               first
               excommunicated
               some
               ,
               under
               pretence
               of
               labouring
               for
               peace
               and
               unity
               amongst
               the
               faithfull
               people
               of
               Christ
               ,
               whereas
               it
               is
               indeed
               because
               they
               refused
               to
               stand
               to
               their
               judgement
               .
               Afterwards
               passing
               sentence
               against
               them
               both
               reall
               and
               personall
               ,
               and
               very
               roughly
               against
               some
               (
               namely
               such
               as
               are
               of
               least
               abilities
               to
               resist
               their
               power
               ,
               such
               are
               particular
               persons
               ,
               and
               common-wealths
               in
               Italy
               )
               more
               mildly
               against
               others
               ,
               as
               Kings
               and
               Princes
               ,
               whose
               assistance
               and
               coactive
               power
               they
               are
               afraid
               of
               (
               on
               whom
               notwithstanding
               they
               incroach
               by
               little
               and
               little
               )
               and
               they
               endeavoured
               ordinarily
               to
               doe
               it
               by
               usurping
               upon
               their
               jurisdictions
               ,
               having
               the
               boldnesse
               to
               throw
               at
               all
               at
               once●
               by
               reason
               whereof
               ,
               their
               close
               prevarication
               hath
               hithertoward●
               kept
               secret
               ,
               forasmuch
               as
               concernes
               
               the
               Emperours
               of
               Rome
               and
               their
               subjects
               ;
               
               yet
               so
               as
               that
               now
               they
               say
               they
               have
               all
               the
               coactive
               temporall
               jurisdiction
               .
            
          
           
             12
             The
             Emperour
             Frederick
             the
             second
             being
             excommunicated
             by
             Gregory
             the
             ninth
             ,
             could
             not
             make
             his
             peace
             with
             him
             without
             a
             great
             summe
             of
             mony
             .
             
               He
               obtained
               it
               not
               (
               saith
               Platina
               )
               till
               he
               had
               given
               twenty
               hundred
               thousand
               ounces
               of
               gold
               to
               the
               Church
               of
               Rome
               ,
               
               for
               the
               damages
               which
               hee
               and
               put
               it
               to
               ,
               and
               till
               he
               went
               in
               the
               habit
               of
               a
               supplicant
               as
               farre
               as
               Anagusie
               to
               the
               Pope
               :
               About
               the
               yeere
               1338.
               
            
          
           
             13
             Lewes
             King
             of
             Hungary
             was
             compelled
             to
             buy
             Campania
             at
             a
             deare
             rate
             of
             Clement
             the
             sixth
             ,
             which
             belonged
             to
             him
             as
             heire
             to
             his
             brother
             Andrew
             .
             
               About
               this
               time
               (
               saith
               Aventine
               )
               the
               King
               of
               Hungarie's
               Oratours
               stucke
               fast
               in
               the
               same
               mire
               at
               Avignon
               .
               
               Lewes
               King
               of
               Hungary
               ,
               that
               he
               might
               not
               bee
               excluded
               from
               his
               brothers
               kingdome
               ,
               bought
               Campania
               the
               inheritance
               of
               his
               brother
               Andrew
               ,
               which
               was
               set
               to
               saile
               by
               the
               Pope
               ,
               and
               gave
               him
               two
               millions
               eight
               hundred
               and
               sixty
               thousand
               crownes
               for
               it
               .
            
          
           
             14
             Now
             these
             great
             treasures
             which
             they
             rake
             up
             together
             ,
             are
             partly
             for
             themselves
             ,
             partly
             for
             their
             children
             ,
             nephewes
             ,
             and
             other
             kinsfolkes
             ,
             which
             are
             oftentimes
             seene
             to
             be
             both
             beggars
             and
             Princes
             on
             one
             day
             .
             For
             the
             first
             thing
             they
             doe
             after
             they
             are
             setled
             ,
             is
             to
             preferre
             and
             ennoble
             their
             kindred
             ,
             and
             divide
             amongst
             them
             not
             any
             pettie
             summes
             of
             money
             ,
             but
             whole
             Earledomes
             ,
             Dukedomes
             ,
             and
             Principalities
             ,
             to
             make
             them
             Generals
             of
             Armies
             ,
             and
             such
             like
             things
             ,
             so
             as
             all
             the
             pompe
             and
             magnificence
             is
             for
             them
             .
          
           
             15
             This
             was
             in
             fashion
             in
             
               Marsilius
               de
               Paduaes
            
             ,
             age
             ,
             who
             lived
             about
             336
             yeeres
             agoe
             ;
             for
             speaking
             of
             the
             Popes
             ,
             he
             saith
             ,
             
               They
               either
               bestow
               when
               they
               are
               alive
               ,
               
               or
               bequeath
               when
               they
               are
               like
               to
               dye
               ,
               as
               great
               summes
               of
               money
               as
               they
               can
               ;
               not
               upon
               the
               poore
               ,
               but
               upon
               such
               as
               are
               linckt
               with
               them
               in
               affinity
               or
               otherwise
               ,
               however
               they
               bee
               ,
               robbing
               the
               poore
               of
               them
               .
            
             The
             author
             of
             the
             Vergers
             dreame
             makes
             the
             Knight
             speake
             thus
             :
             
             
               Ye
               never
               consider
               the
               goods
               of
               holy
               Church
               which
               your
               children
               ,
               your
               nephewes
               ,
               your
               parents
               ,
               and
               sometimes
               other
               lewd
               persons
               catch
               away
               .
            
          
           
             16
             Rodericke
             Bishop
             of
             Zamore
             in
             Spaine
             ,
             and
             Constable
             of
             the
             Castle
             of
             St.
             Angelo
             ,
             
             in
             his
             Booke
             entitled
             
               The
               mirrour
               of
               mans
               life
            
             ,
             dedicated
             by
             him
             to
             Pope
             Paul
             the
             second
             ,
             about
             the
             yeere
             1488.
             amongst
             other
             cares
             and
             inconveniences
             of
             the
             Popedome
             reckons
             this
             for
             one
             :
             
               First
               (
               saith
               hee
               )
               domesticke
               care
               is
               an
               hindrance
               ;
               and
               besides
               ,
               that
               most
               unjust
               greedinesse
               ,
               and
               (
               as
               I
               may
               so
               say
               )
               most
               enraged
               madnesse
               of
               preferring
               their
               parents
               ,
               of
               perpetuating
               their
               family
               ,
               
               their
               kindred
               ,
               and
               the
               whole
               generation
               of
               such
               as
               are
               descended
               of
               their
               blood
               ;
               for
               some
               Popes
               would
               not
               have
               one
               onely
               ,
               but
               many
               great
               families
               and
               noble
               houses
               owe
               their
               originall
               to
               them
               ,
               and
               have
               honourable
               principalities
               springing
               from
               them
               .
            
          
           
             17
             These
             are
             they
             of
             whom
             those
             words
             in
             the
             ordinance
             of
             Lewes
             the
             11
             ,
             made
             the
             16
             of
             August
             1478
             ,
             ought
             to
             bee
             understood
             .
             
               It
               is
               a
               strange
               thing
               (
               saith
               he
               )
               that
               the
               unjust
               exactions
               of
               the
               Court
               of
               Rome
               should
               bee
               suffered
               ;
               such
               are
               their
               expectative
               Bulls
               ,
               and
               other
               like
               knackes
               ,
               their
               money
               for
               vacancies
               ,
               which
               is
               levied
               contrary
               to
               the
               holy
               Canons
               and
               Decrees
               ,
               and
               contrary
               to
               the
               determination
               of
               the
               Catholique
               Church
               and
               sacred
               Councels
               ,
               that
               what
               is
               so
               gotten
               may
               bee
               employed
               in
               purchasing
               of
               Earledomes
               and
               Lordships
               ,
               to
               bestow
               upon
               people
               of
               meane
               condition
               ,
               and
               to
               preferre
               them
               without
               any
               precedent
               merit
               ,
               without
               any
               service
               or
               use
               which
               they
               can
               doe
               to
               the
               Church
               ,
               or
               for
               the
               defence
               of
               the
               faith
               .
            
          
           
             18
             
               Francis
               Guicciardine
            
             in
             the
             fourth
             booke
             of
             his
             history
             of
             Italy
             ,
             in
             the
             discourse
             which
             he
             makes
             of
             the
             Popes
             of
             Rome
             (
             which
             hath
             beene
             expunged
             by
             some
             †
             cozeners
             )
             amongst
             other
             vices
             and
             abuses
             which
             he
             observes
             in
             the
             Popedome
             thi●
             is
             one
             ,
             
               An
               earnest
               and
               everlasting
               desire
               of
               preferring
               their
               
               children
               ,
               their
               nephewes
               ,
               and
               all
               the
               rest
               of
               their
               kindred
               and
               allies
               ,
               
               not
               onely
               to
               inestimable
               riches
               ,
               but
               also
               to
               Kingdomes
               and
               Empires
               .
            
             And
             a
             little
             after
             ;
             
               To
               exalt
               their
               kindred
               ,
               and
               rai●e
               them
               from
               a
               private
               state
               to
               principalities
               ,
               they
               have
               of
               late
               yeeres
               beene
               the
               authors
               of
               warres
               ,
               and
               the
               firebrands
               of
               the
               late
               combustions
               in
               Italy
               .
            
             We
             heard
             before
             what
             the
             same
             author
             told
             us
             of
             the
             Indulgence
             money
             of
             Leo
             the
             tenth
             ,
             how
             it
             was
             bestowed
             to
             the
             use
             and
             petty
             pleasures
             of
             his
             sister
             Magdalen
             .
          
           
             19
             We
             will
             conclude
             this
             discourse
             with
             a
             passage
             out
             of
             the
             same
             author
             ,
             which
             will
             bring
             us
             upon
             another
             .
             
             
               Their
               study
               and
               businesse
               is
               not
               onely
               (
               saith
               he
               ,
               speaking
               of
               the
               Popes
               )
               holinesse
               of
               life
               ,
               nor
               the
               propagation
               of
               religion
               and
               charity
               towards
               God
               and
               men●
               but
               armes
               and
               warres
               against
               Christians
               ,
               handling
               sacred
               things
               with
               bloudy
               thoughts
               and
               hands
               ;
               but
               an
               infinite
               desire
               of
               money
               ,
               new
               lawes
               ,
               new
               trickes●
               new
               inventions
               to
               ●nhanse
               their
               rents
               from
               all
               parts
               ;
               for
               which
               ends
               they
               shoot
               out
               their
               coel●●tiall
               arrowes
               ,
               they
               most
               impudently
               practise
               a
               trade
               and
               traffique
               of
               all
               thing●
               sacred
               and
               profane
               ;
               whereby
               their
               riches
               being
               augmented
               to
               an
               excessive
               greatnesse
               ,
               and
               scattered
               over
               all
               their
               Court
               ,
               have
               brought
               forth
               pride
               ,
               luxury
               debauched
               manners
               ,
               and
               most
               abominable
               pleasures
               .
            
             See
             here
             the
             saying
             of
             a
             ringleader
             and
             conducter
             of
             the
             Popes
             army
             ,
             of
             one
             who
             was
             Leo
             the
             tenths
             favourite
             .
          
           
             20
             Let
             us
             pa●se
             a
             while
             upon
             this
             luxury
             which
             he
             speaks
             of
             ,
             and
             set
             down
             the
             complaint
             which
             divers
             others
             have
             made
             against
             it
             :
             First
             ,
             that
             which
             S.
             Bernard
             saith
             to
             Eugenius
             the
             3
             ,
             
             
               I
               doe
               not
               spare
               you
               here
            
             (
             saith
             hee
             )
             
               that
               God
               may
               spare
               you
               hereafter
               ;
               shew
               your selfe
               a
               sheepheard
               towards
               this
               people
               ,
               or
               else
               confesse
               that
               you
               are
               not
               so
               ;
               you
               will
               not
               deny
               that
               you
               are
               ,
               leas●
               you
               should
               deny
               your selfe
               to
               be
               his
               successour
               ,
               in
               whose
               See
               you
               sit
               ,
               that
            
             Peter
             ,
             
               who
               for
               ought
               that
               wee
               know
               ,
               never
               went
               adorned
               with
               precious
               stones
               ,
               attired
               in
               silks
               ,
               and
               cloathed
               in
               gold
               ,
               mounted
               upon
               a
               white
               palfrey
               ,
               surrounded
               with
               a
               guard
               ,
               attended
               with
               a
               great
               many
               Lackeys
               ;
               and
               yet
               for
               all
               he
               had
               the
               power
               ,
               without
               all
               these
               ,
               to
               accomplish
               that
               saving
               commandement
               ,
               If
               thou
               love
               me●
               feed
               my
               sheep
               .
            
          
           
             21
             
               Iohn
               Sarisbury
            
             Bishop
             of
             Chartres
             ,
             who
             lived
             about
             1180
             ,
             saith
             ,
             
             
               That
               the
               Pope
               is
               burthensome
               and
               insupportable
               to
               all
               men
            
             3.
             
               ●e
               builds
               Palaces
               out
               of
               the
               ruine●
               of
               Churches
               ;
               he
               goes
               accoutred
               not
               only
               in
               purple
               ,
               but
               in
               gold
               .
            
          
           
             22
             Marsilius
             of
             Padua
             .
             
             
               Let
               them
               tell
               me
               ,
               I
               pray
               them
               ,
               with
               what
               conscience
               ,
               according
               to
               Christian
               Religion
               ,
               they
               spend
               the
               goods
               of
               the
               poore
               ,
               living
               after
               a
               worldly
               fashion
               ,
               upon
               so
               many
               unnecessaries
               in
               horses
               ,
               servants
               ,
               banquets
               ,
               and
               other
               vanities
               and
               delicates
               ,
               both
               secret
               and
               publique
               ?
               They
               ,
               I
               say
               ,
               who
               for
               the
               ministery
               of
               the
               Gospel
               ,
               ought
               to
               be
               content
               with
               food
               and
               raiment
               ;
               according
               to
               the
               Apostles
               appointment
               in
               the
               first
               to
            
             Timothy
             .
          
        
         
           
           
             CHAP.
             X.
             Of
             the
             injust
             power
             of
             the
             Popes
             .
          
           
             
             1
             ONe
             of
             the
             maine
             poynts
             touching
             the
             reformation
             of
             the
             Popes
             ,
             is
             the
             unbridled
             and
             redoubted
             power
             which
             hee
             challengeth
             both
             in
             spirituals
             and
             temporals
             ;
             considering
             that
             hee
             pretends
             to
             have
             an
             absolute
             and
             soveraigne
             power
             over
             both
             :
             It
             were
             fitting
             ,
             me
             thinks
             ,
             to
             set
             bounds
             to
             the
             plenitude
             of
             that
             power
             which
             hath
             neither
             banks
             nor
             bottome
             ;
             to
             him
             that
             extends
             his
             jurisdiction
             over
             all
             the
             world
             ,
             even
             as
             low
             as
             hell
             and
             purgatory
             ,
             as
             high
             as
             heaven
             ;
             which
             takes
             hold
             of
             great
             and
             small
             ,
             Clerks
             and
             Laiques
             ,
             things
             sacred
             and
             profane
             ;
             which
             hath
             set
             all
             the
             Church
             ,
             yea
             all
             Christendome
             ,
             by
             the
             ears
             together
             ;
             which
             is
             the
             source
             and
             fountaine
             of
             all
             our
             miseries
             ,
             and
             against
             which
             there
             have
             beene
             so
             many
             complaints
             exhibited
             upon
             this
             occasion
             .
          
           
             
             2
             Paul
             the
             thirds
             Delegates
             had
             a
             touch
             at
             this
             point
             in
             their
             reformation●
             
               In
               former
               times
               (
               say
               they
               )
               the
               truth
               could
               not
               have
               accesse
               to
               the
               audience
               of
               certaine
               Popes
               ,
               by
               reason
               of
               certaine
               flatterers
               which
               magnified
               and
               extended
               their
               power
               too
               much
               :
               perswading
               them
               that
               they
               were
               Lords
               paramount
               of
               all
               ,
               and
               might
               doe
               any
               thing
               what
               they
               list
               :
               from
               this
               spring
               have
               so
               many
               miseries
               in
               great
               flouds
               overflowed
               the
               Church
               ,
               that
               shee
               is
               now
               quite
               overborne
               and
               drowned
               .
            
             See
             here
             what
             they
             say
             ,
             who
             were
             conjured
             by
             the
             Pope
             upon
             oath
             ,
             and
             upon
             paine
             of
             excommunication
             ,
             to
             tell
             him
             the
             truth
             of
             all
             that
             required
             reformation
             .
             Wee
             have
             formerly
             observed
             a
             place
             in
             Zabarel
             of
             the
             like
             straine
             with
             this
             .
          
           
             
             3
             
               Master
               Iohn
               Gerson
            
             in
             his
             book
             
               De
               potestate
               Ecclesiae
            
             ,
             hath
             the
             very
             same
             ;
             
               On
               the
               other
               side
               ,
               (
               saith
               hee
               )
               upstarts
               cunning
               and
               glozing
               f●attery
               ,
               whispers
               the
               Clergy
               ,
               but
               especially
               the
               Pope
               ,
               in
               the
               care
               .
               O
               how
               great
               is
               the
               height
               of
               your
               Ecclesiasticall
               power
               !
               O
               sacred
               Clergy
               ,
               all
               Secular
               authority
               is
               but
               a
               toy
               in
               comparison
               of
               thine
               ;
               seeing
               that
               as
               all
               power
               is
               given
               to
               Christ
               both
               in
               heaven
               and
               in
               earth
               ,
               so
               Christ
               hath
               bequeathed
               all
               to
               S.
               Peter
               and
               his
               successours
               :
               So
               that
               Constantine
               gave
               nothing
               to
               Pope
               Sylvester
               ,
               which
               was
               not
               originally
               his
               owne
               ,
               but
               only
               restored
               unto
               him
               what
               he
               injustly
               detained
               from
               him
               .
               Againe
               ,
               as
               there
               is
               no
               power
               but
               is
               of
               God
               ,
               so
               there
               is
               nothing
               temporall
               or
               spirituall
               ,
               Imperiall
               or
               Regall
               ,
               which
               is
               not
               of
               the
               Pope
               ,
               upon
               whose
               thigh
               God
               hath
               writ
               ,
               
                 King
                 of
                 Kings
                 ,
                 and
                 Lord
                 of
                 Lords
                 .
              
               So
               as
               to
               dispute
               his
               power
               is
               a
               kinde
               of
               sacriledge
               .
               To
               whom
               no
               man
               may
               say
               ,
               Why
               doe
               you
               so
               ?
               although
               he
               should
               exchange
               ,
               purloine
               ,
               of
               sell
               all
               the
               temporals
               ,
               the
               goods
               ,
               lands
               ,
               and
               lordships
               of
               the
               Church
               .
               Let
               me
               be
               a
               lyar
               if
               all
               these
               things
               are
               not
               written
               by
               such
               as
               seeme
               to
               bee
               wise
               men
               in
               their
               eyes
               ,
               and
               if
               they
               have
               not
               beene
               beleeved
               also
               by
               some
               Popes
               .
            
          
           
             
             4
             So
             Marsilius
             of
             Padua
             in
             many
             sundry
             places
             of
             his
             
               Defensor
               Pacis
            
             ,
             particularly
             in
             the
             second
             part
             ,
             and
             twenty
             fifth
             Chapter
             ;
             
               They
               have
               taken
               up
               a
               title
               (
               saith
               he
               )
               which
               they
               arrogate
               to
               themselves
               ,
               and
               which
               they
               would
               make
               an
               instrument
               of
               this
               wickednes
               ,
               namely
               the
               plenitude
               or
               fulnes
               of
               power
               ;
               which
               they
               say
               was
               given
               to
               them
               in
               particular
               by
               Christ
               in
               the
               person
               
               of
               St.
               Peter
               as
               that
               Apostle's
               successours
               :
               By
               reason
               of
               which
               accursed
               title
               ,
               
               and
               their
               sophisticall
               manner
               of
               discourse
               ,
               they
               use
               a
               certain
               captious
               kinde
               of
               arguing
               by
               equivocation
               ,
               and
               labour
               to
               bring
               all
               Princes
               in
               the
               world
               ,
               all
               people
               ,
               all
               corporations
               ,
               and
               particular
               persons
               within
               their
               servitude
               .
               For
               having
               first
               taken
               that
               terme
               in
               the
               sense
               whereby
               it
               signifies
               an
               universall
               cure
               of
               soules
               ,
               and
               the
               power
               of
               absolving
               men
               from
               sinnes
               and
               punishments
               ;
               under
               colour
               of
               piety
               ,
               charity
               and
               mercy
               ,
               underhand
               ,
               and
               by
               little
               and
               little
               they
               come
               to
               take
               it
               in
               a
               sense
               ,
               where
               by
               
                 plenitude
                 of
                 power
              
               is
               understood
               an
               universall
               authority
               and
               supreme
               jurisdiction
               ,
               or
               coactive
               soveraignty
               over
               all
               Princes
               ,
               all
               people
               ,
               and
               all
               temporall
               things
               .
            
          
           
             5
             Gregory
             of
             Heymburg
             ,
             a
             German
             Lawyer
             who
             lived
             in
             the
             time
             of
             Pius
             the
             second
             ,
             about
             the
             yeere
             1460
             ,
             saith
             ,
             
             
               After
               this
               the
               Popes
               being
               carnall
               ,
               have
               presumed
               so
               far
               as
               to
               arrogate
               unto
               themselves
               a
               fulnesse
               of
               power
               ,
               by
               virtue
               of
               their
               Decrees
               ,
               (
               as
               if
               that
               were
               an
               authentique
               booke
               )
               which
               they
               cannot
               prove
               out
               of
               Scripture
               :
               Yea
               so
               far
               forth
               as
               that
            
             Adrian
             
               the
               second
               denyed
               his
               benediction
               to
            
             Frederick
             
               the
               first
               ,
               when
               he
               asked
               it
               as
               his
               predecessours
               were
               wont
               to
               doe
               ,
               and
               that
               because
               he
               held
               the
               left
               stirrop
               when
               the
               Pope
               alighted
               off
               his
               horse
               ,
               and
               not
               the
               right
               ,
               as
               the
               Pope
               desired
               hee
               should
               have
               done
               .
               Good
               God
               what
               a
               proud
               fellow
               was
               this
               !
            
             And
             after
             hee
             hath
             set
             downe
             the
             meanes
             which
             they
             used
             to
             arrive
             at
             this
             plenitude
             ,
             and
             given
             some
             examples
             of
             them
             ,
             he
             ads
             ,
             
               Well
               may
               our
               Popes
               call
               and
               write
               themselves
               Christs
               Vicars
               and
               S.
            
             Peters
             ,
             
               considering
               what
               wee
               have
               said
               ,
               as
               if
               they
               derived
               from
               them
               the
               whole
               plot
               of
               the
               Plenitude
               of
               power
               ;
               which
            
             St.
             Paul
             
               notwithstanding
               calls
               folly
            
             .
          
           
             6
             
               Peter
               de
               Ferrariis
            
             a
             Paduan
             Lawyer
             who
             lived
             ahout
             the
             yeer
             1400
             ,
             
             in
             his
             pleadings
             of
             law
             ,
             saith
             ;
             
               As
               for
               Plenitude
               of
               Power
               ,
               which
               is
               used
               of
               l●ter
               times
               to
               be
               ascribed
               to
               the
               Popes
               priviledges
               and
               rescripts
               ,
               it
               is
               against
               God
               and
               all
               law
               ,
               to
               the
               perpetuall
               detriment
               and
               everlasting
               infamy
               of
               their
               soules
               .
            
          
           
             7
             Clement
             the
             fifth
             assumes
             this
             Plenitude
             of
             Power
             ,
             
             and
             extends
             it
             to
             Empires
             and
             Kingdomes
             ,
             as
             doe
             also
             other
             Popes
             of
             whom
             wee
             shall
             speake
             anon
             .
          
           
             8
             From
             this
             Plenitude
             of
             power
             are
             deduced
             those
             grand
             maxims
             which
             the
             Pope
             and
             they
             of
             his
             Court
             take
             for
             granted
             ,
             but
             good
             Catholiques
             have
             ever
             denied
             them
             .
             We
             wil
             here
             set
             down
             some
             few
             of
             them
             ,
             (
             not
             all
             ,
             for
             that
             would
             require
             a
             large
             volume
             )
             which
             we
             will
             produce
             either
             out
             of
             the
             Popes
             owne
             books
             ,
             or
             out
             of
             such
             Doctours
             and
             interpreters
             of
             theirs
             ,
             as
             are
             avowed
             and
             approved
             by
             them
             .
             Behold
             here
             one
             of
             them
             in
             the
             first
             place
             which
             seemes
             to
             comprehend
             all
             ;
             a
             
               That
               the
               Pope
               is
               holden
               to
               be
               Christs
               Vicar
               ,
               not
               only
               in
               respect
               of
               things
               in
               earth
               ,
               in
               Heaven
               ,
               and
               Hell
               ,
               but
               even
               over
               Angels
               both
               good
               and
               bad
            
             Let
             us
             now
             set
             downe
             the
             rest
             in
             order
             .
          
           
             
               The
               b
               
                 Pope
                 alone
                 hath
                 all
                 the
                 dignity
                 and
                 power
                 which
                 all
                 Patriarchs
                 ever
                 had
                 .
              
            
             
               The
               c
               
                 Popes
                 power
                 is
                 greater
                 than
                 the
                 power
                 of
                 Saints
                 .
              
            
             
               The
               d
               
                 Pope
                 ,
                 to
                 whom
                 is
                 committed
                 the
                 government
                 of
                 the
                 Vniverse
                 ,
                 excels
                 all
                 Angels
                 in
                 jurisdiction
                 .
              
            
             
               The
               e
               
                 Pope
                 is
                 greater
                 than
                 the
                 Angels
                 in
                 respect
                 of
                 the
                 administration
                 of
                 the
                 Sacraments
                 ,
                 which
                 was
                 not
                 committed
                 to
                 them
                 by
                 reason
                 of
                 their
                 insufficiency
                 whereby
                 they
                 are
                 not
                 fit
                 for
                 it
                 .
              
            
             
               The
               f
               
                 Pope
                 is
                 greater
                 than
                 the
                 Angels
                 ,
                 as
                 touching
                 dominion
                 ,
                 not
                 in
                 respect
                 of
                 himselfe
                 meerly
                 ,
                 but
                 by
                 authority
                 from
                 God.
                 
              
            
             
               The
               g
               
                 Pope
                 is
                 inferiour
                 to
                 Angels
                 ,
                 in
                 regard
                 of
                 naturall
                 knowledge
                 ,
                 but
                 in
                 regard
                 of
                 grat●itous
                 revealed
                 knowledge
                 ,
                 he
                 is
                 above
                 them
                 .
              
            
             
               The
               h
               
                 Pope
                 as
                 concerning
                 recompence
                 of
                 reward
                 ,
                 may
                 be
                 superiour
                 to
                 any
                 Angels
                 .
              
            
             
               
                 The
                 Pope
                 may
                 excommunicate
                 the
                 Angels
                 .
              
            
          
           
           
             
             10
             Besides
             ,
             the
             Popes
             suppose
             the
             Angels
             to
             bee
             but
             their
             ushers
             and
             Sergeants
             .
             I
             did
             thinke
             that
             what
             is
             related
             of
             the
             Buls
             of
             Clement
             the
             fifth
             ,
             whereby
             hee
             commands
             the
             Angels
             to
             take
             soules
             out
             of
             Purgatory
             and
             put
             them
             in
             P●●adise
             ,
             was
             but
             a
             fable
             ;
             howbeit
             they
             which
             urge
             them
             ,
             assure
             us
             that
             they
             are
             extant
             at
             
               Vienna
               ,
               Poictiers
            
             ,
             and
             Limoges
             :
             
             but
             I
             have
             met
             with
             one
             of
             Clement
             the
             sixth
             ,
             where
             ,
             speaking
             of
             altering
             the
             Iubily
             from
             a
             hund●ed
             to
             fifty
             yeeres
             ;
             he
             ordaines
             among
             other
             things
             ,
             
               That
               if
               a
               man
               be
               going
               to
            
             Rome
             
               upon
               devotion
               in
               the
               yeere
               of
               Iubily
               ,
               and
               happen
               to
               dye
               by
               the
               way
               ,
               he
               ●●all
               bee
               totally
               acquitted
               and
               absolved
               of
               all
               his
               sinnes
               .
            
             And
             hee
             afterwards
             addes
             ,
             
               Howsoever
               wee
               command
               the
               Angels
               of
               Paradise
               that
               they
               convey
               his
               soul
               into
               the
               glory
               of
               Paradise
               ,
               being
               totally
               absolved
               from
               the
               paines
               of
               Purgatorie
               .
            
          
           
             11
             They
             pretend
             also
             to
             be
             greater
             than
             the
             Apostles
             :
             Hearken
             what
             is
             said
             to
             this
             point
             in
             the
             late
             decisions
             of
             the
             Rota
             of
             
               Rome
               ;
               All
               that
               the
               Apostle
               hath
               commanded
               or
               prohibited
               is
               from
               God
               and
               the
               Holy
               Ghost
               ,
               and
               binds
               all
               men
               ;
               I
               meane
               of
               inferiour
               persons
               ,
               not
               of
               the
               Pope
               ,
               who
               is
               greater
               in
               power
               than
               the
               Apostles
               ,
               and
               therefore
               may
               dispense
               with
               the
               Apostles
               .
            
          
           
             12
             Nay
             they
             make
             themselves
             equall
             to
             God
             ,
             and
             pride
             themselves
             in
             being
             called
             Gods.
             Pope
             Nicholas
             the
             first
             ,
             in
             an
             Epistle
             to
             the
             Emperour
             Michael
             ,
             saith
             ,
             
               It
               is
               evident
               that
               the
               Pope
               was
               called
               God
               by
               the
               devout
               Prince
            
             Constance
             ;
             
               and
               it
               is
               a
               plaine
               case
               that
               God
               cannot
               be
               judged
               by
               man.
            
             The
             Glosse
             would
             have
             this
             honour
             communicated
             to
             other
             Bishops
             ,
             who
             (
             it
             saith
             )
             are
             called
             Gods
             likewise
             :
             But
             there
             be
             other
             interpreters
             who
             informe
             us
             ,
             that
             it
             is
             peculiar
             to
             the
             Pope
             only
             ,
             and
             that
             the
             title
             is
             not
             given
             unto
             him
             as
             unto
             others
             by
             way
             of
             hyperbole
             ,
             but
             that
             he
             is
             a
             God
             indeed
             .
          
           
             13
             
               Augustin
               Steucheus
            
             ,
             the
             Popes
             Library-keeper
             ,
             
               Knowest
               thou
               not
            
             (
             saith
             he
             )
             that
             Constantine
             
               called
               the
               Pope
               God
               ,
               and
               accounted
               him
               so
               to
               be
               ?
               So
               hee
               did
               when
               he
               honoured
               him
               with
               that
               goodly
               Edict
               ,
               hee
               worshipped
               him
               as
               a
               God.
            
             And
             yet
             Constantine
             spake
             of
             Bishops
             in
             general
             ,
             for
             it
             was
             at
             the
             Councell
             of
             Nice
             ,
             and
             not
             at
             the
             time
             of
             that
             pretended
             donation
             which
             never
             was
             made
             .
          
           
             14
             Elsewhere
             it
             is
             said
             ,
             
               That
               the
               Pope
               is
               equall
               to
               God
               :
               That
               there
               can
               be
               no
               appeall
               from
               him
               to
               God
               :
               That
               he
               is
               God
               upon
               earth
               :
               That
               as
               God
               he
               can
               judge
               of
               the
               verity
               of
               the
               fact
               ,
               and
               according
               to
               conscience
               :
               That
               he
               is
               never
               supposed
               to
               judge
               otherwise
               than
               God
               himselfe
               :
               That
               God
               and
               he
               have
               one
               and
               the
               same
               Consistory
               :
               That
               he
               can
               determine
               against
               the
               law
               of
               Nature
               ,
               the
               law
               of
               Nations
               ,
               and
               the
               law
               of
               God
               with
               reason
               ;
               yea
               that
               sometimes
               hee
               can
               make
               expositions
               and
               limitations
               against
               the
               law
               of
               Nature
               ,
               of
               Nations
               ,
               and
               of
               God
               ,
               with
               reason
               or
               without
               reason
               :
               That
               he
               must
               bee
               beleeved
               upon
               his
               bare
               word
               ,
               even
               to
               the
               prejudice
               of
               another
               :
               That
               if
               hee
               preferre
               an
               unworthy
               person
               ,
               it
               is
               to
               bee
               thought
               hee
               dispenseth
               with
               him
               :
               That
               hee
               can
               make
               something
               of
               nothing
               :
               That
               he
               can
               go
               against
               all
               Councels
               and
               Statutes
               :
               That
               he
               can
               make
               wrong
               to
               be
               right
               :
               That
               hee
               can
               doe
               any
               thing
               beside
               law
               ,
               above
               law
               ,
               against
               law
               :
               To
               whom
               no
               man
               may
               say
               ,
               Why
               doe
               you
               so
               ?
               Whose
               pleasure
               stands
               for
               reason
               :
               Whose
               power
               may
               not
               be
               disputed
               ,
               without
               incurring
               the
               crime
               of
               sacriledge
               ,
               forasmuch
               as
               he
               is
               the
               cause
               of
               causes
               ,
               and
               the
               just
               cause
               ;
               and
               for
               that
               it
               is
               to
               bee
               presumed
               that
               whatsoever
               pleaseth
               him
               is
               just
               and
               reasonable
               .
            
          
           
             15
             Divine
             honours
             have
             also
             beene
             ascribed
             unto
             him
             :
             for
             it
             is
             appointed
             and
             prescribed
             in
             the
             Ceremoniall
             ,
             
               That
               all
               persons
               of
               what
               dignity
               or
               degree
               soever
               ,
               when
               they
               come
               before
               the
               Pope
               shall
               bow
               the
               knee
               thrice
               before
               him
               at
               a
               certaine
               distance
               ,
               and
               kisse
               his
               feet
               .
            
             Thence
             followes
             adoration
             .
             
             The
             Bishop
             of
             Zamore
             saith
             ;
             
             
               Let
               him
               be
               highly
               honoured
               ,
               let
               him
               be
               extolled
               and
               adored
               in
               all
               the
               parts
               of
               the
               world
               ,
               let
               every
               knee
               bow
               before
               him
               ,
               as
               is
               fitting
               they
               should
               Menot●●
            
             speakes
             of
             these
             honours
             with
             a
             very
             good
             grace
             ;
             I
             will
             make
             him
             speake
             in
             his
             owne
             language
             for
             the
             elegancies
             sake
             :
             
             
               Nec
               est
               bodie
               princeps
               super
               terram
               qui
               non
               flectat
               genua
               coram
               Domino
               Papâ
               ,
               &
               qul
               non
               se
               multum
               aestimet
               ,
               qui
               ne
               se
               tienne
               bien
               fier
               ,
               ejus
               pedes
               osculari
               .
               Ioseph
               Stephanus
            
             a
             Devine
             hath
             writ
             a
             book
             in
             our
             dayes
             which
             he
             intitles
             
               Of
               the
               adoration
               of
               the
               Popes
               feet
               .
            
          
           
             16
             These
             excessive
             honours
             ,
             and
             this
             divine
             power
             which
             is
             ascribed
             unto
             him
             ,
             have
             constrained
             some
             to
             cry
             out
             and
             complaine
             of
             them
             .
             In
             the
             Acts
             of
             the
             Councell
             of
             Rhemes
             under
             
               Hugh
               Capet
            
             ,
             wee
             finde
             these
             words
             directed
             to
             the
             Pope
             :
             
               What
               thinke
               you
               (
               Reverend
               Fathers
               )
               who
               that
               should
               bee
               that
               is
               seated
               in
               the
               highest
               place
               ,
               who
               glisters
               with
               a
               garment
               of
               gold
               and
               purple
               ,
               I
               say
               ,
               who
               thinke
               you
               that
               should
               be
               ?
               if
               he
               be
               without
               charity
               ,
               and
               be
               puffed
               up
               and
               exalted
               onely
               for
               his
               knowledge
               ,
               then
               hee
               is
               Antichrist
               sitting
               in
               the
               Temple
               of
               God
               ,
               and
               carrying
               himselfe
               as
               God
               :
               but
               if
               he
               bee
               neither
               grounded
               in
               Charity
               ,
               nor
               exalted
               in
               knowledge
               ,
               he
               is
               like
               an
               image
               ,
               like
               an
               idoll
               in
               the
               Church
               of
               God.
               
            
          
           
             17
             The
             Emperour
             Fredericke
             the
             second
             in
             the
             letters
             which
             he
             writ
             to
             the
             Princes
             of
             Germany
             ,
             saith
             ;
             
               The
               Pope
               being
               growne
               over
               wealthy
               to
               the
               great
               decay
               of
               Christian
               piety
               ,
               thinkes
               he
               may
               doe
               any
               thing
               ,
               like
               most
               wicked
               tyrants
               ,
               as
               if
               he
               were
               a
               God
               ,
               he
               will
               not
               give
               any
               reason
               for
               his
               actions
               to
               any
               man
               ;
               he
               takes
               upon
               him
               that
               which
               belongs
               to
               God
               alone
               ,
               for
               it
               is
               thought
               he
               cannot
               erre
               .
            
             
          
           
             18
             A
             German
             Bishop
             who
             lived
             under
             the
             same
             Emperour
             ,
             in
             a
             certaine
             Oration
             which
             he
             delivered
             in
             an
             assembly
             held
             at
             Rhegimburg
             ,
             saith
             amongst
             other
             things
             ,
             
               That
               the
               Popes
               will
               never
               have
               done
               till
               they
               have
               trampled
               all
               things
               under
               their
               feet
               ;
               till
               they
               be
               seated
               in
               the
               Temple
               of
               God
               ,
               and
               exalted
               above
               every
               thing
               that
               is
               adored
               .
            
             And
             a
             little
             after
             .
             
               He
               that
               is
               a
               servant
               of
               servants
               desireth
               to
               be
               Lord
               of
               Lord
               ,
               just
               as
               if
               he
               were
               God.
               
            
          
           
             19
             One
             of
             our
             old
             French
             practitioners
             hath
             made
             the
             very
             same
             complaint
             .
             
             
               The
               Pope
            
             (
             saith
             hee
             )
             
               styles
               himselfe
               in
               words
               a
               servant
               of
               servauts
               ,
               but
               in
               very
               deed
               he
               suffers
               himselfe
               to
               be
               adored
               ,
               which
               the
               Angell
               in
               the
               Revelation
               refused
               to
               doe
               .
            
             A
             learned
             Cardinall
             of
             Florence
             reproves
             the
             Popes
             slatterers
             ,
             because
             they
             beare
             them
             in
             hand
             
               That
               they
               may
               doe
               any
               thing
               ,
               that
               they
               may
               doe
               what
               they
               please
               ,
               even
               things
               that
               are
               unlawfull
               ,
               and
               so
               more
               than
               God
               himselfe
               :
               whence
               infinite
               errours
               have
               proceeded
               .
            
             Hee
             afterwards
             addes
             ,
             that
             in
             the
             Councell
             which
             shall
             be
             holden
             about
             the
             reformation
             of
             the
             Church
             ,
             
               It
               will
               bee
               fitting
               to
               advise
               concerning
               the
               honour
               which
               shall
               be
               done
               unto
               the
               Pope
               ,
               that
               there
               be
               no
               excesse
               in
               it
               ,
               that
               he
               be
               not
               honoured
               as
               God
               himselfe
               .
            
          
           
             20
             They
             take
             upon
             them
             also
             all
             power
             ,
             authority
             and
             jurisdiction
             over
             Emperours
             ,
             Kings
             ,
             and
             Christian
             Princes
             ,
             and
             over
             all
             temporalties
             whatsoever
             .
             We
             will
             here
             insert
             some
             of
             their
             maximes
             concerning
             this
             point
             :
             First
             ,
             that
             which
             they
             say
             is
             contained
             in
             the
             donation
             of
             Constantine
             :
             
               To
               the
               end
               that
               the
               Pontificial
               dignity
               be
               not
               disesteemed
               ,
               but
               more
               eminent
               in
               glory
               and
               power
               than
               the
               Imperiall
               ,
               we
               give
               and
               grant
               to
               the
               most
               blessed
               Bishop
               Sylvester
               ,
               universall
               Pope
               ,
               our
               Palace
               and
               City
               of
               Rome
               ,
               together
               with
               all
               the
               Provinces
               ,
               Palaces
               and
               Cities
               of
               Italy
               ,
               and
               of
               the
               Westerne
               Countries
               :
               wee
               decree
               by
               this
               our
               Pragmatique
               Sanction
               ,
               that
               he
               and
               his
               successors
               may
               dispose
               of
               them
               ,
               and
               that
               they
               shall
               belong
               to
               the
               right
               of
               the
               holy
               Church
               of
               Rome
               .
            
             By
             this
             pretended
             donation
             all
             the
             Princes
             of
             Europe
             are
             made
             the
             Popes
             vassals
             and
             subjects
             .
             They
             say
             further
             ,
          
           
             21
             That
             a
             it
             is
             necessary
             to
             salvation
             to
             beleeve
             that
             every
             creature
             is
             subject
             to
             the
             Pope
             of
             Rome
             .
          
           
             22
             That
             b
             he
             is
             set
             over
             Empires
             and
             Kingdomes
             .
          
           
           
             
             23
             That
             c
             he
             carrieth
             both
             the
             temporall
             sword
             and
             the
             spirituall
             .
          
           
             24
             That
             d
             the
             Empire
             depends
             upon
             the
             Pope
             ,
             and
             that
             hee
             hath
             dominion
             over
             it
             .
          
           
             25
             That
             e
             the
             Imperiall
             or
             regall
             power
             is
             borrowed
             from
             the
             Papall
             or
             Sacerdotall
             ,
             for
             as
             much
             as
             concerneth
             the
             formality
             of
             dignity
             ,
             and
             receiving
             of
             authority
             .
          
           
             26
             That
             f
             he
             may
             chuse
             an
             Emperour
             himselfe
             upon
             just
             and
             reasonable
             cause
             .
          
           
             27
             That
             g
             he
             may
             appoint
             guardians
             and
             assistants
             to
             Kings
             and
             Emperours
             ,
             when
             they
             are
             insufficient
             and
             unfit
             for
             government
             .
          
           
             28
             That
             h
             he
             may
             depose
             them
             ,
             and
             transferre
             their
             Empires
             and
             Dominion●
             from
             one
             line
             to
             another
             .
          
           
             29
             That
             i
             Pope
             Zachary
             transferred
             the
             Kingdome
             of
             France
             upon
             Pepin
             .
          
           
             30
             That
             k
             the
             translation
             of
             all
             Kingdomes
             whatsoever
             was
             done
             by
             authority
             of
             the
             Pope
             ,
             or
             of
             some
             other
             that
             represented
             him
             .
          
           
             31
             That
             l
             the
             Empire
             was
             transferred
             upon
             the
             Romans
             by
             the
             Popes
             authority
             .
          
           
             32
             That
             m
             the
             Empire
             was
             transferred
             from
             the
             Romans
             to
             the
             Grecians
             by
             the
             Popes
             authority
             .
          
           
             33
             That
             n
             the
             Empire
             was
             transferred
             from
             the
             Grecians
             to
             the
             Germans
             by
             the
             Popes
             authority
             .
          
           
             34
             That
             o
             the
             Empire
             may
             be
             transferred
             from
             the
             Germans
             upon
             any
             other
             by
             the
             Popes
             authority
             .
          
           
             35
             That
             p
             the
             confirmation
             of
             the
             Emperour
             belongs
             to
             the
             Pope
             ,
             to
             whom
             also
             belongeth
             an
             universall
             jurisdiction
             .
          
           
             36
             That
             q
             the
             Emperour
             ought
             to
             swear
             allegeance
             to
             the
             Popes
             .
          
           
             37
             That
             r
             he
             cannot
             exercise
             his
             Imperiall
             power
             ,
             unlesse
             hee
             bee
             confirmed
             by
             the
             Pope
             .
          
           
             38
             That
             s
             the
             Pope
             may
             make
             the
             Empire
             hereditary
             ,
             if
             he
             see
             it
             expedient
             for
             quietnesse
             sake
             ;
             for
             just
             as
             he
             now
             ordaineth
             that
             it
             shall
             be
             elective
             ,
             so
             hee
             may
             bring
             in
             an
             hereditary
             succession
             .
          
           
             39
             That
             t
             he
             may
             change
             the
             Electors
             o●
             the
             Empire
             ,
             if
             any
             evident
             and
             apparent
             benefit
             of
             the
             Christian
             Common-wealth
             doe
             so
             require
             .
          
           
             40
             That
             u
             the
             Electors
             of
             the
             Empire
             may
             bee
             appointed
             out
             of
             another
             Countrey
             than
             Germany
             ,
             if
             any
             just
             reason
             so
             require
             .
          
           
             41
             That
             x
             he
             may
             absolve
             subjects
             from
             the
             oath
             of
             allegeance
             .
          
           
             42
             That
             the
             Pope
             upon
             just
             cause
             may
             set
             up
             a
             King
             in
             every
             Kingdome
             ;
             for
             he
             is
             the
             overseer
             of
             all
             Kingdomes
             in
             Gods
             stead
             ,
             as
             God
             is
             the
             supervisor
             and
             maker
             of
             all
             Kingdomes
             .
          
           
             43
             That
             y
             if
             one
             be
             oppressed
             in
             the
             Court
             of
             externall
             judgement
             ,
             hee
             may
             appeal
             from
             any
             man
             ,
             King
             or
             Emperour
             ,
             unto
             the
             Pope
             .
          
           
             44
             That
             z
             the
             Pope
             hath
             jurisdiction
             over
             all
             things
             ,
             as
             well
             temporall
             as
             spirituall
             ,
             through
             the
             whole
             world
             .
          
           
             45
             That
             a
             it
             belongs
             to
             the
             Pope
             to
             correct
             Kings
             when
             they
             offend
             ,
             seeing
             that
             he
             is
             the
             judge
             of
             the
             quicke
             and
             the
             dead
             in
             Christs
             stead
             .
          
           
             46
             That
             b
             the
             Pope
             may
             correct
             the
             Imperiall
             law
             by
             his
             authority
             ,
             as
             the
             divine
             law
             doth
             the
             humane
             .
          
           
             47
             That
             c
             the
             Pope
             may
             alter
             the
             Imperiall
             laws
             according
             to
             the
             diversity
             of
             the
             times
             ,
             if
             any
             evident
             commodity
             be
             like
             to
             insue
             upon
             it
             .
          
           
             48
             That
             d
             the
             Pope
             ,
             by
             reason
             he
             hath
             the
             Empire
             of
             Rome
             may
             and
             ought
             to
             reduce
             the
             Holy
             Land
             under
             his
             jurisdiction
             .
          
           
             49
             That
             e
             the
             Pope
             hath
             the
             propriety
             of
             the
             Western
             Empire
             ,
             and
             the
             rest
             of
             the
             world
             in
             protection
             and
             tuition
             .
          
           
             50
             That
             f
             he
             may
             justly
             make
             an
             ordination
             and
             decree
             against
             infidell
             Princes
             ,
             
             although
             their
             Countries
             were
             never
             possessed
             by
             Christian
             Princes
             ,
             
             that
             they
             doe
             not
             injustly
             molest
             the
             Christians
             within
             their
             dominions
             .
          
           
             51
             That
             g
             if
             they
             evill
             intreat
             the
             Christians
             ,
             he
             may
             by
             his
             sentence
             deprive
             them
             of
             that
             power
             and
             jurisdiction
             which
             they
             have
             over
             them
             .
          
           
             52
             That
             h
             he
             may
             command
             the
             Infidels
             to
             receive
             the
             Preachers
             of
             the
             Gospel
             into
             their
             territories
             .
          
           
             53
             For
             ought
             that
             I
             can
             see
             ,
             the
             King
             of
             China
             and
             the
             great
             Mogul
             shall
             fare
             no
             better
             than
             Christian
             Princes
             ,
             unlesse
             they
             come
             very
             speedily
             and
             submit
             themselves
             to
             the
             Pope
             .
             He
             hath
             met
             with
             the
             Kings
             of
             India
             ,
             of
             
               Peru
               ,
               Brasile
               ,
               Cuba
            
             ,
             and
             all
             those
             other
             ●les
             of
             the
             Ocean
             ;
             which
             were
             of
             farre
             more
             difficult
             acces●e
             than
             those
             Kingdomes
             we
             speak
             of
             .
             Alexander
             the
             6
             ,
             anno
             1493
             made
             a
             faire
             deed
             of
             gift
             to
             Ferdinand
             King
             of
             Aragon
             ,
             
             of
             all
             those
             poore
             Barbarians
             ,
             and
             of
             all
             their
             Countries
             and
             Kingdomes
             ,
             although
             he
             never
             knew
             them
             ,
             nor
             had
             they
             ever
             offended
             him
             :
             
               Of
               our
               meere
               bounty
               and
               certain
               knowledge
               ,
               and
               the
               Plenitude
               of
               our
               power
               Apostolicall
               ,
               we
               give
               ,
               grant
               ,
               and
               by
               these
               presents
               ,
               do
               assigne
               to
               you
               ,
               your
               heirs
               and
               successours
               for
               ever
               ,
               Kings
               of
            
             Castile
             and
             Leon
             ,
             
               all
               the
               Ilands
               and
               Continents
               which
               have
               already
               beene
               discovered
               and
               found
               out
               ,
               or
               which
               hereafter
               shall
               be
               towards
               the
               West
               and
               South
               ,
               drawing
               a
               line
               thereof
               from
               the
               Artick
               or
               North●Pole
               ,
               to
               the
               Antartick
               or
               South
               Pole.
               And
               we
               make
               ,
               constitute
               ,
               and
               appoint
               you
               ,
               your
               heirs
               and
               successours
               Lords
               thereof
               ,
               with
               full
               free
               and
               absolute
               power
               ,
               authority
               and
               jurisdiction
               .
            
             But
             enough
             of
             this
             ,
             for
             any
             man
             may
             judge
             by
             this
             what
             will
             become
             of
             the
             rest
             .
          
           
             54
             So
             one
             of
             their
             Doctors
             expounding
             that
             passage
             of
             sacred
             writ
             ,
             
               Give
               unto
            
             Cesar
             
               the
               things
               that
               are
            
             Cesars
             ,
             
             saith
             ,
             
               That
               was
               spoken
               but
               for
               a
               time
               ,
               not
               for
               ever
               ;
               that
               it
               was
               to
               hold
               only
               till
               the
               ascention
               of
               Iesus
               Christ
               ;
               and
               afterwards
               that
               should
               come
               to
               passe
               which
               was
               spoken
               ,
               When
               I
               shall
               bee
               lifted
               up
               from
               the
               earth
               ,
               I
               will
               draw
               all
               things
               after
               mee
               .
               That
               is
               ,
            
             (
             saith
             this
             great
             Rabbin
             )
             
               I
               will
               recover
               all
               the
               Empires
               and
               Kingdomes
               of
               the
               world
               ,
               and
               will
               take
               them
               from
            
             Cesar
             ,
             
               from
               Kings
               and
               Princes
               ,
               to
               give
               them
               to
               the
               Pope
               .
            
             See
             here
             one
             of
             the
             finest
             and
             truest
             Prophecies
             that
             ever
             was
             read
             ;
             for
             he
             hath
             more
             stroke
             in
             the
             Empire
             and
             Kingdomes
             ,
             than
             the
             Emperours
             and
             Kings
             themselves
             ,
             at
             least
             among
             Christians
             .
          
           
             55
             Wee
             need
             not
             wonder
             hereafter
             at
             the
             extravagant
             of
             Boniface
             the
             8
             ,
             
             where
             he
             will
             have
             it
             to
             be
             
               necessary
               to
               salvation
               ,
               to
               beleeve
               that
               all
               the
               faithfull
               people
               of
               Christ
               are
               subject
               to
               the
               Pope
               of
            
             Rome
             ;
             
               that
               hee
               hath
               both
               the
               swords
               ;
               that
               hee
               judgeth
               all
               men
               and
               is
               judged
               of
               none
               .
            
             Nor
             of
             that
             which
             hee
             writ
             to
             King
             Philip
             the
             Faire
             ,
             
               That
               he
               was
               subject
               to
               him
               both
               in
               spirituals
               and
               temporals
               .
            
             Nor
             at
             that
             which
             a
             German
             Historian
             relateth
             of
             him
             ,
             
             
               That
               supposing
               Kingdomes
               and
               Empires
               to
               bee
               in
               his
               power
               ,
               he
               made
               his
               brag
               that
               hee
               had
               two
               swords
               .
            
             Nor
             at
             that
             which
             before
             his
             time
             Nicholas
             the
             first
             writ
             to
             the
             
               Milanois
               ,
               That
               God
               hath
               bestowed
               upon
            
             S.
             Peter
             
               and
               his
               successours
               ,
               the
               right
               both
               of
               the
               Terrestriall
               and
               Celestiall
               Empire
               .
            
             Nor
             at
             that
             which
             Gregory
             the
             7
             saith
             in
             one
             of
             his
             Buls
             ,
             speaking
             of
             himselfe
             ,
             
               That
               all
               the
               world
               may
               understand
               at
               last
               ,
               that
               wee
               give
               and
               take
               away
               Empires
               ,
               Kingdomes
               ,
               Principalities
               ,
               and
               whatsoever
               mortall
               men
               are
               capable
               of
               .
            
             Nor
             at
             that
             pretence
             of
             Clement
             the
             5
             in
             one
             of
             his
             Clementines
             ,
             
             
               That
               without
               all
               doubt
               he
               hath
               the
               command
               of
               the
               Empire
               ,
               who
               ,
               by
               reason
               of
               that
               power
               which
               he
               hath
               ,
               succeedeth
               the
               Emperour
               in
               the
               vacancy
               of
               the
               Empire
               .
            
             
             Nor
             at
             that
             which
             Clement
             the
             6
             pretended
             ,
             that
             the
             Empire
             devolved
             upon
             him
             after
             the
             excommunication
             of
             
               Ludovicu●
               Bavarus
            
             ,
             and
             that
             upon
             that
             occasion
             he
             placed
             Governours
             in
             the
             Cities
             of
             Italy
             ;
             
             following
             herein
             the
             example
             of
             his
             predecessour
             Iohn
             the
             22●
             who
             set
             forth
             in
             his
             Buls
             to
             all
             the
             world
             ,
             
               That
               he
               had
               divided
               all
            
             Italy
             
               from
               the
               Empire
               ,
               and
               from
               the
               Kingdome
               of
            
             Germany
             :
             
               That
               the
               Pope
               is
               universall
               Lord
               ,
               not
               only
               of
               things
               spirituall
               but
               also
               of
               temporall
               .
            
             Nor
             likewise
             at
             this
             ,
             that
             the
             Popes
             
             have
             declared
             all
             those
             to
             bee
             hereticks
             who
             in
             their
             writings
             have
             defended
             
               That
               Empires
               and
               Kingdomes
               depend
               not
               upon
               the
               Pope
               ,
               but
               upon
               God
               alone
               .
            
             
          
           
             56
             The
             King
             of
             France
             is
             deceived
             if
             he
             thinke
             he
             is
             exempted
             by
             his
             
               Clementine
               ,
               Meruit
            
             ;
             hee
             hath
             to
             doe
             with
             people
             that
             know
             how
             to
             expound
             Scripture
             ;
             that
             will
             pick
             out
             the
             sense
             where
             all
             the
             greatest
             Doctours
             of
             the
             Sorbon
             would
             bee
             put
             past
             their
             divinity
             .
             They
             know
             well
             enough
             how
             to
             tell
             him
             that
             he
             and
             his
             Kingdome
             are
             onely
             restored
             by
             that
             Clementine
             ,
             into
             the
             state
             wherein
             they
             were
             before
             Boniface
             his
             Bull
             ;
             that
             the
             Realme
             of
             France
             was
             ,
             before
             that
             ,
             subject
             to
             the
             Popes
             Dominion
             ,
             by
             the
             donation
             of
             Constantine
             ;
             
             
               That
               the
               Pope
               is
               Lord
               and
               Monarch
               of
               the
               Vniverse
            
             ;
             that
             hee
             hath
             both
             the
             swords
             ;
             a
             plenitude
             of
             power
             both
             over
             temporals
             and
             spirituals
             ;
             that
             the
             Decrees
             which
             bestow
             this
             right
             upon
             him
             ,
             are
             confirmed
             by
             the
             Councell
             of
             Trent
             :
             that
             Pope
             Zachary
             deposed
             Childeric
             ,
             absolved
             his
             subjects
             from
             the
             oath
             of
             allegeance
             ,
             and
             bestowed
             the
             Realme
             upon
             Pepin
             :
             that
             this
             Pope
             Clement
             being
             a
             French
             man
             would
             have
             favoured
             the
             French
             ,
             but
             hee
             could
             not
             doe
             it
             to
             the
             prejudice
             of
             St.
             Peters
             patrimony
             :
             that
             hee
             trembles
             yet
             at
             the
             fright
             which
             Nogaret
             put
             his
             predecessour
             into
             .
             And
             wheras
             it
             is
             conceived
             that
             some
             such
             promise
             was
             extorted
             from
             him
             ,
             and
             some
             obligation
             which
             bound
             him
             so
             to
             doe
             ,
             upon
             condition
             hee
             were
             made
             Pope
             ,
             they
             will
             urge
             the
             example
             of
             the
             Emperour
             Henry
             the
             5.
             whom
             the
             Councels
             of
             Lateran
             and
             Vienna
             caused
             to
             give
             up
             his
             investitures
             ,
             notwithstanding
             the
             dispensation
             which
             Paschal
             the
             second
             had
             granted
             unto
             him
             in
             that
             behalfe
             ;
             yea
             ,
             and
             the
             examples
             of
             our
             owne
             Kings●
             whom
             Benedict
             the
             13
             ,
             Iulius
             the
             2
             ,
             Gregory
             the
             14
             ,
             and
             Sixtus
             the
             5
             ,
             did
             not
             sticke
             to
             excommunicate
             for
             all
             their
             priviledges
             .
          
           
             37
             Besides
             ,
             the
             Councell
             of
             Trent
             being
             allowed
             ,
             which
             gives
             all
             power
             to
             the
             Popedome
             ,
             even
             over
             Councels
             ,
             it
             must
             belong
             to
             the
             Pope
             to
             dispose
             of
             all
             things
             as
             supreme
             judge
             ,
             to
             alter
             the
             Decrees
             of
             his
             predecessours
             ,
             to
             abrogate
             such
             as
             are
             disadvantagious
             unto
             him
             ;
             who
             shall
             contradict
             him
             ?
             No
             King
             dare
             intermeddle
             how
             great
             soever
             he
             bee
             ;
             and
             if
             he
             do
             ,
             he
             will
             but
             loose
             his
             labour
             .
             We
             will
             returne
             to
             the
             dayes
             of
             old
             ,
             when
             excommunications
             from
             Rome
             were
             so
             terrible
             ,
             when
             all
             things
             shrunke
             at
             the
             flash
             of
             those
             thunders
             .
             The
             Fredericks
             ,
             the
             Henries
             ,
             the
             
               Ludovici
               Bavari
            
             have
             felt
             the
             force
             of
             it
             ;
             they
             have
             beene
             abandoned
             of
             their
             subjects
             ,
             their
             vassals
             ,
             their
             kindred
             ,
             their
             allies
             ,
             their
             owne
             children
             :
             they
             have
             been
             troden
             under
             foot
             ,
             deposed
             from
             their
             Empyres
             ,
             defamed
             as
             heretiques
             ,
             chased
             like
             raskals
             .
             Goodly
             mirrours
             to
             represent
             to
             the
             life
             to
             all
             Princes
             of
             Christendome
             ,
             if
             they
             were
             not
             blinde
             ,
             the
             miseries
             that
             hang
             over
             them
             and
             their
             successours
             .
          
           
             58
             Not
             without
             good
             reason
             did
             that
             great
             devine
             Marsilius
             ,
             after
             he
             had
             seene
             all
             the
             tragedies
             in
             his
             age
             acted
             ,
             make
             a
             loud
             out-cry
             ,
             which
             deserves
             now
             more
             than
             ever
             to
             pierce
             the
             ears
             of
             Princes
             ,
             
               I
               cry
               aloud
            
             (
             saith
             hee
             )
             
               like
               a
               trumpet
               of
               truth
            
             ,
             
             
               and
               tell
               you
               it
               is
               the
               greatest
               prejudice
               that
               ever
               was
               done
               to
               Kings
               and
               Princes
               ,
               to
               all
               people
               ,
               assemblies
               and
               languages
               ,
               which
               the
               Bishops
               of
            
             Rome
             
               with
               their
               associats
               the
               Clerks
               and
               Cardinals
               have
               done
               :
               By
               this
               their
               Decree
               ,
               which
               is
               utterly
               false
               in
               all
               the
               grounds
               of
               it
               ,
            
             (
             he
             speaks
             of
             the
             
               Clementine
               ,
               Pastoralis
            
             ,
             after
             he
             hath
             urged
             the
             words
             of
             it
             )
             
               they
               goe
               about
               to
               bring
               you
               in
               subjection
               to
               them
               ,
               if
               you
               suffer
               this
               constitution
               to
               prevaile
               ;
               yea
               if
               you
               suffer
               it
               to
               have
               the
               power
               and
               force
               of
               a
               law
               .
               For
               consider
               that
               it
               followes
               of
               necessity
               that
               hee
               which
               hath
               authority
               to
               repeal
               a
               former
               sentence
               of
               any
               Prince
               or
               Iudge
               whatsoever
               ,
               hath
               also
               jurisdiction
               and
               coactive
               power
               over
               him
               ;
               and
               further
               ,
               the
               power
               of
               erecting
               or
               putting
               downe
               his
               Princedome
               .
               Now
               the
               Bishop
               of
            
             Rome
             
               doth
               challenge
               to
               himselfe
               this
               authority
               equally
               over
               all
               Princes
               and
               Principalities
               of
               the
               world
               ;
               inasmuch
               as
               by
               virtue
               of
               that
               Plenitude
               of
               Power
               which
               he●
               
               affirmes
               to
               be
               granted
               unto
               him
               by
               Christ
               in
               the
               person
               of
               S.
            
             Peter
             ,
             
             
               he
               hath
               repealed
               the
               sentence
               of
            
             Henry
             the
             7.
             
             No
             man
             can
             tell
             how
             to
             give
             the
             force
             of
             a
             law
             to
             that
             Decretall
             which
             he
             speaks
             of
             better
             than
             by
             receiving
             the
             Councell
             of
             Trent
             ;
             which
             expressely
             confirmeth
             all
             the
             Constitutions
             of
             the
             Popes
             .
          
           
             59
             But
             it
             were
             fitting
             we
             here
             added
             the
             examination
             which
             the
             same
             authour
             makes
             of
             Boniface
             his
             Decretall
             ,
             and
             the
             
               Clementine
               ,
               Meruit
            
             ,
             to
             shew
             that
             the
             King
             of
             France
             his
             priviledge
             cannot
             choose
             but
             be
             void
             ;
             
             and
             that
             other
             Princes
             being
             the
             Popes
             subjects
             ,
             hee
             must
             needs
             bee
             so
             as
             well
             as
             they
             ;
             
               Considering
               more
               throughly
               these
               kinde
               of
               Epistles
               and
               Decretals
               ,
               they
               may
               seeme
               to
               be
               meere
               fooleries
               :
               for
               that
               of
               Boniface
               obligeth
               all
               Princes
               and
               people
               in
               the
               world
               to
               the
               beliefe
               of
               it
               :
               that
               of
               Clement
               not
               all
               ;
               for
               only
               the
               King
               of
               Fr●nce
               and
               his
               subjects
               are
               excepted
               out
               of
               it
               .
               So
               then
               there
               will
               be
               some
               things
               which
               some
               men
               by
               authority
               of
               Scripture
               are
               bound
               to
               beleeve
               upon
               paine
               of
               damnation
               ,
               which
               other
               some
               are
               not
               bound
               to
               beleeve
               :
               surely
               this
               is
               not
               one
               God
               ,
               one
               faith
               ;
               all
               are
               not
               bound
               to
               goe
               to
               Christ
               in
               the
               unity
               of
               faith
               ;
               and
               yet
               the
               Doctour
               of
               the
               Gentiles
               plainely
               affirmes
               the
               contrary
               in
               the
               4
               to
               the
               Ephesians
               .
               Besides
               ,
               we
               may
               ask
               Pope
               Clement
               in
               what
               sacred
               sense
               the
               King
               of
               France
               and
               his
               subjects
               could
               merit
               by
               their
               faith
               not
               to
               be
               bound
               to
               beleeve
               those
               things
               which
               ought
               to
               bee
               beleeved
               upon
               paine
               of
               damnation
               ?
               either
               then
               they
               merited
               by
               their
               faith
               to
               bee
               Heretiques
               and
               Infidels●
               or
               else
               the
               Epistle
               of
               Boniface
               containes
               a
               down-right
               lye
               :
               and
               so
               things
               which
               are
               not
               true
               ofttimes
               overthrow
               themselves
               when
               no
               body
               thrusts
               them
               .
               Besides
               ,
               there
               is
               matter
               of
               admiration
               for
               other
               Princes
               and
               people
               ,
               who
               may
               demand
               what
               place
               of
               Scripture
               ,
               or
               what
               exposition
               makes
               them
               subject
               to
               the
               jurisdiction
               of
               the
               Pope
               of
               Rome
               ,
               and
               exempts
               the
               King
               of
               France
               ?
               Or
               why
               some
               are
               more
               bound
               to
               beleeve
               upon
               paine
               of
               damnation
               than
               others
               ?
               For
               this
               being
               like
               a
               fiction
               ,
               hath
               been
               deservedly
               much
               derided
               ,
               and
               is
               yet
               ;
               as
               proceeding
               from
               the
               ambition
               of
               them
               that
               vent
               such
               things
               ,
               and
               the
               earnest
               desire
               of
               reigning
               over
               Secular
               Princes
               ,
               and
               the
               terrour
               of
               the
               most
               illustrious
               King
               of
               France
               .
            
          
           
             60
             Wee
             will
             adde
             furthermore
             that
             this
             domineering
             power
             which
             the
             Popes
             have
             usurped
             over
             all
             Princes
             of
             Christendome
             ,
             hath
             driven
             them
             into
             some
             heinous
             injustices
             ,
             as
             to
             usurpe
             their
             Empires
             and
             Kingdomes
             ,
             to
             raise
             up
             war
             among
             them
             ;
             to
             rob
             them
             of
             their
             inheritance●
             to
             muster
             up
             their
             own
             subjects
             against
             them
             ;
             to
             sow
             quarrels
             and
             contentions
             among
             them
             ;
             to
             cause
             innocent
             bloud
             to
             be
             shed
             ;
             to
             abuse
             excommunications
             ,
             and
             other
             spirituall
             weapons
             :
             and
             in
             a
             word
             to
             exercise
             an
             intolerable
             ty●anny
             :
             Whereof
             there
             are
             so
             many
             pregnant
             proofs
             and
             examples
             that
             no
             man
             can
             doubt
             of
             it
             ,
             if
             he
             be
             not
             a
             meere
             novice
             in
             history
             ,
             or
             unlesse
             he
             have
             not
             bin
             extant
             in
             the
             world
             in
             these
             latter
             times
             .
             Neverthelesse
             I
             will
             quote
             some
             in
             the
             *
             margent
             to
             justifie
             my
             assertion
             against
             detractours
             .
          
        
         
           
           
             CHAP.
             XI
             .
             Of
             the
             Popes
             honours
             .
          
           
             
             WEE
             will
             now
             speak
             a
             word
             or
             two
             of
             those
             honours
             which
             they
             would
             have
             Emperours
             and
             Kings
             ,
             and
             other
             earthly
             Monarchs
             ,
             to
             do
             unto
             them
             ,
             whom
             they
             make
             their
             Lackeyes
             ,
             causing
             them
             to
             attend
             upon
             them
             in
             most
             shamefull
             manner
             :
             
             For
             we
             are
             bound
             to
             beleeve
             ,
             by
             the
             supposititious
             donation
             of
             Constantine
             ,
             that
             the
             Emperour
             
               Constantine
               holding
               the
               bridle
               of
            
             Sylvesters
             
               horse
               ,
               underwent
               the
               office
               of
               a
               Lackey
               .
            
             Some
             of
             the
             Popes
             domestiques
             affirme
             that
             Pepin
             ,
             one
             of
             our
             Kings
             ,
             did
             as
             much
             to
             Pope
             Stephen
             the
             2.
             
          
           
             2
             And
             in
             the
             Popes
             Ceremoniall
             these
             Chapters
             are
             inserted
             ;
             
               That
               Kings
               and
               Emperours
               must
               hold
               his
               stirrop
               when
               he
               gets
               up
               ,
               or
               alights
               from
               his
               horse
               .
               That
               they
               must
               lead
               his
               horse
               by
               the
               bridle
               :
               That
               if
               he
               goe
               in
               a
               litter
               ,
               the
               Emperours
               and
               Princes
               must
               carry
               him
               upon
               their
               shoulders
               :
               That
               when
               he
               sits
               down
               to
               table
               ,
               they
               must
               hold
               the
               bason
               while
               he
               washeth
               :
               That
               they
               must
               carry
               up
               his
               first
               messe
               .
            
          
           
             3
             Now
             these
             honours
             are
             not
             only
             set
             downe
             in
             their
             Books
             ,
             but
             have
             been
             actually
             proferd
             and
             beene
             admitted
             and
             received
             .
             Frederick●
             the
             first
             is
             thought
             to
             have
             fared
             but
             ill
             because
             he
             had
             not
             well
             studied
             this
             point
             of
             civility
             and
             duty
             ,
             when
             Pope
             Adrian
             the
             fourth
             came
             into
             his
             army
             ;
             for
             ,
             running
             to
             the
             rising
             stirrop
             to
             help
             him
             in
             alighting
             ,
             in
             stead
             of
             going
             to
             the
             other
             ,
             hee
             is
             thought
             to
             have
             lost
             his
             crowne
             for
             it
             :
             For
             the
             Pope
             was
             so
             offended
             at
             him
             ,
             and
             took
             it
             out
             so
             hainously
             in
             point
             of
             honour
             ,
             that
             being
             desired
             to
             proceed
             to
             his
             coronation
             ,
             hee
             made
             answere
             ;
             that
             S.
             Peter
             
               had
               beene
               dishonoured
               ,
               in
               asmuch
               as
               the
               Emperour
               in
               stead
               of
               holding
               the
               right
               stirrop
               had
               holden
               the
               left
               .
               Fredericke
            
             being
             much
             amazed
             at
             that
             complaint
             ,
             excused
             himselfe
             ,
             saying
             ,
             
               That
               it
               was
               for
               want
               of
               knowledge
               ,
               not
               devotion
               ;
               and
               that
               hee
               haed
               not
               been
               accustomed
               to
               holding
               of
               stirrops
               .
            
             But
             the
             Pope
             from
             his
             excuse
             drew
             a
             subtile
             argument
             ag●inst
             him
             ,
             to
             pronounce
             him
             unworthy
             of
             the
             Empire
             ;
             for
             (
             saith
             he
             )
             
               if
               he
               have
               neglected
               out
               of
               ignorance
               a
               thing
               which
               is
               so
               easie
               ,
               how
               thinke
               you
               hee
               will
               manage
               weightie
               matters
               ?
            
             The
             Emperour
             seeing
             himself
             in
             danger
             to
             be
             degraded
             as
             insufficient
             and
             incapable
             of
             the
             Empire
             ,
             bended
             all
             the
             nerves
             and
             veines
             of
             his
             wit
             ,
             to
             make
             this
             dilemma
             ,
             which
             gained
             him
             the
             cause
             ,
             
               I
               would
               be
               better
               informed
            
             (
             saith
             he
             )
             
               whence
               this
               custome
               proceeded
               ,
               whether
               out
               of
               good
               will
               ,
               or
               out
               of
               custome
               :
               if
               of
               good
               will
               ,
               the
               Pope
               hath
               no
               reason
               to
               complaine
               ,
               if
               a
               man
               have
               failed
               in
               a
               thing
               which
               concernes
               civility
               ,
               seeing
               that
               consists
               in
               the
               minde
               of
               the
               giver
               ,
               and
               not
               in
               necessity
               of
               right
               :
               if
               you
               say
               that
               this
               reverence
               is
               due
               to
               the
               Prince
               of
               the
               Apostles
               from
               the
               first
               institution
               ,
               what
               difference
               is
               there
               betwixt
               the
               right
               stirrop
               and
               the
               left
               ,
               so
               that
               humility
               be
               observed
               ,
               and
               the
               Princ●
               humble
               himselfe
               to
               the
               feet
               of
               the
               supreme
               Bishop
               ?
            
             The
             Historian
             addes
             ,
             
               That
               the
               question
               was
               disputed
               a
               long
               time
               ,
               and
               with
               much
               eagernesse
               .
            
             Hee
             sayes
             further
             ,
             
               That
               they
               parted
               without
               giving
               him
               the
               kisse
               of
               peace
               .
            
             It
             went
             so
             farre
             ,
             that
             the
             Pope
             returned
             without
             crowning
             Frederick
             ,
             and
             beeing
             intreated
             ,
             and
             importuned
             thereunto
             by
             the
             Princes
             of
             Germany
             ,
             he
             commanded
             him
             first
             and
             formost
             ,
             for
             pennance
             of
             his
             fault
             ,
             to
             goe
             and
             conquer
             Apulia
             from
             the
             
             Popes
             enemies
             ,
             to
             restore
             it
             to
             S.
             Peter
             ;
             
             and
             he
             had
             much
             adoe
             to
             make
             him
             give
             over
             that
             designe
             .
             All
             this
             is
             reported
             by
             a
             German
             Priest
             not
             suspected
             .
             Iudge
             yee
             now
             if
             he
             did
             not
             play
             his
             part
             well
             .
          
           
             4
             There
             was
             yet
             after
             that
             another
             great
             quarrell
             betwixt
             them
             ,
             by
             reason
             of
             certaine
             letters
             which
             the
             Emperour
             had
             writ
             to
             Adrian
             ,
             wherein
             hee
             committed
             this
             grosse
             absurdity
             ,
             to
             put
             his
             owne
             name
             before
             the
             Popes
             :
             whereat
             hee
             being
             justly
             offended
             ,
             told
             him
             in
             his
             letter
             .
             
               That
               he
               wondred
               much
               at
               this
               ,
               that
               he
               seemed
               not
               to
               give
               unto
               S.
               Peter
               ,
               
               and
               the
               holy
               Roman
               Church
               her
               due
               reverence
               ,
               for
               (
               saith
               he
               )
               in
               those
               letters
               which
               were
               sent
               to
               us
               ,
               you
               put
               your
               name
               before
               ours
               ,
               wherby
               you
               incurre
               a
               censure
               of
               insolence
               ,
               if
               not
               of
               arrogance
               .
            
             Whereunto
             the
             Emperour
             replyed
             ,
             
               That
               all
               the
               royalty
               which
               the
               Popedome
               had
               ,
               it
               had
               it
               by
               the
               liberality
               of
               the
               Emperours●
               and
               thereupon
               (
               said
               hee
               )
               when
               wee
               writ
               unto
               the
               Pope
               of
               Rome
               ,
               wee
               put
               our
               owne
               name
               before
               of
               right
               and
               custome
               ,
               and
               by
               way
               of
               justice
               ;
               wee
               allow
               him
               to
               doe
               the
               like
               when
               he
               writes
               unto
               us
               .
               Search
               the
               records
               ,
               and
               if
               you
               have
               not
               observed
               what
               we
               affirme
               ,
               wee
               will
               shew
               it
               you
               ,
            
          
           
             5
             We
             might
             here
             adde
             the
             picture
             of
             Rome
             ,
             
             which
             represents
             Innocent
             the
             2
             sitting
             in
             his
             pontificall
             chaire
             ,
             and
             Lotharius
             the
             Emperour
             ,
             who
             received
             the
             crowne
             from
             him
             ,
             lying
             prostrate
             at
             his
             feet
             ,
             which
             (
             as
             Historians
             say
             )
             caused
             the
             Emperour
             Frederick
             the
             first
             ,
             to
             fret
             and
             fume
             when
             he
             cast
             his
             eye
             upon
             it
             .
             As
             also
             that
             forme
             of
             inscription
             in
             Innocent
             the
             fourths
             letters
             ;
             Innocent
             &c.
             
             
               The
               virtue
               of
               God
               ,
               the
               wisedome
               of
               God
               ,
            
             
             
               to
               whose
               unspeakable
               majestie
               all
               things
               are
               subject
               .
            
          
           
             6
             Henry
             the
             4
             was
             injoyned
             this
             pennance
             by
             Gregory
             the
             7.
             
             
               Not
               to
               goe
               out
               of
            
             Rome
             
               for
               a
               yeere
               ;
               not
               to
               get
               on
               horse
               backe
               ;
               to
               visite
               the
               Churches
               in
               a
               Pilgrims
               habit
               ,
               and
               to
               bring
               forth
               fruits
               worthy
               o●
               repentance
               ,
               by
               fastings
               and
               prayers
               .
            
             While
             the
             poore
             Emperour
             was
             at
             his
             
               Pater
               nosters
            
             ,
             submitting
             himself
             to
             all
             that
             hee
             would
             lay
             upon
             him
             ,
             the
             Pope
             made
             another
             Emperour
             to
             bee
             created
             in
             Germany
             ,
             whereof
             a
             German
             Priest
             gives
             this
             reason
             ,
             
               That
               the
               Cardinals
               ,
               and
               others
               of
               the
               Court
               of
            
             Rome
             ,
             
             
               seeing
               how
               the
               earthly
               powers
               trembled
               for
               feare
               at
               the
               shaking
               of
               the
               See
               Apostolique
               ,
               and
               how
               those
               that
               bore
               up
               the
               world
               did
               bow
               downe
               to
               it
               ,
               might
               suggest
               to
               the
               Pope
               ,
               that
               he
               should
               conferre
               the
               Empire
               upon
               another
               .
            
             Another
             time
             comming
             to
             meet
             with
             the
             Pope
             at
             Canisium
             ,
             bare
             foot
             in
             the
             midst
             of
             Winter
             ,
             in
             Pilgrims
             weed●
             he
             was
             compelled
             to
             stay
             three
             dayes
             in
             the
             Suburbs
             ,
             like
             a
             poore
             rogue
             ,
             without
             obtaining
             audience
             .
          
           
             7
             The
             indignity
             done
             to
             Frederick
             the
             first
             ,
             by
             Alexander
             the
             third
             ,
             
             is
             well
             enough
             knowne
             ,
             when
             he
             received
             him
             in
             peace
             ,
             he
             cause
             him
             to
             cast
             himselfe
             upon
             the
             ground
             in
             S.
             Marks
             Church
             in
             Venice
             ,
             and
             to
             aske
             him
             pardon
             ;
             when
             ,
             setting
             his
             foot
             upon
             his
             neck
             ,
             hee
             said
             these
             words●
             
               Thou
               shalt
               goe
               upon
               the
               Basilisk
               and
               Adder
               ,
               the
               Lyon
               and
               the
               Dragon
               shalt
               thou
               tread
               under
               foot
               .
            
          
           
             8
             A
             Duke
             of
             Venice
             to
             make
             his
             peace
             with
             Clement
             the
             fifth
             ,
             for
             himselfe
             and
             the
             State
             ,
             was
             constrained
             to
             goe
             upon
             all
             foure
             towards
             the
             Pope
             ,
             
             with
             a
             chaine
             about
             his
             neck
             ;
             Innocent
             the
             4
             would
             not
             forgive
             Frederick
             the
             2
             ,
             notwithstanding
             ,
             the
             intercession
             made
             by
             King
             S.
             Lewes
             ,
             who
             writ
             unto
             him
             in
             person
             to
             Lions
             ;
             who
             offered
             in
             behalfe
             of
             the
             Emperour
             for
             satisfaction
             of
             his
             faults
             ,
             
               To
               goe
               in
               Pilgrimage
               into
               the
               Holy
               Land
               ,
               to
               make
               warre
               ,
               and
               stay
               there
               all
               the
               dayes
               of
               his
               life
               .
               
               Whereat
               the
               good
               King
               taking
               scandall
               ,
               came
               home
               vext
               and
               ill
               appeased
               ,
               having
               found
               no
               humility
               in
               the
               servant
               of
               servants
               ,
               (
               saith
               an
               English
               Monke
               )
               .
            
             Nay
             which
             is
             more
             ,
             
               Hee
               forbad
               him
               entrance
               into
               his
               Kingdome
               ,
               saying
               ,
               The
               Vicar
               of
               Christ
               followes
               not
               the
               footsteps
               of
               Christ
               ,
               as
               the
               same
               Authour
               .
            
          
           
             9
             The
             same
             King
             by
             the
             Councell
             of
             the
             Peeres
             in
             France
             ,
             had
             formerly
             
             denyed
             Gregory
             the
             9
             entrance
             into
             his
             Kingdome
             ,
             
             
               Knowing
               that
               by
               his
               comming
               ,
               there
               would
               no
               good
               come
               either
               to
               the
               King
               or
               the
               Kingdome
               ,
            
             saith
             the
             Historian
             ;
             
             who
             further
             addes
             this
             ,
             speaking
             of
             the
             French
             men
             and
             the
             Pope
             ;
             
               They
               were
               affraid
               that
               hee
               would
               not
               know
               his
               enemies
               ,
               as
               the
               rat
               in
               the
               poke
               ,
               or
               the
               serpent
               in
               the
               bosome
               .
            
             And
             yet
             this
             King
             was
             Canonized
             by
             the
             Popes
             .
             Philip
             the
             Faire
             was
             in
             danger
             to
             be
             so
             by
             Clement
             the
             6
             ,
             for
             sending
             Boniface
             into
             Paradise
             .
             But
             Lewes
             the
             12
             was
             excommunicated
             by
             Iulius
             the
             2
             for
             being
             too
             good
             to
             him
             :
             and
             Henry
             the
             3
             by
             Gregory
             the
             14
             ,
             because
             hee
             was
             growne
             too
             devout
             ,
             and
             doted
             too
             much
             upon
             the
             reliques
             of
             Rome
             .
          
           
             
             10
             Let
             us
             now
             see
             some
             draughts
             of
             the
             Popes
             greatnesse
             ,
             taken
             from
             that
             description
             which
             the
             Bishop
             of
             Zamore
             ,
             and
             Constable
             of
             the
             Castle
             of
             S.
             Angelo
             makes
             of
             it
             in
             his
             
               mirrour
               of
               mans
               life
            
             ,
             which
             he
             dedicated
             to
             Pope
             Paul
             the
             2.
             
             
               That
               the
               Pope
               is
               instituted
               and
               ordained
               not
               only
               for
               humane
               principalities
               ,
               but
               also
               for
               divine
               ;
               not
               onely
               to
               rule
               over
               mortals
               ,
               but
               also
               immortals
               ;
               not
               only
               over
               men
               but
               also
               over
               Angels
               ;
               not
               only
               to
               judge
               the
               quicke
               ,
               but
               the
               dead
               also
               ;
               not
               only
               in
               earth
               ,
               but
               also
               in
               heaven
               ;
               not
               only
               to
               preside
               over
               Christians
               ,
               but
               also
               over
               Heathens
               :
            
             And
             ,
             to
             bee
             short
             ,
             
               that
               he
               is
               instituted
               and
               ordained
               by
               the
               great
               God
               in
               his
               stead
               over
               all
               mortals
               ;
               to
               be
               held
               in
               the
               same
               dignity
               ,
               to
               have
               the
               same
               power
               and
               jurisdiction
               ,
               and
               the
               superiour
               and
               universall
               dominion
               over
               all
               the
               world
               .
            
          
           
             11
             Afterward
             hee
             applyes
             unto
             him
             certaine
             places
             of
             Scripture
             which
             speake
             of
             God
             :
             
               Of
               whom
            
             (
             saith
             hee
             )
             
               it
               was
               written
               by
            
             Iob
             ,
             
             
               that
               those
               which
               beare
               up
               the
               world
               stoup
               before
               him
               :
               and
               that
               the
               Kings
               of
               the
               earth
               are
               matters
               worthy
               of
               derision
               :
               that
               hee
               onely
               hath
               all
               power
               :
               the
               Scripture
               saith
               ,
               that
               hee
               is
               one
               ,
               and
               there
               is
               not
               a
               second
               :
               and
               that
               it
               was
               writ
               to
               him
               ,
               Thou
               art
               alone
               and
               there
               is
               no
               man
               with
               thee
               .
               And
               againe
               ,
               Thou
               art
               mighty
               over
               all
               them
               which
               are
               mighty
               :
               To
               whom
               all
               justice
               ,
               power
               ,
               and
               Empire
               doth
               belong
               ,
               as
               the
               Prophet
               testifies
            
             ;
             and
             whom
             
               David
               afterwards
               meant
               ,
               when
               he
               said
               ,
               Hee
               hath
               given
               him
               the
               power
               and
               the
               Kingdome
               ,
               and
               all
               people
               and
               languages
               are
               subject
               unto
               him
               .
            
             And
             presently
             after
             hee
             saith
             ,
             
               The
               greatnesse
               ,
               excellency
               ,
               commodity
               and
               necessity
               of
               the
               Popedome
               is
               seene
               in
               this
               ,
               that
               (
               as
               the
               Philosopher
               testifies
               )
               the
               world
               could
               not
               bee
               governed
               if
               there
               were
               not
               some
               supreame
               principality
               in
               it
               .
               Wee
               must
               needs
               come
               to
               him
               onely
               who
               directs
               and
               governs
               all
               particular
               things
               :
               by
               whose
               managing
               and
               disposall
               all
               actions
               of
               the
               Hierarchies
               are
               ordered
               :
               that
               in
               fi●e
               the
               disposall
               of
               this
               lower
               world
               ,
               may
               be
               administred
               conformably
               to
               the
               Celestiall
               Monarchy
               .
            
             And
             yet
             more
             ,
             
               The
               power
               of
               Iustice
               would
               decay
               (
               witnesse
               the
               same
               Philosopher
               )
               if
               there
               were
               not
               one
               in
               the
               world
               to
               administer
               it
               to
               all
               ,
               and
               supply
               the
               defects
               of
               the
               negligent
               .
            
             And
             againe
             ,
             
               There
               can
               bee
               no
               true
               nor
               right
               Common-wealth
               ,
               if
               there
               bee
               not
               one
               above
               all
               the
               rest
               to
               guide
               and
               governe
               them
               .
            
             Which
             is
             the
             Pope
             the
             Vicar
             of
             the
             immortall
             God.
             Afterwards
             he
             ascribes
             unto
             him
             a
             commutative
             and
             distributive
             justice
             over
             the
             universall
             world
             ;
             and
             speaking
             of
             this
             last
             ,
             hee
             saith
             ,
             that
             being
             exercised
             by
             him
             ,
             
               it
               doth
               institute
               and
               ordaine
               dignities
               ,
               principalities
               ,
               Kingdomes
               and
               Empires
               according
               to
               merits
               ,
               and
               transferre
               them
               from
               one
               Nation
               to
               another
               ,
               according
               to
               their
               demerits
               .
            
          
           
             
             12
             Hee
             that
             will
             not
             bee
             content
             with
             this
             ,
             may
             further
             read
             the
             Oration
             which
             was
             spoken
             in
             the
             presence
             of
             Pope
             Pius
             the
             second
             ,
             by
             the
             deputies
             of
             Florence
             ,
             registred
             in
             his
             History
             by
             A●tonine
             Archbishop
             of
             that
             City
             ,
             for
             the
             instruction
             of
             posterity
             .
             Hee
             may
             read
             also
             ,
             that
             which
             one
             
               Iames
               de
               Terano
            
             ,
             Chamberlaine
             to
             Vrban
             the
             6
             hath
             written
             concerning
             this
             point
             ;
             and
             
               Avarus
               Pelagius
            
             ,
             great
             Penitentiary
             to
             Iohn
             the
             22.
             
             Together
             with
             other
             mercenary
             authours
             ,
             the
             Popes
             domesticks
             ;
             who
             spare
             no
             qualities
             ,
             either
             
             devine
             ,
             or
             humane
             ,
             to
             set
             forth
             unto
             us
             the
             power
             ,
             the
             dignity
             ,
             
             and
             the
             divinity
             of
             the
             Popedome
             .
             Which
             authours
             and
             others
             above
             by
             us
             alleadged
             ,
             are
             so
             well
             approved
             by
             them
             ,
             that
             they
             sleep
             upon
             their
             pillows
             ,
             just
             as
             
               Homers
               Iliads
            
             did
             upon
             Alexanders
             .
             For
             that
             same
             
               Austin
               de
               Ancona
            
             ,
             out
             of
             whom
             we
             formerly
             cited
             many
             maximes
             ,
             and
             those
             of
             the
             finest
             ,
             w●s
             dedicated
             by
             the
             authour
             to
             Iohn
             the
             22
             ,
             Ann.
             1320
             ,
             and
             afterwards
             to
             Pope
             Gregory
             the
             13
             ,
             by
             a
             Generall
             of
             the
             Order
             of
             the
             Austin
             Friers
             ,
             and
             printed
             at
             Rome
             by
             
               George
               Ferrarius
               ,
               Ann.
            
             1582
             ,
             with
             expresse
             priviledge
             of
             the
             same
             Gregory
             .
             And
             
               Lancelot
               Conrade
            
             ,
             who
             helps
             well
             to
             build
             up
             this
             divinity
             and
             omnipotency
             ,
             out
             of
             whom
             we
             have
             cited
             some
             passages
             ,
             professed
             in
             his
             Preface
             that
             his
             booke
             was
             approved
             by
             Pope
             Pius
             the
             fourth
             ,
             one
             of
             the
             authours
             of
             the
             Councell
             of
             Trent
             ,
             and
             one
             that
             did
             the
             most
             good
             there
             .
             To
             make
             this
             assertion
             yet
             more
             evident
             ,
             you
             need
             but
             read
             the
             
               Index
               expugatorius
            
             ,
             set
             out
             by
             the
             authority
             of
             the
             Councell
             of
             Trent
             ,
             where
             neither
             any
             authors
             of
             this
             stampe
             ,
             nor
             any
             of
             their
             fooleries
             and
             impieties
             are
             ever
             condemned
             ;
             but
             all
             those
             who
             in
             divers
             ages
             have
             beene
             so
             sawcy
             ,
             as
             to
             open
             their
             mouthes
             ,
             and
             utter
             any
             truth
             against
             the
             Holy
             See
             ,
             who
             have
             gone
             about
             to
             defend
             the
             right
             of
             the
             Church
             ,
             of
             the
             rest
             of
             the
             Clergy
             ,
             of
             Kings
             ,
             and
             Emperours
             against
             the
             tyranny
             of
             Rome
             .
          
        
         
           
             CHAP.
             XII
             .
             Of
             the
             complaints
             and
             oppositions
             which
             have
             beene
             made
             against
             the
             Popes
             dominions
             over
             Kingdomes
             and
             Empires
             .
          
           
             NOw
             these
             great
             attempts
             as
             they
             have
             occasioned
             great
             mischiefs
             ,
             so
             have
             they
             raised
             great
             complaints
             and
             just
             disobediences
             to
             their
             unjust
             commands
             .
             Our
             French
             men
             ,
             both
             Lay
             and
             Clergy
             ,
             
             assembled
             in
             a
             Councell
             at
             Rhemes
             about
             the
             yeere
             870
             ,
             gave
             Pope
             Adrian
             the
             2
             to
             understand
             (
             who
             would
             have
             put
             this
             Realme
             of
             France
             in
             an
             interdict
             ,
             and
             bestowed
             it
             upon
             another
             ,
             by
             reason
             of
             the
             question
             betwixt
             King
             Charles
             the
             Bald
             ,
             and
             Lewes
             the
             son
             of
             Lotharius
             )
             that
             his
             attempt
             was
             a
             novelty
             and
             unusuall
             ,
             and
             they
             would
             never
             suffer
             it
             :
             For
             see
             here
             the
             resolution
             which
             was
             sent
             unto
             him
             on
             their
             behalfe
             ,
             by
             Hincmare
             Archbishop
             of
             Rhemes
             ,
             
             
               That
               hee
               could
               not
               be
               both
               King
               and
               Bishop
               at
               once
               :
               that
               his
               predecessours
               disposed
               and
               governed
               the
               Ecclesiasticall
               order
               (
               a
               thing
               which
               belonged
               unto
               him
               )
               and
               not
               the
               Common-wealth
               ,
               which
               belongs
               unto
               Kings
               .
            
          
           
             2
             In
             this
             action
             wee
             may
             observe
             a
             double
             abuse
             :
             First
             ,
             that
             the
             Pope
             undertakes
             to
             transferre
             Kingdomes
             by
             excommunications
             :
             next
             ,
             that
             it
             is
             not
             for
             any
             spirituall
             matter
             ,
             but
             upon
             a
             difference
             of
             succession
             ,
             and
             therefore
             that
             assembly
             added
             ,
             
               That
               it
               was
               not
               fitting
               for
               any
               Bishop
               to
               say
               ,
               that
               it
               is
               lawfull
               for
               him
               to
               deprive
               a
               Christian
               of
               his
               title
               ,
               so
               long
               as
               he
               is
               not
               inco●rigible
               ,
               and
               the
               question
               is
               not
               of
               his
               personall
               faults
               ,
               but
               of
               the
               loosing
               or
               getting
               an
               earthly
               Kingdome
               .
            
          
           
             3
             The
             Emperour
             Henry
             the
             4
             was
             excommunicated
             by
             Pope
             Gregory
             the
             7
             ,
             Ann.
             166
             ,
             and
             Ralph
             Duke
             of
             Suevia
             set
             up
             in
             his
             stead
             by
             his
             authority
             :
             and
             that
             because
             he
             did
             not
             make
             his
             appearance
             before
             him
             ,
             being
             summoned
             
             upon
             pretence
             of
             Simony
             which
             he
             injustly
             laid
             to
             his
             charge
             .
             
             The
             quarrell
             grew
             betwixt
             them
             upon
             this
             o●●asion
             ,
             that
             the
             Pope
             was
             elected
             without
             the
             Emperours
             consent
             ,
             contrary
             to
             the
             ancient
             custome
             .
             Whereupon
             a
             German
             Bishop
             writes
             thus
             ,
             
             
               I
               read
               and
               read
               againe
               the
               lives
               and
               Acts
               of
               the
               Roman
               Kings
               and
               Emperours
               ,
               but
               I
               never
               finde
               that
               any
               of
               them
               was
               excommunicated
               ,
               or
               deprived
               of
               his
               Kingdome
               before
               this
               ,
               unlesse
               we
               take
               that
               for
               an
               excommunication
               which
               passed
               in
               the
               case
               of
               Philip
               ,
               the
               first
               Christian
               Emperour
               ;
               who
               was
               put
               among
               the
               penitents
               by
               the
               Bishop
               of
               Rome
               :
               or
               that
               of
               S.
               Ambrose
               who
               prohibited
               Theodosius
               the
               Emperour
               from
               comming
               into
               the
               Church
               ,
               because
               he
               had
               murthered
               many
               men
               .
            
          
           
             4
             Godfrey
             of
             Viterbe
             in
             his
             Pantheon
             which
             he
             dedicated
             to
             Vrbane
             the
             3
             ,
             saith
             as
             much
             ;
             
             
               Wee
               never
               read
               that
               any
               Emperour
               before
               this
               was
               excommunicated
               by
               the
               Pope
               ,
               or
               deprived
               of
               his
               Empire
               .
            
             Yet
             the
             Abbot
             of
             Vsperge
             saith
             ,
             that
             there
             are
             examples
             of
             it
             ,
             and
             hee
             urgeth
             that
             of
             Pope
             Gregory
             the
             3
             ,
             who
             caused
             all
             Italy
             to
             revolt
             from
             their
             obedience
             to
             the
             Emperour
             Leo
             ,
             whom
             he
             had
             excommunicated
             and
             deposed
             from
             his
             Kingdome
             ;
             yet
             withall
             hee
             gives
             us
             to
             wit
             ,
             that
             hee
             doth
             not
             approve
             the
             fact
             .
             Howbeit
             (
             saith
             hee
             )
             
               the
               Popes
               of
            
             Rome
             
               challenge
               this
               power
               unto
               themselves
               ,
               and
               make
               their
               boast
               that
               they
               have
               done
               it
               ,
               yet
               we
               acknowledge
               these
               things
               came
               to
               passe
               by
               the
               judgement
               of
               God
               ,
               by
               reason
               of
               the
               sinnes
               committed
               by
               the
               Emperours
               ,
               the
               consciences
               of
               Princes
               and
               people
               binding
               them
               to
               make
               resistance
               against
               them
               .
            
          
           
             
             5
             The
             Clergy
             of
             Liege
             in
             their
             Apology
             against
             Paschal
             the
             2
             ,
             who
             had
             commanded
             Robert
             Earle
             of
             Flanders
             to
             make
             warre
             upon
             them
             ,
             and
             had
             excommunicated
             them
             because
             they
             would
             not
             abandon
             the
             Emperour
             Henry
             the
             4
             ;
             
               How
               comes
               this
               to
               passe
            
             (
             say
             they
             )
             
               that
               Pope
            
             Paschall
             
               not
               content
               with
               the
               spirituall
               sword
               alone
               ,
               sends
               his
               Champion
            
             Robert
             
               to
               spoile
               the
               lands
               and
               inheritances
               of
               the
               Church
               ,
               which
               if
               they
               must
               needs
               be
               destroyed
               ,
               ought
               to
               bee
               so
               by
               the
               Edict
               of
               Kings
               and
               Emperours
               ,
               who
               beare
               not
               the
               sword
               in
               vaine
               ?
            
          
           
             
             6
             S
             ,
             Bernard
             exclaimes
             mightily
             against
             the
             Popes
             dominion
             ,
             and
             gives
             good
             advice
             to
             Eugenius
             the
             3
             about
             this
             particular
             ,
             where
             he
             tells
             him
             amongst
             ●ther
             things
             ,
             
               You
               were
               made
               superiour
               to
               others
               ,
               for
               what
               ,
               I
               pray
               ?
               not
               to
               domineere
               I
               trow
               .
               Wee
               therefore
               having
               a
               conceit
               good
               enough
               of
               our selves
               ,
               doe
               not
               yet
               remember
               that
               any
               commanding
               power
               was
               given
               unto
               us
               ,
               but
               that
               a
               ministery
               was
               laid
               upon
               us
               :
               You
               must
               consider
               that
               to
               doe
               the
               worke
               of
               a
               Prophet
               ,
               you
               stand
               in
               steed
               of
               a
               weeding
               hooke
               ,
               not
               of
               a
               Scepter
               .
            
             Hee
             saith
             in
             another
             place
             ,
             
               This
               is
               plaine
               ,
               that
               dominion
               is
               prohibited
               by
               the
               Apostles
               :
               goe
               you
               then
               ,
               I
               pray
               you
               ,
               and
               (
               if
               you
               dare
               )
               usurpe
               either
               the
               Apostleship
               as
               rulers
               ,
               or
               the
               power
               of
               ruling
               as
               the
               Apostles
               .
               The
               one
               of
               the
               two
               is
               forbidden
               you
               ;
               if
               you
               will
               needs
               doe
               both
               you
               loose
               both
               .
               Doe
               not
               thinke
               that
               you
               are
               exempted
               out
               of
               the
               number
               of
               those
               against
               whom
               God
               makes
               this
               complaint
               ,
               They
               have
               reigned
               but
               not
               by
               me
               ,
               &c.
               
            
             Hee
             hath
             more
             concerning
             this
             point
             ,
             but
             this
             shall
             content
             us
             .
          
           
             
             7
             
               Venericus
               Wercellensis
            
             in
             his
             book
             of
             the
             unity
             of
             the
             Church
             ,
             saith
             ,
             
               That
               the
               sacerdotall
               judgement
               hath
               no
               more
               but
               the
               spirituall
               sword
               ,
               which
               is
               the
               word
               of
               God.
            
             And
             speaking
             of
             Hildebrand
             ,
             that
             is
             of
             Gregory
             7
             ,
             But
             Hildebrand
             (
             saith
             he
             )
             
               and
               his
               Bishops
               have
               doubtlesse
               challenged
               to
               themselves
               the
               very
               top
               of
               regall
               Authority
               ;
               yea
               they
               have
               usurped
               the
               function
               of
               both
               jurisdictions
               ,
               insomuch
               that
               the
               Kingdome
               is
               fully
               in
               their
               power
               ,
               or
               where
               they
               are
               pleased
               to
               bestow
               it
               :
               being
               growne
               more
               perverse
               by
               reason
               of
               this
               great
               pride●
               so
               that
               they
               can
               neither
               looke
               to
               the
               one
               ,
               nor
               the
               other
               ;
               neither
               the
               Priestdome
               nor
               the
               Kingdome
               :
               considering
               that
               no
               one
               man
               is
               sufficient
               to
               discharge
               either
               of
               the
               two
               ,
               they
               being
               such
               weighty
               imployments
               :
               But
               however
               hee
               is
               neither
               Christian
               nor
               Catholique
               that
               contradicts
               the
               Gospel
               ,
               and
               despiseth
               the
               doctrine
               of
               the
               Apostles
               ,
               which
               saith
               ,
               Give
               to
            
             Cesar
             
               the
               things
               that
               be
            
             Cesars
             ,
             
               and
               to
               God
               the
               things
               that
               are
               Gods.
               He
               that
               serveth
               God
               meddleth
               not
               with
               the
               things
               of
               the
               world
               .
               
               Feare
               God
               ,
               honour
               the
               King
               :
               Be
               subject
               to
               every
               humane
               creature
               for
               Gods
               sake
               ,
               &c.
               
            
             
             He
             urgeth
             many
             other
             reasons
             and
             places
             out
             of
             Scripture
             ,
             which
             to
             set
             downe
             might
             be
             troublesome
             .
          
           
             8
             A
             German
             Abbat
             who
             writ
             about
             1●50
             ,
             
             speaking
             of
             the
             excommunication
             of
             the
             Emperour
             Frederick
             the
             2
             ,
             whom
             Pope
             Honorius
             had
             also
             deposed
             from
             the
             Empire
             ;
             
               This
               sentence
               (
               saith
               hee
               )
               being
               noised
               abroad
               into
               the
               world
               ,
               some
               Princes
               and
               divers
               others
               tooke
               it
               ill
               ,
               saying
               ,
               that
               it
               concerned
               not
               the
               Pope
               to
               set
               up
               or
               pull
               downe
               the
               Emperour
               ,
               but
               only
               to
               crowne
               him
               after
               he
               is
               elected
               by
               the
               Princes
               .
            
          
           
             9
             An
             English
             Historian
             makes
             an
             observation
             herereupon
             ,
             which
             may
             much
             import
             all
             Princes
             ,
             
             
               One
               thing
               (
               saith
               he
               )
               vexed
               all
               the
               Princes
               and
               Prelats
               ,
               weighing
               the
               future
               dangers
               by
               the
               foresight
               of
               their
               understanding
               ;
               that
               was
               ,
               that
               however
               Frederick
               had
               sufficiently
               deserved
               to
               be
               deposed
               and
               deprived
               of
               all
               honour
               ;
               yet
               if
               the
               Popes
               authority
               by
               Gods
               permission
               deposed
               him
               ,
               so
               as
               he
               could
               not
               relieve
               himselfe
               ,
               the
               Church
               of
               Rome
               abusing
               the
               grace
               of
               God
               ,
               would
               grow
               hereafter
               to
               such
               an
               intolerable
               height
               and
               pride
               ,
               that
               she
               would
               depose
               Catholique
               Princes
               ,
               though
               just
               and
               innocent
               ;
               yea
               and
               Prelats
               also
               upon
               sleight
               occasions●
               or
               would
               cause
               them
               to
               be
               deposed
               and
               disgraced
               :
               and
               speaking
               haughtily
               ,
               and
               boasting
               themselves
               ,
               however
               descended
               from
               low
               degree
               ,
               they
               would
               say
               ,
               Wee
               have
               trode
               under
               foot
               the
               great
               Emperour
               Frederick
               ;
               and
               who
               art
               thou
               that
               thinkest
               to
               withstand
               us
               ?
            
          
           
             10
             The
             Pope
             having
             excommunicated
             King
             Iohn
             of
             England
             ,
             
             and
             put
             his
             Kingdome
             in
             an
             interdict
             ,
             compelled
             him
             to
             become
             a
             vassale
             and
             tributary
             to
             the
             See
             of
             Rome
             .
             Whereupon
             
               Philip
               Augustus
            
             King
             of
             France
             gave
             him
             to
             understand
             ,
             that
             it
             was
             an
             unjust
             thing
             ,
             and
             more
             than
             he
             could
             doe
             :
             wherein
             he
             was
             seconded
             by
             the
             great
             Lords
             of
             France
             ,
             as
             we
             have
             said
             in
             the
             beginning
             of
             the
             first
             Booke
             .
          
           
             11
             In
             the
             reigne
             of
             
               S.
               Lewis
               ,
               ann
            
             .
             1247
             ,
             what
             time
             (
             as
             it
             is
             probable
             )
             hee
             was
             gone
             in
             the
             Holy
             warres
             ,
             the
             Nobles
             of
             France
             finding
             themselves
             vexed
             and
             troubled
             by
             Pope
             Innocent
             the
             4
             ,
             made
             a
             League
             and
             set
             forth
             a
             declaration
             against
             him
             ,
             where
             they
             say
             amongst
             other
             things
             ,
             
               That
               the
               Clergy
            
             (
             pointing
             at
             the
             Pope
             )
             
               swallow
               up
               and
               frustrat●
               the
               jurisdiction
               of
               Secular
               Princes
               ,
               so
               as
               by
               their
               lawes
               the
               children
               of
               slaves
               passe
               judgement
               upon
               free
               men
               and
               their
               children
               :
               Whereas
               by
               the
               Secular
               lawes
               of
               our
               Kings
               and
               Princes
               ,
               they
               ought
               rather
               to
               be
               judged
               by
               us
               .
            
          
           
             12
             The
             yeere
             1244
             ,
             the
             Prince
             of
             Northwales
             ,
             being
             a
             vassaile
             of
             the
             King
             of
             England
             ,
             
             put
             himselfe
             and
             his
             Princedome
             into
             the
             protection
             of
             the
             same
             Innocent
             ;
             who
             received
             him
             by
             the
             mediation
             of
             a
             certaine
             summe
             of
             money
             ,
             promising
             him
             to
             shake
             off
             his
             royall
             yoke
             .
             
               Th●se
               things
            
             (
             saith
             an
             English
             Monke
             )
             
               being
               come
               to
               the
               knowledge
               of
               the
               King
               ,
               the
               Lords
               of
               the
               Land
               ,
               and
               other
               Princes
               aliens
               ,
               they
               were
               much
               displeased
               at
               him
               ;
               and
               abhorring
               the
               covetousnesse
               of
            
             Rome
             ,
             
               they
               perswaded
               the
               King
               of
            
             England
             
               to
               put
               it
               to
               a
               battell
               ,
               to
               curbe
               the
               upstart
               insolence
               of
               such
               an
               ungratefull
               person
               .
            
             
             The
             same
             Pope
             Innocent
             the
             4
             ,
             after
             the
             death
             of
             C●●rade
             King
             of
             Sicily
             and
             Apulia
             ,
             seized
             almost
             all
             the
             Kingdome
             into
             his
             hand
             ,
             and
             entred
             upon
             it
             with
             an
             army
             :
             
               Which
               the
               chiefe
               of
               the
               Countrey
               perceiving
            
             (
             saith
             the
             same
             authour
             )
             
               they
               were
               vexed
               at
               it
               ,
               and
               setting
               upon
            
             Memfred
             ,
             
               bastard
               son
               to
               the
               Emperour
            
             Frederick
             ,
             
               they
               adhered
               unto
               him
               ,
               and
               did
               him
               h●m●ge
               .
            
          
           
             13
             Philip
             the
             Faire
             being
             excommunicated
             by
             Boniface
             ,
             
             who
             pretended
             to
             be
             Lord
             Regent
             of
             France
             ,
             was
             so
             borne
             out
             by
             his
             subjects
             ,
             that
             when
             hee
             demanded
             their
             advice●
             how
             he
             should
             demeane
             himself
             ,
             and
             whether
             he
             should
             put
             up
             that
             wrong
             :
             they
             made
             answere
             u●to
             him
             ,
             commending
             his
             good
             intention
             ,
             
               That
               they
               were
               ready
               not
               onely
               to
               spend
               their
               goods
               (
               which
               they
               there
               
               wholly
               offerd
               unto
               him
               )
               for
               that
               end
               ,
            
             
             
               but
               also
               to
               expose
               their
               persons
               even
               to
               death
               for
               him
               ,
               not
               refusing
               any
               torments
               .
            
             Adding
             further
             ,
             
               and
               that
               more
               plainely
               by
               word
               of
               mouth
               ,
               That
               if
               the
               King
               (
               which
               God
               forbid
               )
               would
               suffer
               it
               ,
               or
               connive
               at
               it
               ,
               yet
               for
               their
               parts
               they
               would
               never
               endure
               it
               .
            
             Which
             ,
             and
             such
             like
             words
             as
             may
             bee
             read
             in
             some
             other
             passages
             of
             that
             Epistle
             ,
             are
             no
             signes
             of
             disobedience
             ,
             but
             testimonies
             of
             ardour
             and
             affection
             to
             the
             service
             of
             Princes
             ,
             which
             hath
             often
             made
             their
             subjects
             speak
             in
             this
             straine
             .
          
           
             14
             This
             reply
             was
             made
             by
             the
             nobility
             ,
             and
             the
             three
             Estates
             ,
             as
             is
             testified
             by
             the
             Clergy
             in
             their
             letters
             to
             the
             Pope
             upon
             that
             subject
             :
             which
             Clergy
             sided
             also
             with
             their
             Prince
             ,
             as
             it
             appears
             by
             those
             same
             letters
             :
             yet
             with
             more
             caution
             ,
             by
             reason
             of
             the
             great
             reverence
             which
             they
             bore
             to
             his
             Holynesse
             .
             
               Mr.
               Iohn
               Tillet
            
             Bishop
             of
             Paris
             ,
             
             speaking
             of
             this
             fact
             in
             his
             French
             Chronicle
             ,
             
               The
               impudence
               of
               this
               man
            
             (
             saith
             hee
             of
             Boniface
             )
             
               was
               wonderfull
               ,
               who
               durst
               affirme
               that
               the
               Realme
               of
            
             France
             
               was
               a
               benefice
               of
               the
               Papall
               majesty
               .
               But
               I
               thinke
               ●hem
               the
               greater
               fooles
               who
               dispute
               the
               point
               ;
               Whether
               the
               Pope
               hath
               this
               power
               or
               no
               ,
               he
               put
               our
            
             France
             
               under
               an
               interdict
               for
               the
               time
               ,
               but
               the
               Bishops
               tooke
               the
               Kings
               part
               .
               Marsilius
            
             of
             Padua
             speaketh
             of
             it
             in
             this
             manner
             :
             
               Experience
               the
               mistris
               of
               all
               things
               ,
               hath
               showne
               as
               much
               ;
               it
               is
               not
               long
               agoe
               when
               Pope
               Boniface
               the
               8
               dared
               to
               excommunicate
               Philip
               the
               Faire
               of
               happy
               memory
               ,
               Catholique
               King
               of
               France
               ,
               and
               put
               his
               Kingdome
               under
               an
               interdict
               ,
               together
               with
               such
               of
               the
               Clergy
               as
               adhered
               unto
               him
               .
               The
               King
               on
               the
               other
               side
               complaining
               of
               a
               certaine
               ordinance
               publikely
               set
               forth
               by
               the
               said
               Boniface
               ,
               
               by
               the
               advice
               of
               his
               Cardinals
               ,
               (
               which
               begun
               
                 Vnam
                 sanctam
              
               )
               containing
               amongst
               other
               things
               ,
               yea
               by
               way
               of
               conclusion
               ,
               peremptorily
               determining
               ,
               that
               all
               Princes
               of
               the
               world
               ,
               all
               Commonwealths
               and
               Secular
               persons
               ,
               are
               subject
               to
               the
               coactive
               jurisdiction
               of
               the
               Pope
               of
               Rome
               :
               albeit
               the
               same
               Boniface
               had
               resolved
               at
               the
               same
               time
               ,
               to
               band
               himselfe
               particularly
               against
               the
               said
               Prince
               ,
               and
               to
               stirre
               up
               against
               him
               his
               subjects
               and
               adherents
               ,
               and
               other
               Christian
               Princes
               and
               people
               ,
               if
               death
               had
               not
               hindred
               him
               :
               as
               the
               eternall
               truth
               ,
               and
               the
               memory
               of
               divers
               yet
               alive
               can
               testifie
               .
            
          
           
             15
             
               Ludovicus
               Bavarus
            
             was
             deprived
             of
             the
             Empire
             by
             Pope
             Iohn
             the
             22
             ,
             because
             he
             had
             taken
             upon
             him
             the
             name
             and
             title
             of
             Emperour
             ,
             and
             demeaned
             himselfe
             as
             such
             ,
             
             before
             hee
             was
             approved
             by
             the
             See
             Apostolique
             .
             But
             an
             Emperiall
             decree
             was
             made
             thereupon
             ,
             containing
             ,
             
               That
               Pope
            
             Iohns
             
               proceedings
               were
               null
               ,
               and
               that
               th●
               Pope
               could
               not
               attempt
               such
               things
               against
               the
               Emperour
               ,
               considering
               their
               jur●sdictions
               are
               distinct
            
             :
             So
             the
             German
             Historian
             ,
             But
             you
             must
             know
             that
             there
             were
             two
             Decrees
             made
             thereupon
             by
             the
             states
             of
             the
             Empire
             :
             by
             the
             one
             it
             is
             enacted
             ,
             
               That
               the
               imperiall
               dignity
               is
               immediatly
               from
               God
               alone
               ,
               and
               that
               he
               ought
               to
               be
               accounted
               and
               called
               King
               and
               Emperour
               of
               the
            
             Romans
             ,
             
               meerly
               for
               his
               election
               ;
               that
               he
               ought
               to
               be
               obeyed
               by
               the
               subjects
               of
               the
               Empire
               ;
               that
               he
               hath
               full
               power
               to
               exercise
               all
               Imperiall
               rights
               ,
               and
               doe
               all
               other
               things
               ,
               which
               belong
               to
               a
               true
               Emperour
               ,
               and
               that
               he
               needs
               not
               the
               approbation
               ,
               confirmation
               ,
               authority
               ,
               or
               consent
               of
               the
               Pope
               ,
               the
               See
               Apostolique
               ,
               or
               any
               other
               whatsoever
               .
            
             The
             other
             whereby
             the
             processe
             of
             Iohn
             the
             22
             ,
             against
             Lewes
             the
             5
             called
             of
             Bavaria
             ,
             is
             cassed
             and
             nullified
             ;
             whereof
             wee
             have
             spoken
             elsewhere
             ,
             setting
             downe
             the
             very
             same
             words
             .
          
           
             16
             This
             opinion
             was
             maintained
             at
             that
             time
             by
             divers
             great
             Prelats
             ,
             and
             learned
             men
             in
             the
             Court
             of
             
               Rome
               ,
               Albericus
               de
               Rosate
            
             being
             then
             present
             ,
             who
             witnesseth
             as
             much
             in
             these
             words
             ,
             
             
               I
               hold
               (
               saith
               he
               )
               th●t
               this
               opinion●
               That
               the
               Emperour
               hath
               his
               power
               from
               God
               ,
               is
               more
               true
               ,
               by
               right
               ,
               then
               by
               the
               authority
               of
               Innocent
               and
               others
               .
               And
               there
               was
               a
               great
               controversie
               concerning
               this
               in
               the
               time
               of
               Iohn
               the
               22
               and
               his
               successor
               Benedict
               ,
               betwixt
               them
               and
               
                 Ludovicus
                 Bavarus
              
               Emperour
               elect
               ,
               my selfe
               being
               at
               that
               time
               in
               
               the
               Court
               of
               Rome
               .
               
               But
               I
               heard
               then
               that
               some
               great
               Prelates
               ,
               and
               some
               learned
               Lay
               men
               in
               both
               the
               lawes
               ,
               inclined
               to
               that
               opinion
               as
               the
               truer
               .
            
          
           
             17
             The
             same
             Authour
             saith
             in
             his
             Dictionary
             ,
             
               That
               the
               Pastours
               of
               the
               Church
               ,
               thrusting
               their
               sickle
               into
               an
               other
               mans
               harvest
               ,
               made
               three
               Decretals
               concerning
               that
               particular
               :
            
             
             
               One
               about
               the
               election
               of
               the
               Emperour
               ,
               another
               about
               the
               deposall
               of
               the
               Emperour
            
             Frederick
             ,
             
               a
               third
               about
               the
               dissention
               and
               sentence
               of
               treason
               given
               by
               the
               Emperour
            
             Henry
             .
             
               There
               is
               yet
               another
               about
               the
               oath
               of
               alleageance
               ,
               which
               the
               Emperour
               is
               bound
               to
               swear
               to
               the
               Pope
               ,
               and
               some
               other
               power
               of
               the
               Pope
               above
               the
               Emperour
               .
               Which
               Decretals
               God
               knowes
               whether
               they
               be
               just
               or
               not
               ;
               for
               my
               part
               ,
               I
               thinke
               none
               of
               them
               are
               according
               to
               law
               ,
               (
               with
               submission
               to
               better
               advice
               ,
               and
               under
               correction
               ,
               if
               I
               thinke
               amisse
               )
               nay
               I
               beleeve
               they
               were
               made
               against
               the
               liberties
               and
               rights
               of
               the
               Empire
               ;
               and
               I
               hold
               that
               the
               powers
               are
               distinct
               ,
               and
               that
               they
               proceed
               from
               God.
               
            
          
           
             18
             
               Peter
               de
               Ferrariis
            
             ,
             an
             Italian
             Lawyer
             ,
             who
             lived
             about
             1400
             ,
             speaking
             of
             the
             abuse
             of
             excommunication
             ,
             exclaimes
             thus
             ,
             
               O
               poor
               Emperours
               and
               Secular
               Princes
               which
               endure
               this
               and
               other
               things
               of
               this
               nature
               ,
               and
               inslave
               your selves
               to
               the
               Church
               !
               You
               see
               they
               usurpe
               upon
               the
               world
               infinite
               wayes
               ,
               and
               you
               never
               think
               of
               any
               redres
               .
            
             
             In
             another
             place
             ,
             questioning
             whether
             the
             Canon
             law
             ought
             to
             be
             observed
             in
             case
             of
             prescriptions
             after
             hee
             had
             determined
             for
             the
             negative
             ,
             he
             addes
             ,
             
               The
               Emperours
               doe
               ill
               ,
               yea
               very
               ill
               ,
               to
               suffer
               them
               to
               have
               a
               meere
               and
               mixt
               Empire
               ,
               seeing
               God
               said
               to
               Peter
               ,
               Put
               up
               thy
               sword
               into
               his
               place
               ;
               thereby
               expresly
               forbidding
               him
               to
               meddle
               in
               these
               matters
               ,
               whereto
               Peter
               obeyed
               ,
               (
               as
               Cynus
               saith
               in
               the
               Authentique
               ,
               
                 Clericus
                 C.
                 de
                 Episcopis
                 &
                 Clericis
              
               )
               and
               considering
               that
               this
               concernes
               the
               purchasing
               of
               Lay
               mens
               goods
               ,
               the
               Pope
               cannot
               determine
               any
               thing
               about
               it
               ,
               for
               so
               hee
               should
               put
               his
               sickle
               into
               anothers
               harvest
               ,
               contrary
               to
               the
               chapter
               Novit
               ,
               and
               other
               such
               like
               ,
               and
               the
               Glosse
               upon
               that
               
                 Extra
                 de
                 Iudie
              
               :
               let
               the
               Canon
               law
               then
               bee
               observed
               amongst
               the
               Clergy
               ,
               who
               carry
               their
               conscience
               in
               their
               hoods
               ,
               and
               loose
               it
               when
               they
               leave
               them
               .
            
          
           
             19
             In
             another
             place
             hee
             enlargeth
             himselfe
             more
             fully
             upon
             this
             subject
             ,
             commenting
             upon
             those
             words
             ,
             
               
                 Plenam
                 &
                 omnimodam
                 Iurisdictionem
              
               ,
               The
               covetousnesse
               of
               men
               (
               saith
               he
               )
               is
               so
               much
               inhaunced
               ,
               that
               they
               endeavour
               with
               all
               their
               might
               to
               climbe
               up
               to
               jurisdictions
               ,
               honours
               ,
               donations
               ,
               and
               if
               it
               were
               possible
               ,
               to
               the
               thrones
               of
               Heaven
               :
               But
               they
               never
               consider
               what
               Tully
               ,
               the
               Father
               of
               eloquence
               ,
               said
               in
               his
               Offices
               ,
               wee
               ought
               to
               take
               heed
               of
               the
               desire
               of
               glory
               ,
               This
               appetite
               and
               desire
               is
               so
               much
               inlarged
               ,
               that
               not
               Layiques
               only
               ,
               but
               even
               great
               Prelates
               and
               Clerks
               are
               wholly
               infected
               with
               this
               vice
               and
               malady
               .
               For
               you
               see
               how
               the
               Pope
               himselfe
               ,
               who
               should
               like
               a
               true
               Vicar
               follow
               the
               steps
               of
               IESUS
               CHRIST
               ,
               bestirreth
               himselfe
               ,
               to
               seize
               upon
               ,
               and
               by
               force
               of
               armes
               to
               keepe
               the
               jurisdiction
               of
               Countries
               ,
               Cities
               ,
               Villages
               ,
               and
               other
               places
               which
               naturally
               and
               ever
               since
               the
               creation
               of
               the
               world
               ,
               and
               by
               Christs
               owne
               ordinance
               belong
               to
               the
               Roman
               Empire
               ;
               according
               to
               that
               ,
               Give
               unto
               God
               the
               things
               which
               are
               Gods
               ,
               and
               unto
               Cesar
               the
               things
               which
               are
               Cesars
               .
               Yea
               the
               Pope
               stands
               to
               have
               superiority
               over
               the
               Emperour
               ,
               which
               is
               ridiculous
               to
               speake
               ,
               and
               odious
               to
               heare
               :
               For
               naturally
               ever
               since
               the
               beginning
               of
               the
               world
               ,
               not
               only
               Lay
               men
               but
               the
               Clergy
               also
               have
               beene
               subject
               to
               the
               power
               and
               jurisdiction
               of
               the
               Empire
               .
            
          
           
             20
             Speaking
             in
             another
             place
             of
             a
             womans
             joynture
             aliened
             by
             the
             husband
             ,
             
             This
             (
             he
             saith
             )
             cannot
             bee
             recovered
             by
             the
             wife
             ,
             when
             shee
             is
             bound
             by
             oath
             ,
             according
             to
             the
             Canon
             law
             ,
             which
             in
             this
             case
             is
             repugnant
             to
             the
             Civile
             :
             
               The
               Canon
               law
               (
               saith
               he
               )
               is
               observed
               ,
               even
               in
               the
               lands
               of
               the
               Empire
               :
               Here
               take
               notice
               how
               the
               Pope●
               usurpes
               upon
               the
               jurisdiction
               of
               the
               Empire
               in
               this
               ,
               as
               he
               doth
               also
               in
               divers
               other
               things
               ;
               which
               commeth
               
               to
               passe
               ,
               by
               reason
               of
               the
               inexperince
               of
               the
               Emperours
               .
               
            
          
           
             21
             
               Theodorick
               de
               Nihem
            
             in
             his
             third
             book
             
               De
               Schismate
            
             ,
             speaks
             his
             minde
             very
             roundly
             ,
             exclaiming
             against
             those
             who
             put
             two
             swords
             into
             the
             Popes
             hands
             :
             
             
               Now
               that
               the
               Empire
               (
               saith
               he
               )
               depends
               principally
               and
               immediatly
               upon
               God
               ,
               as
               well
               as
               the
               Church
               or
               Ecclesiasticall
               power
               ,
               is
               manifest
               by
               evident
               reasons
               .
               It
               is
               further
               confirmed
               by
               that
               Decree
               ,
               where
               the
               Pope
               writes
               to
               the
               Emperour
               ,
               My
               Church
               over
               which
               our
               God
               hath
               ordained
               my
               Priesthood
               ,
               while
               you
               governe
               humane
               affaires
               ,
               &c
               :
               It
               is
               proved
               also
               by
               divers
               testimonies
               out
               of
               the
               Law.
               Whence
               it
               followes
               ,
               that
               they
               talke
               sorrily
               and
               soothingly
               ,
               who
               say
               that
               the
               Pope
               or
               the
               Church
               hath
               two
               swords
               ,
               the
               spirituall
               and
               the
               temporall
               :
               whereas
               it
               is
               said
               in
               the
               Gospel
               ,
               Put
               up
               thy
               sword
               into
               thy
               sheath
               :
               For
               if
               both
               the
               swords
               were
               in
               the
               Popes
               power
               ,
               the
               Emperour
               ,
               or
               the
               King
               of
               the
               Romans
               should
               have
               that
               title
               falsely
               and
               vainly
               given
               unto
               him
               .
               But
               these
               flatterers
               by
               such
               like
               words
               and
               writings
               ,
               breed
               a
               great
               errour
               over
               all
               Christendome
               ,
               and
               raise
               as
               it
               were
               a
               continuall
               emulation
               ,
               or
               contention
               betwixt
               the
               Pope
               and
               the
               Emperour
               .
               For
               by
               this
               meanes
               the
               Imperiall
               authority
               is
               trampled
               under
               foot
               ,
               and
               his
               power
               called
               in
               question
               ,
               to
               the
               great
               dammage
               of
               the
               whole
               Common-wealth
               .
            
          
           
             22
             
               Antonius
               de
               Rosellis
            
             in
             his
             book
             
               De
               potestate
               Imperatoris
               &
               Papae
            
             ,
             saith
             ,
             
             
               It
               is
               a
               foolish
               and
               hereticall
               opinion
               ,
               that
               the
               whole
               disposall
               of
               temporall
               things
               i●
               or
               ought
               to
               be
               in
               the
               Popes
               power
               ,
               or
               any
               other
               Ecclesiasticall
               persons
               .
            
             He
             saith
             further
             ,
             
               He
               omittes
               that
               and
               laughes
               at
               it
               ,
               which
               some
               use
               for
               a
               shift
               ,
               That
               the
               dominion
               over
               temporall
               things
               ,
               belongs
               to
               the
               Pope
               habitually
               ,
               and
               in
               power
               ,
               though
               he
               doe
               not
               immediatly
               actuate
               it
               ,
               but
               by
               the
               mediation
               of
               the
               Emperour
               ,
               who
               (
               as
               they
               say
               )
               receives
               the
               Empire
               from
               the
               Pope
               ,
               and
               the
               administration
               thereof
               ;
               so
               as
               he
               depends
               upon
               the
               Pope
               .
               For
               upon
               whom
               the
               exercise
               is
               bestowed
               ,
               to
               him
               also
               is
               the
               habit
               given
               much
               more
               ;
               seeing
               that
               virtue
               consists
               in
               the
               act
               ,
               not
               in
               the
               habit
               .
            
             And
             in
             another
             place
             ,
             
               Whence
               it
               followes
               ,
               that
               the
               Pope
               hath
               not
               the
               power
               of
               electing
               and
               crowning
               the
               Emperour
               ,
            
             
             
               by
               virtue
               of
               his
               high
               Priestship
               ,
               which
               he
               received
               from
               Christ
               :
               But
               he
               performeth
               the
               coronation
               by
               virtue
               of
               his
               commission
               granted
               unto
               him
               by
               the
               Empire
               ,
               which
               may
               also
               bee
               revoked
               upon
               occasion
               .
            
          
           
             
             23
             
               Albert
               Krants
            
             a
             Dutch
             Historian
             and
             devine
             ,
             who
             lived
             a
             little
             before
             these
             late
             broyles
             about
             religion
             ,
             speaketh
             so
             of
             the
             creation
             of
             Kings
             which
             the
             Pope
             challengeth
             ,
             as
             that
             he
             plainely
             shewes
             ,
             that
             he
             dislikes
             it
             ;
             For
             ,
             telling
             a
             story
             of
             a
             Duke
             of
             Cracovia
             ,
             whom
             Pope
             Iohn
             the
             22
             created
             King
             of
             
               Poland
               ,
               Then
            
             (
             saith
             he
             )
             
               the
               Popes
               were
               come
               to
               that
               majesty
               (
               which
               Secular
               Princes
               call
               presumption
               )
               that
               they
               created
               Kings
               .
            
          
           
             24
             In
             the
             Act
             of
             the
             Protestation
             made
             by
             King
             
               Charles
               ,
               ann
            
             .
             1563
             ,
             upon
             the
             monitory
             of
             Pope
             Pius
             the
             4
             ,
             set
             out
             against
             the
             Queen
             of
             Navarre
             ,
             wee
             finde
             this
             clause
             worthy
             our
             observation
             ;
             
               As
               for
               goods
               the
               King
               thinks
               it
               strange
               ,
               that
               the
               said
               Holy
               Father
               will
               intermeddle
               with
               the
               confiscation
               of
               goods
               within
               his
               Kingdome
               ,
               or
               with
               the
               diminution
               or
               disposing
               of
               them
               ,
               as
               the
               said
               monitory
               affirmeth
               ,
               contrary
               to
               all
               the
               constitutions
               and
               Canons
               of
               Councels
               that
               were
               ever
               yet
               seene
               upon
               record
               in
               the
               bookes
               of
               his
               predecessours
               .
            
          
           
             25
             But
             there
             is
             nothing
             more
             masculine
             &
             generous
             than
             the
             Remonstrance
             of
             that
             noble
             Parliament
             of
             Paris
             ,
             exhibited
             to
             the
             deceased
             King
             ,
             against
             the
             Bull
             of
             
               Sixtus
               Quintus
               ann
            
             .
             1585
             ,
             whereby
             he
             excommunicated
             the
             King
             of
             Navarre
             ,
             our
             Soveraigne
             that
             now
             is
             ,
             and
             the
             Prince
             of
             Conde
             ,
             depriving
             them
             of
             their
             goods
             and
             Lands
             ;
             
               As
               for
               the
               holy
               Bull
               ,
               the
               Court
               doth
               finde
               it
               to
               be
               of
               a
               new
               stile
               ,
               and
               so
               farre
               from
               the
               modestie
               of
               the
               former
               Popes
               ,
               that
               it
               hath
               no
               affinity
               with
               the
               wayes
               of
               a
               successour
               of
               the
               Apostles
               :
               and
               forasmuch
               as
               wee
               doe
               not
               finde
               in
               our
               records
               ,
               nor
               in
               all
               antiquity
               ,
               that
               the
               Princes
               in
            
             France
             
               were
               ever
               subject
               to
               the
               justice
               of
               the
               Pope
               ,
               nor
               that
               the
               subjects
               sat
               in
               judgement
               upon
               
               the
               Princes
               religion
               ,
            
             
             
               the
               Court
               cannot
               take
               it
               into
               consideration
               till
               the
               Pope
               doe
               first
               shew
               some
               right
               which
               he
               pretendeth
               for
               transferring
               of
               Kingdomes
               ,
               ordained
               and
               established
               by
               God
               before
               ever
               the
               name
               of
               Pope
               came
               into
               the
               world
               ;
               till
               he
               have
               shewed
               us
               upon
               what
               title
               he
               meddleth
               with
               the
               successour
               of
               a
               Prince
               ,
               full
               of
               youth
               and
               strength
               ,
               and
               who
               naturally
               ought
               to
               have
               his
               heires
               of
               his
               owne
               body
               .
               Hee
               must
               informe
               us
               with
               what
               colour
               of
               piety
               and
               religion
               he
               bestowes
               that
               which
               is
               none
               of
               his
               owne
               ,
               he
               takes
               from
               another
               that
               which
               belongs
               unto
               him
               ,
               hee
               putteth
               vassals
               and
               subjects
               in
               rebellion
               against
               their
               Lords
               and
               Soveraignes
               ,
               and
               reverseth
               the
               grounds
               of
               all
               justice
               and
               civill
               government
               .
            
          
           
             26
             As
             for
             the
             absolving
             of
             subjects
             from
             the
             oath
             of
             allegeance
             to
             their
             Lords
             and
             Princes
             ,
             the
             last
             words
             of
             Ralph
             Duke
             of
             Suevia
             ,
             whom
             Gregory
             the
             7
             had
             caused
             to
             rise
             up
             against
             the
             Emperour
             Henry
             the
             fourth
             ,
             loosing
             the
             tye
             of
             that
             oath
             which
             bound
             him
             to
             his
             Prince
             ,
             and
             creating
             him
             Emperour
             ,
             are
             sufficient
             proofe
             to
             any
             man
             ,
             that
             it
             is
             a
             very
             unlawfull
             act
             ;
             
             
               You
               see
               (
               saith
               hee
               to
               his
               familiars
               )
               how
               my
               right
               hand
               is
               sore
               of
               a
               hurt
               ,
               it
               is
               the
               hand
               whereby
               I
               swore
               to
               Henry
               my
               Lord
               and
               Master
               ,
               that
               I
               would
               never
               annoy
               him
               ,
               that
               I
               would
               never
               lay
               in
               ambush
               to
               intercept
               his
               glory
               ;
               but
               the
               Popes
               commands
               brought
               me
               to
               this
               ,
               to
               breake
               mine
               oath
               ,
               and
               usurpe
               an
               honour
               which
               was
               not
               due
               unto
               me
               .
               You
               see
               what
               end
               it
               is
               come
               to
               .
               I
               have
               received
               this
               mortall
               wound
               upon
               this
               hand
               which
               broke
               the
               oath
               .
               Let
               them
               then
               who
               have
               incited
               us
               so
               to
               doe
               ,
               consider
               in
               what
               manner
               they
               urged
               us
               ,
               for
               feare
               that
               wee
               bee
               not
               brought
               to
               the
               downfall
               of
               eternall
               damnation
               .
            
          
           
             27
             Sigebert
             ,
             
             speaking
             of
             the
             sam●
             Henry
             ,
             and
             of
             Pope
             Vrbane
             the
             second
             ,
             who
             had
             also
             excommunicated
             him
             ,
             deprived
             him
             of
             his
             Empire
             ,
             and
             absolved
             his
             subjects
             of
             their
             oath
             of
             allegeance
             ,
             
               I
               dare
               say
               (
               saith
               he
               )
               by
               the
               favour
               and
               good
               leave
               of
               all
               honest
               men
               ,
               that
               that
               new
               doctrine
               (
               that
               I
               call
               it
               not
               heresie
               )
               was
               not
               yet
               come
               into
               the
               world
               ,
               That
               his
               Priests
               ,
               who
               hath
               said
               to
               a
               King
               Apostate
               ,
               and
               made
               an
               Hypocrite
               to
               reigne
               for
               the
               sinnes
               of
               the
               world
               ,
               teach
               the
               people
               that
               they
               owe
               no
               obedience
               to
               bad
               Kings
               ;
               no
               alleageance
               though
               they
               have
               taken
               an
               oath
               to
               performe
               it
               :
               that
               those
               who
               take
               part
               against
               their
               King
               ,
               cannot
               be
               called
               perjured
               ;
               but
               rather
               he
               that
               will
               obey
               the
               King
               must
               be
               accounted
               excommunicate
               ,
               but
               hee
               that
               will
               be
               against
               him
               ,
               absolved
               from
               injustice
               and
               perjury
               .
            
          
           
             28
             Hee
             that
             writ
             the
             Booke
             
               De
               unitate
               Ecelesiae
               observanda
            
             ,
             in
             the
             time
             of
             the
             same
             Henry
             the
             4
             ,
             which
             is
             supposed
             to
             be
             
               Venericus
               Vercellensis
            
             ,
             
             refuting
             the
             motives
             and
             reasons
             of
             Gregory
             the
             7
             ,
             saith
             ,
             
               As
               for
               that
               which
               he
               addes
               ,
               it
               seemes
               wondrous
               strange
               ,
               that
               any
               religious
               Bishop
               of
            
             Rome
             
               should
               undertake
               to
               absove
               any
               man
               from
               his
               oath
               of
               allegeance
               .
            
             Not
             long
             after
             hee
             addes
             ,
             
               See
               how
               the
               Catholique
               Church
               defendeth
               every
               thing
               which
               is
               not
               reproveable
               ;
               and
               therefore
               shee
               defendeth
               both
            
             Zachary
             and
             Stephen
             
               Popes
               of
            
             Rome
             ,
             
               for
               the
               merit
               of
               their
               religion
               and
               piety
               :
               none
               of
               which
               (
               as
               we
               very
               well
               know
               )
               absolved
               the
            
             French
             
               from
               their
               oath
               of
               allegeance
               which
               they
               had
               sworne
               to
               their
               King
               ,
               as
               Pope
            
             Hildebrand
             
               giveth
               out
               in
               writing
               ,
               that
               so
               by
               this
               president
               hee
               may
               cozen
               the
               Peeres
               of
               the
               Realme
               :
               as
               if
               he
               could
               absolve
               them
               from
               their
               oath
               of
               allegeance
               ,
               which
               they
               have
               sworne
               unto
               their
               King
               in
               the
               Name
               of
               God
               ,
               intending
               by
               that
               meanes
               to
               depose
               him
               and
               strip
               him
               of
               his
               Kingdome
               .
               Which
               being
               divers
               times
               attempted
               within
               these
               fourteen
               yeeres
               last
               past
               and
               above
               ,
               did
               never
               yet
               take
               effect
               for
               all
               that
               .
            
          
           
             29
             Afterwards
             he
             relates
             the
             story
             of
             Pepins
             coronation
             ,
             and
             there
             concludes
             ,
             
               Marke
               now
               the
               order
               how
               things
               were
               carried
               ,
               and
               observe
               if
               any
               of
               the
               Popes
               of
               Rome
               ever
               deposed
               the
               King
               of
               France
               out
               of
               his
               Realme
               ,
               (
               as
               Pope
               Hildebrand
               writes
               )
               and
               absolved
               the
               French
               from
               the
               oath
               of
               allegeance
               which
               they
               had
               taken
               unto
               him
               :
               which
               oath
               (
               as
               hath
               beene
               formerly
               proved
               
               by
               the
               testimonies
               of
               holy
               Scripture
               )
               no
               man
               can
               dissolve
               without
               making
               the
               party
               absolved
               a
               lyer
               ,
               
               and
               perjured
               ,
               and
               damning
               of
               the
               absolver
               .
            
          
           
             
             30
             The
             Clergy
             of
             Leige
             ,
             in
             their
             Apology
             against
             Pope
             Paschal
             the
             second
             ,
             speaking
             of
             the
             absolution
             of
             the
             oath
             of
             allegeance
             ,
             which
             he
             had
             granted
             against
             the
             same
             Henry
             the
             4
             ,
             
               Who
               can
               justly
               blame
               a
               Bishop
               for
               favouring
               his
               Lords
               party
               ,
               to
               whom
               hee
               oweth
               allegeance
               ,
               and
               hath
               promised
               it
               by
               oath
               ?
               No
               man
               doubts
               but
               perjury
               is
               a
               grievous
               offence
               :
               God
               only
               sweareth
               and
               repenteth
               not
               ,
               because
               wisedome
               keeps
               the
               Commandements
               of
               Gods
               oath
               :
               But
               for
               us
               ,
               who
               often
               repent
               that
               wee
               have
               sworne
               ,
               wee
               are
               ●orbidden
               to
               sweare
               :
               If
               man
               sweare
               God
               injoynes
               him
               to
               performe
               his
               oath
               unto
               the
               Lord.
               Which
               is
               not
               unknowne
               to
               those
               that
               rend
               the
               Kingdome
               and
               the
               Priesthood
               by
               a
               new
               schisme
               ,
               and
               with
               their
               upstart
               traditions
               ,
               (
               as
               some
               would
               have
               it
               )
               promise
               to
               absolve
               from
               all
               sinne
               ,
               such
               as
               incurre
               the
               crime
               of
               perjurie
               towards
               their
               King.
               Never
               regarding
               what
               God
               said
               to
               Zedekias
               by
               the
               mouth
               of
               Ezekiel
               ,
               who
               had
               committed
               perjury
               against
               his
               King
               Nebuchadonosor
               ,
               Hee
               that
               hath
               broken
               the
               Covenant
               ,
               shall
               hee
               escape
               ?
               Which
               St.
               Ierom
               expoundeth
               thus
               ;
               Hence
               wee
               may
               learne
               ,
               that
               we
               ought
               to
               keepe
               touch
               even
               with
               our
               enemies
               ;
               and
               not
               consider
               to
               whom
               ,
               but
               by
               whom
               we
               have
               sworne
               .
            
          
           
             
             31
             Gregory
             of
             Heymburg
             in
             a
             tract
             of
             his
             ,
             
               With
               what
               conscience
               (
               saith
               hee
               )
               dare
               any
               Priest
               ,
               even
               the
               Pope
               himselfe
               undertake
               to
               absolve
               the
               Liege
               subjects
               of
               the
               Empire
               from
               their
               oath
               of
               allegeance
               and
               obedience
               ,
               to
               which
               Christ
               and
               his
               Apostles
               doe
               binde
               every
               one
               ,
               especially
               so
               long
               as
               the
               piety
               of
               faith
               is
               preserved
               entire
               ?
               And
               if
               the
               Pope
               may
               dispence
               by
               his
               oligarchicall
               law
               ,
               yet
               hee
               cannot
               so
               by
               the
               divine
               law
               without
               imputation
               of
               errour
               .
            
          
           
             
             32
             Marsilius
             of
             Padua
             in
             his
             Treatise
             ,
             
               Of
               the
               translation
               of
               the
               Empire
               ,
            
             speaking
             of
             Gregory
             the
             13
             ,
             who
             made
             all
             
               Apulia
               ,
               Italy
            
             ,
             and
             Spaine
             revolt
             from
             their
             obedience
             to
             the
             Emperour
             Leo
             ,
             and
             made
             them
             deny
             to
             pay
             him
             tributes
             and
             subsidies
             ,
             by
             reason
             of
             a
             controversie
             about
             Images
             which
             was
             then
             betwixt
             them
             ,
             saith
             thus
             ;
             
               For
               this
               reason
               the
               said
            
             Gregory
             
               undertooke
               to
               excommunicate
               the
               said
            
             Leo
             ,
             
               and
               perswaded
               all
            
             Apulia
             ,
             Italy
             and
             Spaine
             
               to
               withdraw
               themselves
               from
               his
               obedience
               ,
               and
               as
               much
               as
               in
               him
               lay
               put
               it
               in
               execution
               ,
               howbeit
               without
               any
               great
               right
               :
               Hee
               also
               in
               solemne
               manner
               forbade
               him
               to
               receive
               any
               subsidies
               :
               By
               what
               authority
               I
               know
               not
               ,
               but
               I
               wot
               well
               by
               what
               temerity
               .
            
          
           
             33
             Divers
             Doctours
             and
             learned
             men
             ,
             both
             in
             divinity
             and
             in
             either
             law
             ,
             have
             in
             their
             writings
             in
             sundry
             ages
             opposed
             this
             usurpation
             of
             Rome
             ,
             and
             proved
             by
             sound
             reasons
             ,
             that
             the
             Pope
             hath
             no
             temporall
             sword
             :
             that
             it
             is
             in
             the
             power
             of
             Princes
             ,
             and
             other
             Magistrates
             :
             that
             hee
             hath
             no
             Secular
             power
             or
             jurisdiction
             over
             Kings
             and
             Princes
             ,
             nor
             over
             their
             Empires
             and
             Kingdomes
             ,
             which
             depend
             upon
             God
             ,
             not
             upon
             him
             :
             that
             consequently
             hee
             cannot
             take
             them
             from
             them
             to
             bestow
             them
             upon
             another
             ;
             nor
             absolve
             their
             subjects
             from
             the
             oath
             of
             allegeance
             .
             These
             witnesses
             have
             withstood
             the
             Pope
             as
             stoutly
             by
             their
             pens
             ,
             at
             Kings
             and
             Emperours
             by
             their
             swords
             ;
             yea
             so
             farre
             forth
             that
             their
             armour
             had
             beene
             but
             very
             weake
             ,
             if
             they
             had
             not
             beene
             tempered
             in
             these
             writings
             ,
             as
             some
             Historians
             doe
             assure
             us
             .
             And
             thence
             it
             is
             that
             the
             Popes
             many
             times
             have
             darted
             out
             their
             thunder-bolts
             against
             them
             ,
             and
             their
             works
             .
             Which
             our
             Councell
             of
             Trent
             hath
             used
             to
             doe
             ,
             and
             which
             our
             Popes
             doe
             put
             in
             execution
             daily
             ,
             according
             to
             the
             commission
             granted
             them
             by
             i●
             ,
             stuffing
             their
             
               Index
               Expurgatorius
            
             ,
             with
             their
             names
             .
             I
             should
             bee
             troublesome
             if
             I
             should
             here
             quote
             their
             a●thorities
             ,
             and
             much
             more
             if
             I
             should
             
             set
             downe
             their
             reasons
             :
             
             I
             will
             content
             my selfe
             with
             citing
             some
             few
             in
             the
             *
             margent
             besides
             those
             whom
             I
             have
             already
             alledged
             ,
             to
             whom
             any
             man
             may
             have
             recourse
             .
          
        
         
           
             CHAP.
             XIII
             .
             The
             conclusion
             of
             all
             that
             went
             before
             .
          
           
             1
             NOw
             to
             make
             an
             end
             of
             this
             Treatise
             ,
             wee
             will
             here
             set
             downe
             the
             antithesis
             of
             
               Gregory
               Haymburg
            
             ,
             
             which
             suits
             very
             well
             with
             the
             former
             discourse
             .
          
           
             
               
                 1
                 CHRIST
                 rejected
                 the
                 Kingdome
                 of
                 this
                 world
                 .
              
               
                 His
                 Vicar
                 canvaseth
                 for
                 it
                 .
              
            
             
               
                 2
                 CHRIST
                 refused
                 a
                 Kingdome
                 when
                 it
                 was
                 offered
                 him
                 .
              
               
                 His
                 Vicar
                 will
                 needs
                 have
                 one
                 which
                 is
                 denied
                 him
                 .
              
            
             
               
                 3
                 CHRIST
                 refused
                 to
                 bee
                 made
                 a
                 Secular
                 Iudge
                 .
              
               
                 His
                 Vicar
                 takes
                 upon
                 him
                 to
                 judge
                 the
                 Emperour
                 .
              
            
             
               
                 4
                 CHRIST
                 submitted
                 himselfe
                 to
                 the
                 Emperours
                 deputy
                 .
              
               
                 His
                 Vicar
                 preferres
                 himselfe
                 before
                 the
                 Emperour
                 himselfe
                 ,
                 yea
                 before
                 all
                 the
                 world
                 .
              
            
             
               
                 5
                 CHRIST
                 reproved
                 those
                 who
                 desired
                 primacy
                 .
              
               
                 His
                 Vicar
                 wrangles
                 for
                 it
                 against
                 all
                 the
                 Church
                 .
              
            
             
               
                 6
                 CHRIST
                 upon
                 Palmesunday
                 was
                 mounted
                 upon
                 an
                 Asse
                 .
              
               
                 His
                 Vicar
                 is
                 not
                 content
                 with
                 a
                 stately
                 Cavalierie
                 ,
                 unlesse
                 the
                 Emperour
                 hold
                 his
                 right
                 stirrop
                 .
              
            
             
               
                 7
                 CHRIST
                 united
                 the
                 disagreeing
                 Iewes
                 ,
                 and
                 all
                 other
                 Nations
                 in
                 one
                 Ecclesiasticall
                 Kingdome
                 .
              
               
                 His
                 Vicar
                 hath
                 oftentime●
                 raised
                 seditions
                 amongst
                 the
                 Germans
                 ,
                 when
                 they
                 were
                 at
                 unity
                 .
              
            
             
               
                 8
                 CHRIST
                 ,
                 though
                 innocent
                 ,
                 endured
                 injuries
                 patiently
                 .
              
               
                 His
                 Vicar
                 ,
                 though
                 nocent
                 ,
                 ceaseth
                 not
                 to
                 doe
                 injuries
                 to
                 the
                 Church
                 and
                 Empire
                 .
              
            
          
           
             2
             
               Nicholas
               de
               Clemangiis
            
             after
             hee
             hath
             discoursed
             of
             all
             the
             vices
             of
             the
             Popedome
             ,
             
             and
             those
             of
             the
             rest
             of
             the
             Clergy
             ,
             which
             he
             deriveth
             like
             petty
             rivulets
             from
             that
             great
             fountaine●
             applies
             in
             fine
             the
             ancient
             Prophecies
             to
             the
             See
             of
             Rome
             ,
             and
             bespeaks
             her
             thus
             ;
             
               Rowze
               up
               thy selfe
               now
               at
               last
               from
               thy
               too
               long
               slumber
               ,
               O
               happy
               sister
               of
               the
               Synagogue
               !
               awake
               one
               day
               ,
               &
               moderate
               thy
               drunkennesse
               ,
               that
               I
               may
               so
               say
               ,
               wherin
               thou
               hast
               sleeped
               too
               long
               :
               see
               ,
               read
               ,
               and
               understand
               this
               prophet
               ,
               and
               the
               rest
               ,
               (
               if
               yet
               thy
               drunkennesse
               have
               not
               quite
               bereft
               thee
               of
               all
               sense
               and
               understanding
               )
               if
               there
               bee
               yet
               any
               sparke
               of
               sound
               judgement
               remaining
               in
               thee
               :
               search
               the
               words
               of
               the
               Prophets
               ,
               and
               thence
               consider
               thine
               estate
               ,
               and
               thy
               confusion
               which
               sleepeth
               not
               ,
               
               but
               is
               neere
               at
               hand
               .
               
               Thou
               shalt
               see
               what
               ends
               are
               prepared
               for
               thee
               ,
               and
               how
               that
               now
               is
               the
               time
               that
               thou
               crouchest
               under
               these
               villanies
               with
               danger
               ;
               but
               if
               thou
               wilt
               not
               heare
               the
               Prophets
               ,
               nor
               beleeve
               that
               they
               spoke
               of
               thee
               when
               they
               denounced
               so
               many
               miseries
               ,
               thou
               cheatest
               and
               deceivest
               thy self
               by
               a
               too
               dangerour
               errour
               ;
               for
               it
               is
               of
               thee
               they
               spoke
               ,
               and
               thou
               may
               perceive
               ,
               if
               thou
               hast
               not
               lost
               all
               sense
               ,
               that
               all
               those
               curses
               which
               are
               denounced
               shall
               fall
               upon
               thee
               .
               But
               suppose
               their
               prophecies
               aime
               at
               another
               thing
               ,
               what
               thinkest
               thou
               of
               that
               Prophecie
               in
               the
               Revelation
               of
               St.
               Iohn
               ?
               dost
               thou
               not
               thinke
               at
               least
               ,
               that
               it
               concernes
               thee
               in
               some
               sort
               .
               Thou
               hast
               not
               so
               lost
               thy
               shame
               with
               thy
               sence
               ,
               that
               thou
               wilt
               deny
               it
               :
               Observe
               it
               then
               and
               read
               the
               condemnation
               of
               the
               great
               whore
               which
               sitteth
               upon
               many
               waters
               :
               there
               behold
               thy
               fine
               pranks
               ,
               and
               thy
               future
               miseries
               .
               Besides
               ,
               when
               thou
               observest
               how
               all
               Empires
               and
               Kingdomes
               ,
               how
               great
               ,
               large
               ,
               and
               potent
               soever
               they
               are
               ,
               have
               beene
               brought
               to
               nought
               by
               their
               pride
               and
               injustice
               ,
               when
               thou
               seest
               them
               turned
               upside
               downe
               ,
               and
               overthrowne
               ;
               and
               how
               on
               the
               other
               side
               ,
               thou
               hast
               so
               far
               abandoned
               thy
               humility
               ,
               which
               was
               thy
               foundation
               ,
               and
               lifted
               up
               thy
               horne
               so
               high
               ,
               how
               canst
               thou
               imagine
               that
               the
               foundation
               of
               humility
               being
               taken
               up
               and
               razed
               ,
               such
               a
               great
               weight
               of
               pride
               as
               thou
               hast
               built
               thereupon
               ,
               should
               not
               fall
               to
               the
               ground
               .
               It
               is
               a
               long
               time
               since
               thy
               pride
               ,
               not
               able
               to
               withhold
               her selfe
               ,
               hath
               begun
               to
               fall
               downe
               ,
               but
               slowly
               and
               by
               little
               and
               little
               ,
               and
               therefore
               the
               downfall
               was
               not
               perceived
               by
               many
               ,
               but
               now
               it
               beginnes
               to
               fall
               headlong
               and
               like
               a
               torrent
               .
            
          
           
             
             3
             Marsilius
             of
             Padua
             after
             hee
             hath
             represented
             all
             the
             Popish
             usurpations
             ,
             and
             the
             indirect
             meanes
             which
             they
             used
             ,
             at
             last
             resembleth
             the
             Court
             of
             Rome
             to
             the
             Image
             in
             Daniel
             ;
             which
             passage
             wee
             will
             here
             insert
             ,
             as
             fitting
             well
             with
             the
             whole
             tract
             concerning
             the
             reformation
             of
             the
             Head
             ;
             
               As
               for
               mee
               which
               have
               seene
               it
               ,
               (
               saith
               hee
               ,
               speaking
               of
               the
               Court
               of
               Rome
               )
               and
               who
               have
               beene
               there
               ,
               mee
               thinks
               I
               saw
               the
               terrible
               Image
               which
               Daniel
               tels
               that
               Nabuchadonosor
               saw
               in
               a
               dreame
               ,
               having
               the
               head
               of
               gold
               ,
               the
               armes
               and
               breast
               of
               silver
               ,
               the
               belly
               and
               thighes
               of
               brasse
               ,
               the
               legs
               of
               iron
               ,
               the
               feet
               halfe
               of
               iron
               ,
               halfe
               of
               clay
               :
               for
               what
               is
               that
               great
               Image
               else
               ,
               but
               the
               state
               of
               the
               people
               of
               the
               Court
               of
               Rome
               ,
               or
               of
               the
               great
               Bishop
               ?
               who
               was
               anciently
               terrible
               to
               wicked
               men
               ,
               but
               is
               now
               horrible
               to
               bee
               beholden
               by
               all
               good
               men
               ?
               For
               the
               higher
               members
               of
               that
               Statue
               (
               to
               wit
               ,
               the
               Head
               ,
               the
               breast
               and
               the
               armes
               )
               what
               are
               they
               else
               to
               the
               eye
               ,
               to
               the
               desire●
               and
               to
               the
               embrace
               ,
               but
               gold
               and
               silver
               ,
               and
               the
               worke
               of
               mens
               hands
               ?
               the
               belly
               and
               thighes
               ,
               what
               are
               they
               but
               the
               noise
               and
               din
               of
               pleadings
               ,
               and
               processes
               for
               the
               goods
               of
               this
               world
               ?
               but
               calumnies
               and
               Simoniacall
               contracts
               as
               well
               of
               spirituall
               things
               as
               carnall
               ?
               the
               thighes
               of
               brasse
               ,
               what
               are
               they
               but
               the
               pompous
               preparations
               of
               pleasures
               ,
               of
               luxury
               ,
               and
               all
               kinde
               of
               vanities
               ,
               even
               such
               as
               are
               not
               fitting
               for
               Lay
               men
               ?
               which
               even
               they
               do
               stamp
               upon
               the
               minds
               of
               men
               ,
               who
               should
               be
               patterns
               of
               chastity
               and
               honesty
               .
               The
               legs
               ,
               feet
               ,
               and
               toes
               of
               iron
               upon
               which
               the
               Image
               stands
               ,
               and
               which
               are
               partly
               of
               earth
               and
               clay
               ,
               what
               doe
               they
               import
               but
               the
               usurpation
               ,
               invasion
               ,
               and
               seazing
               upon
               Secular
               Dominions
               ,
               Provinces
               ,
               and
               Kingdomes
               ,
               by
               the
               violent
               power
               of
               armed
               men
               ,
               and
               overlaid
               with
               iron
               ,
               upon
               which
               they
               beare
               their
               superiour
               members
               ?
               the
               furnishing
               with
               gold
               and
               silver
               which
               invites
               the
               men
               of
               warre
               hereunto
               ?
               the
               belly
               also
               and
               the
               thighes
               of
               brasse
               ,
               by
               a
               promise
               which
               is
               often
               made
               both
               lowd
               and
               large
               ,
               by
               a
               cheating
               absolution
               of
               their
               sins
               and
               punishments
               ,
               and
               by
               an
               unjust
               condemnation
               and
               curse
               (
               however
               harmelesse
               by
               ●eason
               of
               Gods
               protection
               of
               such
               as
               stand
               in
               defence
               of
               their
               owne
               liberty
               ,
               and
               will
               preserve
               the
               loyalty
               which
               they
               owe
               unto
               their
               Princes
               .
               )
               The
               basis
               of
               the
               feet
               and
               the
               toes
               of
               earth
               and
               clay
               ,
               which
               may
               therefore
               be
               broken●
               
               what
               doe
               they
               denote
               but
               the
               inconstancy
               of
               the
               Court
               of
               Rome
               ?
               
               what
               doe
               they
               signifie
               but
               the
               open
               weaknes
               ,
               that
               I
               say
               not
               the
               falsenes
               and
               unjustnesse
               of
               those
               causes
               and
               occasions
               ,
               which
               the
               Pope
               takes
               to
               oppresse
               the
               faithfull
               people
               of
               Christ
               ?
               But
               according
               to
               the
               testimony
               of
               the
               same
               Prophet
               ,
               there
               must
               a
               stone
               fall
               upon
               this
               Image
               ,
               rent
               from
               the
               mountaine
               without
               hands
               ;
               that
               is
               ,
               a
               King
               whom
               God
               will
               raise
               up
               ,
               having
               chosen
               him
               by
               his
               grace
               ,
               from
               amongst
               all
               people
               ,
               giving
               unto
               him
               the
               power
               and
               Kingdome
               which
               shall
               not
               be
               transferred
               upon
               an
               other
               ;
               hee
               (
               I
               say
               )
               more
               by
               the
               strength
               and
               grace
               of
               God
               ,
               than
               by
               the
               worke
               and
               power
               of
               the
               hands
               of
               men
               ,
               shall
               first
               breake
               in
               pieces
               that
               piece
               of
               clay
               ,
               the
               feet
               upon
               which
               it
               unjustly
               stands
               ;
               making
               the
               false
               and
               unjust
               pretences
               ,
               or
               to
               speake
               more
               truely
               with
               the
               Poet
               those
               bald
               occasions
               ,
               appear
               unto
               all
               Princes
               &
               people
               ;
               discovering
               their
               Sophistry
               ,
               refuting
               them
               by
               humane
               demonstrations
               ,
               and
               disanulling
               them
               by
               the
               truth
               of
               the
               holy
               Scripture
               .
               And
               afterwards
               ,
               repelling
               the
               iron
               ,
               that
               is
               the
               barbarous
               and
               impious
               dominion
               ,
               and
               then
               the
               brasse
               ,
               that
               is
               ,
               the
               authority
               of
               reviling
               against
               Prince
               and
               people
               ,
               which
               it
               challengeth
               ,
               hee
               shall
               cause
               the
               tumults
               of
               Secular
               usurped
               jurisdictions
               ,
               and
               by
               consequence
               of
               processes
               and
               vexations
               to
               be
               husht
               :
               hee
               shall
               cause
               the
               luxury
               of
               voluptuousnesse
               ,
               and
               the
               pomps
               of
               vanity
               to
               cease
               :
               hee
               shall
               moderate
               the
               gold
               and
               silver
               ,
               that
               is
               ,
               the
               avarice
               and
               rapine
               of
               the
               Pope
               ,
               and
               those
               higher
               members
               of
               the
               Court
               of
               Rome
               ,
               and
               shall
               allow
               him
               the
               use
               of
               temporall
               things
               with
               due
               moderation
               .
            
          
           
             4
             A
             certaine
             Chronicler
             writ
             a
             pretty
             while
             agoe
             ,
             
             that
             this
             King
             should
             come
             of
             the
             house
             of
             France
             ,
             and
             the
             race
             of
             Charlemaigne
             ,
             according
             to
             that
             which
             was
             prophecied
             of
             him
             ;
             
               Some
               say
            
             (
             saith
             he
             )
             
               that
               there
               is
               another
               common
               prophecy
               ,
               that
               some
               of
               the
            
             Carolingians
             ,
             
               that
               is
               of
               the
               race
               of
               King
            
             Charles
             ,
             
               and
               bloud
               royall
               ,
               shall
               have
               an
               Emperour
               of
            
             France
             ,
             
               by
               name
            
             Charles
             ,
             
               who
               shall
               bee
               Prince
               and
               Monarch
               over
            
             Europe
             ,
             
               and
               shall
               reforme
               the
               Church
               and
               State.
            
             Hee
             that
             is
             curious
             to
             see
             this
             prophecie
             may
             finde
             it
             amongst
             the
             vulgar
             revelations
             .
             Now
             that
             the
             Kings
             of
             France
             now
             reigning
             are
             descended
             from
             Charles
             the
             Great
             ,
             the
             Popes
             themselves
             confesse
             ;
             as
             Innocent
             the
             3
             ,
             who
             after
             hee
             had
             made
             mention
             of
             Charlemaigne
             ,
             hee
             addeth
             ,
             
               Of
               whose
               race
               this
               King
            
             ,
             viz.
             Philip
             Augustus
             ,
             
               is
               descended
            
             :
             
             and
             by
             consequence
             all
             the
             rest
             of
             
               Hugh
               Capets
            
             line
             .
             Whether
             this
             prophecie
             be
             true
             or
             no
             ,
             I
             referre
             my selfe
             to
             other
             mens
             judgements
             .
             I
             will
             only
             say
             ,
             that
             it
             seemes
             this
             reformation
             is
             destined
             to
             come
             from
             France
             ,
             considering
             that
             in
             the
             greatest
             distempers
             of
             the
             Church
             ,
             our
             Kings
             have
             ever
             put
             to
             their
             hands
             with
             the
             formost
             ;
             that
             they
             have
             ever
             either
             wrought
             ,
             or
             procured
             a
             reformation
             :
             That
             they
             have
             been
             instigated
             ,
             and
             exhorted
             so
             to
             doe
             by
             the
             words
             and
             writings
             of
             the
             learned
             men
             of
             their
             times
             ;
             (
             as
             wee
             shall
             elsewhere
             observe
             :
             )
             That
             they
             have
             preserved
             the
             liberti●s
             of
             the
             Church
             within
             their
             Kingdome
             ,
             more
             than
             any
             besides
             :
             That
             at
             this
             instant
             all
             men
             of
             understanding
             cast
             their
             eyes
             upon
             them
             ,
             as
             they
             who
             must
             be
             the
             restorers
             of
             the
             Church
             ,
             and
             which
             have
             more
             ability
             to
             do
             it
             now
             than
             ever
             .
             When
             God
             hath
             appointed
             it
             to
             bee
             done
             ,
             hee
             will
             touch
             their
             hearts
             .
          
        
         
           
           
             CHAP.
             XIV
             .
             Of
             Cardinals
             .
          
           
             
             1
             AFter
             wee
             have
             done
             with
             the
             Pope
             ,
             wee
             will
             speake
             a
             word
             of
             the
             Cardinals
             .
             The
             Emperour
             Ferdinand
             desired
             they
             might
             bee
             reduced
             to
             a
             smaller
             number
             ;
             the
             Councell
             hath
             determine●
             nothing
             about
             it
             ,
             and
             yet
             nothing
             could
             be
             more
             justly
             demanded
             :
             that
             great
             company
             stands
             in
             great
             charges
             :
             they
             have
             need
             of
             many
             incomes
             to
             maintaine
             them
             .
             Hence
             mainely
             doe
             proceed
             an
             infinite
             company
             of
             abuses
             raigning
             now
             adayes
             ,
             which
             the
             Pope
             must
             dispense
             with
             to
             ease
             his
             coffers
             of
             so
             much
             ;
             for
             there
             is
             no
             good
             reason
             hee
             should
             create
             such
             great
             Lords
             as
             they
             are
             to
             starve
             them
             for
             want
             of
             sustenance
             .
             Besides
             ,
             the
             publique
             must
             ever
             be
             sensible
             of
             it
             ;
             Christian
             Princes
             and
             their
             Kingdomes
             must
             pay
             deare
             for
             their
             folly
             ,
             though
             they
             bee
             hardly
             able
             ;
             and
             all
             must
             light
             upon
             their
             shoulders
             .
          
           
             2
             This
             is
             not
             the
             first
             time
             this
             reformation
             hath
             beene
             demanded
             ,
             it
             is
             above
             an
             hundred
             and
             seventy
             yeers
             agoe
             since
             one
             of
             their
             own
             order
             complained
             of
             it
             ;
             namely
             the
             reverend
             Cardinall
             of
             Cambray
             in
             his
             booke
             
               De
               reformatione
               Ecclesiae
            
             ,
             for
             amongst
             other
             wayes
             which
             hee
             proposeth
             for
             the
             lessening
             of
             those
             monstrons
             exactions
             which
             were
             made
             in
             his
             dayes
             in
             the
             Court
             of
             Rome
             ,
             hee
             puts
             this
             for
             one
             ,
             
               The
               diminution
               of
               the
               number
               of
               C●rdinals
               ,
               that
               so
               their
               multitude
               may
               not
               bee
               so
               great
               and
               burdensome
               ,
               as
               it
               hath
               hitherto
               beene
               :
               That
               it
               may
               not
               be
               objected
               to
               the
               Court
               of
            
             Rome
             :
             
               Thou
               hast
               multiplied
               thy
               people
               ,
               but
               thou
               hast
               not
               growne
               greater
               ;
               it
               would
               be
               expedient
               to
               take
               an
               order
               for
               the
               meanes
               of
               Cardinals
               ,
               and
               other
               Clergy-men
               ,
               so
               as
               it
               may
               not
               be
               lawfull
               for
               them
               to
               enjoy
               that
               prodigious
               and
               scandalous
               plurality
               of
               benefices
               :
               of
               which
               abuse
               the
               ancient
               Sages
               have
               complained
               ,
               and
               amongst
               them
            
             William
             
               Bishop
               of
            
             Paris
             .
          
           
             3
             It
             will
             not
             bee
             amisse
             to
             set
             downe
             also
             the
             complaint
             of
             a
             French
             man
             of
             our
             own
             ,
             
               Nicholas
               de
               Clemangiis
            
             in
             his
             tract
             
               De
               ruind
               ,
               &
               reparatione
               Ecclesiae
               ,
            
             who
             after
             he
             hath
             exclaimed
             against
             their
             pride
             and
             vaine-glory
             ,
             
               But
               omitting
               their
               vanity
            
             (
             saith
             hee
             )
             
               who
               can
               sufficiently
               expresse
               the
               infinite
               and
               insatiable
               hunger
               of
               their
               covetousnesse
               ?
               First
               of
               all
               ,
               what
               greedinesse
               is
               this
               to
               hold
               such
               a
               number
               of
               repugnant
               and
               incompatible
               benefices
               ?
               They
               are
               Monkes
               and
               Canons
               ,
               Regulars
               and
               Seculars
               :
               Vnder
               the
               same
               habite
               they
               enjoy
               the
               rights
               ,
               degrees
               ,
               offices
               .
               and
               benefices
               of
               all
               religions
               of
               all
               Orders
               ,
               of
               all
               professions
               ;
               not
               two
               or
               three
               ,
               but
               ten
               ,
               twenty
               ,
               an
               hundred
               ,
               two
               hundred
               ;
               yea
               sometimes
               foure
               hundred
               ,
               even
               to
               five
               hundred
               ,
               and
               upwards
               :
               And
               those
               no
               petty
               ones
               ,
               nor
               contemptible
               ,
               hut
               of
               the
               fattest
               and
               best
               ,
               and
               how
               great
               a
               number
               soever
               they
               have
               of
               them
               ,
               they
               are
               never
               content
               but
               would
               still
               have
               more
               .
               They
               are
               daily
               suing
               for
               new
               graces
               ,
               new
               grants
               :
               Thus
               they
               catch
               up
               all
               the
               vacancies
               ,
               and
               goe
               away
               with
               all
               .
            
             Hee
             speakes
             yet
             more
             of
             this
             point
             ,
             but
             this
             must
             suffice
             for
             the
             present
             .
          
           
           
             4
             See
             then
             a
             reason
             of
             great
             consequence
             for
             the
             lessening
             of
             their
             number
             :
             and
             indeed
             it
             was
             one
             of
             the
             petitions
             which
             were
             put
             up
             at
             the
             Councell
             of
             Constance
             by
             all
             the
             Nations
             of
             Christendome
             ,
             and
             and
             which
             was
             set
             in
             the
             fore-front
             ,
             
             
               Of
               the
               number
               ,
               quality
               ,
               and
               Countrey
               of
               the
               Lords
               Cardinals
               .
            
          
           
             5
             Vpon
             which
             Pope
             Martin
             tooke
             time
             to
             deliberate
             ;
             just
             so
             have
             his
             successours
             done
             ever
             hithertowards
             ;
             and
             for
             our
             Fathers
             of
             Trent
             ,
             it
             never
             troubles
             them
             .
          
        
      
       
         
         
         
           A
           REVIEW
           OF
           THE
           COVNCELL
           OF
           TRENT
           .
           BOOKE
           III.
           
        
         
           
             CHAP.
             I.
             Of
             the
             calling
             of
             Councels
             .
          
           
             WEE
             come
             now
             to
             the
             grievances
             which
             are
             found
             in
             the
             Decrees
             of
             this
             Councell
             (
             for
             as
             for
             the
             Canons
             ,
             
             wee
             meddle
             not
             with
             them
             )
             and
             observe
             in
             the
             first
             place
             ,
             that
             whereas
             former
             Councels
             ,
             at
             least
             such
             as
             were
             free
             and
             lawfully
             called
             ,
             have
             alwayes
             cowed
             the
             Popes
             power
             ,
             when
             it
             swelled
             into
             an
             excessive
             greatnesse
             ,
             this
             hath
             run
             quite
             counter
             to
             the
             r●st
             ,
             ascribing
             unto
             him
             a
             power
             truly
             soveraigne
             :
             For
             the
             Pope
             now
             adayes
             hath
             absolute
             authority
             over
             all
             things
             in
             the
             Christian
             world
             .
             The
             power
             both
             in
             temporals
             and
             spirituals
             is
             given
             unto
             him
             ,
             not
             only
             over
             Kings
             and
             Emperours
             ,
             but
             over
             Councels
             also
             :
             So
             that
             when
             he
             shall
             please
             to
             wrong
             any
             man
             ,
             there
             is
             no
             meanes
             left
             to
             resist
             him
             .
             Wee
             shall
             make
             this
             appeare
             so
             plaine
             ,
             that
             there
             shall
             bee
             no
             occasion
             of
             further
             doubting
             ,
             by
             setting
             downe
             here
             all
             the
             Decrees
             of
             the
             Councell
             which
             concerne
             this
             point
             .
          
           
             2
             First
             ,
             it
             is
             to
             bee
             observed
             that
             Pope
             Iulius
             the
             3
             ,
             in
             his
             Bull
             ,
             December
             the
             15
             ,
             1551
             ,
             ingrosseth
             to
             himselfe
             the
             sole
             right
             and
             authority
             of
             calling
             Councels
             .
             Wee
             (
             saith
             hee
             )
             
               to
               whom
               it
               belongs
               ,
               as
               being
               now
               P●p●
               ,
               to
               signifie
               
               and
               direct
               Generall
               Councels
               .
            
             
             This
             is
             the
             Bull
             wherein
             he
             signified
             the
             continuation
             of
             the
             Councell
             of
             Trent
             ,
             which
             is
             inserted
             amongst
             the
             Acts
             ●f
             it
             .
          
           
             3
             But
             this
             is
             not
             all
             yet
             :
             for
             after
             hee
             hath
             declared
             that
             he
             will
             bee
             president
             in
             the
             Councell
             ,
             for
             the
             further
             manifestation
             of
             his
             high
             and
             soveraigne
             power
             hee
             addes
             ,
             
               Ordaining
               neverthelesse
               that
               whatsoever
               any
               man
               ,
               by
               what
               authority
               soever
               ,
               shall
               attempt
               to
               the
               contrary
               ,
               whether
               he
               know
               of
               this
               or
               not
               ,
               shall
               be
               void
               and
               of
               no
               effect
               .
               Wherefore
               it
               shall
               not
               be
               lawfull
               for
               any
               man
               in
               the
               world
               to
               breake
               or
               infringe
               this
               present
               Act
               of
               our
               advice
               ,
               pleasure
               ,
               innovation
               ,
               and
               decrees
               ,
               or
               out
               of
               an
               audacious
               rashnesse
               to
               contradict
               it
               .
            
             All
             these
             brags
             and
             bravado's
             were
             approved
             by
             the
             Fathers
             of
             that
             Councell
             ;
             inasmuch
             as
             the
             Councell
             ,
             which
             had
             kept
             Holiday
             for
             full
             foure
             yeers
             ,
             and
             beene
             adjourned
             to
             Bononia
             by
             Paul
             the
             3
             ,
             was
             brought
             backe
             againe
             to
             Trent
             ,
             by
             virtue
             of
             this
             Bull
             ;
             so
             that
             the
             Bishops
             there
             obeyed
             the
             Pope
             sans
             contradiction
             .
          
           
             4
             So
             then
             hee
             challengeth
             the
             power
             of
             Convocation
             exclusively
             to
             all
             others
             ,
             wherein
             he
             is
             avowed
             by
             the
             Councell
             ;
             nay
             it
             is
             the
             Councell
             it selfe
             which
             gives
             him
             this
             prerogative
             :
             For
             after
             all
             the
             resolutions
             it
             made
             both
             about
             faith
             and
             discipline
             ,
             it
             addes
             ;
             
             
               If
               it
               so
               fall
               out
               that
               any
               thing
               herein
               contained
               ,
               stand
               in
               need
               of
               further
               declaration
               or
               determination
               ,
               besides
               other
               remedies
               appointed
               in
               this
               Councell
               ,
               the
               Holy
               Synod
               trusts
               that
               most
               blessed
               Bishop
               of
            
             Rome
             
               will
               take
               order
               that
               the
               necessities
               of
               the
               Provinces
               shall
               be
               provided
               for
               to
               Gods
               glory
               and
               the
               peace
               of
               the
               Church
               ;
               either
               by
               sending
               for
               such
               (
               out
               of
               those
               Provinces
               especially
               where
               such
               difficulty
               shall
               arise
               )
               as
               hee
               shall
               thinke
               fit
               to
               negotiate
               such
               a
               businesse
               ;
               or
               by
               holding
               a
               Generall
               Councell
               if
               hee
               thinke
               it
               necessary
               ;
               or
               any
               other
               more
               commodious
               way
               as
               hee
               thinks
               good
               .
            
          
           
             5
             As
             for
             the
             translation
             of
             the
             Councell
             to
             Bonony
             ,
             indeed
             the
             Cardinall
             
               de
               Monte
            
             ,
             President
             for
             the
             Pope
             ,
             did
             the
             Councell
             the
             honour
             to
             let
             them
             consult
             about
             it
             the
             10
             of
             March
             ,
             1547
             ,
             as
             appeares
             by
             the
             8
             Session
             :
             But
             this
             was
             after
             an
             absolute
             and
             peremptory
             injunction
             ,
             whi●h
             ●he
             same
             Pope
             had
             formerly
             made
             ,
             as
             appeares
             in
             his
             Bull
             set
             out
             in
             Mar●h
             ,
             1544.
             
             Where
             he
             speaks
             in
             this
             manner
             ;
             
               Of
               our
               ●wn
               proper
               motion
               ,
               certaine
               kn●●ledge
               ,
               and
               full
               power
               Apostolicall
               ,
               with
               advice
               and
               consent
               correspondent
               ,
               wee
               give
               you
               full
               and
               absolute
               power
               by
               authority
               Apostolique
               ,
               by
               the
               tenure
               of
               these
               Presents
            
             (
             hee
             speaks
             to
             his
             Legats
             )
             
               to
               transferre
               and
               remove
               the
               said
               Councell
               from
            
             Trent
             
               to
               some
               such
               other
               City
               ,
               as
               you
               shall
               thinke
               fit
               ;
               and
               to
               suppresse
               and
               dissolve
               it
               in
               the
               said
               City
               of
            
             Trent
             ;
             
               and
               to
               prohibite
               the
               Prelates
               and
               other
               persons
               of
               the
               said
               Councell
               to
               proceed
               any
               further
               at
               the
               said
            
             Trent
             ,
             
               upon
               paine
               of
               Ecclesiasticall
               censures
               and
               punishments
               ;
               and
               to
               cite
               the
               said
               Pr●lates
               ,
               and
               other
               persons
               of
               the
               Councell
               unto
               that
               city
               whither
               it
               shall
               bee
               transferred
               ,
               upon
               paine
               of
               perjury
               ,
               and
               other
               punishments
               expressed
               in
               the
               letters
               of
               Convocation
               .
            
          
           
             6
             See
             here
             ,
             good
             weighty
             words
             which
             in
             a
             most
             extraordinary
             way
             doe
             crush
             the
             authority
             of
             the
             Councell
             ,
             yea
             even
             inslave
             and
             subject
             it
             to
             the
             Pope
             .
             And
             yet
             the
             Councell
             is
             so
             farre
             from
             complaining
             ,
             that
             on
             the
             contrary
             it
             professeth
             that
             it
             consented
             to
             this
             translation
             ,
             in
             consideration
             that
             it
             was
             done
             by
             the
             Popes
             command
             :
             For
             hearke
             how
             they
             speake
             of
             it
             in
             the
             beginning
             of
             the
             ninth
             Session
             holden
             the
             21
             of
             Aprile
             1548
             ;
             
               This
               holy
               Oecumenicall
               Councell
               ,
               &c.
               considering
               that
               upon
               the
            
             11
             
               of
               March
               this
               present
               yeere
               ,
               in
               a
               generall
               publique
               Session
               holden
               in
               the
               said
               city
               of
            
             Trent
             ,
             
               at
               the
               accustomed
               place
               ,
               all
               things
               requisite
               to
               bee
               done
               being
               first
               done
               after
               the
               usuall
               fashion
               ,
               upon
               some
               earnest
               ,
               urgent
               and
               lawfull
               reasons
               ,
               and
               by
               the
               intervening
               authority
               of
               the
               Holy
               Apostolique
               See
               ,
               granted
               in
               speciall
               manner
               to
               the
               said
               right
               Reverend
               Presidents
               ,
               decreed
               and
               ordained
               ,
               &c.
               
            
             They
             expresse
             it
             as
             well
             as
             they
             can
             ,
             for
             feare
             least
             some
             body
             should
             bee
             so
             farre
             mistaken
             ,
             as
             to
             thinke
             the
             translation
             was
             made
             upon
             the
             Councels
             owne
             motion
             ;
             to
             the
             prejudice
             
             of
             the
             Popes
             authority
             ;
             for
             they
             would
             have
             taken
             that
             in
             dudgeon
             .
             
          
           
             7
             Let
             us
             now
             see
             whether
             the
             Pope
             challengeth
             this
             right●
             which
             is
             confirmed
             unto
             him
             by
             this
             Councell
             ,
             by
             usurpation
             onely
             ,
             or
             whether
             it
             doe
             indeed
             justly
             belong
             unto
             him
             .
             If
             wee
             will
             take
             the
             Popes
             own
             word
             for
             it
             ,
             the
             question
             will
             bee
             quickly
             decided
             ;
             for
             they
             affirme
             that
             to
             make
             such
             a
             Convocation
             belongs
             to
             none
             but
             them
             .
             
             Their
             Doctours
             and
             Disciples
             have
             so
             fortified
             this
             proposition
             ,
             that
             they
             have
             stopped
             all
             passages
             ,
             and
             not
             left
             so
             much
             as
             one
             hole
             open
             ,
             wherby
             there
             is
             any
             possibility
             of
             surprizing
             it
             .
             Some
             few
             have
             beene
             so
             reasonable
             as
             that
             they
             have
             made
             some
             exceptions
             ;
             as
             in
             case
             the
             Pope
             refuse
             to
             call
             the
             Councell
             ,
             or
             in
             case
             he
             be
             an
             heretique
             ,
             or
             in
             case
             the
             question
             be
             about
             some
             fact
             of
             his
             owne
             ,
             or
             about
             his
             condemnation
             :
             Some
             are
             of
             opinion
             that
             then
             the
             Emperour
             is
             to
             undertake
             it
             ;
             others
             ,
             that
             it
             belongs
             to
             the
             Cardinals
             ;
             others
             ,
             to
             the
             Councell
             .
             But
             those
             who
             were
             more
             deeply
             ingaged
             ,
             or
             spurred
             on
             by
             fairer
             hopes
             and
             goodly
             benefices
             ,
             doe
             not
             leave
             ought
             open
             ,
             not
             one
             chinke
             ;
             yea
             they
             come
             so
             farre
             as
             to
             say
             that
             those
             Councels
             which
             were
             not
             called
             by
             the
             Pope
             are
             bastards
             ,
             &
             illegitimate
             ,
             void
             and
             of
             no
             effect
             :
             condemning
             by
             this
             opinion
             those
             foure
             Generall
             Councels
             which
             Gregory
             the
             Great
             did
             reverence
             as
             the
             foure
             Gospels
             ;
             besides
             ,
             a
             great
             many
             more
             which
             w●re
             either
             holden
             without
             the
             Pope
             ,
             or
             at
             least
             which
             were
             not
             of
             his
             calling
             ,
             or
             where
             he
             was
             not
             President
             .
          
           
             8
             True
             it
             is
             ,
             that
             some
             others
             which
             are
             more
             subtle
             ,
             to
             wave
             this
             objection
             put
             in
             this
             alternative
             [
             
               Or
               consented
               unto
               ,
               and
               approved
               by
               him
            
             ]
             whereby
             they
             give
             us
             to
             understand
             ,
             that
             without
             this
             approbation
             all
             those
             ancient
             Councels
             should
             be
             either
             hereticall
             or
             without
             effect
             ;
             alwayes
             putting
             the
             Popes
             authority
             above
             a
             Councels
             .
             I
             know
             very
             well
             that
             all
             learned
             men
             and
             truely
             religious
             soules
             doe
             abhorre
             this
             :
             But
             seeing
             our
             Sophisters
             nowadayes
             doe
             here
             bring
             their
             owne
             dreames
             and
             fancies
             to
             make
             a
             cleare
             cas●
             seeme
             doubtfull
             ;
             and
             seeing
             they
             cannot
             deny
             but
             the
             Emperours
             called
             those
             Councels
             ,
             they
             runne
             to
             the
             Popes
             consent
             or
             authority
             ,
             maintaining
             that
             it
             was
             ever
             interposed
             .
             I
             shall
             prove
             the
             contrary
             by
             the
             Acts
             of
             ancient
             Councels●
             by
             the
             testimonie
             of
             Histories
             ,
             and
             by
             the
             Popes
             owne
             confessions
             ,
             or
             their
             Decrees
             .
          
           
             9
             The
             Councell
             of
             Nice
             was
             called
             by
             the
             Emperour
             Constantine
             ,
             
             by
             virtue
             of
             his
             Edict
             ;
             as
             is
             set
             downe
             in
             the
             beginning
             of
             the
             Acts
             thereof
             ,
             Chapter
             the
             5●
             
               The
               Emperour
               seeing
               there
               was
               some
               trouble
               in
               the
               Church
               ,
               called
               a
               Generall
               Councell
               ,
               exhorting
               by
               his
               letters
               all
               Bishops
               to
               repaire
               unto
            
             Nice
             ,
             
               a
               City
               of
            
             Bithynia
             :
             The
             same
             is
             affirmed
             by
             
               Eusebi●●
               ,
               Theodoret
               ,
               Socrates
               ,
               Zonaras
               ,
               Ruffin
            
             and
             many
             others
             .
             Whence
             wee
             discover
             his
             forgery
             that
             framed
             the
             Epilogue
             of
             the
             second
             Councell
             of
             
               Rome
               ;
               In
               the
               time
            
             (
             saith
             he
             )
             
               of
               Pope
            
             Sylvester
             and
             Constantine
             
               the
               Emperour
               ,
               there
               was
               a
               great
               Councell
               holden
               at
            
             Nice
             in
             Bithynia
             ,
             
               where
               three
               hundred
               and
               eighteen
               Catholique
               Bishops
               were
               regularly
               assembled
               by
               the
               call
               and
               command
               of
               Pope
            
             Sylvester
             .
             If
             this
             bee
             true●
             the
             Acts
             of
             that
             Councell
             are
             false
             ,
             and
             so
             many
             ancient
             Authours
             all
             lyars
             which
             ascribe
             the
             Convocation
             of
             it
             to
             Constantine
             .
          
           
             10
             And
             yet
             this
             goodly
             Epilogue
             is
             foisted
             in
             among
             the
             Councels
             ,
             as
             if
             it
             were
             an
             ancient
             piece
             ,
             whereas
             the
             authour
             of
             it
             is
             but
             a
             modern
             man
             :
             for
             he
             hath
             inlarged
             Isidores
             prefaces
             ,
             putting
             in
             many
             things
             of
             his
             owne
             head●
             as
             in
             that
             of
             the
             Councell
             of
             Ephesus
             :
             For
             Isidore
             having
             said
             simply
             ,
             
               At
               which
               Councell
               the
               most
               happy
            
             Cyril
             
               Bishop
               of
            
             Alexandria
             
               was
               president
            
             :
             This
             fellow
             puts
             in
             of
             his
             owne
             ,
             
               Instead
               of
               Pope
            
             Celestine
             :
             Which
             is
             detected
             by
             comparing
             Isidores
             Decree
             printed
             at
             
               Paris
               ann
            
             .
             1524
             ,
             and
             1537
             ,
             with
             the
             collection
             of
             Generall
             Councels
             printed
             at
             
               Cullen
               ann
            
             .
             1537
             ,
             and
             1551.
             
             Bellarmine
             gives
             us
             ground
             enough
             to
             know
             it
             also
             ,
             inasmuch
             as
             he
             never
             maketh
             use
             of
             it
             .
             It
             is
             true
             ,
             he
             maintaines
             that
             that
             Councell
             was
             called
             by
             the
             Popes
             consent
             :
             
             which
             he
             strives
             to
             prove
             by
             the
             testimony
             of
             the
             Pope
             himselfe
             ,
             
             namely
             of
             Damasus
             in
             his
             pontificale
             .
             Wherein
             he
             behaves
             himselfe
             so
             mildely
             ,
             that
             he
             may
             justly
             bee
             accused
             of
             prevarication
             ,
             seeing
             that
             some
             copies
             have
             it
             praecepto
             ,
             and
             not
             consensu
             :
             so
             that
             he
             might
             maintaine
             by
             the
             authority
             of
             Damasus
             ,
             that
             Constantine
             called
             it
             by
             the
             Popes
             command
             :
             But
             seeing
             hee
             is
             not
             willing
             to
             undertake
             so
             much
             ,
             let
             us
             rest
             content
             with
             what
             hee
             proposeth
             vs
          
           
             11
             The
             Nicene
             Councell
             (
             saith
             Damasus
             )
             
               was
               holden
               in
            
             Sylvesters
             
               time
               with
               his
               consent
            
             .
             So
             was
             it
             with
             the
             consent
             of
             other
             Bishops
             either
             tacite
             or
             expresse
             .
             But
             if
             Bellarmin
             will
             referre
             this
             to
             such
             a
             consent
             as
             was
             necessary
             for
             the
             calling
             ,
             hee
             had
             need
             of
             another
             proofe
             .
             Hee
             hath
             recourse
             unto
             the
             Acts
             of
             the
             sixth
             Generall
             Councell
             holden
             at
             Constantinople
             ,
             where
             it
             is
             said
             in
             the
             tenth
             action
             ,
             That
             Constantine
             
               the
               Emperour
               and
               Pope
            
             Sylvester
             
               assembled
               the
            
             Nicene
             Synod
             .
             But
             these
             words
             which
             are
             spoken
             only
             upon
             the
             by
             ,
             and
             by
             some
             men
             which
             treat
             about
             another
             matter
             ,
             ought
             not
             to
             have
             more
             force
             than
             the
             authority
             of
             so
             many
             Historians
             ,
             some
             of
             which
             lived
             at
             the
             same
             time
             ;
             yea
             than
             the
             very
             Acts
             of
             the
             Councell
             it selfe
             ,
             where
             it
             is
             plainely
             said
             that
             it
             was
             called
             by
             Constantine
             ,
             without
             any
             mention
             of
             Sylvester
             .
             The
             testimony
             of
             Ruffin
             will
             not
             availe
             him
             ought
             ,
             when
             hee
             saith
             that
             Constantine
             called
             it
             by
             the
             advice
             of
             the
             Clergy
             :
             for
             suppose
             the
             Pope
             gave
             his
             advice
             amongst
             the
             rest
             ,
             yet
             for
             all
             that
             there
             is
             nothing
             that
             concernes
             him
             in
             particular
             ;
             and
             to
             limit
             those
             words
             to
             the
             Popes
             advice
             alone
             ,
             were
             to
             make
             that
             authour
             speake
             what
             hee
             never
             thought
             ;
             they
             should
             rather
             bee
             referred
             to
             the
             Bishop
             of
             Alexandria
             ,
             who
             entreated
             of
             the
             Emperour
             ,
             and
             obtained
             the
             calling
             of
             that
             Councell
             ,
             as
             Epiphanius
             witnesseth
             .
          
           
             
             12
             The
             second
             Generall
             Councell
             was
             called
             by
             Theodosius
             in
             the
             City
             of
             
               Constantinople
               :
               Being
               come
               to
               the
               Empire
            
             (
             saith
             Theodoret
             ,
             speaking
             of
             him
             )
             
               hee
               purposed
               in
               his
               minde
               above
               all
               things
               to
               provide
               for
               the
               unity
               of
               the
               Church
               ,
               and
               to
               that
               end
               commanded
               all
               Bishops
               ,
               of
               what
               Bishoprique
               soever
               ,
               to
               repaire
               to
            
             Constantinople
             .
             The
             letters
             of
             that
             Councell
             written
             to
             the
             same
             Emperour
             are
             sufficient
             proofe
             hereof
             ;
             for
             after
             they
             have
             thanked
             God
             for
             giving
             them
             Theodosius
             for
             their
             Emperour
             ,
             they
             adde
             ,
             
               Since
               the
               time
               of
               our
               assembly
               at
            
             Constantinople
             
               by
               your
               command
               &c.
            
             
             And
             afterwards
             follow
             the
             Canons
             of
             the
             Councel
             ,
             with
             this
             inscription
             ,
             
             
               These
               are
               the
               things
               which
               were
               decreed
               by
               the
               Bishops
               that
               came
               to
            
             Constantinople
             
               out
               of
               divers
               Co●ntries
               ,
               being
               called
               thither
               by
            
             Theodosius
             
               ●he
               Emperour
               .
               Zonaras
            
             confirmes
             it
             ,
             
               By
               the
               Emperours
               command
            
             (
             saith
             hee
             )
             
               was
               the
               second
               Councell
               proclaimed
               ,
               and
               the
               holy
               Fathers
               assembled
               at
            
             Constantinople
             ,
             &c.
             
          
           
             13
             In
             all
             these
             places
             there
             is
             no
             talking
             of
             the
             Popes
             consent
             .
             Bellarmine
             opposeth
             the
             letters
             which
             the
             Fathers
             of
             this
             Councel
             have
             writ
             to
             Pope
             Damasus
             ,
             where
             they
             say
             themselves
             that
             they
             were
             assembled
             at
             Constantinople
             ,
             by
             command
             of
             those
             letters
             which
             hee
             sent
             to
             the
             Emperour
             :
             but
             for
             this
             point
             hee
             hath
             not
             well
             understood
             it
             .
             Wee
             shall
             make
             it
             appeare
             by
             the
             very
             text
             of
             that
             Epistle
             ,
             how
             the
             sense
             which
             hee
             puts
             upon
             it
             ,
             is
             farre
             from
             the
             words
             and
             contrary
             to
             the
             truth
             .
             First
             see
             here
             the
             inscription
             of
             it
             ,
             
               To
               our
               most
               honoured
               Lords
               ,
               most
               reverend
               and
               most
               devout
               Fathers
               and
               associats
               ,
            
             Damasus
             ,
             Ambrose
             ,
             Britton
             ,
             Valerian
             ,
             Ascholius
             ,
             Anemius
             ,
             Basil
             ,
             
               and
               other
               holy
               Bishops
               assembled
               in
               the
               great
               City
            
             Rome
             ,
             
               the
               holy
               Senate
               of
               Orthodoxe
               Bishops
               assembled
               in
               the
               great
               City
            
             Constantinople
             ,
             
               send
               greeting
               in
               the
               Lord
            
             ,
             And
             a
             little
             after
             the
             beginning
             of
             the
             Epistle
             ,
             it
             is
             said
             ,
             
               But
               after
               that
               you
               ,
               proceeding
               by
               the
               will
               of
               God
               ,
               to
               the
               calling
               of
               the
               Synod
               of
            
             Rome
             ,
             
               of
               your
               brotherly
               charity
               called
               us
               thither
               as
               your
               fellow
               members
               ,
               by
               virtue
               of
               the
               letters
               of
               the
               most
               devout
               Emperour
               ,
               that
               wee
               alone
               having
               endured
               the
               afflictions
               ,
               you
               might
               not
               now
               r●igne
               without
               us
               under
               the
               peace
               of
               th●
               most
               pious
               Emp●rour
               ,
               but
               receive
               us
               
               rather
               into
               the
               society
               of
               such
               a
               Kingdome●
               according
               to
               the
               word
               of
               the
               Apostl●
               ,
            
             
             
               wee
               have
               all
               earnestly
               desir●d
               (
               if
               it
               were
               possible
               )
               to
               apply
               our selves
               to
               your
               d●sire
               ,
               or
               rather
               to
               the
               present
               exigency
               ,
               leaving
               our
               owne
               Churches
               ;
               but
               considering
               how
               by
               this
               meanes
               those
               that
               were
               restored
               againe
               would
               be
               abandoned
               ,
               and
               many
               of
               us
               could
               not
               doe
               it
               ,
               by
               reason
               that
               wee
               resorted
               to
            
             Constantinopl●
             ,
             
               upon
               those
               letters
               sent
               the
               last
               yeare
               ,
               by
               your
               Reverences
               ,
               to
               the
               most
               holy
               Emperour
            
             Theodosius
             ,
             
               after
               the
               holding
               the
               Councell
               of
               Aquil●ia
               ,
            
             &c.
             
               for
               this
               reason
               and
               others
               such
               like
               ,
               seeing
               wee
               cannot
               all
               come
               ,
               wee
               have
               intreated
               our
               brethren
               and
               companions
            
             Syriacus
             ,
             Eusebius
             and
             Priscian
             
               Bishops
               ,
               to
               take
               so
               much
               paines
               as
               to
               come
               unto
               you
               ,
               to
               let
               you
               understand
               the
               desire
               wee
               have
               of
               the
               union
               .
            
             This
             Epistle
             is
             extant
             at
             large
             ,
             in
             Theodoret
             ,
             
             and
             the
             Acts
             of
             the
             Councell
             of
             Constantinople
             .
          
           
             14
             Now
             wee
             must
             observe
             divers
             thing●
             which
             will
             serve
             us
             for
             an
             answer
             .
             First
             ,
             that
             these
             letters
             of
             the
             Synod
             of
             Constantinople
             are
             not
             directed
             to
             the
             Pope
             alone
             ,
             but
             to
             the
             whole
             Councell
             assembled
             at
             Rome
             ,
             as
             is
             plaine
             from
             the
             inscription
             and
             tenure
             of
             them
             .
             Secondly
             ,
             that
             those
             other
             letters
             which
             they
             mention
             ,
             were
             not
             sent
             by
             Pope
             Damasus
             to
             the
             Emperour
             Theodosiu●
             (
             as
             Bellarmine
             would
             have
             it
             )
             but
             by
             the
             Councell
             of
             Aquil●ia
             ,
             where
             the
             Pope
             was
             not
             present
             .
             Thirdly
             ,
             that
             by
             those
             letters
             they
             neither
             enjoyne
             nor
             command
             the
             calling
             of
             a
             Councell
             ,
             as
             he
             dreames
             ,
             but
             only
             they
             acquaint
             the
             Emperour
             Theodosius
             ,
             as
             also
             the
             Emperours
             Gratia●
             and
             Valentinian
             ,
             with
             the
             resolution
             which
             they
             had
             taken
             in
             their
             Councell
             ,
             about
             condemning
             the
             doctrine
             of
             two
             old
             men
             Palladius
             and
             Secundianus
             ,
             and
             some
             othe●
             points
             .
             It
             is
             very
             true
             that
             they
             intreat
             them
             to
             cause
             them
             proceed
             to
             judgement
             and
             condemnation
             of
             them
             ,
             and
             some
             other
             of
             the
             same
             sect
             ,
             which
             gave
             occasion
             to
             the
             Emperour
             Theodosius
             to
             call
             the
             Councell
             of
             Constantinople
             .
          
           
             15
             For
             full
             proofe
             of
             all
             this
             ,
             you
             need
             but
             read
             it
             in
             the
             letters
             which
             the
             Councell
             of
             Aquileia
             sent
             to
             the
             said
             Emperours
             ;
             
             the
             inscription
             whereof
             is
             this
             .
             
               To
               the
               most
               milde
               Christian
               Emper●urs
               ,
               and
               most
               happy
               Princes
               ,
            
             Gratian
             ,
             Valentinian
             and
             Theodosius
             ,
             
               the
               holy
               Councell
               assembled
               at
            
             Aquileia
             
               sendeth
               greeting
            
             .
             After
             the
             narration
             of
             the
             proceedings
             therein
             ,
             and
             the
             designes
             which
             the
             Arrian
             Bishops
             had
             there
             ,
             they
             say
             in
             fine
             ,
             
               We
               doe
               abhorre
               (
               most
               milde
               Princes
               )
               such
               execrable
               sacriledges
               ,
               and
               such
               wicked
               doctrines
               ;
               and
               to
               the
               end
               that
               they
               may
               deceive
               people
               no
               more
               ,
               wee
               have
               thought
               good
               that
               they
               bee
               degraded
               from
               their
               Priesthood
               ,
               and
               beseech
               your
               majesties
               to
               cause
               such
               patrons
               of
               impiety
               be
               driven
               out
               of
               the
               Church
               ,
               and
               make
               them
               be
               summoned
               befor●
               competent
               Iudges
               .
            
             They
             further
             intreat
             them
             to
             hinder
             and
             forbid
             the
             followers
             of
             Photius
             from
             making
             of
             assemblies
             .
          
           
             16
             Any
             man
             may
             now
             judge
             whether
             these
             letters
             containe
             any
             command
             to
             the
             Emperour
             for
             calling
             a
             Councell
             ,
             and
             whether
             the
             Pope
             made
             any
             such
             command
             ,
             who
             was
             not
             present
             in
             that
             Councell
             ,
             neither
             in
             person
             nor
             by
             proxie
             .
             Bellarmine
             hath
             taken
             up
             the
             errour
             of
             one
             of
             the
             Latine
             translators
             of
             Theodoret
             who
             renders
             these
             words
             [
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ]
             
               mandat●
               vestrarum
               literarum
            
             ,
             [
             
               by
               command
               of
               your
               letters
            
             ]
             in
             stead
             of
             ,
             
               per
               vestras
               literas
            
             ,
             [
             
               by
               reason
               of
               your
               letters
            
             ]
             in
             asmuch
             as
             these
             letters
             gave
             occasion
             to
             the
             Emperour
             Theodosius
             to
             call
             the
             Councell
             of
             Constantinople
             ,
             bu●
             not
             by
             the
             Popes
             command
             :
             Yea
             the
             Councell
             of
             Constantinople
             was
             so
             farre
             from
             being
             called
             by
             the
             Emperour
             upon
             the
             Popes
             command
             ,
             that
             on
             the
             contrary
             the
             Pope
             summons
             the
             Easterne
             Bishops
             to
             the
             Councell
             of
             Ro●●
             ,
             by
             virtue
             of
             the
             Emperours
             letters
             ,
             as
             the
             forecited
             letters
             of
             the
             Councell
             of
             Constantinopl●
             runne
             .
          
           
             17
             Bellarmine
             brings
             also
             the
             authority
             of
             the
             sixth
             General
             Cou●●ell
             but
             ,
             under
             correction
             ,
             hee
             hath
             foisted
             in
             a
             little
             too
             much
             of
             his
             owne
             ;
             ●or
             it
             is
             
             said
             simply
             ,
             
             Macedonius
             
               denyed
               the
               divinity
               of
               the
               Holy
               Ghost
               ,
               but
            
             Theodosius
             and
             Damasus
             
               opposed
               him
               stoutly●
               Bellarmine
            
             addes
             ,
             
               by
               the
               second
               Synod
            
             .
             Hee
             might
             well
             have
             opposed
             him
             before
             the
             Synod
             ,
             yea
             ,
             in
             the
             Synod
             ,
             by
             meanes
             of
             his
             Legats
             ,
             as
             some
             other
             Bishops
             did
             ;
             hee
             is
             named
             onely
             as
             the
             foreman
             of
             them
             ;
             but
             it
             followes
             not
             ,
             therefore
             that
             the
             Councell
             was
             called
             by
             him
             or
             by
             his
             authority
             .
          
           
             18
             The
             third
             Generall
             Councell
             was
             called
             at
             Ephesus
             by
             the
             Emperour
             Theodosius
             :
             the
             Historians
             that
             speak
             of
             it
             make
             no
             mention
             at
             all
             of
             the
             Popes
             consent
             .
             I
             will
             set
             downe
             the
             places
             ,
             
             
               The
               Bishops
            
             (
             saith
             Socrates
             )
             
               came
               together
               from
               all
               parts
               ,
               and
               met
               at
            
             Ephesus
             
               by
               the
               Emperours
               command
            
             .
             Nestorius
             (
             saith
             Evagrius
             )
             
               would
               not
               submit
               to
               the
               advise
               of
            
             Cyrill
             and
             Celestine
             
               Bishops
               of
               old
            
             Rome
             ,
             
             
               but
               belched
               out
               his
               venome
               against
               the
               Church
               ,
               and
               demanded
               that
               a
               Councell
               might
               be
               assembled
               at
            
             Ephesus
             
               by
               the
               authority
               of
            
             Theodosius
             
               the
               younger
               ,
               who
               at
               that
               time
               governed
               the
               Easterne
               Empire
            
             :
             Wherfore
             letter●
             
               were
               dispatcht
               from
               the
               Emperour
               unto
            
             Cyrill
             
               and
               the
               rest
               of
               the
               Bishops
               .
            
          
           
             
             19
             Theodosius
             (
             saith
             Nicephorus
             )
             
               commanded
               by
               his
               letters
               Imperiall
               the
               Bishops
               of
               all
               places
               to
               come
               to
            
             Ephesus
             ,
             
               setting
               them
               a
               day
               against
               the
               feast
               of
               Pentecost
               .
            
             This
             Councell
             of
             Ephesus
             put
             this
             inscription
             to
             a
             letter
             written
             to
             the
             Synod
             of
             
               Pamphylia
               ,
               The
               holy
               Synod
               assembled
               at
            
             Ephesus
             
               by
               the
               grace
               of
               God
               and
               good
               pleasure
               of
               the
               most
               devout
               Kings
               ,
               to
               the
               holy
               Synod
               of
            
             Pamphylia
             ,
             greeting
             .
             
             And
             in
             another
             Act
             afterwards
             .
             
               The
               Synod
               by
               the
               grace
               of
               God
               ,
               and
               by
               virtue
               of
               the
               Edict
               of
               our
               most
               devout
               Kings
               ,
               lovers
               of
               Christ
               ,
               assembled
               in
               the
               Metropolitan
               City
               of
            
             Ephesus
             ,
             &c.
             
             The
             Kings
             which
             these
             Acts
             speak
             of
             are
             the
             Emperours
             Theodosius
             and
             Valentinian
             .
          
           
             20
             But
             there
             is
             no
             need
             of
             these
             authorities
             ,
             considering
             that
             wee
             have
             the
             Acts
             of
             that
             Councell
             yet
             extant
             ,
             which
             may
             cleare
             the
             doubt
             that
             might
             bee
             raised
             .
             If
             there
             be
             one
             single
             word
             in
             them
             whence
             it
             may
             appeare
             that
             Theodosius
             required
             ●ope
             Celestines
             consent
             to
             the
             calling
             of
             that
             Councell
             ,
             then
             Bellarmi●e
             shall
             win
             the
             day
             ;
             but
             withall
             if
             there
             bee
             nothing
             spoken
             of
             it
             ,
             however
             the
             Acts
             are
             very
             large
             ,
             he
             shall
             give
             us
             leave
             not
             to
             beleeve
             it
             .
             Those
             Acts
             speak
             in
             diverse
             places
             of
             the
             convocation
             ,
             but
             so
             as
             it
             is
             alwayes
             ascribed
             to
             the
             Emperours
             Theodosius
             and
             Valentinian
             without
             any
             mention
             of
             the
             Pope
             .
          
           
             21
             The
             25
             Chapter
             of
             the
             first
             Tome
             containes
             letters
             of
             the
             same
             Emperours
             sent
             unto
             Cyrill
             to
             command
             him
             to
             come
             ,
             but
             no
             newes
             of
             the
             Pope
             .
             In
             the
             first
             Chapter
             of
             the
             second
             Tome
             ,
             it
             is
             said
             ,
             
               The
               Synod
               wa
               assembled
               in
               the
               Metropolitan
               City
               of
            
             Ephesus
             ,
             
               by
               virtue
               of
               the
               Emperours
               Decree
               :
            
             Not
             a
             word
             of
             the
             Pope
             .
             In
             the
             same
             Chapter
             it
             is
             commanded
             ,
             
               Let
               the
               Edict
               which
               was
               sent
               by
               the
               most
               pious
               and
               most
               Christian
               Emperours
               be
               read
               ,
               and
               give
               light
               like
               a
               torch
               unto
               such
               things
               as
               wee
               now
               beginne
               to
               treat
               of
               .
            
             The
             17
             Chapter
             of
             the
             second
             Tome
             containes
             those
             letters
             which
             the
             Fathers
             of
             that
             Councell
             writ
             unto
             the
             said
             Emperours
             ,
             whereby
             they
             certifie
             them
             of
             the
             comming
             of
             the
             Popes
             Legats
             ;
             and
             mentioning
             the
             Councell
             they
             adde
             ,
             
               Which
               your
               majesties
               commanded
               to
               meet
               at
            
             Ephesus
             .
             In
             the
             18
             Chapter
             of
             the
             second
             Tome
             Cyrill
             saith
             ,
             in
             an
             Epistle
             of
             his
             to
             certaine
             Bishops
             ,
             
               The
               time
               for
               holding
               the
               Synod
               was
               appointed
               by
               the
               most
               devout
               Emperours
               ,
               to
               bee
               upon
               the
               day
               of
               Pentecost
               ;
               so
               did
               their
               first
               letters
               ,
               by
               which
               wee
               are
               summoned
               thither
               ,
               command
               .
            
             The
             19
             Chapter
             of
             the
             same
             Tome
             containes
             a
             certaine
             writing
             of
             the
             Clergy
             of
             Constantinople
             ,
             which
             beginnes
             thus
             ;
             
               The
               sacred
               Synod
               assembled
               at
            
             Ephesus
             
               by
               virtue
               of
               the
               Edict
               of
               the
               most
               devout
               ,
               and
               most
               Christian
               Emperours
               ,
               having
               found
               that
               the
               enemy
               of
               Christ
               continues
               obstinate
               in
               his
               perverse
               opinion
               ,
               hath
               deprived
               him
               of
               his
               orders
               ,
               and
               degraded
               him
               .
            
             There
             are
             many
             other
             places
             in
             those
             same
             Acts
             ,
             where
             that
             convocation
             is
             spoken
             of
             without
             ever
             ascribing
             it
             to
             the
             Pope
             ;
             nor
             part
             ,
             nor
             quart
             ,
             (
             as
             they
             say
             ,
             )
             and
             yet
             the
             contrary
             is
             debated
             amongst
             us
             .
          
           
           
             22
             But
             (
             saith
             Bellarmine
             )
             Cyrill
             was
             in
             that
             Councell
             as
             the
             Popes
             Legat
             ;
             
             a
             certaine
             argument
             that
             it
             was
             not
             called
             without
             his
             consent
             .
             We
             deny
             both
             the
             one
             and
             the
             other
             :
             For
             you
             must
             know
             that
             the
             Nestorian
             heresie
             was
             condemned
             in
             a
             Councell
             holden
             at
             Rome
             by
             Pope
             Celestine
             ;
             and
             forasmuch
             as
             Cyrill
             Patriarch
             of
             Alexandria
             ,
             the
             professed
             enemy
             of
             Nestorius
             Patriarch
             of
             Constantinople
             ,
             had
             formerly
             written
             unto
             Pope
             Celestine
             about
             it
             ;
             the
             said
             Celestine
             certified
             him
             of
             the
             resolution
             which
             had
             past
             upon
             it
             ,
             and
             intreated
             him
             withall
             that
             hee
             would
             be
             pleased
             in
             his
             stead
             ,
             to
             cause
             the
             sentence
             of
             the
             Synod
             of
             Rome
             to
             be
             put
             in
             execution
             .
          
           
             23
             All
             this
             was
             done
             before
             there
             was
             any
             speech
             of
             the
             Councell
             of
             Ephesus
             ,
             as
             i●
             plaine
             out
             of
             the
             letters
             of
             that
             Councell
             ,
             written
             to
             the
             Emperours
             ,
             the
             words
             are
             these
             ;
             Celestine
             
               the
               most
               holy
               Bishop
               of
               Great
            
             Rome
             ,
             
               had
               signified
               the
               judgement
               which
               was
               past
               by
               him
               and
               his
               before
               any
               Synod
               was
               assembled
               at
            
             Ephesus
             ,
             
               and
               intrusted
               in
               his
               stead
            
             Cyrill
             
               the
               most
               holy
               and
               religious
               Bishop
               of
            
             Alexandria
             ,
             
               with
               the
               putting
               of
               that
               in
               execution
               which
               was
               determined
               at
            
             Rome
             .
             So
             then
             hee
             was
             not
             sent
             by
             the
             Pope
             to
             supply
             his
             place
             at
             the
             Councell
             of
             Ephesus
             ,
             which
             is
             properly
             to
             bee
             a
             Legate
             .
             Nor
             had
             hee
             any
             expresse
             charge
             from
             the
             Pope
             to
             supply
             his
             place
             in
             that
             Councel
             ,
             for
             there
             is
             no
             mention
             at
             all
             of
             any
             such
             command
             .
             Wee
             conclude
             therefore
             that
             it
             cannot
             bee
             inferred
             from
             thence
             ,
             that
             there
             was
             any
             particular
             consent
             of
             the
             Pope
             in
             the
             calling
             of
             that
             Councell
             .
             Wee
             doe
             not
             yet
             meddle
             with
             the
             Presidency
             of
             Cyrill
             ,
             that
             we
             reserve
             for
             another
             place
             .
          
           
             14
             This
             notwithstanding
             Bellarmine
             urgeth
             some
             authours
             for
             proofe
             of
             his
             assertion
             ,
             namely
             
               Evagrius
               ,
               Photius
            
             ,
             and
             Celestine
             himselfe
             in
             his
             Epistle
             .
             They
             all
             say
             that
             Celestine
             by
             his
             letters
             did
             substitute
             Cyrill
             in
             his
             place
             .
             It
             is
             true
             ;
             but
             it
             is
             true
             withall
             ,
             that
             when
             those
             letters
             were
             written
             he
             spoke
             not
             of
             the
             Councell
             of
             Ephesus
             ,
             but
             of
             that
             of
             Alexandria
             ,
             which
             was
             holden
             by
             Cyrill
             .
             Besides
             ,
             the
             Pope
             sent
             his
             Legats
             to
             Ephesus
             ,
             in
             number
             three
             to
             supply
             his
             place
             ;
             which
             he
             would
             never
             have
             done
             if
             hee
             had
             taken
             Cyrill
             to
             have
             been
             there
             in
             his
             stead
             .
             It
             is
             true
             moreover
             ,
             that
             Cyrill
             ,
             who
             would
             have
             ●ad
             it
             so
             in
             opposition
             to
             Nestorius
             ,
             to
             gaine
             himselfe
             the
             more
             authority
             at
             Ephesus
             ,
             during
             the
             time
             of
             that
             Councell
             ,
             did
             serve
             himselfe
             of
             that
             substitution
             which
             had
             beene
             formerly
             granted
             unto
             him
             .
             But
             this
             makes
             nothing
             at
             all
             for
             the
             Popes
             consent
             to
             the
             calling
             of
             the
             Councell
             ,
             which
             is
             the
             point
             now
             in
             question
             .
          
           
             25
             Bellarmine
             flies
             to
             the
             authority
             of
             a
             Chronicler
             to
             prove
             the
             Popes
             consent
             .
             Prosper
             (
             saith
             he
             )
             
               shewes
               in
               his
               Chronicle
            
             ,
             
             
               that
               the
               Councell
               of
            
             Ephesus
             
               was
               holden
               by
               the
               industry
               of
            
             Cyrill
             ,
             
               and
               the
               authority
               of
            
             Celestine
             .
             Vnder
             correction
             hee
             never
             thought
             so
             ;
             The
             yeere
             431
             speaking
             of
             the
             heresie
             of
             Nest●rius
             ,
             who
             taught
             that
             our
             Saviour
             Christ
             was
             borne
             of
             the
             Virgin
             Mary
             ,
             not
             God●
             but
             meere
             man.
             
               This
               impiety
            
             (
             saith
             hee
             )
             
               was
               principally
               opposed
               by
               the
               industry
               of
            
             Cyrill
             
               Bishop
               of
            
             Alexandria
             ,
             
               and
               the
               authority
               of
               Pope
            
             Celestine
             .
             There
             is
             no
             mention
             of
             the
             Councell
             of
             Ephesus
             .
             But
             at
             the
             yeere
             434
             in
             these
             words
             ,
             
               The
               Synod
               being
               assembled
               at
            
             Ephesus
             ,
             
               of
               above
            
             200
             Bishops
             ,
             Nestorius
             
               was
               there
               condemned
               ,
               and
               that
               heresie
               which
               tooke
               the
               name
               from
               him
               .
            
             There
             is
             nothing
             there
             for
             the
             Popes
             consent
             .
             
             
               Martinus
               Polonus
            
             would
             have
             afforded
             him
             a
             more
             favourable
             testimony
             ,
             for
             hee
             saith
             that
             the
             Synod
             of
             Ephesus
             was
             assembled
             
               by
               the
               commandement
               of
               Pope
            
             Celestine
             and
             Theodosius
             
               the
               younger
            
             .
             But
             what
             can
             an
             upstart
             Historian
             ,
             who
             writ
             not
             till
             250
             yeeres
             afterwards
             ,
             testifie
             against
             so
             many
             Acts
             ?
             Bellarmine
             knew
             that
             well
             ●nough
             .
          
           
             26
             Nor
             doe
             wee
             finde
             that
             the
             Emperours
             Valentinian
             and
             Martian
             asked
             the
             consent
             of
             Pope
             Leo
             for
             the
             calling
             of
             the
             Councell
             of
             Chalcedon
             .
             
             In
             the
             first
             Act
             whereof
             it
             is
             said
             ,
             
               That
               a
               Synod
               was
               held
               in
            
             Chalcedon
             ,
             
               the
               Metropolitane
               
               of
            
             Bithinia
             ,
             
             
               by
               the
               Decree
               of
               the
               most
               devout
               and
               faithfull
               Emperours
               ,
            
             Valentinian
             and
             Martian
             .
             The
             Emperour
             Martian
             witnesseth
             as
             much
             himselfe
             in
             his
             constitution
             for
             the
             confirmation
             of
             the
             Councell
             ;
             
             For
             (
             saith
             he
             )
             
               whosoever
               dare
               call
               in
               question
               ,
               and
               publiquely
               dispute
               those
               things
               which
               have
               beene
               once
               judged
               and
               well
               determined
               ,
               hee
               wrongs
               the
               reverend
               Synod
               :
               forasmuch
               as
               those
               things
               which
               were
               agreed
               upon
               concerning
               the
               Christian
               faith
               ,
               by
               the
               Clergy
               assembled
               in
            
             Chalcedon
             ,
             
               by
               our
               command
               were
               determined
               according
               to
               Apostolicall
               expositions
               ,
               &c.
               
            
             And
             
               Martinus
               Polonus
            
             saith
             ,
             
               The
               fourth
               Synod
               of
            
             Chalcedon
             ,
             
               consisting
               of
               six
               hundred
               and
               thirty
               Bishops
               ,
               was
               holden
               by
               the
               industry
               of
               Pope
            
             Leo
             ,
             
               and
               the
               command
               of
               the
               Emperour
            
             Martian
             .
             No
             body
             denyes
             but
             that
             Councell
             was
             assembled
             by
             the
             industry
             of
             Leo
             ,
             who
             was
             a
             solliciter
             for
             it
             ;
             but
             those
             Emperours
             were
             so
             farre
             from
             desiring
             his
             authority
             and
             consent
             ,
             that
             on
             the
             contrary
             hee
             used
             earnest
             prayers
             to
             Theodosius
             for
             the
             obtaining
             of
             the
             Councell
             ;
             bestowing
             tears
             to
             that
             end
             ,
             which
             hee
             said
             were
             shed
             for
             his
             Clergy
             :
             using
             withall
             another
             mans
             favour
             in
             his
             suit
             .
          
           
             27
             After
             the
             death
             of
             
               Theodosius
               ,
               Valentinian
            
             and
             Martian
             were
             more
             favourable
             unto
             him
             :
             they
             granted
             him
             a
             Councell
             after
             they
             were
             petitioned
             by
             his
             Ambassadours
             .
             Martian
             writ
             a
             very
             honest
             letter
             unto
             him
             ,
             wherof
             Bellarmine
             now
             serves
             himself
             to
             prove
             that
             the
             Popes
             consent
             is
             requisite
             to
             the
             calling
             of
             Councels
             ,
             
             
               The
               Emperour
            
             (
             saith
             hee
             )
             
               intreats
               the
               Pope
               to
               come
               and
               hold
               the
               Councell
               .
            
             There
             is
             no
             such
             intreaty
             ,
             but
             only
             these
             words
             ,
             
               It
               remaines
               ,
               that
               ,
               if
               it
               please
               your
               Holynesse
               to
               come
               into
               those
               parts
               to
               celebrate
               the
               Councell
               ,
               you
               would
               be
               pleased
               to
               doe
               so
               out
               of
               religious
               affection
               .
            
             The
             Pope
             by
             his
             letters
             ,
             and
             by
             his
             Legats
             desired
             two
             things
             ;
             that
             a
             Councell
             might
             be
             kept
             ,
             and
             that
             it
             might
             bee
             in
             Italy
             :
             the
             first
             he
             obtained
             ,
             the
             second
             was
             denyed
             him
             .
             True
             it
             is
             that
             Martian
             qualified
             the
             denyall
             with
             faire
             words
             ,
             as
             that
             ,
             
               If
               hee
               would
               not
               be
               present
               at
               it
               ,
               hee
               would
               tell
               them
               so
               ,
               to
               the
               end
               that
               they
               might
               call
               the
               Bishops
               unto
               that
               place
               which
               should
               be
               pitcht
               upon
               ,
               to
               provide
               for
               the
               Christian
               religion
               ,
               and
               the
               Catholique
               faith
               ,
               by
               their
               decision
               ;
               as
               your
               Holynesse
               shall
               determine
               according
               to
               Ecclesiasticall
               constitutions
               .
            
             I
             finde
             no
             other
             consent
             to
             the
             calling
             of
             it
             ,
             but
             such
             as
             stands
             with
             a
             petitioner
             .
             Indeed
             seeing
             he
             desired
             it
             ,
             and
             that
             in
             such
             manner
             as
             we
             have
             said
             ,
             it
             follows
             that
             he
             consented
             unto
             it
             ;
             but
             diverse
             other
             Bishops
             have
             the
             same
             plea
             that
             he
             hath
             ,
             in
             asmuch
             as
             divers
             times
             they
             became
             petitioners
             to
             the
             Emperours
             for
             the
             holding
             of
             Councels
             .
          
           
             28
             Bellarmine
             urgeth
             a
             letter
             written
             by
             certaine
             Bishops
             of
             Bursia
             ,
             wherin
             they
             say
             ,
             
               That
               many
               holy
               Bishops
               are
               assembled
               in
            
             Chalcedon
             ,
             
               by
               the
               command
               of
               Pope
            
             Leo.
             But
             it
             is
             a
             hard
             case
             that
             he
             would
             rather
             trust
             those
             poore
             ignoramus's
             whom
             the
             distance
             of
             place
             and
             inexperience
             of
             affaires
             doth
             in
             some
             sort
             excuse
             ,
             than
             the
             truth
             of
             the
             Acts.
             Considering
             withall
             that
             these
             Bishops
             speake
             more
             in
             this
             point
             than
             hee
             would
             have
             them
             ;
             for
             he
             standeth
             only
             for
             the
             Popes
             consent
             ,
             and
             they
             ascribe
             unto
             him
             the
             command
             .
             Why
             doth
             not
             hee
             speake
             as
             they
             doe
             ?
             If
             they
             be
             mistaken
             in
             the
             command
             why
             should
             we
             beleeve
             them
             about
             the
             consent
             ?
             especially
             seeing
             they
             never
             speake
             of
             it
             ?
          
           
             29
             Afterwards
             he
             descends
             to
             domestique
             testimonies
             ;
             as
             to
             Pope
             Gelasius
             his
             Epistle
             to
             the
             Dardan
             Bishops
             :
             where
             he
             saith
             ,
             
               That
               the
               Apostolique
               See
               by
               her
               sole
               authority
               ,
               decreed
               that
               the
               Councell
               of
            
             Chalcedon
             
               should
               bee
               holden
            
             .
             Decreed
             it
             indeed
             ,
             but
             with
             prayers
             ,
             intreaties
             ,
             and
             teares
             ,
             with
             much
             passionate
             importunity
             to
             the
             Emperours
             .
             See
             wherein
             that
             authority
             consisteth
             :
             see
             how
             the
             Popes
             would
             make
             us
             beleeve
             it
             !
          
           
             30
             The
             same
             question
             is
             concerning
             the
             Councell
             of
             Sardis
             ;
             to
             the
             convocation
             whereof
             Bellarmine
             pretends
             that
             the
             Popes
             consent
             was
             required
             ,
             and
             that
             by
             Emperours
             themselves
             :
             Hee
             takes
             a
             great
             deal
             of
             paines
             to
             fight
             against
             
             the
             truth
             ,
             which
             hee
             hath
             obscured
             ,
             but
             not
             extinguished
             .
             
             Wee
             can
             easily
             evidence
             to
             the
             contrary
             ;
             
               Then
               (
               saith
               Socrates
               )
               there
               was
               a
               Generall
               Councell
               appointed
               ,
               that
               all
               should
               repaire
               to
               Sardis
               ,
               a
               City
               in
               Illyri●m
               ,
               and
               that
               by
               the
               will
               and
               pleasure
               of
               the
               two
               Emperours
               ;
               the
               one
               by
               his
               letters
               requiring
               it
               ;
               the
               other
               ,
               who
               governed
               in
               the
               East●
               freely
               condescending
               unto
               it
               .
            
             The
             Bishops
             of
             the
             same
             Councell
             in
             their
             letters
             to
             all
             the
             Churches
             speake
             on
             this
             manner
             ;
             of●ardis
             ●ardis
             .
             
             Let
             us
             heare
             wh●t
             Bellarmine
             urgeth
             to
             the
             contrary
             :
             hee
             brings
             a
             passage
             out
             of
             Socrates
             ,
             where
             he
             saith
             ,
             
               That
               the
               Easterne
               Bishops
               lay
               the
               blame
               of
               their
               absence
               from
               the
               Councell
               of
               Sardis
               upon
               Pope
               Iulius
               ,
               because
               the
               time
               allotted
               them
               for
               their
               comming
               was
               too
               short
               .
            
             Whence
             it
             follows
             (
             saith
             hee
             )
             that
             the
             Councell
             was
             not
             called
             by
             the
             Emperour
             alone
             ,
             but
             by
             Pope
             Iulius
             also
             ,
             yea
             and
             that
             principally
             by
             him
             .
             But
             hee
             mistakes
             himselfe
             in
             his
             inference
             ;
             Pope
             Iulius
             was
             deeply
             ingaged
             for
             Athanasius
             ,
             hee
             had
             written
             in
             his
             behalfe
             certaine
             angry
             letters
             to
             the
             Orientall
             Bishops
             assembled
             at
             Antioch
             ;
             gaining
             nothing
             at
             their
             hands
             ,
             hee
             addressed
             himselfe
             to
             the
             Emperour
             Constans
             ,
             and
             perswaded
             him
             to
             write
             to
             his
             brother
             Constantius
             ,
             to
             send
             certaine
             Bishops
             to
             Rome
             to
             answer
             for
             their
             rejection
             of
             Paul
             and
             Athanasius
             :
             Lastly
             ,
             after
             some
             other
             accidents
             which
             befell
             about
             that
             point
             ,
             it
             was
             decreed
             by
             the
             will
             and
             pleasure
             of
             the
             two
             Emperours
             ,
             that
             the
             Bishops
             of
             both
             sides
             should
             meet
             at
             a
             day
             appointed
             in
             Sardis
             ,
             a
             City
             of
             Illyrium
             .
             
             All
             that
             wee
             say
             is
             related
             by
             Sozomen
             ,
             without
             any
             intermixing
             of
             ought
             of
             our
             owne
             .
             So
             that
             it
             is
             not
             without
             good
             reason
             that
             the
             Easterne
             Bishops
             imputed
             the
             shortnesse
             of
             the
             time
             unto
             the
             Pope
             ,
             seeing
             they
             had
             occasion
             to
             beleeve
             that
             hee
             had
             prosecuted
             and
             obtained
             the
             holding
             of
             that
             Councell
             without
             allowing
             them
             sufficient
             space
             to
             come
             thither
             .
          
        
         
           
             CHAP.
             II.
             Other
             examples
             to
             prove
             that
             the
             Popes
             consent
             was
             not
             required
             to
             the
             calling
             of
             Councels
             .
          
           
             1
             HEre
             Bellarmine
             stops
             ,
             and
             speakes
             not
             of
             other
             Councels
             which
             were
             holden
             afterwards
             :
             it
             is
             true
             that
             he
             seems
             to
             dissipate
             and
             dispell
             all
             that
             we
             have
             replyed
             concerning
             the
             former
             Councels
             with
             one
             puffe
             :
             that
             is
             ,
             that
             for
             foure
             or
             five
             Councels
             which
             the
             Emperours
             called
             ,
             the
             Popes
             have
             called
             a
             dozen
             .
             Hee
             puts
             us
             upon
             the
             necessity
             of
             urging
             other
             examples
             over
             and
             above
             the
             former
             .
             If
             any
             of
             those
             with
             whom
             Bellarmine
             bickets
             ,
             had
             delivered
             a
             thing
             so
             exorbitant
             ,
             and
             remote
             from
             all
             truth
             ,
             hee
             would
             have
             given
             them
             the
             ly
             ,
             and
             hooted
             at
             them
             .
             Let
             us
             shew
             the
             contrary
             without
             passion
             ,
             without
             calumny
             :
             for
             these
             are
             things
             mis-beseeming
             learned
             men
             ,
             and
             especially
             those
             that
             meddle
             in
             these
             matters
             .
          
           
             2
             The
             fifth
             Generall
             Councell
             holden
             at
             Constantinople
             ,
             under
             the
             Emperour
             Iustinian
             ,
             was
             called
             by
             him
             without
             the
             Popes
             consent
             .
             This
             is
             proved
             out
             of
             
             his
             owne
             letters
             ,
             
             
               Wee
               have
               summoned
               you
            
             (
             saith
             hee
             )
             
               unto
               the
               royall
               City
               ,
               exhorting
               you
               in
               generall
               ,
               that
               when
               you
               are
               come
               thither
               ,
               you
               would
               declare
               your
               opinion
               and
               your
               minds
               about
               these
               matters
               .
               Nicephorus
            
             witnesseth
             as
             much
             ,
             
             
               The
               Emperour
            
             Iustinian
             (
             saith
             hee
             )
             
               called
               the
               fifth
               Oecumenicall
               Councell
               ,
               and
               cited
               the
               Bishops
               of
               all
               Churches
               unto
               it
               upon
               this
               occasion
               .
            
          
           
             3
             The
             sixth
             Generall
             Councell
             was
             called
             at
             Constantinople
             by
             the
             Emperour
             Constantine
             the
             4
             ,
             as
             Zonaras
             testifieth
             ;
             
               Constantine
               (
               saith
               hee
               )
               being
               an
               Orthodox
               Prince
               ,
               laboured
               to
               unite
               the
               Churches
               ,
               that
               were
               at
               oddes
               by
               reason
               of
               the
               heresie
               of
               the
               Monothelites
               ,
               who
               sprang
               up
               after
               the
               reigne
               of
               Heraclius
               ,
               his
               great
               Grand-father
               :
               whereupon
               he
               called
               a
               Councell
               at
               Constantinople
               .
            
             
               Martinus
               Polonus
            
             ascribes
             the
             Convocation
             of
             that
             Councell
             to
             the
             Emperour
             Constantine
             ;
             and
             speaking
             of
             Pope
             Agatho
             ,
             hee
             saith
             nothing
             of
             him
             ,
             but
             onely
             that
             the
             sixth
             Synod
             was
             holden
             in
             his
             time
             .
          
           
             4
             Hee
             saith
             as
             much
             of
             the
             first
             Nicene
             ,
             when
             he
             speaks
             of
             Constantine
             the
             Great
             ,
             and
             Pope
             Sylvester
             .
             But
             for
             the
             Popes
             consent
             there
             is
             no
             newes
             at
             all
             .
             The
             Popes
             themselves
             witnesse
             this
             truth
             in
             their
             Decree
             compiled
             by
             Gratian.
             For
             it
             is
             said
             in
             the
             sixth
             distinction
             ;
             The
             6
             
               holy
               Synod
               after
               the
               publication
               of
               the
               sentence
               against
               the
            
             Monothelites
             ,
             
               the
               Emperour
               that
               called
               it
               dying
               presently
               after
               ,
            
             &c.
             
             And
             in
             another
             place
             ,
             
               The
               sixth
               Generall
               Councell
               was
               holden
               at
            
             Constantinople
             ,
             
               in
               the
               time
               of
               Pope
            
             Agatho
             ,
             
               by
               the
               care
               and
               diligence
               of
               the
               Emperour
            
             Constantine
             
               who
               was
               there
               in
               person
            
             .
             The
             Popes
             verily
             have
             done
             themselves
             a
             great
             deal
             of
             wrong
             ,
             that
             they
             declared
             not
             that
             Convocation
             to
             bee
             made
             by
             their
             authority
             ;
             for
             it
             is
             not
             their
             fashion
             to
             forfeit
             their
             right
             for
             want
             of
             demanding
             ,
             or
             of
             publishing
             it
             .
          
           
             
             5
             The
             Acts
             of
             the
             second
             Nicene
             ,
             which
             is
             the
             seventh
             General
             Councell
             ,
             tell
             how
             it
             was
             called
             by
             Constantine
             ,
             and
             his
             Mother
             
               Irene
               .
               The
               holy
               and
               Generall
               Synod
               assembled
               by
               the
               pious
               Decree
               of
               those
               Emperours
               ,
               in
               the
               most
               famous
               City
               of
            
             Nice
             ,
             
               the
               Metropolis
               of
            
             Bithinia
             .
             And
             this
             is
             confirmed
             by
             that
             letter
             which
             Tarasius
             Patriarch
             of
             Constantinople
             ,
             writ
             unto
             a
             certaine
             Priest
             ,
             inserted
             in
             the
             Acts
             of
             the
             Councell
             ;
             and
             by
             that
             which
             Zonaras
             speakes
             of
             it
             .
          
           
             6
             The
             eighth
             Generall
             Councell
             ,
             which
             is
             the
             sixth
             of
             Constantinople
             ,
             was
             called
             also
             by
             the
             Emperour
             Basil
             ,
             witnesse
             Zonaras
             :
             
             Basil
             (
             saith
             hee
             )
             
               come
               into
               the
               great
               Church
               upon
               a
               festivall
               day
               ,
               to
               receive
               the
               unbloudy
               sacrifice
               ,
               was
               hindered
               by
            
             Photius
             
               the
               Patriarch
               ,
               who
               called
               him
               murtherer
               :
               but
               he
               being
               incensed
               with
               this
               repulse
               ,
               calling
               a
               Councell
               ,
               cast
            
             Photius
             
               out
               of
               the
               Church
            
             .
          
           
             7
             Cardinall
             Cusan
             freely
             confesseth
             that
             the
             Emperours
             had
             anciently
             this
             right
             of
             calling
             Councels
             :
             
             Yea
             he
             affirmeth
             that
             the
             eighth
             General
             (
             whereof
             we
             have
             spoken
             )
             were
             called
             by
             them
             ,
             
               Howbeit
               (
               saith
               hee
               )
               wee
               read
               that
               the
               Generall
               Councels
               were
               ofttimes
               called
               by
               the
               Emperours
               ,
               yea
               all
               the
               eight
               ,
               as
               may
               bee
               proved
               out
               of
               their
               Acts
               ;
               yet
               notwithstanding
               in
               those
               Councels
               the
               Pope
               had
               alwayes
               the
               authority
               of
               presiding
               .
            
             So
             then
             in
             his
             opinion
             the
             Pope
             had
             no
             share
             in
             the
             calling
             ;
             that
             's
             all
             which
             we
             demand
             for
             the
             present
             .
             As
             for
             the
             presidence
             that
             's
             another
             matter●
             wee
             will
             speake
             of
             it
             anon
             .
          
           
             8
             This
             is
             no
             small
             thing
             that
             all
             the
             eight
             General
             Councels
             were
             called
             by
             the
             Emperours
             .
             I
             say
             the
             eight
             Generall
             ,
             which
             are
             acknowledged
             to
             be
             such
             by
             the
             Pope
             :
             But
             we
             will
             finde
             more
             yet
             :
             Theodoret
             speaking
             of
             Athanasius's
             adversaries
             saith
             ;
             
             
               Hee
               perswaded
               Constantine
               the
               Emperour
               to
               call
               a
               Councell
               at
               Cesarea
               in
               Palestine
               ;
               and
               to
               command
               that
               Athanasius
               should
               bee
               arraigned
               :
               but
               St.
               Athanasius
               knowing
               the
               malice
               of
               his
               Iudges
               ,
               went
               not
               to
               the
               Councell
               .
            
             He
             afterwards
             addes
             ,
             
               Hee
               suspecting
               that
               Athanasius
               would
               not
               appeare
               in
               Cesarea
               ,
               by
               reason
               ,
               I
               suppose
               ,
               of
               the
               Bishop
               of
               that
               
               place
               ,
               commanded
               that
               the
               Councell
               should
               meet
               at
               Tyre
               .
               
            
             Eusebius
             in
             the
             life
             of
             Constantine
             ,
             speaking
             of
             the
             same
             Synod
             of
             Tyre
             saith
             ,
             
               The
               Emperour
               called
               together
               a
               great
               company
               of
               Bishops
               out
               of
            
             Egypt
             ,
             Africa
             ,
             Asia
             ,
             and
             Europe
             ,
             
               and
               opposed
               them
               as
               an
               army
               of
               God
               against
               that
               enemy
               of
               mankinde
               .
            
             
          
           
             9
             The
             Acts
             of
             the
             first
             Councell
             of
             Carthage
             te●tifie
             ,
             that
             it
             was
             called
             by
             Constantine
             ,
             where
             Crates
             the
             Bishop
             of
             that
             City
             ,
             speaketh
             thus
             :
             
               L●t
               us
               thanke
               God
               that
               he
               hath
               inspired
               the
               religious
               Emperour
               Constantine
               ,
               with
               a
               desire
               of
               the
               union
               of
               the
               Church
               ,
               and
               to
               send
               Paul
               and
               Macarius
               ,
               servants
               of
               God
               ,
               as
               his
               ministers
               in
               this
               holy
               worke
               :
               to
               the
               end
               that
               wee
               may
               hol●
               Councels
               in
               divers
               Provinces
               .
            
          
           
             10
             Theodoret
             ,
             speaking
             of
             the
             Councell
             of
             Antioch
             ;
             
             
               About
               that
               time
            
             (
             saith
             he
             )
             Constantine
             
               making
               his
               abode
               at
            
             Antioch
             ,
             
               called
               and
               assembled
               the
               Bishops
               together
               againe
               .
            
          
           
             11
             The
             Councell
             of
             Aquileia
             writes
             thus
             unto
             the
             Emperours
             ,
             
             Gratian
             and
             Valentinian
             ;
             
               Wee
               give
               you
               thanks●
               most
               milde
               Princes
               ,
               that
               ,
               for
               the
               taking
               away
               of
               all
               quarrels
               ,
               you
               have
               taken
               the
               paines
               to
               assemble
               an
               Ecclesiasticall
               Councell
               ,
               and
               of
               your
               bounty
               have
               done
               this
               honour
               unto
               the
               Bishops
               ,
               that
               such
               as
               would
               might
               come
               ,
               and
               no
               man
               bee
               compelled
               .
            
          
           
             12
             About
             the
             yeere
             413
             ,
             
               The
               Emperours
            
             Honorius
             and
             Theodosius
             
               the
               younger
               ,
               called
               a
               Councell
               at
            
             Carthage
             ,
             
               consisting
               of
            
             313
             
               Bishops
               ,
               for
               the
               condemning
               of
               the
            
             Pelagians
             ;
             so
             
               Martinu●
               Polonu●
            
             .
             
             And
             speaking
             of
             Pope
             Innocent
             the
             first
             ,
             who
             lived
             at
             the
             same
             time
             ,
             he
             saith
             indeed
             that
             he
             condemned
             Pelagiu●
             ,
             but
             it
             was
             not
             in
             that
             Councell
             ;
             whereto
             he
             neither
             gave
             consent
             for
             the
             calling
             of
             it
             ,
             nor
             had
             voice
             in
             the
             decision
             .
          
           
             13
             Vnder
             the
             same
             Emperours
             there
             was
             a
             disputation
             and
             conference
             holden
             in
             the
             same
             City
             betwixt
             the
             Catholique
             Bishops
             and
             the
             Donatists
             ,
             where
             St.
             Austin
             was
             present
             ,
             and
             where
             all
             the
             Bishops
             of
             Africa
             ,
             both
             on
             the
             one
             side
             and
             the
             other
             were
             summoned
             to
             appeare
             .
             
               Flavius
               Marcellinus
            
             one
             of
             the
             Emperours
             officers
             ,
             was
             made
             Iudge
             there
             ;
             to
             whom
             those
             who
             appointed
             the
             place
             of
             meeting
             direct
             these
             words
             ,
             
             
               Your
               greatnesse
               hath
               sent
               us
               through
               the
               Provinces
               according
               to
               the
               Emperours
               command
               ,
               and
               hath
               dispatched
               his
               edicts
               &
               injunctions
               through
               all
               Affrica
               ;
               to
               the
               intent
               that
               all
               Bishops
               ,
               as
               well
               Catholiques
               as
               Donatists
               ,
               should
               come
               unto
               this
               conference
               within
               foure
               months
               .
            
          
           
             14
             The
             Fathers
             of
             the
             Generall
             Councell
             at
             Constantinople
             in
             Trullo
             ,
             speake
             thus
             unto
             the
             Emperour
             Iustinian
             the
             second
             ,
             
             
               You
               ordained
               that
               this
               holy
               Generall
               Councell
               ,
               elected
               by
               the
               divine
               providence
               ,
               should
               be
               called
               together
               .
            
             And
             anon
             ,
             
               Vpon
               this
               occasion
               we
               have
               written
               these
               holy
               Canons
               ,
               being
               assembled
               together
               in
               this
               Imperiall
               ,
               and
               religious
               City
               by
               your
               pieties
               speciall
               command
               .
            
          
           
             15
             The
             Acts
             of
             the
             fourth
             Councell
             at
             Rome
             assembled
             vnder
             Pope
             Symmachu●
             ,
             
             shew
             that
             it
             was
             called
             by
             the
             command
             of
             King
             Theodoric
             ,
             then
             ruler
             in
             
               Italy
               .
               Th●●
               holy
               Synod
               assembled
               at
            
             Rome
             
               out
               of
               divers
               Nations
               by
               the
               command
               of
               King
            
             Theodoric
             ,
             &c.
             
          
           
             16
             Those
             of
             the
             Synod
             of
             
               Aix
               the
               Chappell
            
             in
             Germany
             ,
             holden
             under
             the
             Emperour
             Lewes
             in
             the
             yeere
             816
             ,
             speake
             in
             this
             sort●
             
             
               Whereas
               the
               most
               Christian
               and
               glorious
               Emperour
            
             Lewes
             
               hath
               called
               a
               holy
               and
               Generall
               Councell
               at
            
             Aix
             ,
             &c.
             
             He
             that
             writ
             the
             continuation
             of
             the
             History
             of
             Eutropius
             ,
             speaking
             of
             the
             Emperour
             Lewes
             the
             second
             ,
             the
             sonne
             of
             Lotharius
             ,
             saith●
             
               The
               royall
               Majestie
               opposed
               the
               Apostolicall
               dignity
               ,
               objecting
               to
               the
               Pope
               the
               ancient
               decrees
               of
               Fathers
               ,
               whereby●
               it
               is
               not
               lawfull
               for
               a
               Prelate
               to
               excommunicate
               a
               Bishop
               without
               a
               Synod
               :
               which
               Councell
               ought
               not
               to
               be
               called
               by
               the
               Pope
               ,
               but
               by
               the
               Emperour
               .
            
             All
             this
             is
             spoken
             in
             favour
             of
             Iohn
             Archbishop
             of
             Ravenna
             whom
             Pope
             Nicholas
             the
             first
             had
             excommunicated
             .
          
           
           
             
             17
             The
             Emperour
             Otho
             the
             Great
             ,
             after
             hee
             had
             admonished
             Pope
             Iohn
             the
             12
             ,
             and
             saw
             that
             hee
             would
             not
             amend
             his
             scandalous
             life
             ,
             
               Called
               a
               Councell
            
             (
             saith
             Platina
             )
             
               making
               all
               the
               Bishops
               of
            
             Italy
             
               meet
               to
               condemne
               that
               wicked
               person
               .
               The
               Emperour
            
             Henry
             the
             3
             (
             saith
             the
             same
             Platina
             )
             
               having
               called
               a
               Councell
               after
               hee
               had
               there
               compelled
            
             Bennet
             the
             9
             ,
             
             Sylvester
             the
             3
             ,
             and
             Gregory
             the
             6
             ,
             
               as
               three
               most
               hideous
               monsters
               to
               renounce
               the
               Popedome
               ,
               he
               created
            
             Sindegerus
             
               Bishop
               of
            
             Bamberg
             
               Pope
               ,
               who
               was
               afterwards
               called
            
             Clement
             the
             2.
             
             This
             was
             done
             in
             the
             yeare
             1047
             ,
             
               The
               Emperour
            
             Henry
             the
             3
             ,
             
               having
               called
               a
               Councell
               at
            
             Wormes
             ,
             
             
               consisting
               of
            
             24
             
               Bishops
               ,
               and
               divers
               noble
               men
               commanded
               that
               all
               the
               decrees
               of
               Pope
            
             Gregory
             the
             7
             
               should
               be
               cassed
               and
               cancelled
            
             .
          
           
             18
             Radenicus
             speaking
             of
             the
             Emperour
             Frederick
             the
             first
             ,
             Supposing
             (
             saith
             hee
             )
             
               that
               after
               the
               example
               of
               the
               ancient
               Emperours
               ,
            
             
             as
             Iustinian
             ,
             Theodosius
             ,
             Charles
             ,
             &c.
             
               the
               power
               of
               calling
               a
               Councell
               belonged
               unto
               himselfe
               .
            
             And
             elsewhere
             hee
             makes
             Frederick
             speake
             in
             the
             same
             tone
             ,
             in
             that
             oration
             which
             he
             delivered
             to
             the
             Councell
             .
             
               The
               Councell
               of
               Constance
               (
               saith
               
                 Iohn
                 le
                 Maire
              
               )
               was
               assembled
               by
               the
               command
               of
               the
               Emperour
               Sigismond
               ,
               and
               by
               the
               common
               consent
               of
               the
               five
               principal
               Nations
               of
               Christendome
               ,
               namely
               the
               
                 German
                 ,
                 French
                 ,
                 English
                 ,
                 Spanish
              
               and
               Italian
               for
               noting
               out
               of
               schismes
               .
            
          
           
             19
             The
             Bishops
             thus
             called
             by
             the
             Emperours
             (
             that
             wee
             may
             note
             this
             by
             the
             way
             )
             were
             bound
             to
             goe
             to
             the
             Councels
             ;
             which
             is
             sufficiently
             verified
             out
             of
             those
             places
             wee
             have
             formerly
             alledged
             :
             for
             the
             Emperours
             summons
             being
             legitimate
             ,
             it
             must
             needs
             follow
             that
             the
             parties
             summoned
             were
             bound
             to
             make
             their
             appearance
             .
             But
             it
             is
             requisite
             wee
             prove
             it
             out
             of
             the
             Acts
             themselves
             ,
             for
             there
             are
             some
             of
             the
             Popes
             Advocates
             which
             run
             to
             this
             lurking
             hole
             .
             Constantine
             the
             Great
             ,
             without
             any
             prejudice
             to
             those
             honours
             which
             he
             had
             granted
             unto
             the
             Bishops
             of
             the
             Nicene
             Councell
             ,
             writ
             thus
             to
             that
             of
             Tyre
             ;
             
             
               If
               there
               be
               any
               (
               as
               I
               hope
               there
               are
               not
               )
               who
               cunningly
               goes
               about
               to
               sleight
               our
               command
               ,
               and
               refuseth
               to
               come
               unto
               the
               Councell
               ,
               wee
               will
               send
               some
               from
               hence
               who
               shall
               dismisse
               him
               of
               his
               dignity
               ;
               to
               teach
               him
               that
               no
               man
               may
               contradict
               Imperiall
               ordinances
               made
               in
               behalf
               of
               the
               truth
               .
            
             So
             the
             Emperour
             Theodosius
             ,
             when
             hee
             called
             that
             of
             Ephesus
             ,
             which
             was
             the
             third
             Generall
             Councell
             .
             Nicephorus
             saith
             hee
             added
             thus
             much
             unto
             his
             letters
             .
             
             
               That
               hee
               would
               not
               hold
               him
               excused
               neither
               before
               God
               nor
               man
               ,
               who
               should
               not
               make
               his
               appearance
               at
               Ephesus
               upon
               the
               day
               of
               Pentecost
               appointed
               :
               For
               (
               saith
               he
               )
               hee
               who
               after
               citation
               to
               a
               holy
               assembly
               of
               Bishops
               ,
               doth
               not
               run
               with
               chearfulnesse
               ,
               hee
               gives
               us
               to
               understand
               that
               hee
               hath
               no
               good
               conscience
               .
            
             There
             is
             yet
             this
             clause
             more
             ;
             
               So
               then
               wee
               ,
               being
               diligently
               employed
               about
               this
               businesse
               which
               wee
               have
               set
               our
               minde
               upon
               ,
               
               will
               not
               suffer
               any
               man
               to
               be
               absent
               ,
               without
               punishing
               him
               .
            
          
           
             20
             Let
             us
             now
             returne
             to
             our
             former
             discourse
             .
             Wee
             suppose
             our
             adversaries
             are
             so
             reasonable
             that
             they
             will
             content
             themselves
             with
             these
             many
             examples
             which
             wee
             have
             urged
             ;
             and
             I
             beleeve
             they
             will
             suffer
             themselves
             to
             be
             perswaded
             hereafter
             ,
             that
             the
             Councels
             wee
             speake
             o●●ere
             not
             called
             by
             the
             Popes
             authority
             ,
             or
             consent
             .
             If
             so
             ,
             those
             Historians
             which
             write
             of
             them
             doe
             grossely
             abuse
             us
             ,
             considering
             they
             never
             speake
             a
             word
             of
             it
             :
             the
             Acts
             of
             those
             Councels
             which
             are
             yet
             extant
             amongst
             us
             for
             the
             most
             part
             ,
             must
             bee
             accused
             of
             falsity
             ,
             which
             are
             silent
             in
             a
             matter
             of
             such
             moment
             .
             The
             Popes
             themselves
             have
             prevaricated
             in
             their
             own
             cause
             ,
             who
             have
             never
             mentioned
             their
             pretended
             consent
             ,
             when
             they
             speake
             of
             the
             convocation
             made
             by
             Emperours
             ;
             as
             when
             they
             make
             mention
             of
             the
             sixth
             General
             ,
             and
             the
             four
             first
             so
             much
             renowned
             Councels
             .
             Hearken
             w●●t
             Pope
             Gelasius
             saith
             to
             it
             in
             his
             Councel
             holden
             at
             
               Rome
               ,
               As
               for
               the
               four
               first
               Generall
               all
               Councels
               ,
               three
               of
               them
               were
               called
               by
               the
               Christian
               Emperours
            
             ;
             
             
               to
               wit
               ,
               the
            
             Nicene
             by
             Constantine
             ,
             
               that
               of
            
             Constantinople
             by
             Theodosius
             
               the
               elder
               ,
               and
               that
               of
            
             Chalcedon
             
               by
               the
               Emperour
            
             
             Martian
             .
             Hee
             might
             have
             added
             the
             fourth
             at
             Ephesus
             ,
             
             which
             was
             called
             by
             the
             Emperours
             Theodosius
             and
             Valentinian
             .
             Hearken
             what
             is
             said
             hereof
             in
             another
             place
             of
             the
             Decretes
             concerning
             the
             Councell
             of
             Millain
             ;
             
               The
               Emperour
               Valentinian
               desiring
               to
               put
               a
               Catholique
               Bishop
               in
               the
               Citie
               of
               Millain
               ,
               after
               the
               death
               of
               Auxentius
               the
               Arrian
               ,
               
               having
               called
               the
               Bishops
               together
               ,
               spoke
               unto
               them
               in
               this
               manner
               ;
               You
               know
               very
               well
               ,
               as
               being
               versed
               in
               Scripture
               ,
               what
               manner
               of
               man
               a
               Bishop
               should
               bee
               ,
               &c.
               
            
             And
             afterwards
             .
             
               The
               Synod
               desired
               him
               to
               make
               choice
               and
               nominate
               one
               himselfe
               .
            
             So
             that
             St.
             Hierome
             ought
             to
             have
             used
             another
             phrase
             ,
             when
             hee
             said
             in
             his
             Apology
             against
             Ruffine
             ,
             
             
               Tell
               mee
               by
               what
               Emperours
               command
               that
               Synod
               was
               called
               ?
            
             Hee
             who
             was
             a
             Clergy-man
             should
             rather
             have
             said
             ,
             Tell
             mee
             what
             Pope
             consented
             to
             the
             Synod
             ?
             For
             our
             Sophisters
             hold
             ,
             that
             the
             Popes
             authority
             is
             the
             soveraign
             plaister
             ,
             which
             salves
             all
             :
             and
             that
             it
             is
             no
             matter
             who
             call
             them
             ,
             so
             that
             his
             authority
             come
             in
             any
             way
             ,
             either
             in
             the
             beginning
             ,
             the
             middle
             ,
             or
             the
             end
             .
             But
             what
             will
             they
             say
             when
             wee
             shall
             make
             it
             appeare
             ,
             that
             the
             Popes
             themselves
             became
             supplicants
             to
             the
             Emperours
             to
             intreat
             them
             to
             call
             Councels
             ?
             That
             they
             became
             the
             Emperours
             servants
             in
             calling
             them
             at
             their
             command
             ?
             That
             they
             were
             summoned
             unto
             Councels
             as
             well
             as
             other
             Bishops
             ?
             Yea
             that
             the
             Emperours
             have
             holden
             Councels
             sometimes
             without
             them
             ,
             sometimes
             against
             them
             ?
             It
             is
             necessary
             that
             wee
             treat
             a
             little
             at
             large
             of
             all
             these
             Articles
             ,
             to
             take
             away
             all
             meanes
             of
             shifting
             ,
             and
             evasions
             from
             such
             as
             will
             not
             yeeld
             to
             reason
             .
          
        
         
           
             CHAP.
             III.
             That
             the
             Popes
             have
             beene
             suiters
             to
             the
             Emperours
             to
             get
             leave
             of
             them
             for
             the
             holding
             of
             Councels
             .
          
           
             WE
             descend
             to
             the
             proofe
             of
             this
             point
             not
             without
             good
             reason
             ;
             considering
             that
             some
             have
             ventred
             so
             farre
             ,
             as
             to
             affirme
             that
             the
             Emperours
             called
             Councels
             onely
             by
             commission
             from
             the
             Popes
             .
             
             Alledging
             to
             this
             effect
             a
             misconceived
             passage
             out
             of
             the
             epistle
             sent
             by
             the
             first
             Councell
             of
             Constantinople
             to
             the
             Councell
             at
             Rome
             ,
             which
             wee
             have
             expounded
             in
             the
             first
             chapter
             of
             this
             third
             Booke
             .
             Wee
             therefore
             maintaine
             this
             assertion
             to
             be
             so
             farre
             from
             truth
             ,
             that
             on
             the
             contrary
             the
             Popes
             have
             become
             humble
             suiters
             to
             the
             Emperours
             ,
             to
             desire
             of
             them
             that
             they
             would
             call
             Councels
             .
          
           
             2
             Pope
             Liberius
             ,
             upon
             the
             instance
             made
             unto
             him
             by
             Constantius
             an
             Arrian
             Emperour
             ,
             to
             abandon
             Athanasius
             ,
             considering
             how
             hee
             stood
             condemned
             for
             a
             heretique
             by
             a
             Synod
             ,
             makes
             this
             reply
             ,
             
             That
             in
             proceeding
             to
             Ecclesiasticall
             censu●es
             ,
             great
             ●quity
             ought
             to
             bee
             used
             ,
             
               and
               therefore
               if
               it
               please
               your
               Holynesse
               command
               that
               an
               assembly
               be
               called
               to
               sit
               upon
               him
               to
               the
               end
               that
               if
               he
               be
               to
               be
               condemned●
               sentence
               may
               passe
               upon
               him
               in
               manner
               and
               forme
               Ecclesiasticall
               .
            
             By
             which
             words
             hee
             meanes
             nothing
             else
             but
             the
             calling
             of
             a
             lawfull
             Councel
             .
             Which
             may
             bee
             collected
             from
             the
             sequell
             of
             that
             discourse
             betwixt
             Constantius
             and
             Liberius
             about
             the
             Councell
             of
             Tyre
             ,
             wherein
             Athanasius
             had
             beene
             condemned
             :
             As
             also
             from
             that
             which
             Ruffin
             delivers
             concerning
             this
             particular
             in
             the
             sixteenth
             chapter
             of
             his
             Ecclesiasticall
             History
             .
          
           
           
             
             3
             Pope
             Celestine
             with
             his
             fellow
             Patriarchs
             were
             petitioners
             to
             Theodosius
             the
             Emperour
             for
             the
             Councell
             of
             
               Ephesus
               .
               These
               things
               were
               no
               sooner
               known
               to
               the
               other
               Patriarchs
            
             (
             saith
             Zonaras
             ,
             
             speaking
             of
             Nestorius
             Patriarch
             of
             Constantinople
             )
             but
             Celestine
             
               Pope
               of
            
             Rome
             ,
             Cyrill
             
               Patriarch
               of
            
             Alexandria
             ,
             Iohn
             of
             Antioch
             ,
             and
             Iuvenal
             of
             Ierusalem
             
               opened
               the
               cause
               to
               the
               Emperour
            
             Theodosius
             and
             Pulcheria
             
               the
               Empresse
               ,
               humbly
               entreating
               them
               to
               cause
               the
               opinions
               of
            
             Nestorius
             
               to
               bee
               examined
               in
               a
               Councell
               .
            
          
           
             4
             Sozomen
             reports
             ,
             
             (
             in
             his
             eighth
             booke
             ,
             and
             28
             Chapter
             )
             how
             Pope
             Innocent
             
               sent
               five
               Bishops
               and
               two
               Priests
               to
               the
               Emperours
            
             Honorius
             and
             Arcadius
             ,
             
               to
               entreat
               a
               Synod
               of
               them
               ,
               together
               with
               the
               time
               and
               place
               for
               the
               calling
               of
               it
               .
            
          
           
             5
             Pope
             Leo
             ,
             together
             with
             the
             whole
             Synod
             assembled
             at
             Rome
             ,
             earnestly
             entreats
             the
             Emperour
             Theodosius
             in
             his
             23
             Epistle
             ,
             
             that
             hee
             would
             command
             a
             Generall
             Councell
             to
             bee
             holden
             in
             Italy
             .
             Hee
             repeats
             the
             same
             request
             to
             the
             same
             Emperour
             in
             his
             thirty
             first
             Epistle
             :
             and
             withall
             makes
             use
             of
             the
             favour
             of
             the
             Empresse
             Pulcheria
             in
             his
             twenty
             fourth
             Epistle
             :
             As
             also
             of
             the
             Empresse
             Eudoxia
             ,
             as
             appears
             by
             her
             letter
             to
             the
             Emperour
             ,
             and
             his
             answere
             ;
             which
             are
             recorded
             in
             the
             Acts
             of
             the
             Councell
             of
             Chalcedon
             ;
             
             and
             further
             confirmed
             by
             the
             testimony
             of
             Zonaras
             .
          
           
             6
             Pope
             Gregory
             exhorts
             one
             of
             our
             Kings
             to
             command
             a
             Councell
             to
             bee
             called
             ,
             for
             the
             punishing
             of
             the
             vices
             and
             abuses
             of
             the
             Clergy
             within
             his
             Realme
             ;
             
             
               Wee
               are
               urgent
               upon
               you
               by
               our
               second
               exhortation
               ,
               that
               for
               the
               reward
               which
               you
               shall
               thence
               reape
               ,
               you
               would
               command
               a
               Synod
               to
               bee
               assembled
               ,
               and
               (
               as
               we
               have
               long
               since
               writ
               unto
               you
               )
               cause
               the
               corporall
               vices
               of
               the
               Priests
               ,
               and
               the
               foule
               heresie
               of
               Simony
               to
               bee
               condemned
               by
               the
               joynt
               sentence
               of
               all
               the
               Bishops
               ;
               and
               to
               bee
               utterly
               rooted
               out
               of
               all
               the
               confines
               of
               your
               dominions
               .
            
             This
             passage
             is
             the
             more
             remarkable
             ,
             in
             as
             much
             as
             it
             is
             put
             into
             the
             Canon
             by
             some
             of
             those
             that
             collected
             the
             Canons
             and
             Decrees
             of
             the
             ancient
             Fathers
             :
             
             and
             also
             this
             his
             request
             is
             often
             repeated
             in
             his
             several
             Epistles
             to
             King
             Theodoric
             ,
             King
             Theodebert
             ,
             
             and
             Queene
             Brunechilde
             .
          
           
             7
             Nor
             did
             the
             Popes
             herein
             any
             thing
             but
             what
             was
             the
             common
             practice
             of
             other
             Bishops
             ;
             who
             when
             just
             occasion
             was
             offered
             became
             supplicants
             to
             their
             Princes
             for
             the
             keeping
             of
             Councels
             .
             Athanasius
             reports
             how
             himselfe
             and
             some
             others
             ,
             
             finding
             themselves
             aggrieved
             by
             the
             Arrians
             ,
             petitioned
             the
             Emperour
             Constans
             for
             the
             calling
             of
             a
             Councell
             ;
             and
             how
             upon
             their
             intreatie
             it
             was
             called
             at
             Sardis
             ,
             whither
             the
             Bishops
             repaired
             from
             above
             five
             and
             thirty
             Provinces
             :
             The
             list
             of
             whose
             names
             you
             may
             finde
             in
             Theodoret.
             
             
          
           
             8
             The
             Arrian
             Bishops
             prevailed
             with
             the
             Emperour
             Constuntius
             ,
             for
             the
             calling
             a
             Councell
             at
             Milan
             ;
             
             
               They
               perswaded
               him
            
             (
             saith
             Theodoret
             )
             
               to
               call
               a
               Councell
               at
            
             Milan
             
               a
               City
               of
            
             Italy
             ;
             
               and
               compell
               all
               the
               Bishops
               to
               subscribe
               to
               the
               abdication
               of
               the
               injust
               judges
               of
            
             Tyre
             ;
             
               and
               to
               set
               out
               a
               new
               Creed
               ,
               and
               cast
            
             Athanasius
             
               out
               of
               the
               Church
               .
               Thither
               the
               Bishops
               came
               in
               obedience
               to
               the
               Emperours
               royall
               command
               .
               Eusebius
            
             with
             his
             partisans
             ,
             that
             were
             of
             the
             same
             sect
             ,
             
             desired
             the
             Emperour
             to
             have
             it
             at
             Antioch
             :
             who
             by
             the
             cunning
             of
             the
             Arrians
             was
             wrought
             at
             last
             to
             proclaime
             two
             Councels
             ,
             one
             at
             Seleucia
             for
             those
             of
             the
             East
             ,
             and
             another
             at
             Ariminum
             for
             them
             of
             the
             Western
             Church
             .
          
           
             9
             Besides●
             that
             at
             other
             times
             also
             they
             called
             Councels
             by
             virtue
             of
             the
             Emperours
             authority
             ,
             is
             plaine
             from
             that
             passage
             of
             the
             letter
             which
             was
             sent
             by
             the
             Generall
             Councell
             at
             Constantinople
             to
             Pope
             Damasus
             ,
             and
             the
             Synod
             at
             Rome
             ;
             where
             they
             mention
             how
             the
             Pope
             and
             his
             Councel
             had
             convoked
             the
             Easterne
             Bishops
             ,
             by
             virtue
             of
             a
             commission
             granted
             by
             the
             Emperour
             
               Theodosius
               ;
               But
            
             (
             say
             they
             )
             
               whereas
               you●
               proceeding
               to
               the
               holding
               of
               a
               Councell
               at
            
             Rome
             ,
             
               have
               out
               of
               your
               brotherly
               charity
               summoned
               us
               thither
               ,
               by
               virtue
               of
               the
               
               Emperours
               letters
               ,
               as
               your
               fellow
               members
               ,
            
             &c.
             
             
             So
             then
             we
             are
             already
             at
             a
             great
             deale
             of
             oddes
             with
             those
             people
             that
             put
             the
             Cart
             before
             the
             horse
             .
          
        
         
           
             CHAP.
             IV.
             That
             the
             Popes
             have
             beene
             summoned
             to
             Councels
             by
             the
             Emperours
             ,
             as
             well
             as
             other
             Bishops
             .
          
           
             1
             EMperours
             when
             they
             intended
             to
             call
             Councels
             ,
             were
             wont
             to
             write
             unto
             all
             the
             Bishops
             ,
             that
             they
             should
             make
             their
             appearance
             at
             such
             places
             as
             they
             appointed
             ;
             but
             more
             especially
             to
             the
             Patriarchs
             and
             Metropolitans
             .
             Thus
             much
             wee
             collect
             out
             of
             Eusebius
             in
             the
             life
             of
             Constantine
             ;
             
             of
             whom
             hee
             saith
             ,
             
               That
               hee
               called
               a
               Generall
               Councell
               ,
               as
               if
               he
               had
               mustered
               an
               army
               of
               God
               ;
               and
               thither
               he
               summoned
               the
               Bishops
               from
               all
               parts
               ,
               by
               his
               letters
               conceived
               in
               respective
               and
               honourable
               termes
               ,
               to
               make
               them
               appeare
               with
               the
               more
               alacrity
               .
            
          
           
             2
             The
             Emperour
             Theodosius
             and
             Valentinian
             in
             their
             letters
             to
             Cyrill
             ,
             tell
             him
             ,
             how
             they
             had
             writ
             to
             all
             the
             Metropolitan
             Bishops
             ,
             to
             make
             their
             appearance
             at
             Ephesus
             .
             
             
               As
               for
               the
               proclaiming
               of
               the
               most
               holy
               Councell
               our
               clemency
               hath
               given
               out
               our
               letters
               to
               all
               the
               Metropolitan
               Bishops
               .
            
          
           
             3
             In
             the
             Acts
             of
             the
             Councell
             of
             
               Chalcedon
               ,
               Iohn
            
             the
             Priest
             ,
             and
             chiefe
             Secretary
             saith
             ;
             
               It
               is
               the
               pleasure
               of
               our
               most
               Christian
               ,
               and
               most
               devout
               Emperours
               ,
               to
               ordaine
               that
               this
               your
               holy
               and
               reverend
               Synod
               should
               bee
               here
               assembled
               :
               Wee
               have
               now
               in
               our
               hands
               their
               honourable
               letters
               ,
               which
               we
               do
               but
               intimate
               to
               your
               Holynesses
               .
               Dioscorus
               the
               Reverend
               Bishop
               of
               Alexandria
               addeth
               further
               .
               That
               the
               most
               holy
               and
               religious
               letters
               sent
               by
               the
               most
               Christian
               Emperours
               to
               every
               Metropolitan
               in
               particular
               were
               publiquely
               read
               ,
               and
               inserted
               in
               the
               Acts
               of
               the
               Councell
               .
            
          
           
             4
             And
             to
             prove
             that
             the
             Bishop
             of
             Romes
             case
             is
             no
             whit
             different
             from
             other
             Bishops
             ,
             but
             just
             of
             the
             same
             ranke
             and
             quality●
             Harke
             what
             follows
             immediatly
             in
             the
             same
             Acts
             ;
             Bishop
             Iulius
             (
             
               who
               was
               Deputy
               for
               his
               Holynesse
               the
               Archbishop
               of
            
             Rome
             ,
             
               and
               used
            
             Florens
             
               Bishop
               of
            
             Lydia
             
               for
               his
               interpreter
            
             )
             
               said
               that
               the
               most
               holy
               Bishop
               of
            
             Rome
             Pope
             Leo
             
               had
               beene
               summoned
               by
               the
               most
               Christian
               Emperours
               ,
               by
               their
               letters
               of
               the
               same
               tenure
               .
            
          
           
             5
             Wee
             may
             observe
             by
             the
             way
             ,
             that
             at
             that
             time
             the
             Greeke
             tongue
             was
             so
             well
             understood
             at
             Rome
             ,
             and
             the
             Latine
             in
             Greece
             ,
             that
             the
             Bishops
             of
             both
             Countries
             were
             glad
             to
             speake
             by
             interpreters
             .
             Yea
             in
             the
             very
             same
             Councell
             of
             Chalcedon
             ,
             
             the
             Emperour
             Marcian
             made
             one
             oration
             in
             Greek
             for
             the
             one
             part
             ,
             and
             another
             in
             Latine
             for
             the
             other
             ;
             the
             matter
             of
             both
             being
             but
             one
             and
             the
             same
             .
             The
             Councell
             of
             Ierusalem
             made
             certaine
             Creeds
             both
             in
             Greek
             and
             Latine
             .
             
             The
             Popes
             Legates
             at
             the
             Councell
             of
             Ephesus
             had
             their
             interpreter
             to
             expound
             their
             words
             :
             
             and
             when
             Celestines
             letters
             were
             there
             read
             ,
             the
             Acts
             tell
             us
             how
             
               the
               Bishops
               desired
               they
               should
               be
               translated
               into
               Greek
               ,
               and
               read
               over
               againe
            
             :
             Insomuch
             that
             the
             Romish
             Legates
             had
             almost
             made
             a
             controversie
             of
             it
             ,
             fearing
             lest
             they
             should
             prejudice
             the
             Papall
             dignity
             by
             such
             an
             Act
             ;
             and
             alledging
             therefore
             how
             it
             was
             the
             ancient
             custome
             to
             propose
             
             the
             Buls
             of
             the
             See
             Apostolique
             in
             Latine
             only
             ,
             
             and
             that
             might
             now
             suffice
             .
             Whereupon
             these
             poore
             Greek
             Bishops
             were
             in
             danger
             not
             to
             have
             understood
             the
             Popes
             Latine
             .
             But
             the
             Legats
             were
             at
             last
             content
             with
             reason
             ,
             when
             it
             was
             evidenced
             unto
             them
             that
             the
             major
             part
             could
             not
             understand
             a
             word
             of
             Latine
             .
          
           
             
             6
             But
             the
             prettiest
             of
             all
             is
             Pope
             Celestines
             excuse
             to
             Nestorius
             for
             his
             so
             long
             delaying
             to
             answer
             his
             letters
             ,
             the
             ground
             being
             this
             ,
             that
             hee
             could
             not
             by
             any
             meanes
             get
             his
             Greek
             construed
             any
             sooner
             .
             Pope
             Gregory
             the
             first
             ingenuously
             confesseth
             to
             the
             Bishop
             of
             Thessaly
             ,
             that
             hee
             understood
             not
             a
             jot
             of
             his
             Greek
             .
             It
             is
             very
             probable
             that
             the
             proverb
             of
             honest
             Accursius
             was
             even
             then
             in
             use
             ;
             
             
               Graecum
               est
               ,
               non
               legitur
            
             .
             The
             Popes
             were
             very
             capable
             in
             those
             dayes
             ,
             of
             having
             
               omnia
               jura
               in
               scrinio
               pectoris
            
             ,
             all
             lawes
             in
             their
             breasts
             ,
             but
             not
             all
             languages
             in
             their
             mouthes
             .
          
           
             7
             To
             returne
             to
             the
             point
             in
             hand
             :
             Tarasius
             Patriarch
             of
             Constantinople
             ,
             speaking
             in
             a
             certaine
             letter
             of
             his
             to
             a
             Priest
             ,
             of
             the
             calling
             of
             the
             second
             Councell
             of
             Nice
             ,
             saith
             ;
             
               I
               suppose
               you
               have
               heard
               how
               there
               was
               a
               Synod
               called
               at
            
             Nice
             ,
             
             
               whither
               wee
               are
               gone
               ,
               as
               also
               all
               true
               Priests
               :
               namely
               the
               Delegates
               aswell
               of
               the
               Pope
               of
               old
            
             Rome
             ,
             
               as
               of
               the
               great
               Bishops
               of
               the
               East
               ,
               and
               divers
               other
               holy
               Bishops
               according
               to
               the
               letters
               of
               the
               most
               devout
               Emperours
               .
            
             Yea
             the
             Pope
             himselfe
             was
             summoned
             thither
             by
             virtue
             of
             those
             letters
             aswell
             as
             others
             .
             Zonaras
             is
             more
             full
             in
             the
             relation
             where
             he
             speaks
             of
             that
             Synod
             ;
             
               When
               all
               were
               agreed
               upon
               is
               ,
               holy
            
             Tarasius
             
               being
               elected
               Patriarch
               ,
               hee
               and
               the
               Emperours
               sent
               to
               old
            
             Rome
             ,
             where
             Adrian
             
               was
               then
               Pope
               ,
               and
               to
               all
               other
               Patriarchs
               ,
               requiring
               them
               to
               send
               some
               in
               their
               place
               to
               assist
               at
               the
               Councell
               .
            
             If
             the
             Pope
             had
             had
             an
             hand
             in
             these
             summons
             with
             the
             Emperours
             ,
             as
             Tarasius
             had
             ,
             some
             would
             surely
             thinke
             they
             had
             wonne
             the
             day
             .
             But
             loe
             here
             you
             see
             the
             Pope
             summoned
             ,
             aswell
             as
             others
             ,
             by
             the
             Patriarch
             and
             the
             Emperours
             ,
             to
             make
             his
             appearance
             at
             a
             Councell
             ;
             even
             hee
             that
             bragges
             that
             he
             is
             above
             them
             all
             .
          
           
             8
             Wee
             may
             observe
             in
             the
             last
             place
             how
             Bellarmine
             ,
             after
             he
             hath
             maintained
             that
             Emperours
             could
             call
             no
             Councels
             till
             they
             had
             first
             required
             and
             obtained
             the
             Popes
             consent
             ,
             forgetting
             what
             hee
             said
             ,
             confesseth
             afterwards
             that
             the
             Popes
             were
             called
             unto
             Councels
             by
             the
             said
             Emperours
             ,
             which
             cannot
             consist
             without
             a
             downright
             contradiction
             :
             For
             if
             Councels
             were
             called
             only
             by
             leave
             and
             direction
             from
             the
             Pope
             ,
             there
             was
             no
             need
             that
             hee
             should
             bee
             summoned
             himselfe
             ,
             seeing
             it
             was
             hee
             that
             summoned
             others
             .
             But
             ther
             's
             yet
             a
             better
             jest
             behind
             :
             For
             ,
             saith
             he
             ,
             
             
               The
               Emperours
               when
               they
               called
               Councels
               ,
               summoned
               all
               other
               Bishops
               by
               way
               of
               Edict
               and
               command
               :
               but
               for
               the
               Pope
               they
               intreated
               him
               ,
               that
               if
               hee
               pleased
               ,
               hee
               would
               vouchsafe
               to
               come
               thither
               .
            
             I
             never
             saw
             so
             many
             fine
             devises
             .
             The
             prealledged
             passages
             doe
             plainely
             shew
             that
             all
             this
             is
             nought
             but
             winde
             and
             smoak
             .
             Those
             letters
             of
             the
             Emperour
             Martian
             ,
             which
             hee
             urgeth
             for
             these
             pretended
             termes
             of
             honour
             and
             respect
             ,
             are
             no
             more
             but
             the
             responsories
             to
             Pope
             Leo's
             own
             letters
             ,
             which
             hee
             had
             sent
             by
             his
             Legates
             ,
             as
             is
             expressely
             affirmed
             in
             the
             letters
             themselves
             .
             Leo
             had
             a
             long
             time
             been
             tampering
             with
             the
             Emperours
             for
             the
             calling
             of
             a
             Synod
             ,
             and
             at
             last
             obtained
             one
             :
             not
             in
             Italy
             ,
             where
             hee
             desired
             it
             should
             bee
             ,
             but
             in
             the
             East
             ,
             whither
             he
             is
             by
             these
             letters
             intreated
             to
             come
             :
             So
             that
             these
             are
             not
             the
             ordinary
             copy
             of
             the
             Edict
             ,
             for
             the
             Convocation
             of
             the
             Councell
             .
          
        
         
           
           
             CHAP.
             V.
             That
             divers
             Councels
             have
             beene
             called
             either
             without
             the
             Popes
             ,
             or
             against
             them
             .
          
           
             1
             WE
             said
             before
             that
             Councels
             have
             beene
             called
             without
             the
             Popes
             consent
             ,
             yea
             even
             against
             them
             .
             
             As
             for
             such
             as
             have
             beene
             holden
             without
             the
             Popes
             ,
             we
             have
             presidents
             in
             store
             ;
             the
             Councels
             of
             
               Aquileia
               ,
               Africa
               ,
               France
            
             and
             Spaine
             .
             Those
             which
             are
             reckoned
             in
             the
             Canon
             ,
             
               prima
               adnotatio
            
             ,
             and
             others
             of
             like
             nature
             ;
             
             wherof
             though
             some
             were
             nationall
             ,
             some
             Generall
             ,
             (
             that
             is
             ,
             consisting
             of
             Bishops
             out
             of
             divers
             Countries
             )
             yet
             notwithstanding
             they
             were
             holden
             without
             the
             knowledge
             or
             consent
             of
             the
             Popes
             .
          
           
             2
             It
             may
             bee
             said
             peradventure
             that
             the
             Popes
             slighted
             these
             petty
             Councels
             ,
             and
             that
             they
             only
             stand
             for
             their
             authority
             over
             such
             as
             are
             Generall
             .
             But
             there
             is
             no
             such
             matter
             ;
             for
             the
             very
             same
             prerogative
             which
             they
             pretend
             to
             have
             over
             General
             and
             Oecumenical
             Councels
             ,
             they
             stickle
             for
             it
             over
             others
             also
             .
             Pope
             Symmachus
             tels
             us
             ●o
             very
             roundly
             .
             
               The
               Councels
               of
               Priest●
               ,
               which
               by
               the
               Ecclesiasticall
               Canons
               ought
               to
               bee
               holden
               every
               yeere
               through
               the
               Provinces
               ,
            
             
             
               have
               lost
               their
               force
               and
               power
               ,
               inasmuch
               as
               the
               Pope
               is
               no
               longer
               present
               with
               them
               .
            
             It
             is
             true
             indeed
             that
             Gregory
             the
             thirteenth
             ,
             when
             hee
             purged
             Gratians
             Decrets
             ,
             puts
             those
             words
             upon
             Damasus's
             adversaries
             ,
             
             and
             (
             to
             helpe
             them
             for
             a
             shift
             )
             the
             ensuing
             words
             upon
             him
             ,
             
               Silly
               fooles
               that
               you
               are
               ,
               did
               you
               ever
               read
               of
               ought
               that
               was
               determined
               in
               them
               but
               by
               appointment
               from
               the
               See
               Apostolique
               ,
               and
               without
               having
               constant
               recourse
               to
               that
               See
               to
               consult
               when
               any
               matter
               of
               importance
               was
               in
               hand
               ?
            
          
           
             3
             Yet
             still
             this
             makes
             the
             validity
             of
             these
             Councels
             to
             depend
             upon
             the
             Popes
             authority
             :
             And
             Pope
             Gelasius
             is
             in
             the
             same
             tune
             ,
             saying
             ,
             
               That
               it
               is
               not
               lawfull
               to
               assemble
               any
               particular
               Councell
               ;
               nor
               was
               it
               ever
               permitted
               so
               to
               doe
               :
               but
               when
               any
               question
               was
               to
               bee
               resolved
               either
               touching
               some
               doubtfull
               passages
               in
               Generall
               Councels
               ,
               or
               touching
               salvation
               ,
               recourse
               was
               wont
               to
               bee
               had
               unto
               the
               See
               Apostolique
               .
            
             The
             severall
             Acts
             of
             Councels
             both
             Provinciall
             ,
             nationall
             ,
             and
             Generall
             holden
             in
             divers
             Countries
             ,
             may
             easily
             convince
             these
             domestique
             testimonies
             of
             falsity
             :
             in
             asmuch
             as
             it
             is
             plainly
             evident
             from
             them
             that
             those
             Councels
             were
             holden
             without
             the
             presence
             ,
             authority
             ,
             or
             consent
             of
             the
             Popes
             ;
             and
             yet
             withall
             they
             made
             some
             Canons
             whereof
             the
             Popes
             afterwards
             served
             themselves
             ;
             and
             were
             well
             content
             they
             should
             be
             enrolled
             in
             their
             books
             .
          
           
             4
             Wee
             have
             also
             divers
             presidents
             of
             sundry
             Councels
             holden
             against
             the
             the
             Popes
             :
             as
             that
             of
             Rome
             called
             by
             Otho
             the
             Emperour
             against
             Pope
             Iohn
             the
             12
             ,
             about
             the
             yeer
             956
             :
             Another
             called
             about
             1040
             by
             the
             Emperour
             Henry
             the
             3
             ,
             against
             the
             Popes
             ,
             Bennet
             the
             9
             ,
             Sylvester
             the
             3
             ,
             and
             Gregory
             the
             6.
             
             That
             at
             Sutoy
             a
             town
             in
             Tuscany
             ,
             called
             by
             Henry
             the
             4
             Emperour
             ,
             against
             Bennet
             the
             10
             ,
             ann
             .
             1058
             :
             That
             at
             Brixine
             called
             by
             the
             same
             Emperour
             against
             Gregory
             the
             7.
             about
             the
             yeere
             1083
             :
             As
             also
             the
             first
             and
             second
             at
             Pisa
             ,
             the
             one
             against
             Gregory
             the
             12
             ,
             and
             Bennet
             the
             13
             ,
             the
             other
             against
             Iulius
             the
             second
             .
             There
             is
             not
             one
             of
             all
             these
             which
             was
             either
             called
             
             or
             consented
             unto
             by
             them
             at
             first
             ;
             
             and
             I
             am
             much
             deceived
             if
             ever
             they
             were
             confirmed
             by
             them
             after
             .
          
        
         
           
             CHAP.
             VI.
             That
             notwithstanding
             all
             these
             authorities
             ,
             the
             Popes
             doe
             arrogate
             unto
             themselves
             the
             power
             of
             calling
             Councels
             :
             and
             how
             long
             it
             is
             since
             they
             usurped
             it
             .
          
           
             1
             IT
             is
             not
             without
             good
             reason
             that
             wee
             have
             produced
             so
             many
             passages
             ,
             to
             prove
             by
             the
             testimony
             of
             all
             antiquity
             ,
             that
             the
             right
             of
             calling
             Councels
             belongs
             to
             the
             Emperours
             ,
             and
             not
             to
             the
             Popes
             ;
             and
             that
             their
             consent
             or
             advise
             was
             never
             required
             thereunto
             ;
             considering
             that
             ,
             if
             wee
             give
             ear
             to
             them
             ,
             there
             is
             no
             man
             how
             great
             soever
             hee
             bee
             in
             place
             ,
             that
             may
             interpose
             himselfe
             in
             this
             businesse
             but
             themselves
             .
             And
             if
             wee
             must
             stand
             to
             their
             words
             ,
             it
             is
             a
             judged
             case
             .
             Observe
             ,
             I
             pray
             you
             ,
             how
             they
             speake
             of
             it
             ;
             
             
               The
               power
               of
               calling
               Generall
               Councels
            
             (
             saith
             Pelagius
             the
             second
             )
             
               was
               by
               speciall
               priviledge
               devolved
               upon
               the
               See
               Apostolique
               by
               Saint
            
             Peter
             .
             And
             Leo
             the
             first
             ,
             that
             so
             belaboured
             the
             Emperours
             
               Theodosius
               ,
               Valentinian
            
             ,
             and
             Marcian
             ,
             to
             obtaine
             leave
             of
             them
             that
             a
             Generall
             Councell
             might
             be
             called
             ,
             saith
             in
             a
             certaine
             epistle
             of
             his
             directed
             to
             a
             Spanish
             Bishop
             ,
             
             
               Wee
               have
               sent
               out
               our
               letters
               to
               our
               brother-Bishops
               ,
               and
               summoned
               them
               to
               a
               Generall
               Councell
               .
            
             Sixtus
             the
             third
             saith
             ,
             
               Valentinian
               the
               Emperour
               hath
               called
               a
               Councel
               by
               authority
               from
               us
               .
            
             So
             Pope
             Marcellus
             and
             Iulius
             the
             first
             affirme
             ,
             
               That
               Councels
               cannot
               bee
               holden
               without
               the
               authority
               of
               the
               See
               of
            
             Rome
             .
          
           
             2
             As
             for
             Pelagius
             wee
             must
             tell
             him
             by
             his
             good
             leave
             ,
             that
             it
             is
             not
             true
             which
             hee
             saith
             ;
             and
             desire
             him
             to
             answer
             all
             the
             fore-cited
             authorities
             .
             And
             for
             Pope
             Leo
             ,
             if
             the
             will
             may
             passe
             for
             the
             deed
             ,
             it
             was
             hee
             that
             called
             the
             Councell
             indeed
             :
             for
             I
             doubt
             not
             but
             hee
             was
             as
             greedy
             of
             arrogating
             this
             to
             himselfe
             ,
             as
             the
             presidency
             ,
             for
             which
             hee
             was
             at
             daggers
             drawing
             with
             Dioscorus
             ,
             who
             ,
             as
             hee
             said
             ,
             had
             cozened
             him
             of
             it
             underhand
             .
             But
             it
             may
             be
             hee
             goes
             not
             so
             farre
             as
             some
             would
             beare
             us
             in
             hand
             :
             for
             he
             meanes
             onely
             of
             a
             Generall
             Councell
             of
             all
             the
             Bishops
             of
             Spaine
             ,
             but
             not
             of
             all
             Christendome
             .
             The
             entire
             passage
             ,
             which
             is
             mangled
             and
             cited
             by
             Bellarmine
             ,
             is
             (
             as
             wee
             have
             formerly
             alledged
             it
             )
             conceived
             in
             these
             termes
             ,
             
               Wee
               have
               sent
               out
               our
               letters
               to
               our
               brethren
               and
               fellow-Bishops
               of
            
             Tarraco
             ,
             Carthagena
             ,
             Portugall
             ,
             and
             Gallicia
             ,
             
               and
               have
               summoned
               them
               to
               a
               Generall
               Councell
               .
            
             And
             it
             seemes
             he
             much
             distrusted
             his
             owne
             power
             ;
             for
             hee
             addes
             ,
             
               But
               if
               any
               thing
               hinder
               the
               celebration
               of
               a
               Generall
               Councell
               ,
               (
               which
               God
               forbid
               )
               yet
               at
               least
               let
               the
               Clergy
               of
            
             Gallicia
             
               assemble
               themselves
            
             .
             Now
             he
             that
             should
             grant
             the
             Pope
             this
             power
             of
             calling
             a
             Councell
             of
             the
             Bishops
             of
             Spaine
             ,
             should
             give
             him
             onely
             the
             authority
             of
             a
             Patriarch
             in
             the
             West
             :
             but
             not
             in
             Africk
             ,
             nor
             in
             the
             East
             .
             So
             that
             there
             is
             nothing
             gotten
             by
             this
             place
             for
             the
             calling
             of
             Generall
             Councels
             :
             and
             for
             others
             we
             shall
             speak
             of
             them
             anon
             .
          
           
             3
             Now
             for
             Sixtus
             we
             will
             demurre
             upon
             an
             answer
             for
             him
             ,
             till
             such
             time
             as
             he
             hath
             proved
             unto
             us
             that
             the
             Emperour
             called
             that
             Councell
             which
             hee
             speaks
             of
             by
             authority
             from
             him
             .
             And
             for
             the
             saying
             of
             Mar●●llus
             and
             Iulius
             ,
             
             it
             is
             capable
             of
             a
             tolerable
             construction
             ;
             
             for
             they
             speake
             not
             of
             the
             calling
             ,
             but
             of
             the
             holding
             of
             Councels
             .
             'T
             is
             true
             indeed
             ,
             that
             for
             the
             holding
             of
             them
             ,
             they
             take
             too
             much
             upon
             them
             by
             the
             word
             Authority
             :
             they
             should
             have
             used
             another
             terme
             ,
             for
             that
             is
             too
             imperious
             to
             expresse
             what
             they
             intend
             .
             For
             all
             the
             authority
             they
             pretend
             to
             ,
             comes
             but
             to
             this
             ;
             
               That
               a
               Generall
               Councell
               cannot
               be
               holden
               ,
               unlesse
               they
               be
               called
               to
               it
               .
            
             Which
             we
             grant
             to
             be
             true
             .
             And
             this
             is
             the
             meaning
             of
             that
             old
             Ecclesiasticall
             Canon
             mentioned
             by
             some
             authours
             ,
             
             
               Which
               forbids
               the
               making
               of
               Decrees
               in
               the
               Church
               ,
               or
            
             (
             as
             Bellarmine
             expounds
             it
             )
             
               the
               celebration
               of
               Councels
               ,
               without
               the
               opinion
               and
               advise
               of
               the
               Bishops
               of
            
             Rome
             .
             The
             application
             which
             Pope
             Iulius
             the
             first
             makes
             of
             it
             ,
             clearly
             proves
             as
             much
             ;
             when
             hee
             complaines
             that
             hee
             was
             not
             called
             to
             the
             Councell
             of
             Antioch
             ,
             where
             Athanasius
             was
             condemned
             ,
             charging
             them
             for
             that
             with
             the
             breach
             of
             that
             Canon
             .
             Iulius
             (
             saith
             Socrates
             )
             
               in
               his
               letters
               to
               the
               Bishops
               of
               the
               Councell
               of
            
             Antioch
             ,
             
             
               tels
               them
               they
               had
               offended
               against
               the
               Canons
               of
               the
               Church
               ,
               in
               that
               they
               called
               not
               him
               to
               the
               Councell
               :
               Forasmuch
               as
               the
               Ecclesiasticall
               Canon
               forbids
               the
               making
               of
               any
               Decrees
               in
               the
               Church
               without
               the
               opinion
               and
               advise
               of
               the
               Bishop
               of
            
             Rome
             .
          
           
             4
             And
             Sozomen
             saith
             ;
             
             Iulius
             
               writ
               to
               the
               Bishops
               which
               were
               assembled
               at
            
             Antioch
             ,
             
               accusing
               them
               for
               seeking
               after
               novelties
               ,
               contrary
               to
               the
               faith
               and
               beliefe
               of
               the
            
             Nicene
             
               Councell
               ,
               and
               contrary
               to
               the
               lawes
               of
               the
               Church●
               for
               not
               calling
               him
               to
               the
               Councell
               :
               Forasmuch
               as
               ,
               by
               virtue
               of
               a
               law
               made
               in
               behalf
               of
               the
               dignity
               of
               Priests
               ,
               all
               Decrees
               are
               invalid
               which
               are
               enacted
               without
               the
               opinion
               and
               advise
               of
               the
               Pope
               of
            
             Rome
             .
             Hence
             Bellarmine
             infers
             ,
             that
             Councels
             cannot
             bee
             held
             ,
             unlesse
             they
             bee
             called
             by
             the
             Pope
             ;
             and
             yet
             Pope
             Iulius
             doth
             not
             complaine
             that
             hee
             did
             not
             call
             the
             Councel
             ,
             but
             that
             it
             was
             kept
             and
             hee
             never
             called
             unto
             it
             .
             Whereof
             hee
             had
             just
             occasion
             to
             complaine
             ,
             considering
             that
             a
             Councell
             cannot
             be
             termed
             Generall
             ,
             nor
             any
             Decrees
             and
             Canons
             made
             to
             binde
             the
             whole
             Church
             Catholique
             ,
             unlesse
             all
             those
             which
             ought
             to
             bee
             present
             ,
             especially
             the
             Patriarches
             ,
             bee
             lawfully
             called
             thereunto
             .
          
           
             5
             Nor
             is
             this
             any
             speciall
             priviledge
             to
             the
             Bishop
             of
             Rome
             ,
             but
             a
             right
             common
             to
             him
             with
             all
             other
             Patriarches
             ;
             who
             ought
             of
             necessity
             to
             bee
             summoned
             to
             all
             Generall
             Councels
             .
             And
             this
             is
             the
             reason
             why
             the
             second
             Councell
             of
             Constantinople
             is
             not
             accounted
             properly
             Generall
             ,
             because
             all
             the
             Patriarches
             were
             not
             there
             .
             
             However
             (
             saith
             Balsamon
             )
             
               the
               Synod
               of
            
             Constantinople
             
               be
               no
               Generall
               Councell
               ,
               because
               the
               other
               Patriarches
               were
               not
               there
               ;
               yet
               is
               it
               greater
               than
               all
               other
               Synods
               ,
               and
               the
               Archbishop
            
             of
             that
             See
             
               is
               styled
               ,
               Vniversall
               Patriarch
            
             .
          
           
             6
             For
             this
             cause
             also
             ,
             Nestorius
             ,
             when
             hee
             was
             summoned
             to
             appeare
             at
             the
             Councell
             of
             Ephesus
             ,
             
             answered
             ,
             that
             hee
             would
             ,
             so
             as
             soone
             as
             Iohn
             the
             Patriarch
             of
             Antioch
             was
             come
             thither
             :
             for
             all
             the
             rest
             were
             there
             already
             ;
             to
             wit
             ,
             hee
             of
             Rome
             ,
             and
             hee
             of
             Alexandria
             in
             the
             person
             of
             Cyrill
             ,
             as
             also
             he
             of
             Ierusalem
             :
             and
             for
             the
             other
             of
             Constantinople
             he
             was
             the
             man
             whose
             case
             was
             then
             in
             question
             .
             And
             this
             was
             the
             reason
             why
             the
             Patriarch
             of
             Antioch
             was
             so
             highly
             offended
             with
             Cyrill
             ,
             (
             who
             would
             not
             vouchsafe
             to
             stay
             for
             him
             )
             that
             being
             come
             after
             the
             sentence
             of
             deposition
             against
             Nestorius
             ,
             hee
             bandyed
             with
             his
             owne
             Bishops
             against
             Cyrill
             ,
             and
             excommunicated
             him
             .
          
           
             7
             The
             eigh●h
             Generall
             Councel
             ,
             after
             the
             arrivall
             of
             the
             Patriarch
             of
             Alexandria's
             deputy
             ,
             who
             came
             somewhat
             tardy●
             
             
               Gave
               thanks
               to
               God
               at
               his
               comming
               ,
               because
               hee
               supplyed
               what
               was
               wanting
               to
               a
               Generall
               Councell
               ,
               and
               made
               it
               most
               compleat
               .
            
             And
             Basil
             the
             Emperour
             calls
             those
             five
             Patriarches
             ,
             
               The
               five
               Architects
               of
               the
               Ecclesiasticall
               tabernacle
               .
               Zonaras
            
             calls
             the
             same
             Patriarches
             constantly
             ,
             
               The
               Keyes
               or
               Princes
               of
               the
               Councell
            
             :
             as
             when
             hee
             speakes
             of
             the
             
             Generall
             Councels
             of
             Ephesus
             ,
             
             the
             first
             of
             Constantinople
             and
             Chalcedon
             :
             wee
             shall
             urge
             the
             words
             when
             wee
             come
             to
             speake
             of
             the
             presidency
             .
          
           
             8
             The
             authour
             of
             the
             booke
             entitled
             ,
             Councels●
             doth
             the
             like
             .
             Nay
             they
             were
             not
             only
             called
             to
             Generall
             Councels
             ,
             but
             the
             custome
             was
             ,
             for
             honours
             sake
             ,
             
             to
             wait
             for
             them
             certaine
             daies
             ,
             when
             they
             did
             not
             come
             at
             the
             day
             appointed
             .
             So
             they
             stayed
             sixteen
             dayes
             after
             the
             time
             was
             expired
             ,
             for
             the
             Patriarch
             of
             Antioch
             at
             the
             Councell
             of
             Ephesus
             .
             It
             were
             good
             reason
             to
             give
             the
             like
             respect
             to
             him
             of
             Rome
             ;
             and
             so
             they
             should
             doe
             ,
             yet
             not
             so
             as
             that
             they
             should
             forthwith
             breake
             up
             the
             Councell
             ,
             or
             totally
             deferre
             it
             till
             his
             comming
             ;
             or
             pronounce
             all
             things
             null
             and
             invalid
             which
             were
             concluded
             upon
             without
             him
             .
             It
             should
             suffice
             that
             hee
             was
             duely
             summoned
             as
             the
             rest
             of
             the
             Patriarches
             .
          
           
             9
             Hereupon
             Talasius
             Bishop
             of
             Cesarea
             in
             Cappadocia
             ,
             upon
             a
             report
             which
             was
             current
             in
             the
             Councell
             of
             Ephesus
             ,
             that
             Pope
             Leo's
             Legats
             had
             beene
             summoned
             ,
             and
             yet
             disdained
             to
             appeare
             ,
             said
             ,
             
             
               Seeing
               so
               much
               hath
               been
               done
               as
               was
               decent
               and
               convenient
               for
               the
               Holy
               Councell
               to
               doe
               ,
               I
               hold
               it
               no
               way
               necessary
               to
               delay
               the
               time
               any
               longer
               .
            
             It
             will
             bee
             answered
             that
             this
             Synod
             is
             rejected
             by
             the
             Pope
             .
             It
             is
             true
             ;
             yet
             for
             all
             that
             the
             beginning
             of
             it
             was
             lawfull
             ,
             and
             the
             calling
             of
             it
             duely
             performed
             ;
             so
             that
             it
             is
             neither
             impertinencie
             nor
             contradiction
             to
             affirme
             ,
             That
             the
             saying
             of
             that
             Bishop
             was
             true
             ,
             and
             yet
             the
             Synod
             was
             rejected
             .
          
           
             10
             The
             eight
             General
             Councel
             having
             expected
             the
             Popes
             Legats
             for
             certaine
             dayes
             ,
             and
             seeing
             they
             came
             not
             ,
             tooke
             this
             ensuing
             resolution
             ,
             
             
               Considering
               the
               deputies
               for
               the
               See
               of
               old
            
             Rome
             
               have
               bee●e
               a
               long
               time
               expected
               ,
               and
               that
               it
               is
               against
               all
               reason
               to
               wait
               for
               them
               any
               longer
               ,
               wee
               hold
               it
               an
               unbeseeming
               thing
               to
               slight
               and
               endanger
               the
               tottering
               Church
               of
               our
               Saviour
               Iesus
               Christ
               by
               such
               delayes
               .
            
          
           
             11
             Wee
             are
             onely
             put
             to
             the
             pinch
             to
             finde
             out
             when
             this
             Ecclesiasticall
             Canon
             whereof
             we
             speake
             ,
             was
             made
             ,
             and
             who
             are
             the
             author
             of
             it
             .
             Bellarmine
             holds
             it
             is
             one
             of
             the
             Canons
             of
             the
             Apostles
             ,
             
             and
             urgeth
             Pope
             Marcellus's
             authority
             to
             prove
             it
             .
             But
             Marcellus
             onely
             fathers
             it
             upon
             the
             Apostles
             ,
             or
             their
             successors
             ,
             so
             that
             for
             all
             him
             the
             author
             might
             as
             well
             be
             a
             Pope
             as
             an
             Apostle
             .
             Besides
             ,
             if
             so
             ,
             then
             wee
             should
             find
             it
             amongst
             the
             Canons
             of
             the
             Apostles
             ,
             whose
             greatest
             number
             is
             determined
             by
             the
             Synod
             at
             Constantinople●
             in
             Trullo
             ,
             but
             to
             be
             fourscore
             and
             five
             ;
             howbeit
             others
             reckon
             fewer
             ,
             some
             fifty
             ,
             some
             sixty
             ,
             some
             seventy
             .
             Bellarmine
             ,
             upon
             the
             testimony
             of
             Pope
             Iulius
             the
             first
             ,
             and
             the
             Councell
             of
             Alexandria
             ,
             saith
             ,
             this
             Canon
             was
             renewed
             by
             the
             Nicene
             Councell
             .
             But
             we
             finde
             no
             such
             matter
             in
             the
             Acts
             and
             Decrees
             of
             the
             Councell
             of
             Nice
             .
             Nor
             is
             it
             likely
             it
             should
             herein
             give
             any
             advantage
             to
             the
             Pope
             ,
             seeing
             that
             in
             the
             sixth
             and
             seventh
             Canons
             ,
             by
             limiting
             his
             power
             and
             jurisdiction
             ,
             it
             makes
             him
             equall
             to
             other
             Patriarchs
             .
             
               A●
               for
               the
               Councell
            
             ;
             Councels
             sometimes
             equivocate
             in
             their
             quotations
             .
             It
             is
             said
             in
             the
             Synod
             of
             Carthage
             ,
             that
             Priests
             are
             enjoyned
             by
             the
             Nicene
             Councell
             to
             make
             their
             oblations
             fasting
             ;
             and
             yet
             Balsamon
             assures
             us
             that
             there
             is
             no
             such
             thing
             determined
             in
             the
             Councell
             ;
             nor
             indeed
             can
             we
             finde
             ought
             of
             it
             in
             the
             Acts
             which
             are
             extant
             among
             us
             at
             this
             day
             .
             So
             likewise
             the
             Pope
             did
             equivocate
             ,
             who
             would
             have
             made
             the
             Councell
             of
             Carthage
             believe
             that
             there
             was
             a
             reservation
             in
             the
             Councell
             of
             Nice
             ,
             for
             appeals
             to
             him
             .
          
           
             12
             It
             may
             bee
             answered
             that
             wee
             have
             not
             at
             this
             day
             all
             the
             Canons
             and
             Decrees
             of
             the
             Nicene
             Councell
             extant
             :
             
             But
             I
             reply
             ,
             That
             it
             is
             not
             pretended
             that
             there
             were
             any
             more
             than
             twenty
             Decrees
             ,
             touching
             Ecclesiasticall
             Discipline
             :
             Now
             all
             those
             wee
             have
             ;
             and
             the
             power
             of
             calling
             Councels
             ,
             which
             is
             the
             point
             in
             question
             ,
             is
             a
             matter
             of
             discipline
             .
             As
             for
             those
             which
             concerne
             points
             of
             faith
             ,
             it
             skils
             not
             for
             the
             present
             whether
             there
             be
             more
             or
             fewer
             of
             
             them
             .
             Yet
             I
             suspect
             somewhat
             which
             is
             not
             improbable
             ;
             namely
             ,
             
             that
             the
             confirmation
             of
             that
             Ecclesiasticall
             Canon
             ,
             which
             hee
             af●irmeth
             to
             have
             beene
             made
             by
             the
             Councell
             of
             Nice
             ,
             must
             bee
             referred
             to
             that
             which
             is
             ordained
             in
             the
             sixth
             Canon
             :
             Where
             it
             is
             said
             ,
             
               That
               it
               is
               a
               plaine
               case
               ,
               that
               if
               any
               bee
               ordained
               Bishop
               without
               the
               opinion
               and
               advise
               of
               the
               Metropolitan
               ,
               hee
               ought
               not
               to
               bee
               acknowledged
               for
               such
               .
            
             For
             this
             ought
             to
             bee
             extended
             to
             all
             things
             which
             are
             treated
             of
             by
             an
             assembly
             of
             Bishops
             :
             So
             Balsamon
             expounds
             it
             ,
             who
             after
             hee
             had
             said
             ,
             
               Forasmuch
               as
               the
               Bishop
               of
            
             Rome
             
               is
               Patriarch
               of
               the
               Westerne
               Provinces
               ,
            
             hee
             addes
             ,
             
               The
               Canons
               meane
               that
               Patriarches
               should
               be
               above
               Metropolitans
               ,
               and
               Metropolitans
               above
               Bishops
               ;
               to
               the
               intent
               that
               no
               matter
               of
               moment
               and
               importance
               bee
               done
               by
               the
               Bishops
               without
               them
               .
            
             Now
             the
             Pope
             gaines
             nothing
             by
             all
             this
             ,
             for
             any
             Patriarch
             may
             serve
             himselfe
             of
             this
             Canon
             ,
             and
             apply
             it
             to
             his
             owne
             cause
             .
             So
             likewise
             it
             is
             probable
             that
             the
             old
             Canon
             which
             was
             made
             hereabout
             ,
             spoke
             not
             of
             the
             Bishop
             of
             Rome
             in
             particular
             ,
             but
             had
             reference
             to
             all
             the
             other
             Patriarches
             and
             Metropolitans
             ;
             and
             that
             Pope
             Iulius
             ,
             being
             the
             first
             that
             complained
             of
             the
             breach
             of
             it
             ,
             alledged
             that
             Canon
             as
             if
             it
             had
             beene
             particularly
             in
             favour
             of
             himselfe
             ,
             howbeit
             it
             was
             conceived
             in
             generall
             termes
             .
             And
             indeed
             hee
             is
             the
             speaker
             both
             in
             Socrates
             and
             Sozomen
             ;
             
             and
             those
             who
             afterwards
             mentioned
             the
             complaint
             or
             accusation
             which
             hee
             commenced
             against
             the
             Bishops
             in
             the
             Councell
             of
             Antioch
             ,
             in
             imitation
             of
             his
             words
             ,
             have
             also
             restrained
             the
             Canon
             to
             particular
             termes
             ,
             howbeit
             at
             the
             first
             it
             ran
             in
             generall
             .
          
           
             13
             If
             this
             exposition
             will
             not
             give
             all
             the
             world
             content
             ,
             wee
             may
             say
             that
             that
             Canon
             being
             made
             ,
             as
             it
             is
             probable
             ,
             by
             the
             Bishops
             of
             the
             East
             ,
             they
             ordained
             that
             they
             should
             not
             set
             out
             any
             generall
             Decrees
             ,
             nor
             hold
             any
             Synodicall
             assemblies
             ,
             without
             calling
             in
             the
             Bishop
             of
             Rome
             unto
             them
             ,
             by
             that
             meanes
             to
             preserve
             the
             union
             of
             the
             Churches
             :
             Decreeing
             thus
             much
             in
             favour
             of
             him
             ,
             rather
             than
             any
             other
             in
             consideration
             of
             his
             remotenesse
             :
             as
             also
             ,
             for
             the
             same
             reason
             ,
             they
             allowed
             him
             to
             nominate
             some
             Greek
             Bishops
             for
             his
             Legats
             :
             
             
               A
               way
               was
               invented
            
             (
             saith
             Balsamon
             )
             
               because
               of
               the
               length
               of
               the
               way
               ,
               that
               the
               Pope
               should
               have
               Legats
               out
               of
               our
               quarters
               ,
               yet
               were
               they
               not
               therefore
               under
               him
               .
            
             For
             all
             this
             wee
             will
             never
             deny
             but
             by
             the
             See
             of
             Rome
             was
             alwayes
             held
             in
             honourable
             esteem
             ,
             both
             for
             the
             glory
             of
             the
             Citie
             ,
             which
             was
             the
             head
             of
             the
             Empire
             ,
             and
             the
             sanctity
             of
             the
             Bishops
             in
             those
             dayes
             ;
             nor
             that
             much
             reverence
             and
             respect
             was
             ever
             given
             unto
             it
             ;
             though
             not
             such
             and
             so
             much
             as
             they
             now
             take
             upon
             them
             .
             And
             hence
             it
             is
             that
             the
             Bishops
             in
             the
             Councell
             of
             Rome
             ,
             writing
             to
             the
             Bishops
             of
             Illyrium
             ,
             amongst
             other
             reasons
             which
             they
             urge
             for
             the
             rejection
             of
             the
             Councel
             of
             Ariminum
             ,
             bring
             this
             for
             one
             ,
             because
             certaine
             Bishops
             ,
             whom
             they
             there
             mention
             ,
             never
             consented
             unto
             it
             ,
             and
             amongst
             others
             the
             Bishop
             of
             Rome
             ;
             
             
               Of
               whose
               opinion
               and
               advise
               speciall
               regard
               ought
               to
               bee
               had
               above
               all
               others
               .
            
          
           
             14
             It
             may
             furthermore
             bee
             said
             ,
             and
             that
             not
             unlikely
             ,
             that
             this
             Canon
             was
             first
             made
             at
             that
             Councell
             ,
             
             which
             some
             say
             was
             holden
             at
             Alexandria
             in
             Palestine
             ,
             about
             the
             grand
             controversie
             concerning
             the
             keeping
             of
             Easter
             day
             ;
             if
             so
             be
             it
             bee
             true
             ,
             which
             is
             reported
             ,
             that
             Pope
             Victor
             was
             present
             there
             in
             person●
             together
             with
             Narcissus
             Patriarch
             of
             
               Ierusalem
               ,
               Theophilus
            
             Bishop
             of
             Cesarea
             ,
             and
             Ireneus
             Bishop
             of
             Lyons
             :
             considering
             that
             (
             as
             Eusebius
             relates
             )
             about
             the
             same
             time
             there
             were
             sundry
             Canons
             and
             Decrees
             made
             in
             sundry
             Councels
             concerning
             that
             controversie
             :
             which
             might
             very
             well
             give
             occasion
             to
             all
             those
             Patriarches
             and
             Bishops
             there
             met
             together
             ,
             to
             ordaine
             ,
             for
             the
             better
             avoiding
             of
             such
             difference
             for
             the
             future
             ,
             and
             preserving
             the
             union
             of
             the
             Church
             ,
             that
             from
             thenceforth
             no
             universall
             Decrees
             should
             be
             made
             ,
             unlesse
             all
             the
             Patriarches
             or
             Metropolitans
             were
             first
             called
             .
          
           
             15
             Yet
             for
             all
             this
             I
             doe
             much
             suspect
             that
             Councell
             of
             Alexandria
             ,
             especially
             
             in
             that
             forme
             wherein
             it
             is
             presented
             to
             us
             ;
             
             it
             being
             very
             improbable
             that
             both
             Victor
             and
             Ireneus
             should
             bee
             there
             in
             person●
             and
             without
             question
             it
             is
             a
             mistake
             of
             our
             later
             Historians
             ,
             who
             misconceived
             the
             words
             of
             Eusebius
             ,
             
             telling
             us
             that
             about
             the
             same
             time
             there
             were
             divers
             Councels
             holden
             upon
             occasion
             of
             that
             divers
             celebration
             of
             Easter
             ,
             (
             which
             some
             kept
             upon
             the
             fourteenth
             day
             of
             the
             moon
             ,
             the
             same
             day
             upon
             which
             the
             Passeover
             was
             kept
             ,
             others
             upon
             the
             sunday
             after
             )
             as
             in
             Palestine
             by
             Theophilus
             and
             Narcissus
             ,
             at
             Rome
             by
             Victor
             ,
             in
             France
             by
             Ireneus
             ,
             and
             by
             others
             in
             other
             places
             .
             And
             indeed
             that
             quarrell
             was
             not
             then
             accorded
             ,
             but
             continued
             till
             the
             Councell
             of
             Nice
             ;
             so
             that
             wee
             are
             yet
             to
             seeke
             for
             the
             authours
             of
             that
             Canon
             ,
             nor
             is
             there
             any
             body
             that
             can
             tell
             us
             any
             newes
             of
             them
             .
             But
             be
             hee
             who
             he
             will
             ,
             it
             may
             suffice
             that
             wee
             have
             set
             downe
             the
             true
             meaning
             of
             it
             .
          
           
             16
             Let
             not
             then
             Bellarmine
             and
             Baronius
             ,
             and
             all
             those
             that
             speake
             of
             it
             ,
             give
             any
             more
             right
             to
             the
             Pope
             by
             virtue
             of
             that
             Canon
             ,
             than
             hee
             himselfe
             pretended
             to
             have
             .
             For
             Iulius
             never
             complained
             that
             the
             Councell
             was
             called
             by
             another
             ,
             and
             not
             by
             himselfe
             :
             nor
             yet
             that
             the
             designe
             of
             holding
             the
             Councell
             was
             concluded
             upon
             without
             acquainting
             him
             with
             it
             ,
             but
             onely
             because
             he
             was
             not
             called
             unto
             it
             .
             
             I
             know
             very
             well
             that
             the
             Popes
             afterwards
             have
             beene
             taught
             to
             speake
             another
             language
             .
             Did
             I
             say
             afterwards
             ?
             nay
             even
             before
             too
             ,
             even
             those
             that
             lived
             before
             the
             Nicene
             Councell●
             who
             tell
             us
             wonders
             of
             the
             authoritie
             of
             their
             See
             ;
             who
             (
             as
             they
             say
             )
             command
             the
             Pagan
             Emperours
             ,
             and
             make
             lawes
             and
             rules
             against
             them
             ;
             who
             arrogate
             unto
             themselves
             the
             appeales
             from
             other
             Bishops
             ,
             and
             the
             jurisdiction
             of
             making
             all
             causes
             of
             their
             cognizance
             ;
             who
             foist
             in
             other
             Canons
             and
             D●crees
             of
             the
             Nicene
             Councell
             upon
             us
             ,
             than
             those
             which
             were
             approved
             of
             ,
             and
             for
             their
             owne
             advantage
             :
             who
             in
             case
             of
             appeale
             from
             other
             Bishops
             ,
             goe
             beyond
             the
             bastard
             Canon
             of
             Nice
             ,
             which
             the
             Popes
             ,
             to
             their
             owne
             shame
             and
             confusion
             ,
             would
             have
             had
             legitimated
             by
             the
             Councels
             of
             Africke
             :
             who
             would
             perswade
             us
             also
             that
             it
             belongs
             to
             them
             to
             call
             Councels
             ,
             to
             preside
             in
             them
             ,
             to
             ratifie
             and
             confirme
             them
             ,
             although
             in
             those
             dayes
             there
             was
             no
             such
             matter
             .
             Those
             good
             Bishops
             (
             I
             say
             )
             who
             never
             thought
             of
             ought
             but
             martyrdome
             and
             tortures
             ,
             have
             beene
             made
             to
             speake
             after
             their
             death
             ,
             what
             their
             life
             disavowed
             and
             gave
             the
             lye
             unto
             .
          
           
             17
             But
             seeing
             that
             the
             rude
             and
             ignorant
             style
             of
             those
             Decrees
             betrayeth
             the
             asse
             unto
             us
             by
             the
             eares
             ;
             that
             this
             new
             plant
             could
             never
             yet
             take
             root
             in
             the
             understanding
             of
             the
             learned
             ;
             that
             the
             Popes
             owne
             Canons
             give
             us
             just
             cause
             of
             suspicion
             against
             them
             ,
             inasmuch
             as
             they
             informe
             us
             that
             the
             most
             ancient
             Decrees
             in
             this
             kinde
             are
             those
             of
             Sylvester
             and
             Siricius
             ,
             
             so
             that
             our
             predecessors
             long
             agoe
             rejected
             all
             those
             other
             which
             were
             said
             to
             be
             more
             ancient
             ,
             upon
             this
             ground
             ,
             because
             they
             were
             no
             where
             to
             be
             ●ound
             in
             that
             
               Codex
               Canonum
            
             which
             they
             used
             in
             their
             dayes
             ;
             &
             besides
             that
             our
             Gratian
             assures
             us
             ,
             that
             ,
             excepting
             the
             twentie
             Decrees
             which
             we
             have
             of
             the
             Councell
             of
             Nice
             ,
             all
             the
             rest
             (
             if
             yet
             there
             be
             any
             other
             )
             are
             out
             of
             use
             and
             practice
             ,
             and
             not
             admitted
             in
             the
             Church
             of
             Rome
             ;
             wee
             will
             therefore
             forbeare
             that
             long
             discourse
             which
             we
             had
             prepared
             upon
             this
             subject
             ,
             and
             refuming
             our
             former
             thred
             will
             onely
             adde
             what
             was
             afterwards
             observed
             and
             practised
             ,
             which
             plainly
             proves
             our
             exposition
             to
             be
             true
             .
          
           
             
             18
             Our
             Lawyers
             tell
             us
             that
             when
             there
             is
             any
             controversie
             about
             the
             sense
             and
             meaning
             of
             a
             law
             ,
             speciall
             regard
             ought
             to
             be
             had
             of
             that
             sense
             which
             practice
             hath
             put
             upon
             it
             .
             Let
             us
             observe
             this
             rule
             in
             the
             exposition
             of
             our
             Canon
             .
             The
             question
             is
             ,
             
               Whether
               the
               Pope
               ought
               to
               call
               Councels
               ,
               or
               no
               :
            
             we
             finde
             by
             practice
             that
             the
             Popes
             did
             not
             call
             them
             ,
             but
             the
             Emperours
             ;
             and
             that
             they
             did
             so
             constantly
             ,
             the
             Popes
             seeing
             and
             knowing
             as
             much
             ;
             that
             they
             themselves
             have
             beene
             petitioners
             to
             the
             Emperours
             to
             get
             them
             called
             ;
             that
             they
             have
             
             appeared
             at
             the
             Councels
             upon
             command
             from
             them
             ;
             
             therefore
             we
             may
             well
             conclude
             ,
             they
             have
             no
             right
             at
             all
             ,
             by
             this
             Canon
             ,
             to
             call
             Councels
             .
          
           
             19
             We
             will
             adde
             furthermore
             ,
             that
             the
             Popes
             never
             complained
             of
             the
             Emperours
             for
             taking
             upon
             them
             that
             power
             of
             Convocation
             ;
             which
             doubtlesse
             they
             would
             have
             done
             ,
             if
             it
             had
             belonged
             to
             them
             of
             right
             ;
             for
             they
             have
             alwayes
             observed
             that
             rule
             to
             a
             haire
             .
             
               De
               vigilantibus
               non
               dor●ientibus
            
             .
             So
             as
             ,
             to
             say
             the
             truth
             ,
             no
             man
             can
             accuse
             them
             of
             negligence
             in
             preserving
             St.
             Peters
             patrimony
             ,
             which
             they
             have
             husbanded
             so
             well
             ,
             that
             their
             successors
             for
             the
             future
             need
             make
             no
             scruple
             of
             receiving
             it
             without
             an
             inventary
             .
          
           
             20
             We
             say
             moreover
             ,
             that
             it
             is
             but
             a
             little
             while
             agoe
             since
             they
             usurped
             this
             authoritie
             :
             for
             we
             doe
             not
             finde
             that
             ever
             they
             used
             it
             till
             the
             yeare
             1123●
             what
             time
             the
             first
             Councell
             of
             Lateran
             was
             holden
             ,
             Calixt
             the
             second
             being
             Pope
             ,
             and
             Henry
             the
             fifth
             Emperour
             .
             
             Platina
             saith
             that
             Pope
             held
             a
             Councell
             of
             nine
             hundred
             Bishops
             to
             consult
             about
             the
             sending
             of
             succours
             into
             the
             holy
             Land.
             Howsoever
             we
             must
             observe
             that
             this
             usurpation
             ,
             which
             they
             continued
             from
             thence
             forwards
             ,
             was
             not
             without
             all
             interruption
             ;
             for
             the
             Emperors
             alwayes
             kept
             a
             hanke
             of
             their
             right
             ,
             though
             it
             was
             but
             
               extrema
               quasi
               lacinia
            
             .
             They
             called
             divers
             Councels
             after
             that
             time
             ,
             as
             that
             of
             Pavy
             ,
             which
             was
             assembled
             by
             the
             Emperour
             Fredericke
             the
             first
             ,
             to
             determine
             the
             schisme
             betweene
             Victor
             and
             Alexander
             the
             third
             ,
             about
             the
             yeare
             1163
             or
             64
             :
             but
             it
             is
             not
             amisse
             to
             heare
             what
             language
             he
             useth
             in
             his
             letters
             of
             Convocation
             .
          
           
             21
             
               And
               for
               the
               prescribing
               of
               a
               remedy
               pleasing
               to
               God
               ,
            
             
             
               and
               proper
               for
               this
               disease
               ,
               we
               have
               resolved
               ,
               upon
               the
               advice
               of
               certaine
               godly
               and
               religious
               men
               ,
               to
               hold
               a
               generall
               Councell●
               which
               we
               appoint
               to
               be
               at
            
             Pavie
             .
             The
             author
             that
             relates
             these
             letters
             ,
             speakes
             thus
             of
             them
             .
             
             
               The
               Emperour
               supposing
               that
               the
               authority
               of
               calling
               a
               Councell
               appertained
               unto
               him
               ,
               after
               the
               example
               of
            
             Iustinian
             ,
             Theodosius
             ,
             and
             Charles
             ;
             
               and
               that
               the
               controversie
               could
               not
               be
               determined
               by
               any
               lawfull
               judgement
               ,
               unlesse
               both
               parties
               were
               summ●ned
               thereunto
               ,
               sent
               Bishops
               both
               to
               the
               one
               and
               the
               other
               to
               summon
               them
               .
            
             
             The
             same
             Emperour
             useth
             the
             same
             termes
             in
             his
             speech
             made
             at
             the
             opening
             of
             the
             Councell
             .
             He
             was
             also
             the
             man
             that
             called
             the
             Councell
             of
             Dijon
             about
             1165.
             
             
             It
             is
             true
             that
             Pope
             Alexander
             the
             third
             would
             not
             be
             seene
             there
             ,
             Because
             (
             saith
             Platina
             )
             
               he
               did
               not
               call
               it
               himselfe
               .
            
             But
             he
             raised
             that
             quarrell
             too
             soone
             ,
             considering
             that
             his
             right
             was
             not
             yet
             well
             caulked
             .
          
           
             22
             So
             likewise
             the
             Councels
             of
             Pisa
             and
             Constance
             were
             called
             by
             the
             Emperours
             .
             Now
             if
             the
             possession
             was
             afterwards
             lost
             by
             the
             negligence
             of
             the
             Emperours
             ,
             yet
             this
             is
             sufficient
             to
             bring
             a
             writ
             of
             Right
             ,
             and
             make
             an
             entry
             :
             for
             which
             triall
             the
             Emperours
             are
             better
             furnished
             of
             evidence
             than
             the
             Popes
             ;
             and
             besides
             they
             who
             should
             breathe
             nought
             but
             justice
             and
             honestie
             ,
             will
             voluntarily
             surrender
             unto
             Ces●r
             what
             of
             right
             belongs
             unto
             him
             .
          
           
             23
             What
             we
             here
             speake
             is
             concerning
             Generall
             Councels
             ,
             for
             as
             for
             Provinciall
             ,
             we
             deny
             not
             but
             the
             Popes
             have
             h●d
             authoritie
             to
             call
             them
             within
             the
             bounds
             of
             their
             owne
             territories
             ,
             as
             have
             also
             other
             Patriarchs
             and
             Metropolitans
             .
             *
             And
             yet
             those
             bounds
             are
             but
             very
             narrow
             :
             for
             wee
             doe
             not
             finde
             that
             they
             were
             extended
             over
             all
             the
             West
             :
             and
             what
             a
             Balsamon
             saith
             ,
             
               that
               the
               Bishop
               of
            
             Rome
             
               is
               the
               president
               of
               the
               Westerne
               provinces
               ,
            
             must
             be
             restrained
             unto
             Italy
             .
             And
             for
             matter
             of
             fact
             ,
             the
             Pope
             was
             neither
             seene
             nor
             heard
             ,
             in
             person
             nor
             by
             proxie
             ,
             at
             the
             Councell
             of
             b
             Cullen
             ,
             which
             consisted
             of
             the
             French
             and
             German
             Bishops
             ,
             and
             was
             assembled
             by
             the
             authoritie
             of
             the
             Emperour
             Charles
             the
             third
             ,
             
               Anno
               Dom.
            
             887.
             
          
           
             24
             Nor
             was
             hee
             at
             that
             of
             c
             Aquileia
             ,
             called
             by
             the
             Emperours
             Valentinian
             and
             Theodosius
             ,
             consisting
             of
             the
             Bishops
             of
             
               France
               ,
               Africke
            
             ,
             and
             other
             Provinces
             ,
             at
             which
             Saint
             Ambrose
             Bishop
             of
             Milan
             was
             present
             .
          
           
             25
             The
             like
             may
             be
             said
             of
             such
             as
             have
             beene
             holden
             in
             
               France
               ,
               Spaine
            
             ,
             and
             
             other
             Kingdomes
             or
             Provinces
             of
             the
             West
             ;
             
             the
             calling
             whereof
             b●longed
             either
             to
             the
             Primates
             and
             Metropolitanes
             ,
             or
             to
             the
             Kings
             and
             Princes
             .
          
           
             26
             So
             Maximus
             Patriarch
             of
             Ierusalem
             assembled
             the
             Bishops
             of
             Syria
             and
             Palestine
             to
             receive
             Athanasius
             into
             the
             communion
             of
             the
             Church
             ,
             and
             restore
             him
             to
             his
             former
             dignitie
             .
             
             So
             Athanasius
             himselfe
             after
             hee
             was
             called
             home
             out
             of
             exile
             by
             Iovinian
             the
             Emperour
             ,
             assembled
             a
             Councell
             of
             Bishops
             .
             But
             it
             would
             be
             tedious
             to
             heare
             all
             the
             examples
             which
             are
             extant
             about
             this
             subject
             .
             As
             for
             the
             calling
             by
             Kings
             and
             Princes
             we
             shall
             speake
             of
             that
             anon
             .
          
           
             27
             For
             the
             present
             we
             must
             answer
             an
             absurditie
             which
             Bellarmine
             presseth
             ,
             that
             in
             these
             dayes
             it
             would
             be
             impossible
             for
             any
             one
             to
             call
             a
             Generall
             Councell
             but
             the
             Pope
             :
             for
             as
             for
             the
             Emperour
             ,
             (
             to
             whom
             wee
             said
             it
             of
             right
             belongeth
             )
             he
             cannot
             doe
             it
             ,
             (
             saith
             he
             )
             because
             he
             hath
             no
             authoritie
             over
             Kings
             and
             Princes
             ;
             but
             ,
             on
             the
             other
             side
             ,
             the
             Pope
             hath
             over
             all
             Christendome
             .
             Bellarmine
             is
             deceived
             ;
             for
             the
             Pope
             in
             that
             respect
             hath
             scarce
             any
             more
             authoritie
             at
             this
             day
             than
             the
             Emperour
             .
             Let
             him
             cast
             up
             his
             count
             of
             those
             Kingdomes
             and
             Provinces
             which
             have
             withdrawne
             their
             obedience
             from
             him
             ,
             and
             he
             will
             finde
             that
             he
             hath
             misreckoned
             himselfe
             .
             All
             that
             Bellarmine
             can
             infer
             is
             this
             ,
             that
             we
             must
             talke
             no
             mor●
             of
             Generall
             Councels
             in
             these
             dayes
             ,
             seeing
             there
             is
             no
             man
             to
             call
             them
             with
             convenience
             and
             authoritie
             .
             Wee
             answer
             ,
             that
             he
             that
             should
             now
             undertake
             of
             his
             owne
             absolute
             power
             to
             call
             any
             ,
             should
             much
             deceive
             himselfe
             ,
             even
             the
             Pope
             not
             excepted
             .
             But
             that
             every
             one
             out
             of
             courtesie
             would
             be
             willing
             to
             hearken
             unto
             it
             .
             There
             is
             not
             a
             Prince
             in
             Christendome
             but
             yeelds
             the
             first
             degree
             of
             honour
             to
             the
             Emperour
             ,
             and
             would
             take
             in
             good
             part
             any
             gentle
             and
             kinde
             summons
             which
             should
             come
             from
             him
             ,
             for
             the
             holding
             of
             a
             Councell
             .
             
             The
             Emperour
             Fred●ricke
             the
             first
             found
             a
             way
             to
             assemble
             that
             of
             Pavy
             ,
             whereunto
             he
             summoned
             
               the
               Archbishops
               ,
               Bishops
               ,
               Abbats
               ,
               and
               other
               Ecclesiasticall
               persons
               ,
               as
               well
               in
               all
               his
               Empire
               ,
               as
               in
               other
               kingdomes
               ;
               to
               wit
               of
            
             England
             ,
             France
             ,
             Hungary
             ,
             Denmarke
             .
             And
             it
             is
             probable
             ,
             that
             when
             he
             made
             this
             convocation
             ,
             he
             writ
             of
             it
             in
             particular
             to
             those
             Christian
             Princes
             which
             were
             no
             subjects
             to
             the
             Empire
             :
             
             for
             the
             Acts
             
               of
               the
               Councell
            
             say
             in
             expresse
             termes
             .
             
               That
               the
               Kings
               of
            
             England
             ,
             Hungary
             ,
             Bohemia
             ,
             and
             Denmarke
             
               consented
               thereunto
            
             .
             So
             likewise
             the
             Emperour
             Sigismund
             called
             that
             of
             Constance
             :
             the
             Emperour
             Maximilian
             that
             of
             Pisa.
             
          
           
             27
             Although
             the
             Popes
             Primacy
             be
             not
             acknowledged
             by
             the
             Gre●k
             church
             ,
             yet
             he
             assembled
             the
             Councell
             of
             Ferrara
             ,
             where
             were
             present
             the
             Emperour
             of
             Greece
             ,
             the
             Patriarch
             of
             Constantinople
             ,
             and
             a
             great
             number
             of
             Greek
             Bishops
             .
             Let
             us
             never
             then
             make
             it
             a
             matter
             impossible
             ;
             it
             is
             fesable
             enough
             ,
             if
             we
             give
             our
             mindes
             to
             it
             .
             When
             the
             Pope
             called
             the
             Councell
             of
             Trent●
             he
             communicated
             it
             first
             and
             formost
             with
             Christian
             Princes
             ,
             and
             required
             their
             advice
             about
             it
             .
             
               Having
               asked
               the
               advice
            
             (
             saith
             Paul
             the
             third
             in
             his
             Bull
             of
             Convocation
             )
             
               and
               sounded
               the
               mindes
               of
               Christian
               Princes
               ,
               whose
               consent
               in
               the
               first
               place
               we
               thought
               usefull
               and
               convenient
               ,
               and
               finding
               them
               not
               averse
               from
               this
               our
               designe
               ,
               we
               have
               thereupou
               denounced
               the
               Councell
               .
            
             So
             King
             Charles
             the
             ninth
             became
             a
             suitor
             to
             the
             Pope
             and
             Princes
             of
             Christendome
             for
             the
             renewall
             of
             that
             Councell
             :
             for
             mark
             how
             he
             speakes
             of
             it
             in
             his
             letters
             directed
             to
             the
             Prelates
             of
             France
             to
             cause
             them
             goe
             thither
             .
             
               Although
               the
               present
               troubles
               of
               the
               Church
               have
               moved
               as
               to
               desire
               and
               procure
               by
               all
               meanes
               possible
               ,
               the
               holding
               of
               a
               Generall
               and
               Oecumenicall
               Councell
               ,
               and
               that
               our
               holy
               father
               the
               Pope
               ,
               the
               Emperour
               ,
               and
               other
               Christian
               Kings
               and
               Princes
               ,
               by
               their
               severall
               answers
               made
               upon
               our
               instant
               request
               and
               suit
               unto
               them
               thereabout
               ,
               doe
               make
               a
               faire
               show
               of
               being
               willing
               to
               hearken
               thereunto
               ,
               &c.
               
            
          
           
             
             28
             He
             did
             no
             more
             in
             this
             but
             imitate
             the
             patterne
             of
             other
             Kings
             his
             predecessors
             .
             Charles
             the
             sixt
             ,
             to
             make
             up
             the
             schisme
             betwixt
             Pope
             Boniface
             and
             Pope
             
               Bennet
               ,
               sent
               his
               Ambassadours
               to
               the
               Emperour
               ,
               the
               Kings
               of
            
             England
             ,
             Bohemia
             
             and
             Hungary
             ,
             
             
               to
               entreat
               them
               to
               have
               a
               regard
               to
               what
               concerned
               the
               publique
               good
               and
               quiet
               .
            
             The
             same
             King
             went
             so
             farre
             that
             he
             perswaded
             Wenceslaus
             the
             Emperour
             to
             come
             to
             Rhemes
             ,
             where
             there
             was
             a
             Generall
             Councell
             holden
             upon
             that
             occasion
             ,
             where
             the
             Ambassadours
             of
             the
             King
             of
             England
             ,
             and
             divers
             other
             nations
             ,
             were
             present
             .
          
        
         
           
             CHAP.
             VII
             .
             That
             the
             authority
             of
             calling
             Councels
             belongs
             also
             to
             Kings
             and
             Princes
             .
          
           
             1
             THese
             examples
             invite
             us
             to
             looke
             a
             little
             further
             into
             France
             ,
             and
             speake
             more
             fully
             concerning
             this
             point
             of
             calling
             Councels
             .
             And
             the
             rather
             because
             both
             our
             Kings
             and
             all
             other
             Princes
             of
             Christendome
             ,
             are
             deprived
             of
             this
             royal
             prerogative
             by
             the
             Councel
             of
             Trent
             ;
             and
             that
             in
             such
             sort
             that
             the
             Pope
             thereby
             enhanseth
             his
             owne
             greatnesse
             ,
             to
             whom
             all
             such
             Councels
             are
             bound
             to
             swear
             obedience
             ,
             and
             not
             to
             depend
             upon
             any
             but
             upon
             him
             .
             The
             Decree
             runnes
             thus
             ;
             
             
               Provinciall
               Councels
               if
               they
               have
               beene
               any
               where
               disused
               ,
               let
               them
               ,
               for
               reformation
               of
               manners
               ,
               correction
               of
               abuses
               ,
               composing
               of
               Controversies
               ,
               and
               such
               other
               ends
               as
               are
               allowed
               by
               holy
               Canons
               ,
               be
               brought
               up
               againe
               .
               Wherefore
               let
               the
               Metropolitans
               themselves
               ,
               or
               ,
               if
               there
               bee
               any
               lawfull
               impediment
               why
               they
               cannot
               ,
               the
               senior
               Bishop●
               within
               a
               yeare
               at
               the
               furthest
               ,
               after
               the
               end
               of
               this
               present
               Councell
               ,
               and
               after
               that
               once
               every
               three
               yeers
               at
               least
               ,
               after
               the
               octaves
               of
               the
               resurrection
               of
               our
               Lord
               Iesus
               Christ
               ,
               or
               at
               some
               other
               more
               convenient
               time
               ,
               according
               to
               the
               custome
               of
               the
               Countrey
               ,
               not
               faile
               to
               call
               a
               Synod
               in
               their
               severall
               Provinces
               .
            
          
           
             2
             And
             in
             anoth●r
             Session
             there
             is
             a
             strict
             injunction
             laid
             upon
             them
             ,
             
             
               That
               at
               the
               first
               Provinciall
               Synod
               which
               shall
               bee
               holden
               after
               the
               end
               of
               this
               present
               Councell
               ,
               they
               publiquely
               receive
               all
               and
               singular
               such
               things
               as
               have
               beene
               determined
               and
               ordained
               by
               this
               holy
               Synod
               ,
               and
               withall
               promise
               and
               professe
               true
               obedience
               to
               the
               Bishop
               of
               Rome
               .
            
             It
             remaines
             that
             wee
             prove
             this
             right
             of
             calling
             Councels
             to
             belong
             to
             our
             Kings
             within
             their
             owne
             Kingdome
             .
             In
             the
             collection
             of
             the
             liberties
             of
             the
             Gallicane
             Church
             ,
             there
             is
             this
             Article
             ;
             
               The
               most
               Christian
               Kings
               have
               alwayes
               ,
               as
               occasion
               and
               the
               necessities
               of
               their
               Countrey
               required
               ,
               assembled
               ,
               or
               caused
               to
               assemble
               ,
               Synods
               or
               Councels
               Provinciall
               and
               Nationall
               :
               Who
               among
               other
               things
               concerning
               the
               preservation
               of
               their
               State
               ,
               have
               also
               treated
               of
               such
               matters
               as
               concerned
               the
               order
               and
               Ecclesiasticall
               discipline
               of
               their
               Countrey
               :
               touching
               which
               they
               have
               caused
               rules
               ,
               Chapters
               ,
               lawes
               ,
               ordinances
               ,
               and
               Pragmaticall
               Sanctions
               to
               be
               made
               and
               set
               out
               under
               their
               name
               ,
               and
               by
               their
               authority
               .
            
             Wee
             read
             another
             Article
             of
             this
             straine
             in
             the
             third
             Chapter
             of
             the
             Remonstrance
             made
             by
             the
             Parliament
             of
             Paris
             to
             Lewes
             the
             eleventh
             .
          
           
             3
             Nor
             is
             there
             ought
             in
             all
             this
             but
             is
             well
             backed
             by
             such
             examples
             and
             authorities
             as
             shall
             bee
             pro●uced
             .
             We
             begin
             then
             with
             Clovis
             our
             first
             Christian
             King
             ,
             by
             whose
             command
             the
             first
             Councell
             at
             Orleans
             was
             assembled
             about
             the
             yeer
             506.
             
             So
             say
             the
             Bishops
             that
             met
             there
             in
             the
             letters
             which
             they
             sent
             unto
             him
             .
             
             
               To
               their
               Lord
               ,
               the
               most
               illustrious
               King
            
             Clovis
             ,
             
               the
               sonne
               of
               the
               Catholique
               
               Church
               .
               All
               the
               Clergy
               whom
               you
               commanded
               to
               come
               unto
               the
               Councell
               .
            
             
             So
             likewise
             the
             second
             Councel
             of
             Orleans
             was
             holden
             in
             the
             yeer
             533.
             by
             command
             from
             King
             Childebert
             ;
             which
             is
             mentioned
             in
             the
             subscription
             of
             the
             Bishop
             of
             Bruges
             :
             and
             it
             is
             said
             in
             the
             Preface
             ,
             
             
               Wee
               are
               here
               assembled
               in
               the
               citie
               of
            
             Orleans
             ,
             
               by
               the
               command
               of
               our
               most
               illustrious
               Kings
               .
            
             The
             fifth
             of
             Orleans
             was
             called
             by
             King
             Cherebert
             ,
             the
             yeer
             549.
             
             
               Wherefore
               the
               most
               mild
               and
               invincible
               Prince
            
             Cherebert
             ,
             
               having
               assembled
               the
               Clergy
               in
               the
               citie
               of
            
             Orleans
             ,
             &c.
             
             The
             second
             of
             Paris
             was
             called
             by
             King
             
               Childebert
               ,
               ann
            
             .
             558.
             
             
               Being
               met
               in
               the
               citie
               of
            
             Paris
             ,
             (
             they
             are
             the
             words
             of
             the
             fathers
             of
             it
             )
             
               by
               the
               command
               of
               our
               most
               illustrious
               King
            
             Childebert
             .
             The
             first
             of
             Mascon
             by
             King
             Guntrand
             ,
             in
             the
             yeer
             576.
             
             
               Wee
               being
               assembled
               in
               the
               towne
               of
            
             Mascon
             ,
             
               by
               the
               command
               of
               our
               most
               illustrious
               King
            
             Guntrand
             .
          
           
             
             4
             The
             second
             of
             Valencia
             was
             called
             by
             him
             also
             in
             the
             yeer
             588
             ,
             and
             it
             hath
             the
             same
             Preface
             .
             He
             called
             also
             the
             2
             of
             Mascon
             the
             same
             yeer
             588
             ;
             and
             afterwards
             by
             his
             Edict
             confirmed
             the
             Decrees
             thereof
             ,
             as
             made
             by
             his
             commandement
             .
             Wherefore
             (
             saith
             hee
             )
             
               wee
               will
               and
               command
               ,
               that
               whatsoever
               is
               contained
               in
               this
               our
               Edict
               ,
               bee
               for
               ever
               observed
               and
               kept
               ,
               forasmuch
               as
               wee
               have
               taken
               paines
               to
               cause
               it
               to
               bee
               so
               determined
               at
               the
               holy
               Synod
               of
            
             Mascon
             .
             That
             of
             Cavallon
             in
             Provence
             ,
             or
             (
             as
             others
             fancie
             )
             of
             Ch●alons
             upon
             the
             Saon
             ,
             was
             holden
             in
             the
             y●er
             658
             ,
             
               By
               the
               call
               and
               appointment
               of
               the
               Illustrious
               King
            
             Clovis
             .
             The
             Synod
             which
             was
             held
             in
             
               France
               ,
               ann
            
             .
             742
             ,
             was
             called
             by
             C●●loman
             ,
             as
             hee
             himselfe
             witnesseth
             in
             the
             Preface
             thereunto
             ;
             I
             Carloman
             ,
             
               Duke
               and
               Prince
               of
               the
            
             French
             ,
             
               with
               the
               advice
               of
               the
               servants
               of
               God
               ,
               and
               the
               chiefe
               Lords
               of
               the
               Land
               ,
               have
               assembled
               in
               a
               Councell
               all
               the
               Bishops
               of
               my
               Kingdome
               ,
               together
               with
               the
               Priests
               ,
               in
               the
            
             742
             
               yeere
               of
               Christs
               incarnation
            
             .
          
           
             
             5
             In
             the
             time
             of
             King
             
               Childeric
               ,
               Pepin
            
             ,
             who
             then
             ruled
             all
             the
             rost
             ,
             called
             a
             Councell
             at
             Soissons
             ,
             in
             the
             yeer
             744●
             where
             hee
             assisted
             in
             person
             ,
             together
             with
             the
             greatest
             Peeres
             of
             the
             Land.
             
               In
               the
               second
               yeer
               of
            
             Childeric
             the
             French
             
               King
               ,
               I
            
             Pepin
             
               Duke
               and
               Prince
               of
            
             France
             ,
             
               with
               the
               consent
               of
               the
               Bishops
               and
               Clergy
               ,
               after
               I
               had
               consulted
               thereabout
               with
               the
               chi●fe
               Lords
               of
            
             France
             ,
             
               determined
               to
               hold
               a
               Synod
               or
               Councell
               at
            
             Soissons
             ;
             
               which
               wee
               have
               also
               done
            
             .
             The
             Decrees
             of
             that
             Councell
             are
             all
             conceived
             in
             his
             name
             ;
             for
             the
             constant
             forme
             of
             them
             is
             ,
             
               Wee
               ordaine
               with
               the
               consent
               and
               advice
               of
               the
               Bishops
               ,
               and
               chiefe
               Lords
               of
               the
               Land.
            
             Now
             these
             Decrees
             are
             concerning
             the
             confirmation
             of
             the
             Nicene
             Creed
             ,
             the
             keeping
             of
             yeerly
             Synods
             ,
             the
             ordination
             of
             Bishops●
             the
             obedience
             due
             unto
             them
             ,
             the
             life
             and
             manners
             of
             the
             Clergy
             ,
             and
             such
             like
             matters
             .
          
           
             6
             The
             same
             Pepin
             being
             afterwards
             King
             of
             France
             ,
             in
             the
             yeer
             755
             ,
             
               caused
               almost
               all
               the
            
             Gallican
             
               Bishops
               to
               meet
               at
               the
               Councell
               of
            
             Vernes
             Palace●
             so
             saith
             the
             Preface
             to
             it
             .
             
             Charles
             the
             Great
             called
             the
             Councell
             of
             Frankford
             ,
             where
             the
             heresie
             of
             Felix
             was
             condemned
             ,
             and
             the
             seventh
             Generall
             Councell
             ,
             as
             it
             is
             confessed
             in
             the
             Acts
             thereof
             .
             
               A
               great
               number
               of
               Bishops
               out
               of
               all
               the
               Provinces
               under
               the
               dominion
               of
               the
               most
               mild
               &
               Illustrious
               King
            
             Charles
             ,
             
               assembled
               themselves
               with
               especiall
               care
               ,
               by
               virtue
               of
               his
               ordinance
               and
               command
               .
               Charles
            
             the
             Great
             saith
             as
             much
             himselfe
             in
             an
             Epistle
             which
             hee
             writ
             to
             Elipend
             Archbishop
             of
             Toledo
             ,
             which
             is
             inserted
             amongst
             those
             Acts.
             
               To
               accomplish
               that
               joy
               ,
               being
               incited
               thereunto
               by
               a
               fraternal
               Charity
               ,
               we
               have
               commanded
               that
               a
               Synodicall
               Councell
               bee
               assembled
               ,
               out
               of
               all
               the
               Churches
               of
               our
               Dominions
               .
            
             Which
             is
             further
             confirmed
             by
             the
             authority
             of
             the
             old
             Chronicle
             ;
             
               The
               King
               in
               the
               beginning
               of
               harvest
               (
               what
               time
               ●ee
               called
               also
               a
               generall
               meeting
               of
               the
               States
               )
               caused
               a
               Councell
               of
               Bishops
               ,
               out
               of
               all
               the
               Provinces
               of
               his
               Do●inions
               ,
               to
               meet
               in
               the
               same
               citie●
               to
               condemne
               the
               heresie
               of
               the
            
             Felicians
             ;
             
             
               where
               the
               Legates
               of
               the
               Pope
               of
            
             Rome
             
               were
               present
               also
            
             .
          
           
             7
             The
             Bishop
             of
             Aquileia
             in
             a
             speech
             which
             hee
             made
             at
             the
             Councell
             of
             
             Friuli
             ,
             holden
             likewise
             under
             Charles
             the
             Great
             ,
             and
             Pepin
             his
             sonne
             ,
             gives
             us
             to
             understand
             that
             he
             had
             beene
             in
             divers
             Councels
             called
             by
             the
             command
             of
             Kings
             and
             Princes
             .
             
             
               For
               it
               having
               oftentimes
               befalne
               the
               humility
               of
               my
               meannesse
               ,
               to
               be
               present
               at
               the
               Generall
               assembly
               of
               a
               Councell
               ,
               very
               famous
               for
               reverend
               fathers
               ,
               being
               thereunto
               summoned
               by
               the
               sacred
               commands
               of
               our
               Princes
               .
            
             
             The
             fourth
             Councell
             of
             Arles
             was
             holden
             also
             in
             the
             time
             of
             Charles
             the
             Great
             ,
             and
             called
             by
             him
             in
             the
             yeer
             813
             ;
             the
             Bishops
             thereof
             make
             this
             praier
             for
             him
             ,
             
               That
               he
               (
               God
               )
               would
               confirme
               in
               his
               faith
               the
               Emperour
            
             Charles
             
               our
               Soveraigne
               ,
               by
               whose
               commandement
               we
               are
               here
               assembled
               .
            
             So
             likewise
             the
             third
             of
             Tours
             ,
             the
             same
             yeer
             813
             ;
             
               The
               time
               and
               place
               being
               appointed
               when
               and
               where
               the
               assembly
               should
               bee
               ,
               we
               are
               come
               to
               the
               place
               appointed
               ,
               according
               to
               the
               injunction
               which
               was
               laid
               upon
               us
               by
               so
               great
               a
               Prince
               .
            
             There
             was
             another
             holden
             the
             same
             yeer
             813.
             under
             the
             same
             Emperour
             at
             Mentz
             ,
             at
             the
             beginning
             whereof
             they
             speake
             thus
             unto
             him
             ;
             
               Wee
               are
               come
               to
               the
               city
               of
            
             Mentz
             ,
             
               according
               to
               your
               command
            
             .
             So
             likewise
             at
             Rhemes
             the
             same
             yeere
             813●
             at
             the
             beginning
             whereof
             it
             is
             said
             ,
             
               This
               is
               the
               order
               of
               those
               Chapters
               which
               were
               made
               in
               the
               yeer
               813●
               at
               the
               Councell
               of
               the
               Metropolitan
               See
               of
               Rhemes
               ,
               called
               by
               the
               most
               devout
               Emperour
               Charles
               ,
               after
               the
               custome
               and
               fashion
               of
               the
               ancient
               Emperours
               .
            
             There
             was
             also
             another
             holden
             under
             him
             ,
             and
             by
             his
             command
             at
             Chalons
             ,
             mentioned
             by
             divers
             ancient
             Historians
             ,
             who
             speake
             also
             of
             those
             others
             which
             were
             holden
             under
             him
             ,
             whereof
             wee
             have
             spoken
             already
             .
             For
             say
             they
             ,
             
               Hee
               commanded
               the
               Bishops
               also
               to
               keep
               divers
               Councels
               for
               the
               reforming
               of
               the
               state
               of
               the
               Church
               :
               one
               whereof
               was
               holden
               at
               Mentz
               ,
               another
               at
               Rhemes
               ,
               a
               third
               at
               Tours
               ,
               a
               fourth
               at
               Chalons
               ,
               and
               a
               fifth
               at
               Arles
               .
            
             Wee
             have
             the
             Acts
             of
             that
             of
             Chalons
             extant
             ,
             wherein
             ,
             although
             Charles
             the
             Great
             bee
             mentioned
             ,
             yet
             it
             is
             not
             said
             that
             the
             Councell
             was
             holden
             by
             his
             command
             :
             And
             wee
             may
             observe
             the
             case
             to
             bee
             just
             the
             same
             in
             divers
             other
             Councels
             holden
             in
             France
             .
             The
             same
             King
             and
             Emperour
             held
             many
             other
             Councels
             ,
             the
             Acts
             whereof
             wee
             have
             not
             now
             extant
             ;
             yet
             thus
             much
             is
             testified
             by
             Regino
             ,
             
             that
             he
             called
             them
             ;
             who
             hath
             reckoned
             us
             up
             nine
             or
             ten
             after
             the
             yeere
             770
             ,
             till
             994.
             
             King
             Lewes
             the
             6
             called
             the
             Councell
             of
             Aix
             in
             Germany
             ,
             in
             the
             yeer
             816.
             
             
               Seeing
               that
               (
               say
               the
               Acts
               )
               the
               most
               Christian
               and
               most
               Illustrious
               Emperour
               ,
               Lewes
               by
               the
               grace
               of
               God
               ,
               
                 Victorious
                 ,
                 Augustus
              
               ,
               had
               called
               a
               holy
               and
               Generall
               Councel
               at
               Aix
               ,
               in
               the
               yeer
               of
               Christs
               incarnation
               816.
               
            
          
           
             8
             There
             is
             an
             old
             Chronicler
             that
             sayes
             it
             was
             in
             819
             ;
             and
             another
             puts
             it
             in
             820.
             
             There
             was
             a
             Councell
             holden
             at
             Paris
             too
             ,
             by
             the
             command
             of
             him
             and
             his
             sonne
             Lotharius
             ,
             in
             the
             yeare
             of
             grace
             829
             ;
             and
             three
             others
             at
             the
             same
             time
             in
             other
             places
             ;
             as
             is
             collected
             from
             those
             words
             in
             the
             preface
             :
             
             
               Hereupon
               they
               ordained
               that
               Synods
               should
               bee
               assembled
               at
               the
               same
               time
               in
               foure
               severall
               convenient
               places
               of
               their
               Empire
               .
            
             Besides
             ,
             this
             is
             the
             very
             title
             of
             the
             preface
             ,
             
               Here
               beginneth
               the
               preface
               of
               the
               Synod
               which
               was
               holden
               at
            
             Paris
             
               by
               the
               command
               of
               the
               most
               Illustrious
               Emperours
            
             Lewes
             and
             Lotharius
             
               his
               sonne
            
             .
             And
             againe
             in
             letters
             sent
             by
             the
             Synod
             to
             those
             Emperours
             ,
             
               We
               the
               most
               loyall
               and
               most
               dev●u●
               sollicitours
               of
               your
               salvation
               ,
               according
               to
               the
               meannesse
               of
               our
               understanding
               ,
               in
               obedience
               to
               your
               desire
               and
               command
               ,
               have
               observed
               and
               set
               downe
               in
               these
               precedent
               papers
               such
               things
               as
               concerne
               Christian
               religion
               ;
               which
               we
               present
               unto
               your
               clemency
               to
               be
               perused
               and
               approved
               of
               by
               you
               .
            
          
           
             9
             There
             was
             another
             Councell
             holden
             at
             Aix
             by
             his
             command
             in
             the
             yeare
             338.
             
             
             
               Whereas
               we
               Bishops
               were
               assembled
               together
               by
               a
               Synodicall
               convocation
               ,
               the
               most
               Illustrious
               and
               most
               orthodox
               Emperour
            
             Lewes
             ,
             
               the
               most
               invincible
            
             Augustus
             ,
             
               having
               summoned
               us
               thereunto
            
             .
             And
             yet
             another
             at
             
               Mentz
               ,
               anno
            
             834.
             
             
               We●
               are
               come
               to
            
             Mentz
             (
             say
             the
             Bishops
             of
             it
             )
             
               according
               to
               your
               commendment
            
             .
             And
             another
             at
             the
             same
             place
             ,
             anno
             837.
             whither
             the
             Bishops
             say
             they
             were
             assembled
             
             
               By
               a
               seasonable
               and
               most
               wholesome
               order
               and
               command
               from
               the
               Emperour
            
             Lewes
             .
             
             And
             this
             is
             a
             Synod
             of
             which
             an
             ancient
             French
             Historian
             speaks
             ,
             saying
             ,
             Rhabanus
             
               was
               created
               Bishop
               of
            
             Mentz
             in
             847
             ,
             
               who
               by
               command
               from
               King
            
             Lewes
             
               held
               a
               Synod
               at
            
             Mentz
             
               the
               same
               yeare
            
             .
             
             The
             title
             of
             this
             Synod
             saith
             that
             this
             same
             Rhabanus
             was
             president
             of
             it
             ,
             and
             not
             unlikely
             ;
             but
             we
             must
             understand
             that
             this
             was
             by
             authoritie
             from
             King
             Lewes
             ,
             who
             ,
             as
             wee
             have
             said
             already
             ,
             commended
             him
             to
             hold
             that
             Synod
             .
             There
             was
             yet
             another
             Councell
             holden
             at
             Mentz
             under
             him
             ,
             and
             by
             his
             command
             ,
             in
             852
             ;
             where
             the
             same
             Rhabanus
             was
             president
             ,
             the
             same
             Emperour
             being
             willing
             to
             have
             it
             so
             .
             
               There
               was
               likewise
            
             (
             saith
             an
             old
             French
             Historian
             )
             
               by
               the
               will
               and
               command
               of
               the
               same
               most
               milde
               Prince
               ,
               a
               Synod
               holden
               at
            
             Mentz
             
               a
               Metropoliticall
               Citie
               of
            
             Germany
             ,
             where
             Rhabanus
             ,
             
               the
               reverend
               Archbishop
               of
               the
               place
               ,
               was
               president
               .
            
          
           
             
             10
             There
             was
             afterwards
             a
             Councell
             holden
             at
             Valentia
             under
             King
             Lotharius
             ,
             in
             the
             yeare
             855
             ,
             the
             Acts
             whereof
             speake
             in
             this
             manner
             :
             
               The
               most
               reverend
               Bishops
               of
               three
               provinces
               being
               ,
               by
               the
               command
               of
               King
            
             Lotharius
             ,
             
               assembled
               together
               in
               one
               body
               at
               the
               City
               of
            
             Valentia
             ,
             
               upon
               occasion
               of
               the
               Bishop
               thereof
               ,
               who
               had
               beene
               cited
               and
               impeached
               of
               diver●
               crimes
               .
            
             
             The
             History
             of
             Rhemes
             mentions
             a
             Councell
             at
             Paris
             called
             by
             the
             same
             King
             :
             
               That
               the
               Canons
               concluded
               and
               agreed
               upon
               at
               the
               Generall
               Councell
               assembled
               in
               S.
            
             Peters
             
               Church
               in
            
             Paris
             ,
             
               by
               the
               diligence
               of
               King
            
             Lotharius
             ,
             
               bee
               inviolably
               observed
            
             .
             It
             mentions
             also
             another
             called
             by
             Charles
             the
             Bald
             :
             
             
               In
               the
               yeare
            
             845
             Charles
             
               called
               the
               Bishops
               of
               his
               Realme
               to
               a
               Synod
               at
            
             Beavis
             ,
             
               summoned
               forth
               of
               the
               Province
               of
            
             Rhemes
             .
             
             King
             Lewes
             the
             second
             (
             as
             we
             have
             elsewhere
             observed
             )
             prescribed
             to
             the
             Councell
             of
             Pavy
             ,
             holden
             855
             ,
             what
             points
             they
             should
             consult
             upon
             :
             whence
             it
             follows
             that
             that
             Councel
             was
             called
             by
             his
             command
             as
             wel
             as
             the
             rest
             .
             The
             Councell
             of
             Wormes
             was
             called
             by
             the
             same
             King
             Lewes
             the
             second
             ,
             anno
             868
             :
             
             
               We
               being
               assembled
               in
               the
               City
               of
            
             Wormes
             ,
             
               in
               the
               yeare
               of
               grace
            
             868
             ,
             
               by
               the
               command
               of
               our
               most
               excellent
               &
               Illustrious
               Soveraigne
               King
            
             Lewes
             ,
             
               to
               treat
               of
               certaine
               points
               concerning
               the
               good
               of
               the
               Church
               .
            
          
           
             
             11
             An
             old
             French
             author
             tells
             us
             that
             the
             same
             King
             caused
             another
             to
             be
             assembled
             at
             
               Cullen
               ,
               anno
            
             870.
             
             
               There
               was
               a
               Synod
               holden
               at
            
             Cullen
             (
             saith
             he
             )
             
               by
               the
               command
               of
               King
            
             Lewes
             .
             
               Iohn
               le
               Maire
            
             tells
             us
             that
             Lewes
             the
             Smatterer
             called
             another
             at
             Vienna
             in
             the
             time
             of
             Pope
             
               Formosus
               ,
               anno
            
             892.
             
          
           
             12
             King
             Arnold
             held
             another
             at
             
               Tribur
               ,
               anno
            
             895
             ,
             which
             consisted
             of
             a
             great
             many
             both
             Ecclesiasticall
             and
             lay
             men
             .
             
               In
               the
               yeare
               of
               our
               Lord
            
             895
             ,
             
               the
               eighth
               of
               his
               reigne
               ,
               the
               thirteenth
               Indiction
               ,
               in
               the
               moneth
               of
               May
               ,
               the
               King
               came
               by
               the
               instinct
               of
               the
               holy
               Ghost
               ,
               and
               the
               advice
               of
               his
               Princes
               to
               the
               royall
               City
               of
            
             Triburia
             ,
             
               seated
               within
               the
               French
               dominions
               ,
               accompanied
               with
               the
               precited
               Bishops
               ,
               Abbats
               ,
               and
               all
               the
               Princes
               of
               his
               kingdome
               ,
               and
               a
               great
               number
               both
               of
               Ecclesiasticall
               and
               Secular
               persons
               repairing
               thither
               ,
               &c.
               
            
             Now
             if
             the
             King
             held
             the
             Councell
             ,
             I
             suppose
             none
             will
             deny
             but
             he
             called
             it
             .
          
           
             
             13
             Hugh
             Capet
             
               who
               lately
               reigned
               in
            
             France
             (
             saith
             
               Iohn
               le
               Maire
            
             )
             
               called
               a
               Councell
               at
            
             Rhemes
             in
             Champaigne
             ,
             
               consisting
               of
               the
               Prelates
               of
               the
            
             Gallican
             
               Church
               ;
               where
               he
               caused
            
             Arnalt
             
               Archbishop
               of
            
             Rhemes
             
               to
               be
               deposed
            
             .
          
           
             
             14
             
               In
               the
               yeare
            
             1140
             ,
             
               by
               authority
               from
               King
            
             Lewes
             
               the
               younger
               ,
               there
               was
               a
               Synod
               held
               at
            
             Sens
             ,
             
               of
               the
               Bishops
               ,
               Abbats
               ,
               and
               other
               religious
               ,
               against
            
             Peter
             Abelard
             ,
             
               who
               scandalized
               the
               Church
               by
               a
               prophane
               novelty
               both
               of
               words
               and
               sense
               .
            
          
           
             
             15
             Philip
             Augustus
             (
             saith
             an
             ancient
             Frenchman
             )
             
               called
               a
               Generall
               Councell
               at
            
             Paris
             ,
             anno
             1179
             ,
             
               of
               all
               the
               Archbishops
               ,
               Bishops
               ,
               Abbats
               ,
               as
               also
               all
               the
               Princes
               and
               Lords
               of
               the
               Realme
               of
            
             France
             .
             He
             called
             another
             likewise
             in
             the
             same
             Citie
             ,
             anno
             1184
             ,
             to
             entertaine
             the
             Patriarch
             of
             Ierusalem
             ,
             and
             consult
             about
             sending
             aid
             against
             the
             
               Saracens
               .
               He
               commanded
            
             (
             saith
             the
             same
             Author
             )
             
               that
               a
               Generall
               Councell
               should
               be
               called
               of
               all
               the
               Archbishops
               ,
               Bishops
               ,
               and
               Princes
               
               of
               his
               Realme
               .
            
             
             The
             Bishop
             of
             Chartres
             tells
             us
             there
             was
             another
             called
             at
             Troyes
             by
             his
             commandement
             .
          
           
             16
             Pope
             Eugenius
             
               the
               third
               of
               that
               name
            
             (
             saith
             
               Le
               Maire
            
             )
             
               being
               come
               into
            
             France
             ,
             
               as
               well
               to
               avoid
               the
               tumultuous
               fury
               of
               the
            
             Romanes
             
               as
               to
               animate
               Christian
               Princes
               to
               the
               beyond
               sea
               voyage
               ,
               King
            
             Lewes
             
               the
               younger
               ,
               sonne
               of
            
             Lewes
             
               the
               Fat
               ,
               caused
               a
               Councell
               to
               be
               assembled
               in
               the
               towne
               of
            
             Vezelay
             in
             Burgundie
             ,
             
               of
               all
               the
               Prelates
               &
               Princes
               of
            
             France
             ,
             
               to
               whom
               hee
               purposed
               to
               declare
               ,
               by
               the
               mouth
               of
               Saint
            
             Bernard
             
               Abbat
               of
            
             Clerevale
             ,
             
               all
               the
               misfortunes
               that
               had
               befalne
               in
               the
               holy
               Land.
            
             
             There
             was
             another
             called
             at
             Paris
             by
             the
             command
             of
             Charles
             the
             sixth
             ,
             where
             he
             was
             in
             person
             attended
             by
             the
             Nobilitie
             of
             his
             Princes
             and
             Barons
             .
          
           
             17
             So
             likewise
             Lewes
             the
             eleventh
             called
             one
             at
             
               Orleans
               .
               Lewes
            
             the
             12.
             one
             at
             Tours
             ,
             
             another
             at
             Lyons
             .
             King
             Charles
             the
             ninth
             summoned
             the
             Bishops
             and
             other
             Prelates
             of
             the
             Churches
             within
             his
             Realme
             ,
             by
             his
             letters
             patents
             of
             the
             tenth
             of
             September
             1560.
             
             
             
               By
               whose
               advice
               we
               have
               concluded
               and
               agreed
               that
               a
               generall
               Assembly
               of
               the
               Prelates
               and
               other
               members
               of
               the
               Churches
               within
               our
               dominions
               ,
               be
               held
               the
            
             20.
             
               of
               Ianuary
               next
               ensuing
               ,
               to
               conferre
               ,
               consult
               ,
               and
               advise
               what
               they
               shall
               thinke
               fit
               to
               bee
               proposed
               at
               the
               said
               Generall
               Councell
               ,
               if
               so
               be
               it
               bee
               holden
               shortly
               .
               And
               in
               the
               meane
               time
               resolve
               amongst
               themselves
               notwithstanding
               of
               all
               things
               which
               may
               ,
               upon
               our
               part
               ,
               any
               way
               concerne
               the
               reformation
               of
               the
               said
               Churches
               .
            
             In
             a
             word
             ,
             it
             is
             a
             thing
             without
             all
             peradventure
             :
             so
             that
             wee
             may
             now
             conclude
             ,
             that
             the
             calling
             of
             N●tionall
             Councels
             belongs
             unto
             the
             King
             of
             France
             within
             his
             owne
             kingdome
             .
             And
             as
             oft
             as
             we
             finde
             that
             any
             Councell
             was
             holden
             in
             France
             ,
             if
             there
             be
             no
             particular
             mention
             of
             the
             calling
             of
             it
             ,
             we
             must
             alwayes
             presume
             it
             was
             by
             the
             authoritie
             of
             our
             Kings
             .
          
           
             18
             Sometimes
             indeed
             it
             was
             not
             by
             their
             command
             ,
             but
             by
             their
             bare
             consent
             and
             approbation
             :
             as
             that
             of
             Arvergne
             ,
             
             which
             was
             held
             by
             the
             consent
             of
             King
             Theodebert
             .
             The
             second
             of
             Tours
             ,
             by
             consent
             of
             King
             Charibert
             .
             That
             of
             Meaux
             by
             consent
             of
             Lewes
             the
             younger
             ,
             anno
             846.
             
             That
             of
             St.
             Medard
             of
             Soissons
             by
             consent
             of
             Charles
             ,
             sonne
             to
             Lewes
             the
             Emperour
             ,
             in
             the
             yeare
             853.
             
             One
             at
             Cullen
             under
             Charles
             the
             
               Grosse
               ,
               anno
            
             887.
             and
             another
             in
             France
             by
             the
             approbation
             of
             Lewes
             the
             father
             of
             St.
             Lewes
             in
             the
             yeare
             1222.
             
             And
             this
             must
             be
             understood
             of
             all
             those
             Councels
             which
             we
             reade
             were
             called
             in
             France
             by
             the
             Popes
             ,
             their
             Legates
             ,
             or
             other
             Prelates
             :
             for
             this
             was
             alwaies
             done
             either
             by
             the
             expresse
             consent
             of
             our
             Kings
             ,
             or
             else
             by
             their
             toleration
             ;
             as
             hath
             beene
             particularly
             expressed
             of
             two
             ,
             to
             wit
             that
             of
             Cleremont
             ,
             and
             another
             of
             
               Rhemes
               .
               Which
            
             (
             as
             
               Iohn
               le
               Maire
            
             saith
             )
             
               were
               holden
               by
               the
               approbation
               and
               consent
               of
               King
            
             Lewes
             
               the
               Grosse
               ,
               and
               whereat
               Pope
            
             Innocent
             
               the
               second
               was
               present
            
             .
             Vnlesse
             perhaps
             it
             be
             some
             few
             which
             were
             holden
             against
             them
             :
             as
             that
             of
             Compeigne
             called
             by
             the
             Prelates
             of
             France
             against
             Lewes
             the
             Gentle
             :
             that
             of
             Rhemes
             by
             Benedict
             the
             seventh
             against
             
               Hugh
               Capet
            
             :
             that
             of
             Dijon
             by
             one
             of
             the
             Popes
             Legates
             against
             
               Philip
               Augustus
            
             :
             that
             of
             Cleremont
             in
             Arvergne
             by
             Vrban
             the
             second
             against
             Philip
             ,
             and
             such
             like
             .
             But
             for
             such
             as
             these
             wee
             may
             call
             them
             spurious
             and
             illegitimate
             Councels
             ,
             unlawfull
             Conventicles
             ,
             and
             Monopolies
             ;
             for
             so
             
               Iohn
               le
               Maire
            
             calls
             that
             of
             Compeigne
             ,
             although
             it
             was
             called
             by
             the
             consent
             of
             Pope
             Gregory
             the
             fourth
             .
          
           
             19
             Let
             us
             now
             passe
             over
             into
             England
             ,
             which
             will
             furnish
             us
             also
             with
             varietie
             of
             examples
             ,
             and
             show
             us
             this
             right
             annexed
             to
             the
             Crowne
             of
             their
             Kings
             ,
             to
             use
             it
             when
             they
             please
             .
             In
             the
             yeare
             905
             King
             Edward
             the
             elder
             ,
             together
             with
             Plegmond
             Archbishop
             of
             Canterbury
             ,
             called
             a
             famous
             Councell
             of
             Bishops
             ,
             Abbats
             ,
             and
             other
             persons
             .
             
               In
               the
               yeare
            
             1070
             (
             saith
             an
             English
             Monke
             )
             
               there
               was
               a
               great
               Councell
               holden
               at
            
             †
             Silchester
             
               upon
               the
               Octaves
               of
               Easter
               ,
               by
               the
               command
               ,
               and
               in
               the
               presence
               of
               King
            
             William
             ,
             
               the
               Pope
               consenting
               
               thereunto
               .
               and
               contributing
               his
               authority
               by
               his
               Legates
               .
            
             
             In
             the
             yeare
             1301
             Edward
             the
             first
             called
             a
             Councell
             at
             Lincolne
             .
             Sometimes
             the
             Kings
             let
             either
             the
             Archbishops
             of
             Canterbury
             call
             them
             ,
             or
             some
             other
             of
             the
             Clergie
             who
             proceeded
             thereunto
             onely
             so
             farre
             as
             they
             had
             their
             leave
             and
             consent
             .
             So
             Anselme
             Archbishop
             of
             Canterbury
             under
             Henry
             the
             first
             ,
             by
             his
             will
             and
             pleasure
             called
             a
             Councell
             at
             London
             in
             the
             yeare
             1102.
             
             
             Pope
             Alexander
             
               the
               third
            
             (
             saith
             another
             English
             historian
             )
             
               assisted
               by
               the
               favour
               of
               the
               Princes
            
             (
             he
             means
             the
             Kings
             of
             England
             and
             France
             )
             
               held
               a
               Generall
               Councell
               at
            
             Tours
             ,
             
               in
               the
               year
               of
               grace
            
             1163.
             
             King
             Henry
             the
             second
             of
             
               England
               having
               quieted
               the
               state
               of
            
             Ireland
             ,
             
               caused
               divers
               abuses
               ,
               not
               sufficiently
               purged
               out
               of
               the
               Church
               ,
               to
               bee
               reformed
               and
               corrected
               ,
               according
               to
               the
               doctrine
               of
               Christianitie
               ;
               and
               by
               a
               Councell
               by
               his
               meanes
               holden
               at
            
             Casselles
             .
             
             The
             same
             King
             
               caused
               a
               Councell
               ,
               consisting
               of
               Bishops
               and
               other
               Princes
               ,
               to
               bee
               called
               at
            
             Northampton
             .
             King
             
               Henry
               made
               all
               his
               adversaries
               bee
               pronounced
               enemies
               of
               their
               Country
               by
               a
               Councell
               which
               he
               caused
               to
               be
               holden
               at
            
             Winchester
             ,
             which
             others
             call
             Silchester
             .
             Hee
             that
             will
             be
             curious
             to
             enquire
             into
             their
             histories
             may
             finde
             divers
             other
             presidents
             :
             and
             yet
             it
             may
             be
             said
             that
             this
             Kingdome
             of
             all
             others
             hath
             beene
             most
             subject
             to
             the
             papall
             power
             .
          
           
             20
             As
             for
             Spaine
             the
             Acts
             of
             almost
             all
             those
             Councels
             which
             wee
             have
             in
             the
             great
             collection
             of
             them
             ,
             doe
             plainely
             shew
             us
             that
             the
             Kings
             had
             the
             whole
             stroke
             in
             this
             matter
             .
             For
             the
             Preface
             of
             the
             first
             which
             was
             holden
             at
             Braque
             ,
             
             in
             the
             yeer
             572
             ,
             runnes
             thus
             ,
             
               Whereas
               the
               Bishops
               of
            
             Gallicia
             
               were
               met
               together
               in
               the
               Metropolitan
               Church
               of
               the
               Province
               ,
               by
               the
               command
               of
               the
               most
               Illustrious
               King
            
             Aramirus
             .
             And
             a
             litle
             below
             ,
             
               Now
               then
               seeing
               our
               most
               glorious
               and
               most
               devout
               sonne
               ,
               hath
               by
               virtue
               of
               his
               command
               royall
               ,
               granted
               unto
               us
               this
               day
               ,
               so
               much
               desired
               of
               our
               Congregation
               for
               us
               ,
               to
               assemble
               our selves
               all
               together
               ,
               let
               us
               in
               the
               first
               place
               treat
               of
               the
               state
               of
               the
               Catholique
               faith
               .
            
             In
             the
             yeere
             573
             there
             was
             another
             Councell
             holden
             in
             the
             same
             place
             
               By
               the
               command
               of
               the
               same
               King.
            
             
             In
             some
             copies
             Miriclias
             is
             named
             in
             stead
             of
             Ariamirus
             ,
             but
             that
             imports
             not
             the
             point
             in
             hand
             .
             The
             third
             Councell
             of
             Toledo
             ,
             where
             the
             Arrian
             heresie
             was
             condemned
             ann
             .
             589
             ,
             was
             called
             by
             King
             Recharedus
             ,
             as
             is
             set
             downe
             in
             expresse
             termes
             ,
             both
             in
             the
             Acts
             thereof
             ,
             and
             by
             divers
             a
             Historians
             .
             The
             b
             fourth
             of
             Toledo
             was
             called
             by
             the
             command
             of
             King
             Sismand
             .
             The
             c
             fifth
             and
             sixth
             by
             King
             Suintilla
             :
             for
             besides
             that
             it
             may
             be
             proved
             out
             of
             the
             Acts
             of
             them
             ,
             there
             is
             a
             Prebend
             of
             Barcelona
             which
             affirmes
             it
             downright
             ;
             
               This
               King
            
             (
             saith
             he
             )
             
               called
               the
               fifth
               and
               sixth
               Synod
               in
               the
               citie
               of
            
             Toledo
             .
             The
             d
             seventh
             of
             Toledo
             was
             called
             by
             King
             Sindasund
             .
             The
             e
             eighth
             ,
             ninth
             ,
             and
             tenth
             by
             King
             
               Risisund
               .
               After
               he
               was
               received
               into
               the
               Kingdome
               ,
            
             (
             saith
             the
             same
             Prebend
             of
             Barcelona
             )
             
               hee
               commanded
               three
               severall
               Councels
               to
               bee
               held
               in
               the
               Citie
               of
            
             Toledo
             ,
             
               under
               Arch-bishop
            
             Eugenius
             .
             But
             we
             have
             no
             need
             of
             his
             testimony
             ,
             for
             the
             Acts
             themselves
             plainely
             say
             as
             much
             of
             those
             Councels
             ,
             at
             least
             of
             two
             of
             them
             .
             The
             f
             eleventh
             of
             Toledo
             was
             commanded
             by
             King
             Bamba
             ,
             in
             the
             yeer
             674.
             
             The
             Acts
             doe
             obscurely
             intimate
             so
             ,
             but
             Tarafa
             clears
             it
             :
             Bamba
             (
             saith
             hee
             )
             
               after
               his
               victory
               over
            
             Paul
             ,
             
               and
               the
            
             Gauls
             ,
             
               returned
               to
            
             Toledo
             ,
             
               where
               hee
               commanded
               the
               celebration
               of
               the
               eleventh
               Councell
               .
            
             So
             likewise
             the
             third
             of
             g
             Braque
             was
             called
             by
             him
             the
             same
             yeere
             ,
             as
             we
             have
             it
             set
             downe
             in
             the
             end
             of
             the
             Acts.
             The
             h
             twelfth
             ,
             thirteenth
             ,
             and
             fourteenth
             of
             Toledo
             were
             called
             by
             the
             command
             of
             King
             Eringius
             .
             The
             Acts
             of
             the
             first
             testifie
             as
             much
             directly
             :
             those
             of
             the
             second
             
             intimate
             so
             :
             and
             for
             those
             of
             the
             third
             wee
             have
             them
             not
             ,
             
             but
             the
             same
             Prebend
             of
             Barcelona
             relates
             it
             in
             this
             manner
             ;
             This
             Eringius
             
               in
               the
               second
               yeere
               of
               his
               reigne
               caused
               the
               twelfth
               Councell
               of
            
             Toledo
             
               to
               be
               holden
               ,
               which
               consisted
               of
               thirty
               six
               Bishops
            
             :
             in
             his
             
               fourth
               yeere
               he
               made
               the
               thirteenth
               be
               holden
               ,
               consisting
               of
               fourty
               eight
               Bishops
               :
               and
               the
               foureteenth
               in
               his
               fifth
               yeer
               ,
               wherein
               were
               twelve
               Bishops
               :
               all
               three
               under
            
             Iulian
             
               Archbishop
               of
            
             Toledo
             .
             The
             other
             foure
             following
             Councels
             of
             Toledo
             ,
             King
             Egytas
             assembled
             :
             
             the
             Acts
             of
             two
             wherof
             were
             carried
             to
             Rome
             to
             help
             to
             correct
             Gratians
             Decret's
             by
             ;
             as
             is
             mentioned
             in
             a
             note
             put
             at
             the
             end
             of
             the
             Acts
             of
             the
             thirteenth
             of
             Toledo
             :
             but
             waiting
             till
             they
             bee
             put
             out
             in
             print
             ,
             we
             shall
             content
             our selves
             for
             the
             present
             with
             what
             is
             delivered
             concerning
             this
             point
             by
             the
             forementioned
             Canon
             of
             
               Barcelona
               ;
               King
            
             Egyta
             (
             saith
             hee
             )
             
               in
               the
               first
               yeere
               of
               his
               reigne
            
             (
             which
             was
             the
             yeere
             of
             our
             Lord
             693
             )
             
               caused
               the
               fifteenth
               Councell
               to
               bee
               celebrated
               ,
               under
            
             Iulian
             
               Archbishop
               of
            
             Toledo
             ,
             
               consisting
               of
               sixty
               one
               Bishops
               :
               the
               sixteenth
               Councell
               in
               his
               third
               yeere
               ,
               and
               the
               seventeenth
               in
               his
               fourth
               ,
               under
            
             Philip
             
               Archbishop
               of
               the
               same
               Church
            
             .
             Wee
             shall
             observe
             by
             the
             way
             ,
             that
             these
             Councels
             of
             Spaine
             consisted
             partly
             of
             the
             Bishops
             of
             Languedoc
             a
             Province
             of
             France●
             
             for
             there
             are
             named
             in
             the
             subscriptions
             of
             some
             of
             them
             ,
             the
             Bishops
             of
             
               Carcasson
               ,
               Narbo
               ,
               Beziers
               ,
               Lodeu●
               ,
               Agde
               ,
               Maguelone
            
             (
             who
             is
             now
             Bishop
             of
             Montpelier
             )
             Nismes
             ,
             and
             others
             in
             the
             same
             Province
             :
             and
             this
             because
             the
             greater
             part
             of
             it
             was
             then
             under
             the
             dominion
             of
             the
             Gothes
             ,
             who
             held
             it
             together
             with
             Spaine
             ;
             wherfore
             it
             is
             sometimes
             by
             our
             French
             Historians
             called
             
               Gothia
               ,
               Gottica
               Provincia
            
             ,
             and
             
               Gothica
               regio
            
             .
          
        
         
           
             CHAP.
             VIII
             .
             That
             it
             belongs
             to
             the
             Emperour
             and
             Kings
             to
             appoint
             the
             time
             and
             place
             when
             and
             where
             Councels
             shall
             bee
             held
             ,
             and
             not
             to
             the
             Pope
             .
          
           
             1
             HAving
             proved
             already
             that
             the
             calling
             of
             Councels
             belongs
             unto
             the
             Emperour
             and
             Kings
             ,
             and
             not
             unto
             the
             Pope
             :
             it
             follows
             then
             that
             it
             is
             for
             them
             also
             to
             appoint
             the
             time
             and
             place
             .
             Yet
             notwithstanding
             we
             will
             further
             confirme
             it
             by
             some
             examples
             .
             It
             is
             storied
             by
             Sozomen
             ,
             that
             Constantine
             the
             Emperour
             resolved
             to
             hold
             a
             Councell
             at
             Nice
             ,
             upon
             occasion
             of
             the
             new
             doctrines
             of
             Antiochus
             ,
             and
             the
             heresie
             of
             Aetius
             ,
             and
             how
             by
             the
             perswasion
             of
             Basil
             hee
             changed
             his
             purpose
             ,
             and
             would
             have
             removed
             it
             to
             Nicomedia
             ;
             but
             by
             reason
             th●t
             citie
             was
             ruined
             by
             an
             earthquake
             ,
             by
             the
             advice
             of
             the
             same
             Basil
             hee
             made
             choice
             of
             Nice
             againe
             ;
             and
             how
             ,
             when
             there
             happened
             another
             earthquake
             there
             too
             ,
             hee
             resolved
             upon
             the
             perswasion
             of
             one
             or
             other
             ,
             to
             have
             two
             Councels
             holden
             at
             the
             same
             time
             ,
             one
             at
             Seleucia
             for
             the
             Eastern
             Churches
             ,
             and
             another
             at
             Ariminum
             for
             the
             Westerne
             ,
             which
             was
             accordingly
             put
             in
             execution
             .
          
           
           
             
             2
             The
             same
             Emperour
             notwithstanding
             would
             have
             left
             it
             to
             the
             choice
             of
             the
             Bishops
             to
             appoint
             the
             place
             where
             it
             should
             bee
             held
             ,
             after
             that
             misfortune
             which
             befell
             at
             Nice
             ;
             but
             when
             they
             could
             not
             agree
             about
             it
             ,
             hee
             resolved
             upon
             that
             course
             which
             wee
             have
             already
             spoken
             of
             .
             And
             to
             see
             that
             the
             nomination
             of
             the
             place
             belongs
             not
             to
             the
             Pope
             ,
             
             wee
             need
             no
             more
             but
             read
             Pope
             Leo's
             Epistles
             ,
             wherein
             he
             makes
             earnest
             suit
             to
             the
             Emperour
             Theodosius
             ,
             that
             the
             Generall
             Councell
             which
             hee
             entreated
             for
             ,
             might
             be
             appointed
             in
             some
             citie
             of
             Italy
             .
             The
             like
             he
             did
             to
             the
             Emperour
             Valentinian
             ,
             and
             to
             the
             two
             Empresses
             Pulcheria
             and
             Eudoxia
             ,
             who
             all
             interceded
             for
             him
             to
             the
             Emperour
             Theodosius
             ,
             
             both
             for
             the
             calling
             of
             a
             Councel
             ,
             and
             the
             having
             of
             it
             in
             some
             citie
             of
             Italy
             :
             but
             he
             would
             never
             hea●ken
             unto
             it
             :
             and
             howbeit
             that
             after
             his
             decease
             ,
             the
             Pope
             made
             the
             like
             instance
             to
             the
             Emperours
             Valentinian
             and
             Martian
             ;
             yet
             hee
             could
             not
             prevaile
             to
             have
             it
             in
             Italy
             ;
             but
             it
             was
             first
             called
             to
             Nice
             ,
             and
             afterwards
             to
             Chalcedon
             .
          
           
             3
             And
             as
             for
             our
             Realme
             of
             France
             ,
             when
             it
             is
             said
             in
             the
             Acts
             of
             the
             Councels
             holden
             there
             ,
             
               Wee
               are
               met
               together
               in
               the
               Citie
               of
            
             Orleans
             ,
             
               by
               the
               commandement
               of
               the
               King
               ,
            
             as
             they
             speake
             in
             the
             second
             of
             Orleans
             ;
             or
             ,
             
               The
               King
               having
               assembled
               the
               Clergy
               in
               the
               citie
               of
            
             Orleans
             ,
             as
             they
             in
             the
             fifth
             of
             Orleans
             say
             ,
             and
             so
             of
             the
             rest
             ,
             it
             must
             necessarily
             be
             inferred
             ,
             that
             the
             designation
             of
             the
             place
             was
             our
             Princes
             doing
             .
             But
             the
             second
             Councell
             of
             Mascon
             puts
             it
             out
             of
             all
             doubt
             which
             might
             bee
             raised
             ;
             for
             having
             decreed
             to
             hold
             Councels
             in
             France
             every
             third
             yeer
             ,
             it
             addes●
             
               And
               this
               to
               bee
               done
               with
               the
               good
               will
               of
               the
               Prince
               ,
               who
               shall
               appoint
               a
               convenient
               place
               in
               the
               midst
               of
               the
               Countrey
               for
               the
               holding
               of
               it
               .
            
          
           
             4
             As
             for
             the
             time
             without
             doubt
             the
             designing
             and
             prescribing
             of
             it
             belongs
             unto
             them
             likewise
             .
             This
             is
             collected
             from
             a
             place
             of
             Nicephorus
             formerly
             cited
             ,
             where
             hee
             saith
             that
             the
             Emperour
             Theodosius
             when
             he
             had
             called
             the
             Councell
             in
             the
             citie
             of
             Ephesus
             against
             the
             day
             of
             Pentecost
             ,
             
             
               Declared
               by
               his
               letters
               that
               hee
               would
               not
               hold
               him
               excused
               that
               should
               not
               appear
               there
               at
               the
               day
               appointed
               .
               Theodosius
            
             and
             Valentinian
             appointed
             that
             the
             first
             Councell
             of
             Ephesus
             should
             bee
             at
             Pentecost
             .
             The
             second
             of
             Ephesus
             upon
             the
             first
             of
             August
             .
             The
             Bishop
             of
             Chartres
             in
             a
             letter
             of
             his
             to
             Pope
             Vrban
             the
             second
             ,
             speaks
             in
             this
             wise
             of
             a
             Councell
             of
             Troye
             held
             under
             Philip
             the
             first
             ,
             King
             of
             
               France
               ;
               By
               command
               from
               the
               King
               ,
               the
               Archbishops
               of
            
             Rhemes
             ,
             Sens
             ,
             and
             Tours
             
               have
               warned
               their
               suffragan
               Bishops
               to
               appear
               at
            
             Troye
             ,
             
               after
               your
               answer
               shall
               come
               ,
               the
               first
               sunday
               after
               All-Saints
               day
               .
            
          
           
             5
             King
             Charles
             the
             9
             by
             his
             letters
             patents
             of
             the
             10
             of
             September
             1560
             ,
             commanded
             in
             like
             manner
             the
             Prelates
             of
             his
             Realme
             to
             repaire
             towards
             Paris
             about
             the
             beginning
             of
             Ianuary
             ,
             so
             as
             they
             might
             be
             all
             there
             upon
             the
             20
             of
             that
             moneth
             ,
             
               To
               meet
               and
               conferre
               together
               in
               the
               said
               citie
               ,
               or
               some
               other
               place
               neare
               adjoyning
               thereunto
               ,
               such
               as
               shall
               bee
               appointed
               for
               them
               .
            
             This
             was
             for
             the
             conference
             which
             was
             at
             Poissy
             .
             It
             vexeth
             us
             to
             insist
             upon
             things
             which
             are
             so
             evident
             .
             Let
             those
             that
             deny
             them
             beare
             the
             blame
             of
             it
             .
          
        
         
           
           
             CHAP.
             IX
             .
             That
             it
             belongs
             to
             the
             Emperour
             and
             Kings
             to
             adjourne
             or
             prorogue
             Councels
             ,
             and
             not
             to
             the
             Pope
             .
          
           
             1
             IT
             is
             certaine
             that
             to
             whom
             the
             convocation
             belongs
             ,
             
             to
             him
             belongs
             also
             the
             prorogation
             ,
             translation
             ,
             or
             dissolution
             of
             Councels
             .
             Yet
             howsoever
             it
             is
             expedient
             to
             make
             it
             appeare
             by
             some
             examples
             ,
             that
             this
             belongs
             of
             right
             to
             the
             Emperour
             and
             Kings
             .
             Pope
             Leo
             having
             obtained
             by
             his
             instances
             that
             a
             Councell
             should
             be
             called
             ,
             not
             in
             Italy
             ,
             as
             hee
             desired
             ,
             but
             in
             the
             East
             ,
             he
             afterwards
             besought
             the
             Emperours
             Valentinian
             and
             Martian
             to
             put
             it
             off
             for
             a
             time
             ,
             
             but
             hee
             could
             not
             entreat
             so
             much
             .
             Wee
             will
             set
             downe
             what
             hee
             saith
             himselfe
             about
             that
             matter
             ;
             
               Wee
               well
               hoped
               (
               saith
               hee
               ,
               writing
               to
               the
               Emperour
               Martian
               )
               that
               your
               Clemency
               might
               have
               condescended
               so
               farre
               to
               our
               desire
               ,
               considering
               the
               present
               necessity
               ,
               as
               to
               deferre
               the
               Councel
               till
               a
               better
               opportunity
               :
               but
               seeing
               it
               is
               your
               pleasure
               that
               it
               bee
               holden
               forthwith
               ,
               I
               have
               sent
               Paschasinus
               thither
               .
            
          
           
             2
             The
             same
             Emperours
             having
             caused
             that
             Councell
             which
             Leo
             so
             desired
             ,
             to
             be
             assembled
             in
             the
             Citie
             of
             Nice
             ,
             they
             adjourned
             it
             afterwards
             to
             the
             City
             of
             Chalcedon
             .
             That
             alteration
             was
             in
             very
             deed
             made
             in
             favour
             of
             the
             Pope
             :
             for
             having
             earnestly
             entreated
             the
             Emperours
             ,
             that
             they
             would
             be
             pleased
             to
             honour
             the
             Councell
             with
             their
             presence
             ,
             they
             caused
             it
             to
             remove
             to
             Chalcedon●
             where
             they
             then
             were
             ,
             
             as
             appears
             by
             two
             severall
             letters
             written
             by
             those
             Emperours
             unto
             the
             Councell
             while
             it
             was
             yet
             at
             Nice
             .
          
           
             3
             Constantine
             the
             Great
             had
             in
             like
             manner
             formerly
             transferred
             the
             Councell
             of
             Tyre
             unto
             
               Ierusalem
               .
               After
               this
            
             (
             saith
             Theodoret
             ,
             speaking
             of
             the
             Synod
             of
             Tyre
             )
             
               they
               went
               to
            
             Ierusalem
             :
             
               for
               the
               Emperour
               had
               commanded
               that
               all
               the
               Councell
               assembled
               at
            
             Tyre
             
               should
               bee
               transported
               thither
            
             .
          
           
             4
             The
             Emperours
             Theodosius
             and
             Valentinian
             did
             likewise
             transferre
             one
             to
             Constantinople
             ,
             which
             was
             held
             at
             Ephesus
             .
             This
             is
             gathered
             from
             a
             relation
             in
             the
             letters
             writ
             by
             the
             Synod
             of
             Ephesus
             to
             certain
             deputies
             whom
             they
             had
             sent
             to
             Constantinople
             before
             ,
             to
             decide
             a
             certaine
             case
             .
             
               Forasmuch
               (
               say
               those
               fathers
               )
               as
               wee
               who
               were
               summoned
               to
               this
               Citie
               of
               Ephesus
               for
               the
               good
               of
               the
               Church
               ,
               are
               now
               ,
               by
               the
               Edict
               of
               our
               Kings
               ,
               cited
               over
               to
               Constantinople
               ,
               as
               you
               very
               well
               know
               .
            
             The
             same
             Synod
             of
             Ephesus
             put
             this
             superscription
             to
             their
             letters
             written
             to
             the
             Emperours
             ,
             
               To
               the
               most
               devout
               Emperours
            
             Theodosius
             and
             Valentinian
             ,
             
               the
               Synod
               assembled
               at
            
             Ephesus
             
               according
               to
               your
               Edict
            
             .
          
           
             5
             They
             proceeded
             yet
             further
             when
             they
             sent
             to
             seeke
             whole
             Synods
             in
             grosse
             ,
             making
             them
             come
             unto
             them
             out
             of
             one
             Province
             into
             another
             ,
             to
             give
             an
             account
             of
             their
             actions
             :
             as
             the
             Emperour
             Constantine
             did
             ,
             
             who
             made
             that
             of
             Ierusalem
             come
             to
             Constantinople
             to
             justifie
             the
             deposall
             of
             
               Athanasius
               .
               Theodosius
            
             did
             the
             like
             to
             that
             of
             Ephesus
             .
          
           
             6
             Charles
             the
             fifth
             made
             the
             Pope
             know
             at
             the
             Councell
             of
             Trent
             ,
             that
             he
             
             was
             not
             well
             catechized
             in
             the
             Article
             of
             the
             Popes
             omnipotency
             ,
             nor
             that
             power
             of
             Councels
             ,
             
             which
             consists
             in
             the
             translation
             and
             removing
             of
             them
             ;
             insomuch
             that
             hee
             caused
             some
             rude
             protestations
             to
             bee
             made
             by
             his
             ambassadours
             after
             the
             translation
             of
             the
             Councell
             from
             Trent
             to
             Bonony
             ,
             both
             against
             the
             Pope
             and
             that
             Councell
             :
             for
             hee
             made
             them
             tell
             them
             amongst
             other
             things
             ,
             
             
               That
               they
               could
               not
               remove
               it
               ,
               or
               alter
               the
               place
               ,
               but
               with
               the
               consent
               of
               the
               Emperour
               ,
               who
               hath
               the
               tutorage
               and
               protection
               of
               all
               Councels
               :
               that
               they
               had
               no
               authority
               to
               transferre
               the
               Councell
               :
               that
               seeing
               they
               made
               no
               reckoning
               of
               the
               common
               salvation
               ,
               the
               Emperour
               therefore
               as
               the
               protectour
               of
               the
               Church
               ,
               would
               take
               the
               charge
               of
               it
               .
            
          
           
             7
             As
             for
             our
             Kings
             wee
             need
             not
             doubt
             but
             they
             had
             the
             same
             authority
             ,
             considering
             they
             had
             power
             to
             dissolve
             Councels
             after
             they
             had
             assembled
             them
             .
             So
             Lewes
             the
             11
             was
             used
             to
             doe
             ,
             witnesse
             
               Iohn
               le
               Maire
            
             ;
             
               Vpon
               a
               time
               (
               saith
               he
               )
               King
               Lewes
               the
               11
               assembled
               the
               Gallican
               Church
               ,
               and
               all
               the
               Universities
               together
               in
               a
               Councell
               in
               the
               Citie
               of
               Orleans
               ;
               aswell
               the
               better
               to
               understand
               the
               substance
               of
               the
               said
               Pragmatique
               Sanction
               ;
               as
               also
               to
               take
               order
               for
               the
               Annates
               of
               Church
               livings
               .
               By
               which
               exaction
               the
               extreme
               greedinesse
               of
               the
               Court
               of
               Rome
               ,
               did
               vex
               and
               impove●ish
               the
               Realme
               of
               France
               ,
               by
               raking
               up
               every
               yeere
               a
               marvellous
               great
               summe
               of
               money
               .
               The
               President
               of
               this
               Councell
               was
               the
               late
               Monsieur
               
                 Peter
                 de
                 Bourbon
              
               Lord
               of
               Beajeu
               .
               But
               as
               soone
               as
               ever
               the
               points
               were
               brought
               in
               question
               ,
               in
               came
               the
               King
               ,
               who
               had
               altered
               his
               resolution
               ,
               and
               ere
               any
               other
               conclusion
               was
               determined
               ,
               hee
               gave
               every
               man
               leave
               to
               depart
               .
               Saying
               that
               he
               would
               call
               them
               to
               Lions
               hereafter
               .
            
             Which
             was
             never
             done
             .
          
        
         
           
             CHAP.
             X.
             That
             it
             belongs
             to
             Emperours
             and
             Kings
             to
             prescribe
             the
             forme
             to
             Councels
             ,
             both
             for
             persons
             and
             matters
             ,
             and
             other
             circumstances
             .
          
           
             
             1
             THe
             Emperours
             Theodosius
             and
             Valentinian
             writ
             to
             Cyrill
             Bishop
             of
             Alexandria
             ,
             to
             bring
             with
             him
             unto
             the
             first
             Councell
             of
             Ephesus
             certaine
             other
             Bishops
             out
             of
             his
             Province
             ;
             namely
             ,
             such
             as
             hee
             should
             thinke
             fit
             and
             able
             men
             .
             The
             same
             Emperours
             enjoyned
             Dioscoru●
             Bishop
             of
             Alexandria
             by
             virtue
             of
             their
             letters
             to
             take
             unto
             him
             to
             the
             number
             of
             twentie
             Bishops
             ,
             eminent
             for
             their
             faith
             and
             learning
             ,
             and
             to
             bring
             them
             along
             to
             the
             second
             Councell
             of
             Ephesus
             ,
             which
             they
             had
             called
             to
             be
             holden
             upon
             the
             first
             of
             August
             .
             
             
               It
               pleased
               the
               Emperour
            
             Constantius
             (
             saith
             Sozomen
             )
             
               to
               call
               a
               Councell
               at
            
             Nicomedia
             ,
             
               a
               Citie
               of
            
             Bithynia
             ,
             
               and
               to
               cause
               such
               Bishops
               of
               every
               nation
               as
               should
               there
               bee
               found
               fittest
               to
               consider
               of
               things
               wisely
               ,
               and
               sufficient
               to
               apprehend
               and
               argue
               subtley
               and
               learnedly
               ,
               to
               repaire
               thither
               with
               all
               diligence
               upon
               a
               day
               prefixed
               ;
               who
               might
               represent
               unto
               the
               Synod
               the
               whole
               Clergy
               of
               their
               severall
               provinces
               .
            
          
           
             2
             They
             allowed
             also
             whom
             they
             pleased
             to
             go
             into
             Synods
             .
             So
             by
             the
             Emperour
             
             Martians
             command
             there
             were
             certaine
             Priests
             and
             Monkes
             of
             Egypt
             brought
             into
             the
             Councell
             of
             Chalcedon
             .
             
             Notwithstanding
             all
             opposition
             to
             the
             contrary
             ,
             they
             proposed
             what
             points
             should
             be
             disputed
             ,
             and
             prescribed
             what
             matters
             should
             be
             treated
             of
             .
             The
             Emperours
             Constans
             and
             Constantius
             gave
             the
             Councell
             of
             Sardis
             leave
             to
             dispute
             questions
             ,
             
             and
             examine
             things
             anew
             ,
             without
             standing
             to
             what
             had
             beene
             therein
             already
             determined
             by
             former
             Councels
             .
             So
             the
             Bishops
             of
             that
             very
             Councell
             assure
             us
             in
             those
             letters
             which
             they
             sent
             to
             Pope
             Iulius
             .
             
               There
               were
               three
               things
               to
               be
               handled
               ,
               
               for
               the
               most
               religious
               Emperours
               gave
               us
               leave
               to
               dispute
               anew
               of
               all
               that
               had
               beene
               formerly
               determined
               :
               and
               especially
               of
               the
               holy
               faith
               ,
               and
               integritie
               of
               that
               truth
               which
               they
               had
               violated
               .
            
          
           
             3
             Iustinian
             did
             the
             like
             at
             the
             fift
             Generall
             ,
             holden
             at
             
               Chalcedon
               .
               Martian
            
             forbade
             that
             of
             Chalcedon
             to
             dispute
             any
             otherwise
             about
             the
             nativitie
             of
             our
             Lord
             and
             Saviour
             
               Iesus
               Christ
            
             ,
             than
             according
             to
             the
             determination
             of
             the
             Councell
             of
             Nice
             .
             
             The
             Emperours
             Theodosius
             and
             Valentinian
             writ
             to
             the
             first
             Councell
             of
             Ephesus
             ,
             how
             they
             had
             sent
             Candidianus
             their
             Ambassadour
             to
             the
             Councell
             ,
             to
             whom
             amongst
             other
             things
             they
             had
             given
             this
             in
             charge
             ,
             to
             see
             that
             no
             other
             question
             were
             proposed
             till
             such
             time
             as
             the
             controversies
             then
             a
             foot
             were
             first
             decided
             .
             An●
             accordingly
             doe
             the
             Bishops
             of
             that
             Councell
             speake
             in
             their
             letters
             to
             those
             Emperours
             :
             
               Wee
               being
               assembled
               at
            
             Ephesus
             
               for
               no
               other
               cause
               than
               to
               consult
               and
               treat
               of
               the
               faith
               ,
               according
               to
               your
               holy
               Edict
               .
            
          
           
             4
             Our
             French
             Councels
             afford
             us
             very
             pregnant
             proofes
             and
             presidents
             hereof
             ;
             for
             in
             the
             most
             of
             them
             our
             Kings
             caused
             them
             to
             consult
             about
             such
             points
             as
             they
             proposed
             ;
             and
             did
             often
             call
             them
             together
             of
             purpose
             to
             take
             then
             advice
             in
             doubtfull
             cases
             King
             Clovys
             sent
             certaine
             heads
             or
             chapters
             unto
             the
             first
             Councell
             of
             Orleans
             ,
             
             which
             himselfe
             had
             called
             ,
             there
             to
             bee
             discussed
             .
             Which
             being
             put
             in
             execution
             accordingly
             by
             that
             Synod
             ,
             the
             resolutions
             were
             sent
             unto
             him
             by
             the
             Synod
             ,
             and
             submitted
             unto
             his
             judgement
             .
          
           
             5
             King
             Guntrand
             called
             a
             Synod
             at
             Mascon
             ,
             chiefly
             to
             make
             a
             decree
             against
             those
             that
             travell
             upon
             the
             Sunday
             ;
             which
             hee
             confirmed
             afterwards
             by
             his
             Edict
             directed
             unto
             the
             same
             Synod
             .
             
             
               We
               will
               and
               command
               (
               saith
               hee
               )
               that
               what
               we
               here
               enjoyne
               by
               virtue
               of
               this
               Edict
               be
               from
               henceforth
               inviolably
               observed
               :
               inasmuch
               as
               wee
               have
               caused
               those
               things
               which
               wee
               now
               publish
               ,
               to
               bee
               determined
               (
               as
               you
               know
               )
               and
               ju●ged
               at
               the
               Councell
               of
               Mascon
               .
            
          
           
             6
             Carloman
             ,
             who
             is
             called
             Duke
             and
             Prince
             of
             the
             French
             ,
             
             assembled
             a
             Councell
             in
             
               France
               ,
               anno
            
             742
             ,
             (
             the
             place
             wee
             know
             not
             )
             to
             take
             advice
             of
             it
             ,
             
               How
               he
               might
               reestablish
               the
               law
               of
               God
               and
               religion
               ,
               which
               had
               been
               trodden
               under
               foot
               and
               overturned
               in
               the
               time
               of
               his
               predecessors
               :
               and
               by
               what
               meanes
               Christian
               people
               might
               compasse
               their
               salvation
               ,
               and
               not
               suffer
               themselves
               to
               be
               seduced
               by
               false
               Priests
               .
            
          
           
             7
             The
             Emperour
             Lewes
             the
             Gentle
             made
             an
             exhortation
             at
             the
             Councell
             of
             Aix
             in
             Germany
             ,
             (
             which
             hee
             had
             there
             assembled
             )
             when
             he
             came
             into
             it
             ;
             
             wherein
             hee
             advised
             the
             Bishops
             to
             take
             a
             course
             with
             some
             things
             which
             hee
             then
             proposed
             ,
             and
             which
             stood
             in
             need
             of
             reformation
             :
             hee
             prescribed
             also
             a
             certaine
             forme
             unto
             them
             ,
             which
             they
             were
             to
             follow
             ,
             and
             which
             was
             applauded
             by
             the
             whole
             Councell
             .
          
           
             8
             The
             same
             Emperour
             having
             by
             his
             authoritie
             caused
             a
             Councell
             to
             be
             assembled
             at
             Pavy
             ,
             he
             sent
             certaine
             points
             unto
             them
             ,
             commanding
             them
             to
             deliberate
             upon
             them
             ,
             and
             that
             with
             this
             clause
             :
             
               We
               send
               these
               chapters
               unto
               you
               ,
               to
               consult
               upon
               them
               ,
               and
               let
               us
               know
               your
               advice
               :
               
               for
               some
               things
               of
               lesser
               moment
               which
               concerne
               the
               generall
               (
               yet
               so
               as
               they
               touch
               upon
               some
               mens
               particular
               )
               and
               stand
               in
               need
               of
               reformation
               ,
               wee
               will
               that
               you
               pas●e
               your
               sentence
               upon
               them
               ,
               and
               send
               it
               to
               us
               afterwards
               .
            
          
           
           
             
             9
             The
             Emperours
             Lewes
             and
             Lotharius
             called
             a
             Synod
             at
             
               Paris
               ,
               anno
            
             824
             ,
             to
             deliberate
             upon
             the
             point
             of
             images
             .
             So
             say
             the
             Bishops
             there
             ,
             
               About
               the
               businesse
               which
               your
               Pietie
               commanded
               us
               ,
               namely
               about
               the
               case
               of
               Images
               .
            
          
           
             
             10
             The
             same
             Lewes
             and
             Lotharius
             his
             sonne
             proposed
             likewise
             certaine
             heads
             or
             Chapters
             to
             another
             Councell
             by
             them
             assembled
             at
             Paris
             ,
             in
             the
             Acts
             whereof
             the
             Bishops
             ,
             addressing
             their
             speech
             to
             the
             Emperours
             ,
             do
             say
             ,
             
             
               Your
               Serenitie
               hath
               collected
               all
               that
               seemed
               worthie
               of
               correction
               at
               this
               present
               ,
               into
               certaine
               heads
               .
            
             Vpon
             which
             heads
             they
             did
             deliberate
             .
          
           
             
             11
             Lewes
             the
             Grosse
             having
             called
             a
             Councell
             at
             Estampes
             ,
             he
             made
             them
             consult
             whether
             he
             should
             acknowledge
             Pope
             Innocent
             ,
             who
             was
             fled
             into
             his
             Realme
             ,
             or
             no.
             And
             upon
             the
             advice
             there
             taken
             ,
             he
             approved
             of
             his
             election
             ,
             and
             did
             acknowledge
             him
             .
          
           
             
             12
             Charles
             the
             sixth
             having
             called
             a
             Councell
             at
             Paris
             ,
             the
             yeare
             1398.
             to
             consult
             about
             the
             schisme
             which
             then
             was
             betwixt
             Boniface
             the
             ninth
             and
             Benedict
             the
             thirteenth
             ,
             
               He
               would
               not
               suffer
               the
               Archbishops
               and
               Bishops
               of
               
                 Rhemes
                 ,
                 Roan
                 ,
                 Sens
                 ,
                 Paris
                 ,
                 Beauvis
                 ,
              
               and
               some
               others
               to
               assist
               there
               ,
               because
               they
               were
               Benedicts
               partizans
               ,
               by
               reason
               of
               the
               great
               courtesies
               they
               had
               received
               either
               from
               him
               ,
               or
               his
               predecessour
               .
            
          
           
             
             13
             The
             Bishops
             of
             the
             fourth
             Councell
             of
             Toledo
             use
             this
             preface
             which
             is
             very
             remarkable
             :
             
               Wee
               being
               assembled
               in
               the
               Citie
               of
               Toledo
               by
               the
               care
               and
               diligence
               of
               King
               Sisenand
               ,
               to
               treat
               in
               common
               of
               certaine
               points
               of
               Church
               discipline
               ,
               according
               to
               his
               injunctions
               and
               commands
               .
            
             Wee
             will
             conclude
             this
             Chapter
             with
             a
             passage
             of
             Marsilius
             :
             
             
               Humane
               lawgivers
               (
               saith
               he
               )
               are
               bound
               to
               chuse
               out
               fit
               men
               for
               the
               keeping
               of
               Councels
               ,
               and
               provide
               necessaries
               for
               the
               defraying
               of
               their
               charges
               :
               to
               compell
               such
               as
               refuse
               ,
               to
               come
               thither
               ,
               provided
               they
               be
               able
               men
               ,
               and
               have
               beene
               chosen
               ,
               whether
               they
               be
               Clergymen
               or
               others
               .
            
          
        
         
           
           
             CHAP.
             XI
             .
             That
             the
             presidence
             in
             Councels
             belongs
             to
             the
             Emperour
             and
             Kings
             ,
             as
             also
             the
             judgement
             .
          
           
             1
             THe
             calling
             of
             Councels
             doth
             not
             onely
             belong
             to
             Emperours
             and
             Kings
             ,
             but
             also
             the
             presidence
             and
             judgement
             in
             them
             .
             
             Constantine
             the
             Great
             was
             president
             in
             that
             of
             Nice
             .
             So
             Pope
             Miltiades
             testifieth
             in
             
               Gratians
               Decrees
               .
               Valentinian
               ,
               Theodosius
            
             and
             Arcadius
             the
             Emperours
             doe
             confirme
             it
             in
             the
             same
             Decrees
             .
             
             Constantine
             
               the
               Emperour
            
             (
             say
             they
             )
             
               presided
               in
               the
               holy
               Councell
               of
            
             Nice
             ,
             &c.
             
             The
             reasons
             which
             are
             urged
             to
             the
             contrary
             are
             too
             weake
             to
             disprove
             these
             authorities
             :
             as
             when
             it
             is
             objected
             that
             Constantine
             would
             have
             sit
             upon
             a
             low
             seat
             in
             token
             of
             humilitie
             :
             that
             he
             would
             not
             be
             judge
             among
             the
             Bishops
             ,
             
             but
             professed
             that
             he
             ought
             to
             be
             judged
             by
             them
             :
             that
             he
             would
             needs
             subscribe
             unto
             the
             Acts
             in
             the
             last
             place
             .
             It
             is
             not
             good
             to
             use
             so
             many
             complements
             with
             Popes
             :
             that
             which
             is
             given
             unto
             them
             of
             courtesie
             ,
             is
             taken
             as
             of
             necessity
             .
             This
             yeelding
             hath
             made
             them
             soar
             so
             high
             ,
             that
             if
             this
             Councell
             bee
             received
             ,
             wee
             must
             talke
             of
             greater
             m●tters
             than
             kissing
             their
             pantofle
             .
             If
             they
             who
             defend
             the
             Popes
             cause
             so
             stoutly
             refuse
             to
             beleeve
             their
             Canons
             ,
             at
             least
             without
             a
             dispensation
             ,
             what
             others
             will
             doe
             ,
             judge
             you
             .
             St.
             Ambrose
             his
             authoritie
             which
             is
             further
             added
             ,
             is
             of
             no
             more
             force
             than
             the
             rest
             .
             Constantine
             (
             saith
             he
             )
             
               would
               not
               make
               himselfe
               judge
               ,
               but
               left
               the
               judgement
               free
               to
               the
               Clergy
               .
            
             Wee
             must
             distinguish
             betwixt
             the
             function
             of
             a
             Iudge
             ,
             and
             of
             a
             President
             .
             They
             would
             have
             made
             him
             Iudge
             of
             the
             Bishops
             crimes
             ,
             that
             hee
             would
             not
             doe
             :
             this
             is
             nothing
             to
             the
             Presidence
             :
             we
             shall
             speak
             of
             it
             elsewhere
             .
             The
             saying
             of
             Athanasius
             is
             the
             most
             pressing
             of
             all
             ,
             in
             that
             complaint
             which
             hee
             makes
             against
             the
             Emperour
             Constantius
             ,
             who
             would
             have
             been
             President
             and
             Iudge
             against
             him
             in
             the
             Councell
             of
             Milan
             ;
             yea
             and
             that
             so
             as
             to
             condemne
             him
             .
             The
             condemnation
             was
             indeed
             injust
             ;
             but
             O
             how
             passion
             blinds
             us
             in
             our
             owne
             cause
             !
             the
             good
             man
             to
             prove
             the
             nullity
             of
             the
             judgement
             ,
             urgeth
             amongst
             other
             things
             ,
             that
             it
             cannot
             bee
             a
             lawfull
             Councell
             wherein
             a
             Prince
             ,
             
             or
             any
             other
             Lay
             man
             is
             President
             .
             For
             (
             saith
             hee
             )
             
               if
               it
               bee
               a
               judgement
               of
               Bishops
               ,
               what
               hath
               the
               Emperour
               to
               doe
               there
               ?
            
             Hee
             exclaimes
             mightily
             against
             such
             Presidence
             ,
             but
             all
             because
             hee
             was
             condemned
             there
             .
             If
             hee
             had
             beene
             acquitted
             ,
             he
             would
             have
             beene
             sure
             not
             to
             have
             said
             mum
             to
             it
             .
             Hee
             condemnes
             in
             this
             what
             hee
             approves
             in
             a
             like
             case
             ;
             
             for
             when
             hee
             was
             deposed
             by
             the
             Councell
             of
             Tyre
             ,
             he
             had
             recourse
             to
             Constantine
             ;
             he
             presents
             himself
             before
             him
             to
             make
             his
             complaint
             ,
             and
             was
             a
             meanes
             that
             the
             Emperour
             sent
             to
             seeke
             all
             the
             Councell
             to
             render
             a
             reason
             of
             that
             action
             of
             theirs
             .
             If
             a
             man
             should
             have
             said
             then
             ,
             
               If
               it
               be
               a
               judgement
               of
               Bishops
               ,
               what
               hath
               the
               Emperour
               to
               doe
               with
               it
               ?
            
             
             What
             would
             Athanasius
             have
             answered
             ?
          
           
             2
             The
             grand
             controversie
             in
             point
             of
             religion
             betwixt
             the
             Catholique
             Bishops
             and
             the
             Donatists
             ,
             which
             was
             spred
             over
             all
             Africa
             ,
             was
             decided
             at
             Carthage
             by
             Marcelline
             ,
             one
             of
             Honorius
             the
             Emperours
             Officers
             ,
             after
             a
             long
             dispute
             in
             his
             presence
             .
             Read
             all
             the
             books
             and
             you
             shall
             never
             finde
             that
             ever
             they
             complained
             of
             him
             .
             Nay
             on
             the
             contrary
             St.
             Austine
             ,
             who
             was
             one
             of
             
             the
             disputants
             ,
             to
             testifie
             his
             gratitude
             for
             his
             just
             sentence
             ,
             
             dedicated
             his
             books
             
               De
               civitate
               Dei
            
             unto
             him
             .
             Pope
             Nicholas
             admittes
             them
             unto
             Councels
             ,
             when
             points
             of
             faith
             are
             there
             handled
             :
             yea
             and
             all
             other
             Lay
             men
             too
             without
             distinction
             ,
             
             whether
             it
             be
             to
             judge
             or
             to
             preside
             there
             .
          
           
             3
             If
             a
             man
             will
             suppose
             mee
             here
             an
             ignorant
             Prince
             ,
             it
             would
             bee
             a
             very
             great
             indecorum
             for
             him
             to
             engage
             himselfe
             in
             such
             matters
             as
             these
             ,
             and
             hee
             had
             better
             forbeare
             :
             yea
             and
             just
             so
             had
             a
             Bishop
             too
             .
             But
             if
             the
             Prince
             have
             learning
             and
             ability
             ,
             what
             reason
             is
             there
             to
             exclude
             him
             ?
             It
             would
             indeed
             suit
             better
             with
             the
             dignity
             of
             his
             person
             to
             let
             disputing
             alone
             to
             the
             Bishops
             ,
             yea
             and
             the
             ordering
             of
             the
             whole
             action
             to
             some
             one
             of
             them
             or
             other
             ,
             such
             as
             hee
             shall
             thinke
             fit
             ;
             alwayes
             reserving
             to
             himselfe
             the
             Presidency
             ,
             with
             the
             determination
             ,
             confirmation
             ,
             and
             putting
             in
             execution
             the
             Decrees
             ,
             after
             hee
             hath
             seene
             and
             considered
             of
             them
             .
             It
             is
             no
             jesting
             matter
             when
             salvation
             is
             in
             question
             :
             a
             Prince
             hath
             as
             deep
             an
             interest
             in
             this
             as
             a
             priest
             .
             But
             let
             us
             hold
             on
             our
             course
             .
          
           
             4
             Zonaras
             testifieth
             that
             the
             Emperour
             Theodosius
             assisted
             at
             the
             first
             Councell
             of
             Constantinople
             ;
             
             and
             therefore
             wee
             may
             inferre
             that
             hee
             was
             president
             of
             it
             ,
             for
             wee
             read
             of
             no
             other
             that
             tooke
             that
             place
             upon
             him
             ,
             as
             we
             shall
             say
             elsewhere
             .
             As
             for
             that
             of
             
               Ephesus
               ,
               Theodosius
            
             the
             younger
             sent
             Candidianus
             ,
             one
             of
             his
             Officers
             ,
             to
             preside
             there
             :
             but
             with
             a
             limited
             commission
             ,
             having
             first
             charged
             him
             not
             to
             intermeddle
             with
             questions
             and
             controversies
             of
             divinity
             .
             And
             this
             is
             the
             reason
             why
             Cyrill
             ,
             the
             chiefe
             in
             dignity
             of
             all
             the
             Patriarchs
             who
             were
             there
             in
             person
             ,
             is
             by
             some
             authours
             called
             the
             President
             of
             that
             Councell
             .
          
           
             5
             Dioscorus
             Patriarch
             of
             Alexandria
             did
             preside
             at
             the
             second
             Councell
             of
             Ephesus
             ,
             by
             authority
             from
             the
             Emperour
             Theodosius
             .
             This
             we
             collect
             out
             of
             the
             first
             Action
             of
             the
             Councel
             of
             Chalcedon
             ,
             where
             the
             Iudges
             that
             were
             presidents
             say
             ,
             
               How
               the
               Right
               reverend
               Bishops
               ,
               to
               whom
               at
               that
               time
               ,
            
             (
             that
             is
             ,
             at
             the
             time
             of
             the
             Councell
             of
             Ephesus
             )
             
               by
               the
               Emperours
               clemency
               ,
               authority
               was
               given
               over
               such
               things
               as
               should
               bee
               there
               treated
               of
               ,
               give
               a
               reason
               why
               the
               letters
               of
               the
               most
               holy
               Archbishop
            
             Leo
             
               were
               not
               read
               ;
               yea
               and
               when
               it
               was
               interposed
               ,
               that
               they
               ought
               to
               bee
               read
               .
            
             Dioscorus
             
               the
               Right
               reverend
               Bishop
               of
            
             Alexandria
             
               made
               answer
            
             ,
             
             
               The
               Acts
               themselves
               beare
               witnesse
               how
               I
               did
               twice
               interpose
               that
               they
               might
               be
               read
               .
            
             This
             is
             further
             confirmed
             by
             Evagrius
             in
             his
             Ecclesiasticall
             History
             .
          
           
             6
             Bellarmine
             thinks
             he
             hath
             given
             us
             very
             good
             content
             ,
             by
             saying
             ,
             that
             against
             all
             equity
             hee
             extorted
             this
             Presidence
             from
             the
             Emperour
             :
             and
             he
             therupon
             urgeth
             the
             authorities
             of
             Zonaras
             and
             Evagrius
             :
             But
             by
             his
             Graces
             leave
             hee
             imposeth
             upon
             them
             both
             :
             For
             see
             what
             the
             former
             saith
             ;
             Eutyches
             
               went
               to
               seeke
            
             Chrysaphius
             
               the
               Eunuch
               ,
               whom
               hee
               had
               brought
               over
               to
               his
               side
               ,
               and
               led
               him
               in
               a
               string
               ,
               who
               being
               in
               great
               credit
               with
               the
               Emperour
               ,
               obtained
               of
               him
               ,
               that
            
             Dioscorus
             ,
             
               who
               governed
               the
               Church
               of
            
             Alexandria
             
               after
               the
               death
               of
            
             Cyril
             ,
             
               might
               bee
               called
               to
            
             Ephesus
             
               with
               other
               Bishops
               ,
               and
               the
               opinion
               of
            
             Eutyches
             
               there
               examined
            
             .
             The
             other
             in
             his
             first
             booke
             and
             tenth
             Chapter
             ,
             saith
             ,
             Dioscorus
             ,
             
               who
               succeeded
               in
               the
               Bishoprique
               of
            
             Alexandria
             
               after
               the
               death
               of
            
             Cyril
             ,
             
               was
               appointed
               President
               of
               the
               Councel
               For
               to
               kindle
               more
               hatred
               against
            
             Flavianus
             ,
             Chrysaphius
             ,
             
               the
               governour
               of
               the
               Palace
               ,
               had
               laid
               this
               plot
               very
               politiquely
               .
            
             These
             authours
             in
             their
             discourses
             blame
             the
             carriage
             of
             the
             businesse
             ,
             and
             the
             plot
             which
             was
             laid
             for
             the
             approbation
             of
             Eutyches
             his
             doctrine
             ,
             and
             the
             condemnation
             of
             Flavianu●
             :
             but
             they
             never
             say
             ,
             nor
             ever
             meant
             to
             say
             ,
             that
             the
             Emperor
             was
             to
             blame
             in
             taking
             of
             the
             Presidence
             from
             the
             Pope
             ,
             and
             conferring
             it
             upon
             another
             .
             It
             may
             bee
             said
             furthermore
             ,
             that
             Pope
             Leo
             rejected
             this
             Councell
             ;
             but
             it
             was
             because
             of
             the
             unlawfull
             proceedings
             of
             it
             ,
             just
             as
             wee
             condemne
             this
             of
             Trent
             :
             But
             for
             the
             calling
             of
             it
             ,
             that
             was
             so
             far
             from
             
             being
             unlawfull
             ,
             that
             the
             Pope
             himselfe
             had
             his
             Legats
             there
             .
             
          
           
             7
             The
             Emperour
             Martian
             did
             preside
             at
             the
             Generall
             Councell
             of
             Chalcedon
             ,
             both
             at
             the
             beginning
             ,
             and
             the
             sixt
             Action
             thereof
             :
             and
             at
             the
             opening
             of
             it
             hee
             made
             an
             oration
             himselfe
             to
             the
             Congregation
             ,
             as
             Constantine
             the
             Great
             had
             done
             at
             that
             of
             Nice
             ,
             wherein
             amongst
             other
             things
             he
             forbid
             them
             to
             dispute
             of
             the
             nativity
             of
             our
             Lord
             and
             Saviour
             IESUS
             CHRIST
             ,
             
             otherwise
             then
             according
             to
             the
             determination
             of
             the
             Councell
             of
             Nice
             .
             And
             that
             Because
             (
             saith
             hee
             )
             
               we
               will
               assist
               at
               the
               Councell
               for
               confirmation
               of
               the
               faith
               ,
               not
               for
               ostentation
               of
               our
               virtue
               .
            
             Which
             words
             Bellarmin
             hath
             made
             a
             nose
             of
             wax
             ,
             affirming
             that
             the
             Emperour
             doth
             therby
             protest
             he
             would
             not
             assist
             there
             as
             a
             Iudge
             .
             And
             passing
             from
             better
             to
             worse
             ,
             hee
             further
             addes
             ,
             that
             in
             the
             su●ceding
             actions
             ,
             there
             were
             indeed
             some
             secular
             Iudges
             that
             presided
             in
             the
             Emperours
             name
             ,
             but
             it
             was
             only
             to
             see
             there
             were
             no
             tumult
             or
             disorder
             ,
             and
             not
             as
             Iudges
             of
             faith
             .
             If
             the
             Acts
             of
             that
             Councell
             were
             locked
             up
             in
             the
             Archives
             at
             Rome
             ,
             as
             many
             other
             monuments
             are
             ,
             then
             wee
             might
             hold
             our
             peace
             :
             But
             being
             exposed
             to
             the
             view
             of
             all
             the
             world
             ,
             I
             am
             constrained
             to
             say
             ,
             that
             this
             is
             to
             deal
             too
             saucily
             with
             the
             truth
             .
             It
             is
             plaine
             from
             those
             Acts
             that
             seven
             O●ficers
             of
             the
             Empire
             ,
             and
             eleven
             Senatours
             were
             not
             only
             Presidents
             ,
             but
             ,
             which
             is
             more
             ,
             Iudges
             of
             all
             controversies
             ,
             which
             were
             handled
             and
             determined
             there
             .
             They
             put
             interrogatories
             both
             to
             one
             and
             other
             :
             they
             pressed
             arguments
             against
             such
             as
             held
             any
             erroneous
             opinions
             :
             they
             threatned
             to
             condemne
             them
             :
             they
             told
             Pope
             Leo's
             Legats
             ,
             when
             they
             desired
             that
             Dioscorus
             Patriarch
             of
             Alexandria
             might
             be
             cast
             out
             of
             the
             Councell
             ,
             that
             if
             they
             would
             become
             his
             accusers
             ,
             they
             must
             depose
             the
             person
             of
             Iudges
             :
             they
             commanded
             that
             such
             Acts
             should
             bee
             read
             as
             were
             exhibited
             to
             the
             Synod
             :
             they
             caused
             men
             to
             give
             their
             suffrages
             :
             they
             pronounced
             the
             sentence
             .
             In
             briefe
             ,
             as
             o●t
             as
             the
             Popes
             Legates
             are
             named
             in
             the
             Councell
             of
             Trent
             ,
             so
             oft
             and
             oftner
             are
             these
             Iudges
             and
             Senatours
             mentioned
             in
             that
             of
             Chalcedon
             .
             Shall
             wee
             now
             then
             averre
             with
             confidence
             that
             they
             were
             not
             Iudges
             ?
             What
             doe
             they
             meane
             then
             who
             ascribe
             the
             Presidence
             and
             judgement
             in
             this
             Councell
             to
             the
             Popes
             Legates
             ?
             
               They
               sit
               in
               the
               highest
               place
               ,
            
             (
             so
             they
             say
             )
             
               they
               speake
               the
               first
               ,
               they
               subscribed
               the
               first
               ,
               they
               pronounced
               the
               sentence
               against
            
             Dioscorus
             
               Bishop
               of
            
             Alexandria
             
               in
               the
               name
               of
               the
               Pope
               and
               the
               whole
               Councell
               .
            
             Here
             is
             enough
             to
             pierce
             to
             the
             quicke
             ,
             here
             's
             an
             ergo
             well
             shod
             with
             frost-nailes
             .
             But
             let
             us
             take
             one
             piece
             after
             another
             .
          
           
             8
             
               They
               sit
               in
               the
               first
               place
               .
            
             Yes
             ,
             after
             the
             Iudges
             and
             Senatours
             ;
             and
             they
             sit
             not
             as
             Presidents
             ,
             but
             as
             deputies
             for
             the
             chiefe
             Primate
             or
             Patriarch
             .
             
               They
               speak
               first
            
             .
             Yes
             ,
             at
             the
             beginning
             when
             they
             exhi●ite
             a
             libell
             against
             Dioscorus
             ,
             and
             when
             the
             Iudges
             and
             Senatours
             told
             them
             ,
             that
             seeing
             they
             made
             themselves
             parties
             against
             him
             ,
             they
             could
             not
             assist
             at
             the
             judgement
             ;
             and
             at
             the
             end
             too
             when
             they
             put
             up
             a
             complaint
             against
             the
             whole
             Councell
             ,
             for
             giving
             the
             Patriarch
             of
             Constantinople
             the
             next
             degree
             of
             honour
             after
             him
             of
             Rome
             ,
             for
             setting
             bounds
             and
             limits
             to
             either
             of
             them
             .
             As
             also
             in
             the
             third
             Action
             ,
             whereof
             wee
             shall
             speake
             anon
             .
             
               They
               subscribe
               the
               formost
            
             .
             Yes
             ,
             in
             the
             same
             third
             Action
             ,
             but
             not
             elsewhere
             ,
             
               They
               pronounce
               the
               sentence
               against
            
             Dioscorus
             .
             This
             is
             it
             that
             presseth
             hardest
             .
             But
             hearken
             to
             the
             answer
             ;
             Of
             all
             the
             Actions
             of
             that
             Councell
             ,
             (
             which
             are
             sixteen
             in
             number
             )
             there
             were
             two
             at
             which
             the
             Emperour
             himself
             was
             President
             ,
             thirteen
             at
             which
             the
             ●udges
             and
             Senatours
             whom
             the
             Emperour
             had
             deputed
             ,
             and
             one
             wherein
             one
             of
             the
             Popes
             Legats
             presided
             .
             Observe
             how
             that
             came
             to
             passe
             .
             There
             was
             neither
             Iudge
             nor
             Senatour
             present
             in
             that
             Action
             :
             whereupon
             when
             there
             was
             a
             controversie
             about
             speaking
             .
             Paschasin
             the
             Popes
             primier
             Legat
             ,
             gave
             the
             company
             to
             understand
             ,
             that
             hee
             had
             commission
             from
             his
             master
             to
             preside
             in
             that
             assembly
             :
             for
             ,
             saith
             he
             ,
             
               Hee
               hath
               commanded
               our
               ●●annesse
               to
               preside
               in
               the
               
               Councell
               in
               his
               stead
               :
               and
               therefore
               it
               is
               necessary
               that
               what
               ever
               be
               proposed
               it
               bee
               determined
               by
               our
               interlocution
               .
            
             
             Hee
             never
             durst
             speake
             of
             this
             presidency
             in
             any
             manner
             ,
             so
             long
             as
             the
             Emperour
             or
             his
             officers
             were
             there
             .
             In
             the
             ensuing
             Actions
             hee
             never
             proceeded
             to
             any
             act
             of
             a
             President
             .
          
           
             9
             All
             this
             makes
             against
             the
             Pope
             :
             for
             from
             hence
             wee
             conclude
             ,
             that
             where
             the
             Emperour
             or
             his
             Officers
             are
             ,
             there
             the
             Pope
             nor
             his
             Legates
             have
             no
             right
             to
             preside
             .
             In
             case
             they
             be
             absent
             ,
             it
             stands
             with
             good
             reason
             that
             some
             one
             of
             them
             that
             are
             of
             prime
             ranke
             and
             quality
             manage
             the
             affaires
             ;
             or
             else
             that
             they
             proceed
             in
             this
             case
             by
             election
             .
             Which
             they
             would
             never
             condescend
             unto
             ,
             so
             much
             as
             for
             one
             day
             :
             and
             yet
             it
             is
             an
             ordinary
             thing
             in
             all
             societies
             .
             Now
             for
             priority
             of
             honour
             and
             dignity
             ,
             there
             is
             no
             question
             but
             it
             belonged
             to
             the
             Bishop
             of
             Rome●
             as
             being
             Patriarch
             of
             the
             chiefe
             citie
             in
             the
             Empire
             .
             This
             is
             evident
             from
             the
             very
             Acts
             of
             this
             Councell
             of
             Chalcedon
             ,
             in
             the
             sixteenth
             Session
             ,
             whereof
             they
             say
             ,
             
               The
               Fathers
               have
               granted
               certaine
               priviledges
               and
               prerogatives
               to
               the
               See
               of
               old
            
             Rome
             ,
             
               because
               it
               is
               the
               imperiall
               citie
               .
            
             Nor
             did
             the
             Pope
             dispute
             this
             title
             of
             presidence
             against
             the
             Emperour
             and
             his
             officers
             ,
             but
             only
             against
             the
             other
             Archbishops
             and
             Bishops
             For
             behold
             the
             very
             clause
             inserted
             in
             his
             instructions
             to
             his
             Legats
             :
             
             
               By
               all
               meanes
               preserve
               the
               dignity
               of
               our
               person
               ,
               considering
               that
               wee
               send
               you
               in
               our
               place
               and
               stead
               :
               And
               if
               there
               bee
               any
               that
               undertake
               to
               usurpe
               any
               thing
               ,
               relying
               upon
               the
               lustre
               of
               their
               cities
               ,
            
             (
             this
             aimes
             especially
             at
             the
             Patriarch
             of
             Constantinople
             )
             
               repell
               all
               such
               enterprises
               with
               that
               courage
               which
               is
               requisite
               .
            
          
           
             10
             It
             is
             an
             easie
             matter
             now
             to
             answer
             all
             the
             objections
             of
             this
             great
             Disputer
             .
             The
             pronouncing
             of
             the
             sentence
             against
             Dioscorus
             ,
             was
             done
             in
             this
             third
             Session
             .
             The
             Iudges
             and
             Senatours
             tell
             us
             so
             in
             the
             next
             action
             ,
             yea
             and
             that
             by
             way
             of
             complaint
             ;
             
               Your
               Reverence
            
             (
             say
             they
             ,
             speaking
             to
             the
             Councel
             )
             
               must
               give
               account
               before
               God
               for
               the
               case
               of
            
             Dioscorus●
             
               whom
               you
               have
               condemned
               without
               the
               Emperours
               knowledge
               and
               ours
               .
            
             The
             Synod
             saith
             in
             their
             letters
             to
             the
             Pope
             ,
             
               That
               hee
               is
               in
               that
               Councell
               as
               the
               head
               to
               the
               members
               .
            
             That
             is
             either
             in
             respect
             of
             the
             Presidency
             in
             that
             one
             Action
             ;
             or
             in
             respect
             of
             other
             Bishops
             ;
             but
             not
             in
             reference
             to
             the
             Emperour
             and
             his
             officers
             :
             with
             whom
             these
             Popes
             Legats
             never
             once
             contested
             ,
             but
             ever
             gave
             place
             to
             them
             with
             all
             willingnesse
             ;
             taking
             it
             for
             a
             great
             honour
             to
             supply
             their
             place
             and
             execute
             their
             charge
             in
             their
             absence
             .
          
           
             11
             Some
             of
             our
             age
             have
             left
             upon
             record
             ,
             that
             Pope
             Leo
             had
             an
             aime
             at
             this
             Presidence
             ,
             and
             that
             hee
             required
             it
             at
             the
             Emperours
             hands
             .
             But
             in
             good
             time
             ,
             the
             Doctour
             himselfe
             gives
             them
             the
             lye
             .
             For
             Leo
             himselfe
             ,
             in
             one
             of
             his
             letters
             to
             the
             Emperour
             Martian
             ,
             saith
             in
             plain
             termes
             ,
             
             
               But
               forasmuch
               as
               some
               of
               our
               brethren
               (
               wee
               speake
               not
               this
               without
               griefe
               of
               hear●
               )
               have
               not
               had
               the
               meanes
               of
               expressing
               a
               Catholique
               constancy
               against
               the
               storme
               of
               falshood
               ,
               it
               is
               fitting
               that
               Bishop
            
             Paschasin
             ,
             
               whom
               I
               send
               ,
               preside
               in
               my
               place
               .
            
             And
             in
             very
             deed
             he
             complained
             both
             to
             the
             Emperours
             and
             Empresse
             of
             Dioscorus
             Bishop
             of
             Alexandria
             his
             being
             president
             at
             the
             Councell
             of
             Ephesus
             .
          
           
             12
             But
             here
             is
             that
             which
             seemes
             to
             bee
             more
             pressing
             than
             all
             the
             rest
             :
             namely
             that
             the
             Emperour
             and
             his
             officers
             were
             not
             Iudges
             of
             controversies
             of
             faith
             ,
             nor
             pronounced
             any
             sentence
             in
             those
             points
             ,
             but
             submitted
             themselves
             to
             the
             sentence
             of
             the
             Bishops
             :
             in
             short
             ,
             that
             they
             were
             only
             to
             guard
             the
             action
             from
             troubles
             and
             tumults
             .
             Bellarmin
             is
             the
             man
             that
             affirmes
             it
             ,
             and
             one
             of
             the
             Presidents
             of
             the
             Councell
             of
             Trent
             before
             him
             .
             
             All
             this
             is
             pointblanke
             against
             the
             truth
             of
             the
             Acts.
             When
             the
             question
             was
             about
             debating
             some
             point
             of
             faith
             ,
             the
             Officers
             of
             the
             Empire
             (
             who
             are
             constantly
             called
             ●udges
             throughout
             all
             the
             Acts
             of
             that
             Councell
             )
             and
             the
             Senatours
             caused
             that
             to
             bee
             rehearsed
             which
             had
             formerly
             beene
             determined
             at
             the
             Councels
             of
             Nice
             and
             Constantinople
             concerning
             that
             particular
             ;
             and
             withall
             Pope
             Leo's
             Epistle
             
             which
             hee
             writ
             to
             Flavian
             Archbishop
             of
             that
             citie
             .
             
             And
             because
             there
             were
             some
             Bishops
             which
             doubted
             of
             that
             faith
             ,
             the
             Iudges
             and
             Senatours
             decreed
             that
             the
             matter
             should
             bee
             put
             off
             for
             five
             dayes
             ;
             during
             which
             time
             Anatolius
             Archbishop
             of
             Constantinople
             ,
             should
             make
             choice
             of
             some
             few
             of
             the
             most
             learned
             ,
             to
             instruct
             them
             that
             were
             not
             fully
             resolved
             ,
             so
             as
             the
             whole
             Synod
             should
             not
             need
             to
             trouble
             themselves
             about
             it
             .
             Hereupon
             there
             being
             a
             diversity
             of
             opinions
             ;
             some
             approving
             of
             that
             Decree
             ,
             and
             others
             not
             ,
             the
             Iudges
             pronounced
             ,
             
             
               That
               which
               wee
               interposed
               ,
               shall
               be
               put
               in
               execution
               .
            
          
           
             13
             In
             the
             fifth
             Action
             they
             caused
             every
             Bishop
             to
             make
             rehearsall
             of
             his
             Creed
             ,
             and
             the
             rule
             of
             faith
             to
             bee
             read
             ;
             and
             ordained
             further
             that
             certain
             Bishops
             should
             be
             chosen
             and
             shut
             up
             in
             St.
             Euphemia's
             Oratory
             with
             Anatolius
             the
             Archbishop
             ,
             and
             the
             Popes
             Legats
             ,
             
             in
             the
             presence
             of
             the
             same
             Iudges
             .
             Some
             of
             the
             Bishops
             falling
             at
             variance
             hereabouts
             ,
             the
             Iudges
             ordained
             that
             it
             should
             bee
             referred
             to
             the
             Emperour
             :
             who
             ,
             being
             perfectly
             informed
             of
             all
             ,
             confirmed
             the
             Decree
             of
             the
             Iudges
             ,
             which
             was
             afterwards
             put
             in
             execution
             .
             The
             Bishops
             elect
             being
             assembled
             together
             with
             the
             Iudges
             ,
             to
             treat
             of
             matters
             of
             faith
             ,
             after
             they
             had
             all
             agreed
             upon
             them
             ,
             went
             to
             the
             Synod
             to
             acquaint
             them
             with
             their
             resolution
             .
             But
             it
             is
             requisite
             to
             set
             down
             the
             very
             words
             .
             First
             it
             is
             said
             ,
             
               And
               the
               Iudges
               being
               entreated
               thereunto
               by
               all
               the
               rest
               ,
               went
               into
               the
               Oratory
               of
               St.
            
             Euphemia●
             with
             Anatolius
             
               the
               Reverend
               Archbishop
               of
            
             Constantinople
             ,
             Paschasin
             and
             Lucentius
             
               Right
               Reve●end
               Bishops
            
             ,
             Boniface
             
               the
               Priest
               ,
               and
            
             Iulian
             
               the
               Reverend
               Bishop
               of
            
             Cos
             ,
             
               deputies
               for
               the
               See
               Apostolique
               of
               the
               great
               citie
               of
            
             Rome●
             &c.
             
             
               And
               after
               they
               had
               treated
               of
               the
               holy
               faith
               ,
               they
               came
               forth
               and
               all
               sate
               downe
               .
               The
               most
               magnificent
               ,
               and
               most
               glorious
               Iudges
               said
               ,
               The
               holy
               Synod
               is
               pleas●d
               peaceably
               to
               heare
               what
               things
               have
               been
               determined
               by
               the
               holy
               fathers
               assembled
               together
               in
               our
               presence
               ,
               who
               have
               also
               expounded
               the
               rule
               of
               faith
               .
            
             Afterwards
             the
             determination
             concluded
             upon
             and
             put
             in
             writing
             was
             read
             ;
             which
             contained
             a
             ratification
             of
             what
             had
             beene
             formerly
             determined
             by
             the
             Councels
             of
             Nice
             and
             Constantinople
             in
             that
             behalfe
             .
             In
             the
             next
             Action
             the
             Emperour
             being
             come
             himselfe
             in
             person
             ,
             confirmed
             that
             very
             Creed
             ,
             and
             enacted
             that
             from
             thenceforth
             it
             should
             bee
             embraced
             .
          
           
             14
             See
             here
             a
             discourse
             somewhat
             of
             the
             longest
             indeed
             ,
             which
             yet
             was
             no
             lesse
             than
             necessary
             ,
             to
             convince
             such
             as
             will
             beleeve
             nothing
             without
             good
             warrant
             .
             I
             will
             further
             observe
             ,
             to
             doe
             them
             a
             courtesie
             ,
             that
             Paschasin
             the
             Popes
             Legat
             ,
             in
             his
             subscription
             to
             that
             Creed●
             useth
             this
             forme
             ;
             Paschasin
             
               Bishop
               ,
               in
               stead
               of
               the
               most
               honourable
            
             Leo
             
               Pope
               of
               the
               Catholique
               and
               Apostolique
               Church
               of
               the
               citie
               of
            
             Rome
             ,
             
               who
               presided
               at
               the
               Synod
               ,
               hath
               ordained
               ,
               consented
               ,
               and
               subscribed
               hereunto
               .
            
             Which
             must
             bee
             imputed
             to
             the
             vanity
             of
             the
             man
             ;
             for
             the
             truth
             is
             ,
             he
             presided
             not
             in
             that
             Action
             wherein
             this
             rule
             and
             Creed
             was
             made
             ,
             but
             the
             Iudges
             ;
             as
             hath
             beene
             said
             .
             And
             which
             is
             more
             ,
             when
             they
             are
             spoken
             of
             that
             were
             nominated
             to
             make
             it
             in
             the
             presence
             of
             the
             Lay
             Iudges
             ,
             
             the
             Popes
             Legats
             are
             thrice
             put
             after
             the
             Patriarch
             of
             Constantinople
             .
          
           
             15
             Now
             I
             demand
             further
             yet
             ,
             if
             the
             Popes
             Legats
             had
             presided
             in
             all
             these
             Actions
             ,
             what
             would
             they
             have
             done
             more
             than
             these
             Imperiall
             Iudges
             did
             ?
             They
             would
             have
             made
             the
             proposals
             ,
             they
             would
             have
             chosen
             a
             certain
             number
             of
             Bishops
             to
             draw
             the
             forme
             of
             confession
             ;
             they
             would
             have
             caused
             their
             resolution
             to
             be
             read
             ,
             which
             is
             all
             one
             with
             the
             pronouncing
             of
             the
             sentence
             :
             they
             would
             have
             interposed
             their
             authority
             ,
             as
             the
             Emperour
             did
             in
             person
             ,
             that
             the
             matter
             might
             carry
             the
             more
             weight
             with
             it
             .
             If
             they
             will
             say
             that
             they
             would
             have
             given
             voices
             ,
             which
             the
             Lay
             Iudges
             did
             not
             doe
             ;
             wee
             answere
             .
             It
             cannot
             bee
             collected
             from
             the
             Acts
             of
             the
             Councel
             ,
             that
             the
             Iudges
             did
             not
             give
             their
             opinions
             too●
             for
             whereas
             they
             say
             ,
             
               The
               determination
               was
               made
               in
               
               their
               presence
               ,
            
             
             they
             doe
             not
             deny
             that
             that
             they
             had
             any
             voice
             in
             it
             .
             But
             I
             will
             grant
             they
             did
             not
             give
             their
             owne
             opinions
             :
             yet
             they
             were
             the
             Iudges
             of
             others
             opinions
             ,
             and
             might
             reject
             what
             was
             resolved
             upon
             by
             the
             Synod
             ,
             in
             case
             they
             found
             it
             to
             be
             injust
             ;
             this
             is
             farre
             more
             than
             to
             give
             a
             voice
             .
             And
             indeed
             when
             the
             Synod
             cryed
             with
             one
             voice
             ,
             That
             they
             would
             stand
             to
             that
             definition
             of
             faith
             which
             had
             beene
             rehearsed
             ,
             the
             Iudges
             contradicted
             it
             ,
             saying
             ,
             that
             it
             was
             defective
             ,
             and
             that
             it
             was
             requisite
             to
             adde
             something
             to
             it●
             which
             was
             the
             cause
             why
             they
             met
             in
             the
             Oratory
             of
             St.
             Euphemia
             ,
             where
             the
             forme
             of
             faith
             was
             drawne
             ,
             as
             hath
             been
             said
             .
             I
             will
             transcribe
             the
             whole
             passage
             :
          
           
             16
             
               The
               Bishops
               cryed
               with
               a
               loud
               voice
               ,
               Let
               the
               definition
               stand
               ,
               or
               else
               let
               us
               dye
               .
               The
               most
               magnificent
               and
               Right
               honourable
               Iudges
               said
               ,
            
             Dioscorus
             
               did
               say
               ,
               I
               admit
               that
               of
               two
               natures
               .
               The
               most
               holy
               Archbishop
            
             Leo
             
               did
               say
               ,
               There
               are
               two
               living
               natures
               inconfusibly
               ,
               inconvertibly
               ,
               indivisibly
               ,
               in
               the
               one
               and
               onely
               Sonne
               of
               God
               IESVS
               CHRIST
               our
               Saviour
               .
               Which
               of
               the
               two
               doe
               you
               follow
               ?
               Whether
               holy
            
             Leo
             ,
             or
             Dioscorus
             ?
             
               The
               right
               reverend
               Bishops
               shouted
               ,
               Wee
               beleeve
               as
            
             Leo
             
               beleeved
               ,
               those
               that
               doe
               otherwise
               are
            
             Eutychians
             .
             Leo
             
               hath
               well
               expounded
               it
               .
               The
               most
               magnificent
               and
               Right
               honourable
               Iudges
               said
               .
               So
               then
               you
               adde
               to
               the
               rule
               of
               faith
               ,
               according
               to
               our
               holy
               father
            
             Leo's
             
               opinion
               ,
               that
               there
               are
               two
               living
               natures
               in
               Christ
               ,
               inconvertibly
               ,
               inseparably
               ,
               and
               inconfusedly
               .
               And
               these
               Right
               honourable
               Iudges
               ,
               being
               entreated
               thereunto
               by
               all
               the
               rest
               ,
               went
               into
               the
               Oratory
               of
               St.
            
             Euphemia
             ,
             
               together
               with
            
             Anatolius
             ,
             &c.
             
             And
             after
             they
             had
             
               treated
               of
               the
               holy
               faith
               ,
               they
               came
               forth
               ,
               and
               all
               sate
               downe
               .
            
             And
             the
             copy
             of
             their
             determination
             was
             read
             by
             the
             appointment
             of
             the
             Iudges
             ,
             as
             wee
             said
             before
             .
          
           
             17
             Now
             if
             wee
             shall
             make
             it
             yet
             appeare
             that
             the
             Iudges
             opinion
             was
             followed
             ,
             and
             that
             addition
             which
             they
             insisted
             upon
             was
             admitted
             .
             What
             can
             be
             said
             more
             ?
             Now
             marke
             what
             it
             containes
             amongst
             other
             matters
             ;
             
               So
               then
               ●onsenting
               to
               the
               holy
               Fathers
               ,
               wee
               teach
               all
               with
               one
               accord
               to
               confesse
               one
               and
               the
               same
               Sonne
               IESVS
               CHRIST
               our
               Saviour
               ,
               to
               be
               one
               in
               two
               natures
               ,
               inconfusedly
               ,
               immutably
               ,
               indivisibly
               ,
               inseparably
               .
            
             If
             this
             may
             not
             be
             called
             judging
             of
             matters
             of
             faith
             ,
             then
             I
             may
             put
             up
             my
             pipes
             .
          
           
             18
             Yet
             for
             the
             further
             clearing
             of
             the
             point
             in
             hand
             ,
             wee
             will
             compare
             the
             Presidence
             of
             the
             Popes
             Legats
             in
             one
             Action
             ,
             with
             that
             of
             the
             ●udges
             ;
             to
             see
             if
             they
             wrought
             any
             greater
             wonders
             than
             the
             Iudges
             .
             See
             first
             the
             power
             which
             they
             assumed
             ,
             
             
               That
               such
               things
               as
               should
               bee
               proposed
               might
               bee
               judged
               by
               their
               interlocution
               .
            
             The
             Iudges
             had
             the
             very
             same
             power
             of
             interlocution
             :
             For
             at
             the
             end
             of
             the
             second
             Action
             thus
             they
             speake
             ,
             
               That
               which
               wee
               interposed
               by
               interlocution
               takes
               effect
               .
            
             And
             at
             the
             beginning
             of
             the
             seventh
             ,
             
               The
               Right
               honourable
               Iudges
               said
               ,
               Wee
               have
               thought
               it
               necessary
               to
               give
               notice
               of
               these
               things
               before
               the
               holy
               Synod
               ,
               to
               the
               intent
               that
               what
               shall
               bee
               resolved
               hereupon
               ,
               may
               bee
               confirmed
               by
               our
               sentence
               and
               interlocution
               .
            
             The
             Legats
             pronounced
             the
             sentence
             of
             condemnation
             against
             Dioscorus
             :
             So
             did
             the
             Iudges
             the
             sentence
             of
             absolution
             for
             Theodoret
             in
             the
             eighth
             Action
             :
             The
             words
             are
             these
             ;
             
               The
               Right
               honourable
               Iudges
               ,
               according
               to
               the
               decree
               of
               the
               holy
               Councell
               ,
               said
               ,
               The
               most
               holy
               Bishop
            
             Theodoret
             
               shall
               receive
               the
               Church
               of
            
             Cyrrha
             .
          
           
             
             19
             It
             must
             bee
             further
             observed
             that
             Bellarmin
             was
             a
             litle
             too
             hasty
             when
             hee
             read
             the
             Councell
             of
             Chalcedon
             :
             else
             hee
             might
             have
             found
             that
             what
             he
             cals
             
               the
               pronouncing
               of
               the
               sentence
            
             ,
             was
             no
             more
             but
             a
             bare
             proposall
             made
             by
             the
             Popes
             Legats
             unto
             the
             Councell
             ,
             to
             cause
             the
             assembly
             to
             consult
             upon
             it
             :
             and
             that
             this
             is
             true
             ,
             see
             here
             their
             conclusion
             :
             
               So
               as
               this
               great
               and
               holy
               Synod
               ordaine
               what
               shall
               seeme
               good
               unto
               it
               in
               the
               case
               of
            
             Dioscorus
             .
             And
             afterwards
             follows
             the
             giving
             of
             voices
             .
             Besides
             ,
             by
             his
             account
             all
             the
             Popes
             Legats
             that
             
             were
             present
             at
             the
             Councel
             ,
             should
             have
             been
             Presidents
             ;
             
             which
             is
             not
             true
             ;
             for
             none
             but
             Paschasin
             was
             :
             As
             appears
             by
             Pope
             Leo's
             request
             to
             the
             Emperour
             Martian
             in
             that
             behalfe
             ;
             and
             that
             of
             Paschasin
             ,
             then
             when
             hee
             officiated
             as
             President
             ;
             and
             by
             the
             subscriptions
             both
             of
             himselfe
             and
             his
             fellowes
             ;
             for
             hee
             only
             and
             none
             else
             takes
             upon
             him
             the
             quality
             of
             President
             .
          
           
             20
             Let
             us
             now
             come
             to
             other
             Councels
             .
             Iustinian
             the
             Emperour
             did
             not
             preside
             himselfe
             in
             the
             Councell
             of
             Constantinople
             ,
             
             holden
             under
             him
             in
             the
             time
             of
             the
             Patriarch
             Mena
             ;
             but
             hee
             determined
             of
             the
             Presidence
             :
             that
             is
             ,
             hee
             chose
             and
             nominated
             the
             Presidents
             of
             it
             ;
             to
             wit
             ,
             the
             Patriarch
             of
             Constantinople
             ,
             with
             whom
             hee
             joyned
             as
             assistants
             those
             whom
             the
             Pope
             sent
             .
             Hear
             what
             the
             very
             Acts
             of
             that
             Councell
             say
             concerning
             this
             point
             ;
             
               After
               the
               Consulship
               of
            
             Belisarius
             
               the
               most
               holy
               and
               most
               happy
               Oecumenicall
               Archbishop
               and
               Patriarch
            
             Mena
             
               being
               President
               in
               the
               citie
               of
            
             Constantinople
             ,
             
               the
               most
               excellent
               and
               most
               holy
               Bishops
            
             Sabinus
             and
             Epiphanius
             ,
             
               sent
               out
               of
            
             Italy
             
               by
               the
               See
               Apostolique
               ,
               sitting
               upon
               his
               right
               hand
               as
               coadjutors
               by
               the
               command
               of
            
             Iustinian
             
               the
               Emperour
            
             .
          
           
             21
             It
             is
             objected
             that
             this
             Councell
             was
             not
             Vniversall
             .
             I
             grant
             it
             ;
             but
             so
             as
             it
             bee
             granted
             mee
             withall
             ,
             that
             neither
             was
             the
             Pope
             universall
             ;
             and
             that
             it
             belonged
             not
             unto
             him
             to
             preside
             in
             all
             Councels
             .
             If
             hee
             had
             any
             right
             to
             preside
             in
             Generall
             Councels
             ,
             much
             more
             had
             hee
             in
             nationall
             ;
             especially
             then
             when
             hee
             was
             called
             unto
             them
             ,
             or
             was
             present
             at
             them
             upon
             any
             occasion
             .
          
           
             22
             As
             for
             the
             fifth
             General
             Councel
             ,
             which
             is
             the
             second
             of
             Constantinople
             ,
             holden
             under
             the
             same
             Iustinian
             by
             his
             command
             ,
             wee
             shall
             make
             it
             appeare
             ●non
             that
             all
             things
             were
             carried
             there
             by
             him
             and
             his
             authority
             ;
             although
             himselfe
             were
             not
             present
             at
             it
             ,
             no
             more
             than
             Pope
             Vigilius
             ,
             who
             having
             travailed
             from
             Rome
             to
             Constantinople
             ,
             and
             being
             there
             at
             that
             time
             the
             Councel
             was
             holden
             ,
             yet
             had
             never
             the
             courage
             to
             goe
             unto
             it
             .
          
           
             22
             The
             Emperour
             Constantine
             the
             fourth
             was
             President
             of
             the
             sixth
             Generall
             Councell
             of
             Constantinople
             ,
             
             and
             divers
             of
             his
             Officers
             assisted
             there
             by
             his
             command
             ;
             whose
             names
             and
             qualities
             are
             registred
             in
             the
             Acts
             of
             it
             .
             Loe
             here
             the
             words
             ;
             
               The
               same
               Emperour
            
             Constantine
             
               being
               President
               ,
               in
               a
               place
               of
               the
               Palace
               which
               is
               called
            
             Trullus
             :
             
               there
               being
               present
               there
               as
               auditour
            
             Nicetas
             
               Exconsul
               and
               a
               Patrician
               ,
               and
               maister
               of
               the
               Offices
               Imperiall
               ,
            
             Theodorus
             
               exconsul
               &
               Patrician
               ,
               &c.
            
             
             Which
             is
             repeated
             in
             every
             Action
             of
             it
             .
             And
             as
             for
             the
             Popes
             Legats
             ,
             they
             are
             indeed
             marshalled
             in
             the
             first
             place
             amongst
             the
             Patriarches
             and
             Archbishops
             ,
             but
             not
             as
             Presidents
             ,
             but
             because
             the
             priority
             of
             honour
             amongst
             the
             Clergy
             belonged
             to
             the
             Pope
             .
             Where
             it
             is
             to
             bee
             observed
             that
             in
             Councels
             ordinarily
             ,
             the
             Legats
             and
             Vicegerents
             tooke
             the
             same
             place
             of
             honour
             that
             belonged
             unto
             him
             that
             sent
             them
             .
             And
             of
             a
             truth
             in
             the
             Acts
             of
             this
             same
             Councell
             ,
             there
             is
             one
             Peter
             a
             Priest
             and
             Monke
             ,
             the
             Patriarch
             of
             Alexandria's
             Legat
             ,
             placed
             betwixt
             the
             Patriarches
             of
             Constantinople
             &
             Antioch
             :
             and
             another
             Priest
             and
             Monke
             called
             George
             ,
             the
             Patriarch
             of
             Ierusalem's
             Legat
             ,
             put
             between
             the
             same
             Patriarch
             of
             Antioch
             and
             the
             other
             Bishops
             .
             The
             like
             may
             bee
             seene
             also
             in
             the
             Acts
             of
             the
             second
             Councell
             of
             Nice
             .
          
           
             23
             This
             Councell
             is
             wholly
             approved
             by
             the
             Pope
             .
             And
             it
             is
             yet
             further
             observable
             in
             it
             ,
             that
             the
             five
             Patriarches
             were
             all
             there
             in
             person
             ,
             or
             by
             proxéy
             ;
             which
             was
             not
             so
             in
             any
             of
             the
             rest
             .
             
             All
             this
             is
             out
             of
             question
             but
             here
             's
             the
             doubt
             :
             Bellarmine
             pretends
             that
             Pope
             Agatho
             by
             his
             Legats
             presided
             there
             .
             Hee
             urgeth
             Zonaras
             for
             proofe
             of
             his
             assertion
             ,
             who
             makes
             nothing
             for
             him
             ,
             but
             indeed
             against
             him
             .
             See
             here
             the
             passage
             entire
             .
             Constantine
             
               called
               a
               Councell
               at
            
             Constantinople
             ,
             
             
               the
               chiefe
               whereof
               were
               Pope
            
             Agatho's
             Legats
             ,
             George
             
               Patriarch
               of
            
             Constantinople
             ,
             and
             Theophanes
             
               Patriarch
               of
            
             Antioch
             :
             for
             Alexandria
             and
             Ierusalem
             
               had
               no
               Patriarchs
               at
               that
               time
               ,
               being
               then
               taken
               
               by
               the
            
             Saracens
             .
             
             When
             hee
             saith
             (
             Chiefe
             ,
             or
             Princes
             )
             hee
             doth
             not
             meane
             (
             Presidents
             )
             for
             so
             all
             the
             Patriarches
             should
             have
             beene
             Presidents
             there
             ,
             seeing
             the
             word
             relates
             unto
             all
             :
             which
             yet
             Bellarmine
             denies
             to
             bee
             so
             .
             If
             wee
             would
             expresse
             it
             in
             plaine
             English
             ,
             wee
             should
             say
             
               chiefe
               and
               principall
            
             ,
             for
             that
             is
             the
             genuine
             sense
             of
             the
             author
             .
          
           
             24
             If
             wee
             should
             admit
             of
             other
             Presidents
             over
             the
             Clergy
             besides
             the
             Emperour
             ,
             it
             would
             not
             bee
             the
             Pope
             ,
             but
             the
             Patriarches
             of
             Constantinopl●
             and
             Antioch
             :
             
             for
             hearke
             what
             Lambert
             an
             old
             Dutch
             Historian
             saith
             of
             it
             ;
             Constantine
             
               called
               the
               sixth
               Synod
               ,
               at
               whose
               request
               Pope
            
             Agatho
             
               sent
               his
               Legats
               to
               the
               royall
               Citie
               ,
               amongst
               whom
               was
            
             Iohn
             ,
             
               then
               Deacon
               of
               the
               Church
               of
            
             Rome
             .
             
               This
               sixt
               Councell
               was
               holden
               at
            
             Constantinople
             ,
             
               where
               there
               were
               present
               one
               hundred
               and
               fifty
               Bishops
               ,
            
             George
             
               Patriarch
               of
               the
               Imperiall
               Citie
               ,
               and
            
             Macarius
             of
             Antioch
             
               being
               Presidents
            
             .
             Hee
             cals
             them
             Presidents
             because
             either
             of
             those
             two
             Patriarches
             were
             there
             in
             person
             ,
             and
             the
             rest
             onely
             by
             their
             deputies
             .
          
           
             25
             In
             the
             next
             place
             Bellarmine
             saith
             ,
             they
             are
             named
             first
             in
             all
             the
             Acts.
             Hee
             should
             have
             said
             ,
             they
             are
             named
             first
             after
             the
             Emperour
             ,
             and
             all
             his
             Officers
             that
             assisted
             there
             .
             That
             is
             ,
             first
             among
             the
             Clergy
             ;
             this
             is
             the
             honour
             which
             belonged
             to
             Rome
             .
             But
             hee
             addes
             further
             that
             they
             speake
             first
             .
             I
             know
             not
             where
             he
             learn'd
             that
             ,
             but
             I
             dare
             beleeve
             hee
             never
             read
             it
             .
             I
             desire
             no
             more
             for
             proofe
             of
             what
             I
             say
             ,
             but
             the
             Acts
             of
             the
             Councell
             themselves
             .
             For
             of
             all
             the
             eighteen
             Actions
             of
             that
             Councell
             ,
             
             in
             most
             of
             them
             the
             Popes
             Legates
             doe
             preside
             so
             honourably
             ,
             that
             they
             speake
             never
             a
             word
             .
             In
             the
             first
             they
             put
             up
             a
             complaint
             :
             in
             some
             others
             they
             deliver
             their
             opinion
             as
             other
             men
             doe
             ,
             sometimes
             in
             the
             first
             place
             ,
             sometimes
             in
             the
             last
             ,
             sometimes
             after
             a
             good
             many
             .
             Besides
             ,
             this
             order
             is
             observed
             ,
             the
             Secretary
             alwayes
             proposeth
             ,
             and
             the
             Emperour
             determineth
             in
             the
             eleven
             first
             Actions
             and
             last
             ;
             and
             in
             all
             the
             rest
             ,
             the
             two
             Patricians
             and
             two
             Exconsuls
             ,
             whom
             hee
             sent
             and
             substituted
             in
             his
             place
             .
             And
             in
             pronouncing
             their
             Decrees
             ,
             both
             the
             Emperour
             and
             the
             Iudges
             by
             him
             delegated
             ,
             doe
             alwayes
             say
             ,
             
               The
               Emperour
               and
               the
               holy
               Councell
               ,
            
             or
             
               The
               Iudges
               and
               the
               Holy
               Councell
               ,
               said
               ,
               appointed
               ,
               commanded
               ,
               ordained
               ,
            
             &c.
             
             No
             such
             matter
             with
             the
             Popes
             Legates
             .
             Nothing
             passeth
             without
             the
             Emperour
             and
             his
             Officers
             ,
             be
             it
             they
             treat
             of
             points
             of
             faith
             ,
             or
             what
             else
             so
             ever
             :
             they
             discusse
             controversies
             in
             divinity
             as
             well
             as
             the
             Bishops
             .
             To
             bee
             sho●t
             ,
             a
             man
             cannot
             collect
             ought
             out
             of
             the
             whole
             story
             of
             this
             Councell
             ,
             but
             that
             the
             Emperour
             and
             his
             Officers
             were
             Iudges
             and
             Presidents
             of
             it
             .
             
             And
             yet
             some
             dare
             say
             ,
             that
             the
             Emperour
             was
             no
             Iudge
             nor
             formall
             President
             of
             it
             ;
             that
             he
             pronounced
             no
             sentence
             there
             :
             And
             for
             subscription
             ,
             all
             the
             Clergy
             signed
             first
             ,
             and
             the
             Emperour
             last
             of
             all
             .
             His
             Officers
             did
             not
             subscribe
             at
             all
             ;
             it
             was
             not
             the
             fashion
             :
             their
             masters
             subscription
             was
             sufficient
             .
             And
             for
             his
             subscribing
             first
             or
             last
             ,
             it
             is
             neither
             here
             nor
             there
             to
             the
             cause
             .
             If
             the
             Popes
             Legats
             had
             presided
             but
             in
             one
             Action
             only
             ,
             as
             at
             the
             Councell
             of
             Chalcedon
             ,
             they
             would
             have
             beene
             carefull
             not
             to
             forget
             that
             title
             of
             honour
             in
             their
             subscription
             .
             It
             is
             a
             strong
             argument
             to
             prove
             they
             had
             not
             the
             Presidence
             neither
             in
             show
             nor
             substance
             ;
             for
             otherwise
             they
             would
             surely
             have
             told
             us
             some
             newes
             of
             it
             .
          
           
             
             26
             As
             for
             the
             other
             sixt
             Generall
             Councell
             of
             Constantinople
             ,
             in
             Trullo
             ,
             the
             Emperour
             Iustinian
             the
             second
             did
             not
             only
             call
             it
             ,
             but
             presided
             in
             it
             .
             The
             Bishops
             thereof
             addresse
             these
             words
             unto
             him
             in
             their
             preface
             ;
             
               Our
               Saviour
               Christ
               hath
               given
               us
               in
               you
               a
               wise
               governour
               ,
               a
               pious
               Emperour
               ,
               and
               a
               true
               President
               .
            
             Wee
             know
             very
             well
             this
             Councell
             is
             rejected
             ,
             but
             we
             are
             yet
             to
             learn
             the
             just
             reasons
             of
             this
             repulse
             ;
             
             for
             Balsamon
             ,
             Patriarch
             of
             Antioch
             ,
             assures
             u●
             the
             Popes
             Legats
             assisted
             there
             .
          
           
             27
             Wee
             have
             formerly
             by
             the
             way
             made
             mention
             of
             the
             Conference
             at
             
             Carthage
             ,
             
             betwixt
             all
             the
             African
             Bishops
             both
             Catholiques
             and
             Donatists
             ,
             called
             by
             the
             command
             of
             the
             Emperour
             Honorius
             :
             who
             were
             summoned
             thither
             by
             the
             Imperiall
             Officers
             ,
             who
             disputed
             all
             along
             before
             Marcellinus
             ,
             the
             President
             and
             Iudge
             delegated
             by
             the
             Emperour
             ;
             
             who
             in
             fine
             passed
             his
             sentence
             of
             condemnation
             upon
             them
             .
          
           
             28
             Otho
             the
             first
             surnamed
             the
             Great
             ,
             called
             a
             Councell
             at
             Rome
             ,
             the
             yeere
             963.
             and
             presided
             in
             it
             .
             
               There
               was
               a
               great
               Councell
               held
               at
            
             Rome
             (
             saith
             Lambert
             )
             (
             
               wherein
               the
               Emperour
            
             Otho
             
               did
               preside
            
             )
             
               with
               a
               great
               multitude
               of
               Bishops
               ,
               Abbats
               ,
               Priests
               ,
               Clerks
               .
               and
               Monks
               ,
               by
               whose
               determination
            
             Bennet
             
               was
               deposed
               from
               the
               See
               Apostolique
               .
            
             This
             was
             Bennet
             the
             fifth
             ,
             in
             whose
             stead
             Leo
             the
             eighth
             was
             created
             Pope
             .
          
           
             29
             Otho
             the
             second
             sonne
             to
             the
             former
             ,
             being
             arrived
             at
             Ravenna
             in
             the
             yeere
             967
             ,
             (
             saith
             Regino
             )
             
               and
               having
               there
               kept
               his
               Easter
               with
               Pope
            
             Iohn
             
               the
               third
               ,
               hee
               there
               assembled
               divers
               Bishops
               of
            
             Italy
             ,
             and
             Romania
             ,
             
               and
               himself
               keeping
               the
               Councel
               ,
               he
               invented
               many
               things
               to
               the
               profit
               and
               behoofe
               of
               holy
               Church
               .
            
             Therefore
             he
             was
             President
             and
             Iudge
             in
             the
             Councell
             .
          
           
             30
             The
             Emperour
             Henry
             ,
             the
             sonne
             of
             Conrade
             ,
             being
             beyond
             all
             patience
             displeased
             with
             the
             excessive
             Simony
             ,
             which
             had
             got
             foot
             amongst
             the
             C●ergy
             ,
             called
             an
             assembly
             of
             all
             the
             Archbishops
             and
             Bishops
             of
             his
             Empire
             :
             so
             saith
             Glaber
             Monke
             of
             Cluny
             in
             the
             last
             chapter
             of
             the
             fifth
             booke
             of
             his
             History
             .
             After
             he
             had
             made
             remonstrance
             unto
             them
             of
             divers
             things
             concerning
             that
             point
             ,
             hee
             set
             out
             an
             Edict
             over
             all
             his
             Empire
             ,
             (
             saith
             the
             same
             authour
             )
             
               That
               no
               degree
               or
               Order
               of
               the
               Clergy
               or
               Ecclesiasticall
               Ministery
               should
               be
               purchased
               for
               mony
               :
               and
               whosoever
               should
               be
               found
               to
               have
               given
               or
               taken
               any
               thing
               ,
               should
               be
               deprived
               of
               all
               his
               honour
               ,
               and
               be
               accursed
               .
            
             You
             see
             then
             hee
             was
             Iudge
             and
             President
             of
             the
             Councell
             .
             Wee
             shall
             then
             conclude
             for
             hereafter
             ,
             that
             not
             only
             the
             Presidence
             in
             Councels
             ,
             but
             the
             judgement
             also
             belongs
             unto
             the
             Emperours
             .
          
           
             31
             Whereunto
             wee
             will
             adde
             ,
             as
             touching
             this
             last
             point
             ,
             That
             from
             the
             beginning
             to
             the
             end
             of
             the
             Councels
             ,
             all
             matter
             of
             action
             was
             performed
             by
             the
             Emperours
             ,
             or
             those
             to
             whom
             they
             committed
             that
             charge
             .
             The
             Convocation
             was
             made
             by
             them
             :
             the
             place
             was
             appointed
             by
             them
             :
             the
             forme
             of
             meeting
             and
             treating
             was
             prescrib'd
             by
             them
             :
             the
             number
             of
             persons
             ,
             both
             Clergy
             and
             Layty
             was
             stinted
             by
             them
             :
             they
             forbad
             some
             and
             commanded
             others
             to
             come
             there
             :
             ofttimes
             they
             proposed
             the
             points
             which
             they
             would
             have
             consulted
             of
             ;
             and
             prohibited
             the
             mentioning
             of
             any
             other
             :
             they
             guided
             the
             action
             ,
             caused
             the
             rest
             to
             give
             voices
             ,
             disputed
             cases
             ,
             passed
             their
             sentences
             ,
             approved
             the
             determinations
             which
             were
             agreed
             upon
             ,
             whether
             they
             were
             absent
             or
             present
             :
             and
             many
             such
             like
             things
             they
             did
             .
          
           
             32
             And
             yet
             for
             all
             this
             some
             would
             bear
             us
             in
             hand
             that
             they
             were
             no
             more
             but
             spectatours
             ,
             without
             contributing
             any
             thing
             thereunto
             besides
             their
             authoritie
             :
             or
             to
             speake
             more
             properly
             ,
             that
             they
             were
             but
             the
             porters
             and
             doore-keepers
             of
             Councels
             ;
             the
             executers
             of
             their
             decrees
             .
             Which
             honour
             is
             preserved
             unto
             them
             by
             the
             Councell
             of
             Trent
             ;
             for
             hearke
             how
             they
             speake
             of
             them
             in
             the
             22
             Canon
             of
             the
             last
             Session
             ;
             
             
               The
               holy
               Councell
               also
               exhorteth
               all
               Kings
               ,
               Princes
               ,
               Common-wealths
               and
               Magistrates
               ,
               and
               by
               virtue
               of
               holy
               obedience
               commandeth
               them
               to
               interpose
               their
               aid
               and
               authority
               for
               the
               assisting
               of
               the
               foresaid
               Bishops
               ,
               Abbats
               ,
               Generals
               ,
               and
               others
               that
               have
               the
               charge
               and
               superintendance
               of
               putting
               the
               said
               reformation
               in
               execution
               ,
               every
               time
               ,
               and
               as
               oft
               as
               they
               shall
               bee
               required
               so
               to
               doe
               .
            
             And
             at
             the
             end
             of
             the
             same
             Session
             ;
             
             
               It
               remaines
               now
               that
               it
               exhort
               in
               the
               Lord
            
             (
             
               as
               it
               doth
            
             )
             
               all
               Princes
               ,
               so
               to
               empl●y
               their
               paines
               ,
               that
               they
               suffer
               not
               such
               things
               a●
               are
               decreed
               by
               ●t
               to
               bee
               depraved
               and
               violated
               by
               heretiques
               ;
               but
               that
               they
               and
               all
               others
               devoutly
               receive
               them
               ,
               and
               faithfully
               observe
               them
               .
            
             Good
             God!
             where
             is
             now
             the
             time
             that
             Councels
             
             ent●eated
             the
             Emperour
             with
             so
             much
             honour
             and
             submission
             and
             humblenesse
             of
             spirit
             to
             confirme
             their
             decrees
             ?
             
             yea
             when
             they
             came
             in
             corps
             from
             one
             Province
             to
             another
             to
             finde
             him
             out
             ,
             to
             acquaint
             him
             with
             them
             ,
             to
             entreat
             him
             to
             assent
             unto
             them
             ,
             and
             to
             authorize
             them
             ?
          
        
         
           
             CHAP.
             XII
             .
             That
             the
             Pope
             did
             not
             preside
             in
             Generall
             Councels
             .
          
           
             1
             HAving
             proved
             already
             that
             the
             Presidence
             in
             Councels
             belongs
             to
             Emperours
             and
             Kings
             ,
             it
             is
             good
             to
             inferre
             ,
             therefore
             there
             is
             no
             reason
             the
             Pope
             should
             arrogate
             it
             unto
             himselfe
             exclusively
             to
             all
             others
             :
             and
             that
             the
             Councell
             of
             Trent
             is
             by
             good
             right
             rejected
             in
             France
             ,
             because
             hee
             tooke
             upon
             him
             to
             authorize
             it
             .
             The
             Pope
             may
             yet
             pretend
             that
             this
             right
             belongs
             unto
             him
             ,
             at
             least
             by
             way
             of
             concurrence
             with
             others
             .
             Hee
             would
             make
             us
             beleeve
             upon
             Bellarmines
             word
             ,
             that
             by
             meanes
             of
             his
             Legats
             hee
             alwaies
             presided
             in
             Generall
             Councels
             .
             Wee
             have
             made
             it
             appeare
             that
             it
             is
             not
             so
             .
             Hee
             may
             say
             perchance
             that
             at
             least
             hee
             presided
             in
             many
             of
             them
             .
             Let
             us
             now
             prove
             the
             contrary
             ;
             which
             will
             be
             an
             easie
             matter
             to
             doe
             .
             Wee
             have
             already
             shewed
             that
             Constantine
             was
             President
             in
             that
             of
             
               Nice
               .
               Bellarmine
            
             saith
             it
             was
             the
             Popes
             Legats
             ,
             who
             were
             in
             number
             three
             ,
             and
             amongst
             them
             Hosius
             the
             Spanish
             Bishop
             was
             one
             .
             Marke
             his
             reasons
             :
             
               They
               all
               three
            
             (
             saith
             he
             )
             
               subscribed
               first
            
             .
             True
             ,
             but
             not
             in
             the
             quality
             of
             Presidents
             ,
             (
             they
             never
             say
             so
             )
             but
             as
             supplying
             his
             place
             to
             whom
             the
             first
             ranke
             of
             honour
             amongst
             the
             rest
             of
             the
             Patriarches
             doth
             belong
             .
             And
             to
             prevent
             a
             reply
             ,
             Bellarmine
             ,
             saith
             the
             same
             Hosius
             ,
             was
             President
             of
             the
             Councell
             of
             Sardis
             ;
             
             and
             yet
             we
             find
             one
             and
             twenty
             ,
             or
             more
             that
             subscrib'd
             before
             him
             .
             This
             is
             ordinary
             in
             all
             the
             ancient
             Councels
             ,
             that
             hee
             who
             was
             most
             eminent
             in
             Ecclesiastical
             dignity
             subscribed
             first
             ,
             not
             he
             that
             presided
             .
             There
             needs
             no
             more
             to
             prove
             this
             ,
             but
             to
             perufe
             the
             subscriptions
             ,
             which
             wee
             have
             for
             the
             most
             part
             at
             the
             end
             of
             the
             Acts.
             
          
           
             2
             In
             the
             next
             place
             hee
             saith
             .
             Cedrenus
             and
             Photius
             affirme
             ,
             
               That
               Pope
            
             Sylvester
             
               by
               his
               Legats
               gave
               authoritie
               to
               the
               Councell
               of
            
             Nice
             .
             I
             grant
             it
             ;
             but
             so
             did
             the
             other
             Patriarchs
             as
             well
             as
             he
             ,
             for
             without
             them
             a
             Councel
             cannot
             be
             called
             Generall
             .
             And
             further
             ,
             there
             's
             none
             denyes
             but
             the
             See
             of
             Rome
             carried
             alwayes
             a
             great
             lustre
             ,
             and
             that
             in
             consideration
             that
             the
             Citie
             was
             the
             head
             of
             the
             Empire
             ;
             but
             the
             conclusion
             is
             not
             worth
             a
             rush
             ,
             to
             say
             ,
             therefore
             hee
             was
             President
             there
             .
          
           
             
             3
             For
             a
             thir●
             reason
             he
             serves
             himselfe
             of
             the
             authority
             of
             Athanasius
             ,
             who
             writes
             ,
             That
             Hosius
             
               was
               the
               Prince
               in
               that
               Councell
               ,
               and
               that
               he
               was
               the
               man
               that
               compiled
               the
               Creed
               .
            
             But
             wee
             must
             consider
             that
             the
             word
             Princeps
             in
             that
             place
             doth
             not
             signifie
             President
             :
             But
             when
             Athanasius
             useth
             it
             ,
             or
             Zonaras
             the
             verb
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             or
             another
             the
             verb
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             they
             meane
             those
             that
             were
             the
             principall
             in
             the
             Councell
             for
             dignity
             or
             knowledge
             .
             
             So
             when
             Zonaras
             speaks
             of
             those
             Patriarches
             that
             were
             present
             at
             a
             Councell
             ,
             he
             cals
             them
             all
             
               Princes
               of
               the
               Councell
            
             .
             And
             speaking
             of
             the
             second
             Generall
             ,
             he
             saith
             ,
             that
             
               The
               Great
               Bishop
            
             Gregory
             Nyssen
             ,
             
               and
               St.
            
             Amphilochius
             
               were
               the
               Princes
               in
               that
               dispute
               .
            
             And
             for
             Hosius
             he
             was
             the
             Bishop
             ,
             that
             by
             reason
             of
             his
             learning
             over-top'd
             
             all
             the
             rest
             ,
             not
             onely
             in
             this
             Councell
             but
             in
             all
             others
             wheresoever
             hee
             was
             present
             .
             
             And
             this
             is
             the
             reason
             why
             the
             same
             Athanasius
             in
             his
             second
             apology
             saith
             ,
             
               What
               Councell
               is
               there
               where
               hee
               was
               not
               Prince
               ?
               Or
               who
               is
               hee
               that
               was
               able
               to
               withstand
               his
               Orthodox
               opinion
               ?
               What
               Church
               is
               there
               that
               hath
               not
               the
               most
               excellent
               monuments
               of
               his
               defences
               ?
            
             So
             then
             here
             's
             the
             point
             :
             Hee
             drew
             all
             the
             world
             to
             his
             opinion
             ,
             hee
             was
             admired
             for
             his
             learning
             and
             discourse
             ,
             and
             for
             that
             reason
             hee
             was
             as
             the
             Prince
             ,
             or
             chiefe
             above
             all
             the
             rest
             ,
             Ergo
             he
             was
             President
             .
             We
             deny
             that
             argument
             .
          
           
             4
             It
             is
             also
             agreed
             upon
             that
             the
             Pope
             did
             not
             preside
             at
             the
             second
             Generall
             Councell
             ,
             which
             was
             holden
             at
             Constantinople
             ,
             neither
             in
             person
             ,
             nor
             by
             his
             Legats
             .
             It
             is
             true
             ,
             Bellarmine
             observes
             one
             thing
             which
             he
             thinks
             very
             advantageous
             for
             him
             ;
             which
             is
             ,
             
               That
               the
               Emperour
               sent
               ●uto
               the
               Bishops
               the
               Popes
               letters
               ,
               whereby
               they
               were
               summoned
               to
               the
               Councell
            
             :
             But
             wee
             have
             already
             made
             it
             appeare
             that
             Bellarmines
             wits
             were
             a
             wool-gathering
             when
             he
             made
             this
             exposition
             ,
             seeing
             the
             Popes
             letters
             to
             the
             Emperour
             doe
             not
             decree
             that
             convocation
             ;
             but
             on
             the
             contrary
             the
             Pope
             summons
             the
             Easterne
             Bishops
             by
             virtue
             of
             the
             Emperours
             letters
             ;
             as
             wee
             have
             shewed
             elsewhere
             at
             large
             .
             Hee
             excuseth
             the
             Pope
             for
             not
             being
             present
             at
             that
             Councell
             of
             Constantinople
             .
             We
             admit
             of
             his
             excuse
             ,
             but
             we
             intreat
             him
             withall
             to
             beleeve
             ,
             that
             though
             hee
             had
             beene
             there
             hee
             should
             not
             have
             presided
             ,
             unlesse
             it
             had
             beene
             the
             Emperours
             pleasure
             .
             For
             whereas
             hee
             saith
             ,
             the
             Bishops
             of
             that
             Councell
             doe
             by
             their
             letters
             acknowledge
             the
             Pope
             for
             their
             head
             ,
             and
             call
             themselves
             his
             members
             ;
             we
             deny
             that
             it
             is
             ought
             so
             .
             They
             doe
             not
             direct
             their
             letters
             to
             the
             Pope
             ,
             but
             to
             the
             Councell
             of
             Rome
             ,
             which
             had
             writ
             unto
             them
             ,
             and
             whereto
             they
             returne
             an
             answer
             .
             Afterwards
             they
             call
             themselves
             members
             of
             the
             Councell
             ,
             but
             doe
             not
             speake
             a
             syllable
             of
             the
             head
             .
             What
             can
             he
             gather
             thence
             for
             the
             Pope
             ?
          
           
             5
             Bellarmine
             concludes
             ,
             that
             Nectarius
             Bishop
             of
             Constantinople
             did
             preside
             in
             the
             Popes
             absence
             .
             But
             I
             doubt
             of
             that
             ,
             for
             I
             have
             read
             in
             Theodoret
             ,
             
             that
             the
             Councell
             of
             Constantinople
             begun
             before
             this
             Nectarius
             was
             admitted
             Patriarch
             ;
             who
             was
             formerly
             a
             Patrician
             and
             Senatour
             ,
             and
             by
             consequent
             a
             Lay
             man.
             Which
             is
             further
             confirmed
             by
             the
             letters
             of
             the
             same
             Synod
             of
             Constantinople
             to
             that
             at
             Rome
             ,
             where
             it
             is
             said
             ,
             
             
               We
               have
               created
            
             Nectarius
             
               Bishop
               of
            
             Constantinople
             ,
             
               in
               the
               open
               face
               of
               the
               General
               Councel
               with
               unanimous
               consent
               ,
               before
               the
               Emperor
            
             Theodosius
             ,
             
               and
               all
               the
               Clergy
               ,
               the
               Citie
               likewise
               consenting
               thereunto
               .
            
             This
             being
             so
             ,
             I
             am
             afraid
             wee
             must
             bee
             forced
             to
             seeke
             the
             presidence
             in
             some
             other
             than
             Nectarius
             .
             And
             without
             doubt
             the
             Emperour
             was
             the
             man
             ,
             let
             Bellarmine
             say
             what
             he
             will
             ,
             who
             removes
             him
             far
             from
             the
             Councell
             ;
             telling
             us
             how
             he
             sent
             the
             Popes
             letters
             thither
             ,
             which
             contained
             the
             convocation
             of
             it
             .
             
             The
             Councell
             hath
             already
             enformed
             us
             by
             their
             letters
             which
             they
             sent
             to
             Rome
             ,
             that
             the
             Emperour
             was
             present
             at
             the
             election
             of
             Nectarius
             .
             And
             Zonaras
             testifies
             that
             he
             assisted
             at
             the
             Councell
             after
             the
             creation
             of
             Nectarius
             .
             
             Great
             Amphilochius
             (
             saith
             he
             )
             
               desired
               the
               Emperour
               ,
               that
               the
            
             Arrians
             ,
             
               who
               spoke
               ill
               of
               the
               sonne
               of
               God
               ,
               might
               be
               banished
               the
               Citie
               ,
               or
               at
               least
               prohibited
               from
               having
               any
               assemblies
               :
               but
               perceiving
               that
            
             Theodosius
             
               set
               light
               by
               it
               ,
               having
               taken
               a
               time
               of
               purpose
               when
            
             Arcadius
             
               the
               Emperours
               son
               sat
               in
               the
               Councell
               with
               his
               father
               ,
               he
               did
               unto
            
             Theodosius
             
               both
               in
               word
               and
               gesture
               that
               honour
               which
               was
               due
               unto
               him
               as
               Emperour
               :
               but
               unto
            
             Arcadius
             ,
             
               he
               said
               no
               more
               but
               ,
               God
               save
               you
               my
               sonne
               .
               Whereat
               the
               Emperour
               being
               offended
               ,
               this
               holy
               man
               told
               him
               ;
               You
               ,
               who
               are
               but
               a
               man
               ,
               take
               it
               ●einously
               out
               that
               your
               sonne
               should
               be
               sleighted
               ,
               doe
               you
               thinke
               that
               God
               is
               not
               offended
               also
               that
               his
               only
               sonne
               should
               be
               evill
               spoken
               of
               ?
            
          
           
             6
             Come
             wee
             now
             to
             the
             third
             Generall
             Councell
             which
             was
             holden
             at
             Ephesus
             .
             It
             hath
             been
             said
             above
             ,
             that
             Theodosius
             the
             younger
             sent
             one
             Candidianus
             
             thither
             for
             his
             part
             to
             preside
             there
             ,
             
             but
             with
             a
             limited
             power
             ,
             not
             to
             intermeddle
             with
             points
             of
             divinity
             .
             This
             limitation
             was
             a
             reason
             why
             there
             was
             another
             to
             manage
             the
             action
             ;
             to
             wit
             ,
             Cyrill
             Bishop
             of
             Alexandria
             ,
             namely
             for
             such
             matters
             as
             Candidianus
             had
             no
             commission
             to
             deal
             in
             .
             Now
             the
             question
             is
             ,
             whether
             Cyrill
             was
             chosen
             by
             the
             Emperour
             ,
             or
             by
             the
             Councell
             ,
             or
             assumed
             the
             presidence
             as
             of
             right
             belonging
             to
             himselfe
             .
             And
             it
             is
             further
             questionable
             ,
             whether
             he
             presided
             in
             the
             quality
             of
             the
             Patriarch
             of
             Alexandria
             ,
             or
             of
             the
             Popes
             Legat.
             We
             cannot
             well
             resolve
             either
             one
             or
             other
             of
             these
             questions
             for
             want
             of
             authorities
             ,
             for
             the
             ancients
             doe
             not
             specifie
             whether
             he
             had
             this
             Presidence
             by
             election
             ,
             or
             intrusion
             ,
             or
             toleration
             .
             And
             for
             the
             other
             query
             ,
             wee
             have
             nothing
             to
             say
             to
             it
             for
             certaine
             .
             Hee
             was
             president
             ,
             't
             is
             true
             ;
             he
             was
             the
             Popes
             Legat
             ,
             't
             is
             true
             too
             .
             But
             for
             all
             this
             it
             will
             not
             follow
             that
             the
             Presidence
             was
             granted
             unto
             him
             as
             the
             Popes
             Legat
             ,
             for
             so
             the
             rest
             of
             the
             Popes
             Legats
             should
             have
             been
             Presidents
             aswell
             as
             he
             ,
             which
             no
             ancient
             authour
             ever
             yet
             affirmed
             .
             So
             all
             the
             places
             which
             are
             brought
             to
             prove
             the
             Popes
             Presidence
             in
             that
             Councell
             ,
             in
             the
             person
             of
             his
             Legats
             speake
             but
             of
             Cyrill
             only
             :
             whence
             it
             follows
             that
             they
             exclude
             the
             rest
             ●rom
             it
             .
          
           
             7
             There
             is
             yet
             a
             very
             notable
             reason
             ,
             which
             is
             ,
             that
             before
             there
             was
             any
             talke
             of
             this
             councel
             of
             Ephesus
             ,
             
             the
             Pope
             had
             sent
             Cyril
             in
             his
             stead
             to
             put
             the
             sentence
             in
             execution
             ,
             which
             was
             by
             him
             pronounced
             in
             his
             Councell
             at
             Rome
             against
             Nestorius
             Patriarch
             of
             Constantinople
             ,
             in
             case
             he
             did
             not
             relinquish
             his
             heresie
             within
             ten
             dayes
             after
             admonition
             .
             For
             behold
             what
             the
             same
             Councel
             saith
             of
             it
             in
             their
             letters
             writ
             to
             the
             Emperours
             Theodosius
             and
             Valentinian
             ;
             Celestine
             
               the
               most
               holy
               Bishop
               of
               Great
            
             Rome
             ,
             
             
               signified
               by
               his
               letters
               the
               sentence
               passed
               by
               him
               and
               his
               Councell
               at
            
             Rome
             ,
             
               before
               any
               Synod
               was
               assembled
               at
            
             Ephesus
             ,
             
               and
               had
               delegated
            
             Cyrill
             
               to
               put
               in
               execution
               what
               had
               been
               adjudged
               by
               him
               at
            
             Rome
             ,
             
               and
               sent
               him
               in
               his
               place
               and
               stead
               .
            
             And
             in
             deed
             the
             Pope
             ,
             thinking
             no
             more
             of
             that
             delegation
             ,
             sent
             afterwards
             other
             Legats
             for
             the
             Councell
             of
             Ephesus
             ,
             which
             yet
             did
             not
             preside
             there
             .
             Which
             plainely
             shewes
             that
             Cyrill
             was
             president
             in
             some
             other
             quality
             than
             of
             the
             Roman
             Legat
             :
             
             seeing
             they
             who
             had
             particular
             and
             expresse
             charge
             from
             the
             Pope
             to
             assist
             at
             that
             Councel
             for
             him
             ,
             and
             who
             came
             in
             fresh
             in
             his
             behalf
             ,
             had
             more
             right
             so
             to
             do
             ,
             than
             hee
             who
             had
             beene
             onely
             delegated
             by
             him
             to
             put
             a
             sentence
             in
             execution
             .
          
           
             8
             For
             the
             fourth
             Generall
             Councell
             which
             was
             that
             of
             Chalcedon
             ,
             it
             i●
             plaine
             from
             what
             we
             have
             said
             of
             it
             already
             ,
             that
             one
             of
             the
             Popes
             Legats
             presided
             only
             in
             one
             Action
             ,
             and
             that
             in
             the
             absence
             of
             the
             Emperour
             and
             his
             Officers
             ,
             and
             not
             as
             a
             true
             President
             neither
             ,
             but
             as
             one
             who
             found
             himselfe
             to
             bee
             the
             most
             worthy
             person
             in
             degree
             of
             honour
             ;
             neither
             the
             Emperour
             nor
             the
             Councell
             having
             made
             other
             election
             :
             besides
             ,
             that
             the
             Pope
             strongly
             affected
             this
             presidence
             ,
             that
             he
             writ
             to
             the
             Emperour
             about
             it
             ;
             that
             he
             complained
             to
             all
             the
             world
             of
             it
             ;
             that
             hee
             had
             given
             instructions
             to
             his
             Legats
             that
             they
             should
             be
             sure
             to
             take
             the
             place
             without
             suffering
             themselves
             to
             be
             prayed
             to
             it
             ,
             yea
             without
             being
             invited
             to
             it
             .
             Nor
             can
             there
             be
             any
             advantage
             for
             the
             Pope
             taken
             from
             that
             which
             Zonaras
             saith
             in
             the
             third
             Tome
             of
             his
             History
             ,
             
               That
               the
               Pope
               was
               Prince
               of
               that
               Councell
            
             :
             for
             that
             signifies
             he
             was
             one
             of
             the
             heads
             :
             for
             Zonaras
             speakes
             as
             much
             of
             the
             other
             Patriarchs
             ,
             calling
             them
             Princes
             or
             prime
             men
             of
             the
             Councell
             .
             
               The
               Princes
               of
               this
               Councell
               were
            
             (
             saith
             he
             )
             Leo
             
               Pope
               of
            
             Rome
             ,
             Anathalius
             
               Patriarch
               of
            
             Constantinople
             ,
             and
             Iuvenal
             of
             Ierusalem
             .
          
           
             9
             For
             the
             fift
             Generall
             ,
             which
             is
             the
             second
             of
             
               Constantinople
               ,
               Bellarmine
            
             grants
             that
             Eutychius
             Patriarch
             of
             Constantinople
             presided
             at
             it
             ,
             
             and
             not
             Pope
             Vigilius
             :
             but
             he
             addes
             that
             Vigilius
             might
             have
             beene
             president
             if
             he
             would
             .
             He
             proves
             his
             assertion
             by
             the
             authoritie
             of
             Zonaras
             ,
             who
             makes
             against
             him
             if
             we
             reade
             the
             passage
             entire
             ,
             and
             not
             by
             halves
             ,
             as
             hee
             cites
             it
             :
             for
             (
             saith
             hee
             )
             
             Vnder
             Eutychius
             (
             that
             is
             the
             Patriarch
             of
             Constantinople
             )
             
               the
               fift
               Councell
               was
               assembled
            
             ,
             
             
               consisting
               of
            
             165●
             
               Fathers
               ,
               of
               whom
            
             Vigilius
             
               Pope
               of
            
             Rome
             
               was
               Prince
               ,
               and
            
             Eutychius
             ,
             
               of
               whom
               we
               have
               spoken
               already
               ,
               and
            
             Apollinaris
             (
             Patriarch
             )
             of
             Alexandria●
             See
             here
             ,
             the
             Pope
             was
             not
             president
             himselfe
             alone
             ,
             but
             had
             his
             associates
             ,
             which
             he
             will
             not
             allow
             .
             And
             therefore
             wee
             must
             have
             recourse
             to
             what
             we
             have
             said
             before
             ,
             that
             the
             word
             Prince
             is
             taken
             for
             the
             principall
             among
             the
             Clergie
             ,
             whether
             for
             learning
             or
             dignity
             :
             and
             this
             is
             the
             reason
             why
             all
             the
             Patriarchs
             (
             amongst
             whom
             he
             of
             Rome
             is
             chiefe
             )
             are
             called
             Heads
             or
             Princes
             of
             the
             Councell
             ;
             but
             there
             can
             nothing
             be
             inferred
             from
             thence
             for
             the
             presidence
             .
             And
             to
             the
             end
             that
             we
             may
             put
             this
             exposition
             out
             of
             all
             question
             ,
             (
             which
             is
             in
             it selfe
             most
             true
             )
             over
             and
             above
             those
             passages
             of
             Zonaras●
             whereof
             we
             have
             spoke
             already
             ,
             wee
             will
             yet
             produce
             some
             to
             that
             purpos●
             out
             of
             the
             booke
             entitled
             ,
             
               An
               explanation
               of
               the
               holy
               and
               venerable
               Synods
               ,
            
             printed
             at
             Paris
             the
             yeare
             1553
             out
             of
             the
             Kings
             library
             .
             
             Where
             it
             is
             said
             of
             the
             first
             Nicene
             Councell
             ,
             
               At
               which
               Councell
            
             Sylvester
             
               Bishop
               of
            
             Rome
             ,
             Alexander
             of
             Constantinople
             ,
             Alexander
             of
             Alexandria
             ,
             Eustachius
             of
             Antioch
             ,
             and
             Macarius
             of
             Ierusalem
             
               were
               heads
               or
               presidents
            
             .
             Those
             were
             the
             five
             Patriarchs
             which
             were
             present
             there
             ,
             either
             in
             person
             ,
             or
             by
             their
             Legats
             .
             Where
             notwithstanding
             (
             to
             give
             notice
             of
             it
             by
             the
             way
             )
             wee
             may
             observe
             a
             mistake
             in
             the
             author
             ,
             who
             by
             way
             of
             anticipation
             reckons
             the
             Bishop
             of
             Constantinople
             amongst
             the
             Patriarchs
             ,
             not
             remembring
             that
             he
             obtained
             that
             degree
             of
             honour
             at
             the
             second
             generall
             Councell
             holden
             at
             Constantinople
             :
             and
             hither
             also
             must
             that
             other
             passage
             of
             the
             same
             author
             be
             referred
             ,
             
               The
               Presidents
               of
               this
               Councell
               were
            
             Damasus
             
               Bishop
               of
            
             Rome
             ,
             Nectarius
             of
             Constantinople
             ,
             Timothy
             of
             Alexandria
             ,
             Cyrill
             of
             Ierusalem
             ,
             Meletius
             of
             Antioch
             ,
             Gregory
             
               the
               Great
               the
               Divine
            
             ,
             Gregory
             Nyssen
             ,
             &
             Amphilochius
             of
             Iconiū
             .
             He
             reckons
             the
             five
             first
             as
             Patriarches
             ,
             and
             the
             three
             last
             as
             great
             Doctors
             ,
             famous
             for
             their
             learning
             .
             Zonaras
             saith
             ,
             
             they
             were
             chiefe
             in
             the
             dispute
             ,
             using
             the
             word
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             which
             the
             Latine
             translation
             renders
             
               Principes
               fuere
            
             .
             For
             the
             third
             General
             holden
             at
             Ephesus
             ,
             he
             speaks
             thus
             of
             it
             :
             
               In
               this
               Councel
            
             Celestine
             
               Bishop
               of
            
             Rome
             ,
             Cyril
             of
             Alexandria
             ,
             Iuvenal
             of
             Ierusalem
             ,
             and
             Memnon
             of
             Ephesus
             
               were
               Presidents
            
             .
             This
             last
             is
             ranked
             also
             amongst
             the
             chiefest
             ,
             by
             reason
             of
             his
             worth
             and
             learning
             .
             Of
             the
             fourth
             Generall
             holden
             at
             Chalcedon
             ,
             he
             saith
             ,
             
               At
               which
               Councell
            
             Leo
             
               Bishop
               of
            
             Rome
             ,
             Anatolius
             of
             Constantinople
             ,
             Iuvenal
             of
             Ierusalem
             ,
             and
             Maximus
             of
             Antioch
             
               were
               chiefs
               and
               Presidents
            
             .
             Of
             the
             fift
             Generall
             at
             
               Constantinople
               ,
               The
               heads
               of
               which
               Councel
               were
            
             Vigilius
             
               Pope
               of
            
             Rome●
             Eutychius
             
               Bishop
               of
            
             Constantinople
             ,
             Apollinaris
             of
             Alexandria
             ,
             Domnus
             of
             Antioch
             ,
             and
             Damianus
             of
             Ierusalem
             .
             Of
             the
             sixt
             Generall
             holden
             at
             
               Constantinople
               ,
               The
               chiefs
               of
               which
               Councel
               were
            
             Agatho
             
               Bishop
               of
            
             Rome
             ,
             George
             of
             Constantinople
             ,
             Peter
             
               the
               Monke
               ,
               deputy
               for
               the
               Bishop
               of
            
             Alexandria
             ,
             and
             Theophanes
             of
             Antioch
             .
             Of
             the
             seventh
             Generall
             held
             at
             
               Nice
               ,
               The
               Presidents
               of
               which
               Councell
               were
            
             Hadrianus
             
               Pope
               of
            
             Rome
             ,
             Tarasius
             
               Bishop
               of
            
             Constantinople
             ,
             Politian
             of
             Alexandria
             ,
             Theodoret
             
               Bishop
               of
            
             Antioch
             ,
             Elias
             of
             Ierusalem
             .
             In
             all
             which
             passages
             it
             is
             in
             the
             Greek
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             :
             and
             in
             the
             Latine
             translation
             ,
             
               Cui
               Concilio
               praefuerunt
            
             .
             You
             see
             then
             the
             Pope
             is
             well
             accompanied
             in
             his
             pretended
             Presidence
             .
             Hee
             is
             continually
             named
             first
             for
             his
             degree
             of
             honour
             before
             ,
             not
             for
             his
             superexcellence
             above
             the
             rest
             .
             And
             besides
             hee
             is
             reckoned
             first
             only
             amongst
             the
             Clergy
             ,
             for
             as
             for
             the
             Emperours
             and
             their
             Officers
             ,
             they
             tooke
             place
             of
             all
             in
             Councels
             ,
             as
             is
             evident
             from
             the
             Acts
             :
             But
             let
             us
             come
             back
             to
             Bellarmine
             againe
             .
          
           
             10
             That
             other
             passage
             which
             he
             alledgeth
             out
             of
             Eutychius
             the
             Patriarch
             of
             Constantinople's
             letter
             to
             Pope
             Vigiliu●
             seems
             to
             be
             more
             pressing
             ,
             where
             hee
             saith
             ,
             
               Wherefore
               wee
               desire
               to
               treat
               and
               conferre
               upon
               these
               points
               with
               joynt
               forces
               ,
               Praesidente
               nobis
               vestr●
               beatitudine
               ,
            
             under
             your
             pr●sidence
             .
             These
             words
             
             might
             be
             spoke
             by
             way
             of
             complement
             ,
             in
             manner
             of
             a
             kisse-your-hand
             ,
             or
             proffer
             of
             service
             :
             
             But
             however
             wee
             must
             of
             necessity
             confesse
             two
             things
             :
             First
             ,
             that
             the
             Emperour
             Iustinian
             ,
             however
             he
             was
             not
             present
             at
             the
             Councell
             ,
             had
             authority
             there
             notwithstanding
             ,
             for
             he
             call'd
             it
             ;
             he
             sent
             the
             poynts
             which
             they
             were
             to
             deliberate
             upon
             ;
             he
             commanded
             them
             to
             appeare
             at
             the
             Synod
             with
             the
             rest
             of
             the
             Bishops
             .
             
             
               Wee
               have
               commanded
               him
            
             (
             saith
             he
             )
             
               by
               our
               Iudges
               ,
               and
               by
               some
               among
               you
               ,
               to
               meet
               you
               ,
               and
               treat
               in
               common
               with
               you
               of
               the
               points
               aforesaid
               .
            
             It
             is
             true
             the
             Pope
             excused
             himselfe
             ,
             saying
             ,
             
               Hee
               could
               not
               come
            
             ,
             (
             these
             are
             his
             very
             words
             )
             
               because
               there
               were
               a
               great
               many
               Easterne
               Bishops
               at
               the
               Councell
               ,
               and
               hee
               should
               have
               but
               a
               few
               Westerne
               with
               him
               there
               .
            
             And
             this
             he
             alwayes
             insisted
             upon
             ,
             saying
             ,
             that
             hee
             would
             only
             give
             his
             advice
             upon
             three
             points
             which
             had
             been
             proposed
             by
             the
             Emperour
             ;
             and
             that
             in
             such
             sort
             ,
             that
             the
             Bishops
             of
             the
             Councell
             were
             offended
             with
             him
             :
             for
             see
             here
             what
             they
             say
             of
             him
             at
             last●
             
               And
               whereas
               hee
               proffered
               to
               give
               his
               advice
               by
               himselfe
               alone
               ,
               after
               he
               had
               beene
               divers
               times
               invited
               by
               us
               all
               to
               come
               hither
               ,
               and
               by
               the
               right
               honourable
               Iudges
               sent
               unto
               him
               on
               the
               behalfe
               of
               the
               most
               devout
               Emperour
               after
               he
               had
               notice
               of
               that
               answer
               :
               having
               the
               Apostles
               admonition
               in
               minde
               ,
               That
               every
               one
               shall
               give
               account
               to
               God
               for
               himselfe
               ;
               and
               also
               fearing
               that
               judgement
               which
               is
               laid
               up
               for
               those
               that
               offend
               one
               of
               the
               litle
               ones
               ,
               much
               more
               when
               they
               offend
               the
               most
               Christian
               Emperour
               ,
               whole
               Nations
               and
               Churches
               ;
               and
               that
               which
               the
               Lord
               said
               to
               St.
            
             Paul
             ,
             
               Feare
               not
               ,
               but
               speake
               ,
               and
               be
               not
               silent
               ,
               for
               I
               am
               with
               thee
               ,
               and
               no
               body
               shall
               do
               thee
               harme
               ,
               We
               therfore
               being
               assembled
               together
               ,
               have
               acknowledged
               in
               the
               first
               place
               ,
            
             &c.
             
             2
             The
             n●xt
             is
             that
             the
             Pope
             would
             never
             condescend
             to
             assist
             at
             that
             Councell
             ,
             though
             (
             as
             it
             follows
             from
             these
             very
             passages
             )
             hee
             was
             entreated
             thereunto
             both
             by
             the
             Emperour
             and
             all
             the
             Bishops
             therein
             .
             In
             briefe
             ,
             hee
             desired
             alwayes
             to
             act
             his
             pageant
             apart
             ,
             and
             would
             not
             entermedle
             himselfe
             among
             the
             Easterne
             Bishops
             .
             Wherefore
             nothing
             can
             be
             collected
             hence
             which
             makes
             for
             the
             Popes
             advantage
             .
             But
             on
             the
             contrary
             ,
             whosoever
             shall
             read
             all
             the
             acts
             of
             that
             Councell
             ,
             will
             finde
             it
             is
             a
             thing
             much
             redounding
             to
             his
             disgrace
             ;
             that
             hee
             should
             be
             resident
             in
             the
             same
             Citie
             after
             a
             Councell
             was
             there
             assembled
             ,
             and
             being
             requested
             to
             goe
             to
             it
             to
             treat
             of
             points
             of
             great
             importance
             ,
             that
             hee
             should
             refuse
             to
             communicate
             with
             his
             brethren
             and
             fellow-Bishops
             ,
             as
             it
             is
             related
             in
             the
             very
             Acts.
             And
             without
             doubt
             this
             is
             a
             mighty
             breach
             in
             his
             universality
             ;
             especially
             seeing
             he
             excuseth
             himselfe
             for
             not
             comming
             into
             the
             Councell
             ,
             because
             he
             had
             but
             a
             few
             Western
             Bishops
             with
             him
             :
             for
             he
             therby
             confesseth
             he
             had
             no
             great
             authority
             over
             the
             rest
             :
             Yea
             it
             is
             one
             of
             the
             strongest
             arguments
             that
             can
             be
             brought
             to
             prove
             that
             the
             presidence
             in
             Councels
             belonged
             not
             to
             him
             ;
             it
             being
             very
             probable
             that
             if
             so
             ,
             he
             would
             have
             forborne
             comming
             thither
             :
             Which
             Bellarmine
             in
             his
             workes
             doth
             not
             greatly
             dissemble
             .
          
           
             11
             The
             Acts
             of
             the
             sixt
             General
             Councel
             ,
             which
             was
             the
             third
             of
             Constantinople
             ,
             
             tell
             us
             in
             downright
             termes
             ,
             that
             Constantine
             the
             Emperour
             was
             President
             of
             it
             ,
             and
             not
             the
             Popes
             Legats
             .
          
           
             12
             As
             for
             the
             second
             Nicene
             ,
             which
             is
             counted
             the
             seventh
             ,
             it
             is
             not
             said
             in
             the
             Acts
             thereof
             ,
             that
             the
             Emperours
             assisted
             at
             it
             ,
             for
             they
             were
             absent
             .
             There
             are
             indeed
             certaine
             Officers
             and
             Senatours
             which
             were
             present
             through
             all
             the
             Acts
             ,
             h●t
             not
             in
             the
             quality
             of
             Presidents
             or
             Iudges
             .
             As
             for
             the
             Popes
             Legates
             they
             are
             named
             first
             in
             every
             action
             ,
             and
             subscribed
             in
             the
             first
             place
             ;
             but
             nothing
             can
             be
             concluded
             thence
             for
             the
             Presidence
             .
             This
             was
             only
             granted
             unto
             the
             Pope
             ,
             because
             hee
             was
             chiefe
             in
             Ecclesiasticall
             dignity
             .
             It
             is
             a
             hard
             matter
             to
             know
             who
             had
             the
             Presidence
             in
             that
             Councell
             ,
             because
             when
             the
             question
             is
             of
             decreeing
             ,
             or
             pronouncing
             any
             thing
             ,
             the
             Councell
             is
             made
             to
             speak
             in
             corps
             ,
             as
             on
             this
             manner
             ,
             
               The
               Councell
               saith
               .
               The
               Councell
               ordaineth
               .
            
             Yet
             is
             
             not
             this
             carried
             so
             closely
             but
             it
             may
             appeare
             that
             Tarasius
             Patriarch
             of
             Constantinople
             managed
             the
             action
             ;
             
             seeing
             for
             the
             most
             part
             he
             proposeth
             and
             decreeth
             :
             yea
             ,
             and
             when
             the
             question
             is
             of
             giving
             voices
             ,
             the
             Popes
             Legates
             come
             in
             the
             first
             place
             ,
             and
             he
             in
             the
             last
             to
             make
             the
             conclusion
             ,
             as
             in
             the
             third
             Action
             .
             And
             besides
             those
             Legats
             shew
             themselves
             so
             seldome
             ,
             that
             hee
             that
             shall
             read
             all
             the
             Acts
             will
             never
             take
             them
             for
             Presidents
             .
             But
             o●serve
             I
             pray
             that
             which
             gives
             a
             shrewd
             blow
             to
             the
             Popes
             Presidence
             .
             When
             the
             Councell
             was
             finished
             ,
             
             
               Those
               which
               had
               celebrated
               it
            
             (
             saith
             Zonaras
             )
             
               repaired
               to
            
             Constantinople
             ,
             
               where
               the
               Acts
               of
               the
               Councell
               were
               read
               in
               the
               Palace
               royall
               ,
               the
               Emperor
               presiding
               there
               ,
               and
               upon
               the
               audience
               of
               every
               Action
               ,
               they
               were
               approved
               and
               subscribed
               unto
               by
               them
               .
            
          
           
             13
             As
             for
             the
             eighth
             General
             holden
             at
             Constantinople
             ,
             I
             professe
             the
             Popes
             Legats
             presided
             there
             :
             onely
             I
             entreat
             the
             reader
             to
             observe
             in
             his
             perusall
             of
             the
             Acts
             ,
             in
             what
             manner
             they
             make
             their
             Presidence
             passe
             for
             good
             ;
             they
             take
             good
             heed
             of
             not
             forgetting
             that
             title
             as
             in
             the
             former
             ;
             and
             it
             is
             credible
             they
             would
             have
             beene
             as
             carefull
             then
             ,
             if
             it
             had
             beene
             in
             their
             power
             .
             In
             the
             first
             place
             they
             produce
             their
             commissions
             and
             instructions
             ,
             wherby
             they
             are
             charged
             by
             the
             Pope
             to
             preside
             there
             :
             they
             met
             with
             such
             Emperours
             as
             they
             desired
             ,
             that
             is
             ,
             so
             honest
             and
             respective
             ,
             that
             they
             not
             only
             yeelded
             the
             Presidence
             to
             them
             ,
             but
             (
             which
             is
             worse
             )
             they
             would
             not
             signe
             the
             Acts
             till
             after
             the
             Bishops
             and
             Delegates
             ;
             as
             is
             testified
             in
             their
             subscriptions
             .
             Certaine
             Princes
             and
             Lords
             ,
             which
             assisted
             at
             that
             Synod
             by
             the
             Emperours
             command
             ,
             were
             also
             so
             milde
             and
             courteous
             ,
             in
             imitating
             their
             maisters
             example
             ,
             that
             the
             Popes
             Legats
             having
             requested
             them
             to
             put
             some
             interrogatories
             to
             certain
             men
             who
             were
             come
             into
             the
             Councell
             concerning
             a
             petition
             pref●rred
             by
             them
             ,
             they
             replyed
             ,
             
               In
               obedience
               to
               your
               request
               ,
               and
               upon
               your
               command
               wee
               will
               examine
               them
               ,
               not
               of
               our
               owne
               power
               ,
               for
               this
               power
               belongs
               to
               you
               .
            
             To
             be
             short
             ,
             it
             cannot
             be
             denyed
             but
             the
             Pope
             was
             truely
             the
             President
             of
             that
             Councel
             .
             So
             that
             we
             need
             not
             marvaile
             that
             he
             did
             such
             an
             ill
             office
             to
             Charles
             the
             Great
             ,
             as
             to
             condemne
             his
             Councell
             of
             Francfort
             ,
             considering
             he
             did
             not
             vouchsafe
             to
             devolve
             the
             presidence
             upon
             him
             .
          
           
             14
             Now
             we
             affirme
             yet
             for
             all
             this
             that
             this
             courtesie
             ought
             not
             to
             be
             drawn
             into
             an
             argument
             :
             that
             the
             Emperours
             might
             well
             prejudice
             themselves
             thus
             ,
             but
             not
             their
             successors
             .
             Yea
             it
             may
             be
             said
             that
             what
             they
             did
             in
             this
             case
             is
             a
             nullity
             ,
             seeing
             that
             by
             the
             very
             Decrees
             of
             Pope
             Alexander
             the
             third
             ,
             no
             man
             can
             forfeit
             a
             priviledge
             which
             is
             granted
             to
             his
             order
             ,
             ranke
             and
             dignitie
             .
             
             That
             because
             a
             man
             hath
             presided
             in
             one
             Councell
             ,
             he
             must
             not
             therefore
             pretend
             that
             the
             whole
             presidence
             belongs
             unto
             him
             ,
             and
             that
             the
             Emperour
             who
             was
             wont
             to
             preside
             in
             all
             ,
             hath
             no
             more
             right
             ever
             after
             .
          
           
             15
             All
             this
             then
             being
             proved
             to
             be
             true
             ,
             That
             the
             Emperors
             called
             Councels
             ;
             That
             they
             ,
             and
             not
             the
             Popes
             ,
             presided
             in
             them
             ;
             That
             when
             they
             pleased
             ,
             they
             had
             the
             whole
             stroke
             and
             authority
             in
             them
             :
             who
             will
             not
             henceforth
             startle
             to
             hear
             the
             language
             of
             Pope
             Nicholas
             to
             the
             Emperour
             
               Michael
               ?
               Where
               did
               you
               ever
               read
            
             (
             saith
             he
             )
             
               that
               your
               predecessors
               had
               ought
               to
               doe
               in
               any
               Councell
               ,
            
             
             
               unlesse
               perchance
               in
               some
               one
               ,
               wherein
               matters
               of
               faith
               were
               handled
               ?
            
             Wee
             aske
             him
             on
             the
             contrary
             ,
             where
             did
             he
             ever
             read
             ,
             that
             they
             had
             not
             to
             doe
             ?
             Yet
             we
             are
             much
             beholding
             to
             him
             for
             that
             exception
             ,
             
               unlesse
               in
               some
               one
            
             .
             The
             language
             of
             Leo
             the
             tenth
             and
             his
             Councell
             of
             Lateran
             is
             yet
             more
             frightfull
             :
             
             
               The
               Pope
               of
            
             Rome
             alone
             ,
             
               as
               having
               authority
               over
               all
               Councels
               ,
               hath
               full
               power
               and
               right
               to
               call
               ,
               transferre
               ,
               and
               dissolve
               Councels
               .
            
          
        
         
           
           
             CHAP.
             XIII
             .
             Of
             the
             Presidence
             of
             Kings
             and
             Princes
             ,
             in
             Councels
             .
          
           
             
             1
             HAving
             spoken
             of
             the
             Presidence
             of
             the
             Emperour
             and
             the
             Pope
             :
             it
             remaines
             we
             speake
             of
             that
             of
             Kings
             in
             the
             Councels
             &
             Synods
             of
             their
             own
             realmes
             .
             And
             for
             France
             we
             shall
             here
             marshal
             the
             examples
             of
             Charles
             the
             Great
             ,
             Lewes
             the
             Gentle
             ,
             and
             other
             French
             Emperours
             ,
             howbeit
             they
             might
             have
             beene
             disposed
             amongst
             the
             former
             .
             It
             is
             reported
             in
             the
             life
             of
             Charles
             the
             Great
             ,
             a
             
               At
               that
               time
               King
            
             Charles
             
               held
               a
               Synod
               at
            
             Valentia
             .
             And
             b
             again
             in
             the
             life
             of
             the
             same
             Prince
             ;
             
               He
               ,
               together
               with
               the
            
             French
             
               in
               generall
               ,
               held
               a
               Synod
               at
            
             Gennes
             ;
             
               and
               there
               dividing
               his
               army
               ,
               hee
               marched
               towards
               mount
            
             Senis
             .
             So
             saith
             c
             Regino
             divers
             times
             when
             he
             speaks
             of
             Charles
             the
             Great
             ,
             
               The
               King
               held
               a
               Synod
            
             :
             the
             words
             in
             Latine
             are
             
               habuit
               ,
               tenuit
            
             ,
             which
             signifie
             ,
             both
             his
             presence
             and
             his
             presidence
             .
             The
             Acts
             of
             the
             d
             Synod
             of
             Francfort
             say
             in
             plaine
             termes
             that
             he
             presided
             there
             ;
             for
             hearke
             how
             they
             speake
             of
             him
             in
             their
             letters
             to
             the
             Bishops
             of
             
               Spaine
               ;
               We
               have
               all
               met
               together
               by
               the
               command
               of
               the
               most
               pious
               ,
               and
               most
               glorious
               King
            
             Charles
             ,
             
               who
               presided
               amongst
               us
               ,
               to
               repaire
               the
               state
               of
               the
               Church
               .
            
             Yea
             ,
             which
             is
             more
             ,
             he
             disputed
             there
             about
             matters
             of
             faith
             ,
             and
             therefore
             it
             is
             probable
             hee
             delivered
             his
             opinion
             concerning
             them
             .
             e
             
               Vpon
               a
               day
            
             (
             say
             the
             Acts
             )
             
               being
               all
               at
               the
               Palace
               ,
               the
               Priests
               ,
               Deacons
               ,
               and
               all
               the
               Clergy
               being
               seated
               circular-wise
               ,
               in
               the
               presence
               of
               the
               said
               Prince
               ,
               there
               was
               a
               letter
               brought
               in
               ,
               sent
               by
            
             Elipend
             ,
             
               Bishop
               of
            
             Toledo
             ,
             
               who
               had
               committed
               a
               most
               enormous
               crime
               ,
               and
               being
               read
               aloud
               by
               the
               Kings
               command
               ;
               that
               reverend
               Prince
               rising
               up
               on
               a
               suddaine
               from
               his
               chaire
               of
               State
               ,
               continued
               standing
               ,
               and
               discoursed
               of
               matters
               of
               faith
               for
               a
               long
               time
               together
               ;
               adding
               at
               the
               close
               ,
               What
               thinke
               you
               of
               it
               ?
            
             And
             the
             Canons
             and
             Decrees
             of
             that
             very
             Councell
             informe
             us
             of
             much
             more
             :
             namely
             that
             Charles
             the
             Great
             was
             the
             author
             of
             them
             ,
             for
             hee
             is
             the
             speaker
             .
             The
             fourth
             begins
             thus
             ,
             
               The
               most
               pious
               King
               our
               Lord
               ordaineth
               with
               the
               consent
               of
               the
               Synod
               .
            
             At
             the
             sixth
             ,
             seventh
             ,
             and
             eleventh
             ,
             the
             King
             and
             the
             Councell
             both
             speake
             ,
             
               It
               is
               decreed
               by
               the
               King
               our
               Lord
               ,
               and
               the
               holy
               Synod
               .
            
             And
             at
             the
             tenth
             ,
             
               It
               is
               decreed
               by
               the
               King
               our
               Lord
               ,
               or
               by
               the
               Synod
               ,
               &c.
               
            
          
           
             
             2
             Lewes
             the
             Gentle
             at
             his
             entrance
             into
             the
             Councell
             of
             Aix
             ,
             made
             an
             exhortatory
             speech
             ,
             wherein
             he
             warnes
             the
             Bishops
             to
             provide
             for
             some
             things
             by
             him
             specified
             ,
             which
             stood
             in
             need
             of
             reformation
             :
             hee
             prescribed
             unto
             them
             a
             set
             forme
             which
             they
             were
             to
             follow
             ;
             which
             was
             highly
             commended
             by
             all
             the
             Synod
             ;
             yea
             ,
             and
             approved
             in
             all
             points
             :
             besides
             ,
             he
             furnished
             them
             with
             divinity
             books
             which
             they
             might
             make
             use
             of
             .
             All
             this
             is
             related
             in
             the
             Preface
             of
             that
             Councell
             ,
             whence
             it
             may
             bee
             inferred
             that
             hee
             presided
             there
             .
          
           
             3
             We
             read
             in
             an
             old
             French
             Historian
             ,
             that
             Rhabanus
             Archbishop
             of
             Mentz
             ,
             presided
             in
             two
             severall
             Councels
             holden
             in
             that
             Citie
             by
             the
             command
             of
             Lewes
             the
             Gentle.
             
             But
             the
             same
             authour
             tels
             us
             plainely
             ,
             that
             it
             was
             the
             same
             Emperours
             pleasure
             ,
             and
             in
             his
             absence
             :
             seeing
             that
             in
             the
             Acts
             of
             those
             Councels
             ,
             at
             least
             of
             the
             first
             (
             for
             the
             rest
             wee
             have
             not
             )
             the
             same
             Rhabanus
             and
             
             all
             the
             Synod
             speake
             continually
             of
             the
             Emperour
             with
             a
             great
             deal
             of
             humility
             ,
             
             even
             referring
             all
             to
             his
             judgement
             .
             But
             heark
             what
             the
             forecited
             author
             saith
             of
             it
             ;
             Orgarius
             
               Bishop
               of
            
             Mentz
             ,
             
               dyed
               in
               the
               yeer
            
             847
             ,
             and
             Rhabanus
             
               succeeded
               in
               his
               place
               ,
               who
               by
               command
               from
               King
            
             Lewes
             
               held
               a
               Synod
               at
            
             Mentz
             
               the
               same
               yeere
            
             .
             The
             title
             of
             that
             Synod
             imports
             ,
             that
             Rhabanus
             presided
             in
             it
             ;
             whence
             it
             follows
             that
             it
             was
             by
             virtue
             of
             the
             Emperours
             command
             .
             The
             same
             author
             saith
             ,
             
               In
               the
               yeer
            
             852
             ,
             
               there
               was
               a
               Councell
               holden
               at
            
             Mentz
             ,
             
               the
               Metropolitan
               Citie
               of
            
             Germany
             ,
             
               by
               the
               will
               and
               command
               of
               the
               said
               most
               renowned
               Prince
               ,
            
             Rhabanus
             
               Archbishop
               of
               that
               Citie
               being
               President
               of
               it
               .
            
             A
             litle
             after
             he
             addes
             further
             ,
             that
             at
             the
             same
             time
             while
             they
             treated
             of
             Ecclesiasticall
             matters
             ,
             the
             King
             was
             imployed
             in
             publique
             affaires
             ,
             and
             that
             they
             sent
             their
             Decrees
             unto
             him
             to
             bee
             confirmed
             :
             a
             certaine
             testimony
             that
             the
             presidence
             was
             conferr'd
             upon
             Rhabanus
             by
             the
             Prince
             .
          
           
             4
             King
             Charles
             the
             Bald
             was
             present
             at
             the
             Councell
             ●olden
             at
             Pi●tis
             upon
             Sein
             ,
             in
             the
             yeer
             863.
             
             Hee
             is
             named
             first
             :
             
             the
             Decrees
             are
             conceived
             in
             his
             name
             ;
             whence
             it
             follows
             that
             hee
             presided
             there
             .
             Wee
             may
             make
             the
             like
             inference
             of
             all
             those
             other
             Councels
             which
             run
             in
             the
             name
             of
             our
             Kings
             ,
             or
             to
             speake
             more
             properly
             ,
             where
             our
             Kings
             speak
             and
             decree
             such
             things
             as
             are
             proposed
             ,
             with
             the
             advice
             of
             the
             Clergy
             ;
             of
             which
             kind
             we
             find
             good
             store
             :
             for
             without
             doubt
             either
             they
             themselves
             presided
             in
             them
             ,
             or
             others
             for
             them
             .
          
           
             5
             King
             Arnold
             after
             he
             had
             called
             the
             Councell
             of
             Tribur●
             
             in
             the
             yeer
             895.
             presided
             there
             himselfe
             ,
             as
             may
             be
             collected
             from
             that
             epistle
             which
             cont●ines
             the
             Preface
             :
             which
             is
             likewise
             avouched
             in
             plaine
             termes
             at
             the
             end
             ;
             
               In
               this
               holy
               Councell
               ,
               the
               devout
               Prince
               ,
               and
               most
               renowned
               King
            
             Arnold
             
               being
               President
               ,
               and
               imploying
               himself
               about
               it
               ,
               the
               holy
               fathers
               and
               Reverend
               Pastors
               of
               the
               Church
               ,
               which
               came
               thither
               ,
               were
               all
               seated
               .
            
          
           
             6
             
               Philip
               Augustus
            
             call'd
             a
             Councel
             at
             
               Paris
               ,
               ann
            
             .
             1●84
             ,
             at
             which
             he
             presided
             ,
             as
             is
             collected
             from
             the
             words
             of
             the
             author
             ,
             who
             speaks
             thus
             of
             it
             ;
             
               He
               commanded
               a
               Generall
               Councell
               to
               bee
               called
               at
            
             Paris
             ,
             
               of
               all
               the
               Archbishops
               ,
               Bishops
               ,
               and
               Princes
               of
               his
               Realme
               ;
               which
               he
               having
               kept
               with
               them
               by
               common
               advice
               ,
            
             
             
               by
               his
               authority
               royall
               hee
               enjoyned
               the
               Archbishops
               ,
               Bishops
               ,
               and
               all
               the
               rest
               of
               the
               Ecclesiasticall
               Prelats
               ,
               by
               their
               frequent
               Sermons
               and
               exhortations
               ,
               to
               perswade
               the
               people
               committed
               to
               their
               charge
               ,
               to
               goe
               to
            
             Ierusalem
             
               to
               defend
               the
               Christian
               faith
               ,
               against
               the
               enemies
               of
               the
               crosse
               of
               Christ.
               
            
          
           
             7
             
               When
               King
            
             Lewes
             ,
             
               the
               father
               of
               St.
            
             Lewes
             
               reigned
               in
            
             France
             ,
             (
             saith
             
               Iohn
               le
               Maire
            
             )
             and
             Gregory
             six●
             
             Romanus
             
               the
               said
               Popes
               Legat
               came
               into
            
             France
             ;
             
               by
               the
               will
               of
               the
               King
               there
               was
               a
               Councell
               of
               the
            
             Gallicane
             
               Church
               assembled
               ,
               whereat
               the
               King
               and
               the
               said
               Legat
               did
               preside
               .
            
          
           
             8
             In
             the
             yeer
             1286
             there
             was
             a
             Councell
             holden
             ,
             consisting
             of
             all
             the
             Prelates
             and
             Barons
             of
             
               France
               ,
               Against
               Pope
            
             Boniface
             
               the
               eighth
            
             ,
             
             
               where
               King
            
             Philip
             
               was
               present
               in
               person
               ,
               and
               presided
               at
               it
               ,
               reckoning
               up
               all
               the
               outrages
               and
               injuries
               which
               hee
               had
               received
               from
               that
               Pope
            
             Boniface
             ,
             
             saith
             the
             same
             authour
             .
          
           
             9
             The
             Ordinance
             of
             Charles
             the
             sixt
             in
             the
             yeer
             1408
             ,
             makes
             mention
             of
             certaine
             Presidents
             by
             him
             established
             at
             a
             Councell
             holden
             at
             
               Paris
               ;
               Not
               long
               agoe
            
             (
             saith
             hee
             )
             
               it
               was
               proposed
               and
               demanded
               by
               our
               Atturney
               Generall
               at
               a
               Councell
               holden
               at
            
             Paris
             ,
             
               consisting
               of
               the
               Bishops
               and
               Clergy
               of
               the
               Churches
               within
               our
               Kingdome
               ,
               and
            
             Dauphiny
             ,
             
               where
               our
               cousen
            
             Lewes
             
               King
               of
            
             Sicily
             ,
             
               our
               eldest
               sonne
               Duke
               of
            
             Aquitain
             and
             Viennois
             ,
             
               the
               Duke
               of
            
             Bourges
             
               our
               unkle
               by
               the
               fathers
               side
               ,
               the
               Duke
               of
            
             Burgundy
             
               our
               cousen
               ,
               and
               the
               Duke
               of
            
             Bourbon
             
               our
               unkle
               by
               the
               mothers
               side
               ,
               did
               preside
               for
               us
               ,
               that
               the
               Popes
               exactions
               and
               other
               grievances
               formerly
               rehearsed
               ,
               might
               be
               utterly
               abolished
               .
            
          
           
           
             
             10
             King
             Lewes
             the
             eleventh
             caused
             a
             Councell
             
               Of
               the
            
             Gallicane
             
               Church
               ,
               and
               all
               the
               Vniversites
               to
               bee
               assembled
               in
               the
               Citie
               of
            
             Orleans
             ,
             
               to
               bee
               more
               fully
               informed
               in
               the
               businesse
               of
               the
               Pragmatique
               Sanction
               :
               at
               which
            
             Peter
             
               Duke
               of
            
             Bourbon
             
               Lord
               of
            
             Beavieu
             
               presided
               in
               steed
               of
               the
               King.
               
            
          
           
             
             11
             There
             are
             Presidents
             in
             store
             for
             England
             too
             .
             William
             the
             first
             presided
             in
             a
             Councell
             holden
             at
             Roan
             ,
             in
             the
             yeer
             1073.
             
             
               It
               was
               judged
            
             (
             saith
             an
             English
             authour
             )
             
               at
               a
               Councell
               holden
               in
               that
               Citie
               ,
               where
            
             William
             
               King
               of
            
             England
             
               was
               President
               ,
               that
               the
               Monkes
               which
               were
               guilty
               of
               the
               cryme
               ,
               should
               bee
               kept
               in
               close
               prison
               during
               the
               Bishops
               pleasure
               .
            
             The
             same
             King
             presided
             also
             at
             another
             holden
             before
             that
             at
             †
             Silchester
             in
             the
             yeere
             1070
             ,
             whereof
             we
             have
             spoken
             elsewhere
             .
             In
             the
             year
             1102
             ,
             or
             (
             as
             others
             have
             it
             )
             1070
             ,
             Anselm
             Archbishop
             of
             Canterbury
             ,
             called
             a
             Generall
             Councell
             of
             the
             Churches
             of
             England
             to
             London
             ,
             and
             presided
             at
             it
             (
             but
             it
             was
             with
             the
             consent
             and
             good
             will
             of
             Henry
             the
             first
             )
             where
             some
             Ecclesiasticall
             affaires
             of
             great
             importance
             were
             treated
             of
             .
          
           
             12
             Wee
             could
             also
             produce
             some
             examples
             for
             Spaine
             :
             for
             hee
             that
             shall
             read
             the
             Councels
             holden
             in
             that
             Countrey
             ,
             ●ill
             easily
             acknowledge
             that
             the
             Kings
             had
             all
             the
             authoritie
             in
             them
             whensoever
             they
             were
             pleased
             to
             use
             it
             .
          
           
             13
             All
             the
             discourse
             which
             wee
             have
             made
             upon
             this
             point
             ,
             is
             in
             a
             manner
             superfluous
             ;
             for
             having
             proved
             by
             so
             many
             examples
             ,
             that
             Kings
             and
             Princes
             called
             Councels
             ,
             it
             follows
             that
             they
             had
             also
             authority
             to
             preside
             in
             them
             :
             which
             yet
             they
             did
             not
             alwayes
             use
             ,
             being
             for
             the
             most
             part
             more
             apt
             to
             weild
             the
             sword
             than
             to
             manage
             an
             Ecclesiasticall
             action
             ,
             to
             give
             their
             opinions
             or
             cause
             others
             to
             opine
             in
             spiritual
             matters
             ,
             to
             pronounce
             the
             sentence
             of
             judgement
             ,
             and
             such
             like
             .
             
             For
             this
             reason
             ofttimes
             they
             left
             all
             to
             the
             Clergy
             without
             intermedling
             themselves
             :
             but
             when
             they
             were
             pleased
             to
             interpose
             ,
             they
             were
             so
             farre
             from
             being
             censured
             for
             taking
             too
             much
             upon
             them
             ,
             that
             on
             the
             contrary
             they
             were
             highly
             extoll'd
             and
             commended
             for
             it
             .
             And
             what
             was
             spoken
             to
             the
             Emperour
             by
             an
             Archbishop
             of
             Bulgaria
             is
             applyable
             to
             all
             Princes
             within
             their
             owne
             Realmes
             and
             Dominions
             ;
             
               The
               Emperour
            
             ,
             (
             saith
             hee
             )
             
               as
               the
               common-skilfull
               Monarch
               of
               the
               Churches
               ,
               is
               President
               of
               the
               Decrees
               of
               Councels
               ,
               and
               makes
               them
               bee
               in
               force
               ;
               he
               ordaineth
               Ecclesiasticall
               orders
               ;
               hee
               sets
               lawes
               to
               the
               life
               and
               policy
               of
               those
               that
               serve
               at
               the
               Altar
               ,
               &c.
               
            
          
        
         
           
           
             CHAP.
             XIV
             .
             Of
             the
             approbation
             and
             authorisation
             of
             Councels
             .
          
           
             1
             IT
             remaines
             now
             that
             we
             speak
             of
             the
             authorising
             of
             Councels
             ,
             
             which
             the
             Popes
             in
             their
             books
             arrogate
             unto
             themselves
             ,
             exclusively
             to
             all
             others
             ;
             which
             is
             also
             confirm'd
             by
             this
             Councel
             of
             Trent
             :
             The
             words
             of
             the
             Decree
             ,
             as
             they
             are
             in
             the
             French
             translation
             by
             
               Gentian
               Hervet
            
             ,
             Canon
             of
             Rhemes
             ,
             are
             very
             remarkable
             ;
             
               It
               pleased
               all
               the
               fathers
               to
               make
               an
               end
               of
               this
               holy
               Councell
               ,
               and
               that
               his
               Holynesse
               should
               be
               desired
               to
               confirme
               it
               ,
               saving
               only
               three
               who
               said
               the
               confirmation
               needed
               not
               be
               required
               .
               Wherefore
               wee
               the
               Legats
               and
               Presidents
               conclude
               this
               holy
               Councell●
               and
               desire
               the
               confirmation
               of
               it
               from
               our
               holy
               father
               ,
               in
               as
               earnest
               manner
               as
               is
               possible
               .
            
             That
             which
             is
             spoken
             here
             of
             those
             three
             is
             razed
             out
             of
             all
             the
             Latine
             copies
             which
             were
             printed
             since
             .
             It
             is
             a
             losse
             that
             the
             names
             of
             those
             honest
             men
             who
             were
             of
             that
             sound
             judgement
             ,
             are
             not
             knowne
             .
          
           
             2
             See
             here
             a
             Decree
             which
             doth
             not
             a
             little
             enhanse
             the
             power
             of
             Rome
             .
             The
             Popes
             heretofore
             cryed
             most
             stoutly
             ,
             that
             it
             belong'd
             to
             them
             to
             authorize
             and
             confirme
             Councels
             :
             yet
             for
             all
             that
             no
             body
             beleeved
             them
             .
             This
             Councell
             states
             the
             question
             ,
             and
             will
             not
             have
             any
             to
             make
             a
             scruple
             of
             it
             hereafter
             .
             So
             that
             if
             the
             pope
             thinke
             good
             ,
             it
             is
             a
             thing
             done
             to
             his
             hand
             ,
             there
             needs
             no
             more
             talking
             of
             it
             .
             As
             for
             the
             Emperour
             and
             Kings
             and
             Princes
             ,
             and
             all
             other
             persons
             whatsoever
             ,
             no
             matter
             for
             them
             :
             they
             have
             no
             more
             to
             do
             but
             receive
             what
             shall
             be
             sent
             them
             ,
             to
             execute
             what
             shall
             bee
             enjoyn'd
             them
             ,
             without
             making
             any
             bones
             of
             it
             ,
             referring
             themselves
             in
             all
             things
             wholly
             to
             another
             mans
             trust
             .
          
           
             3
             And
             the
             worst
             of
             all
             is
             ,
             that
             by
             assembling
             this
             power
             of
             confirmation
             ,
             the
             Pope
             pretends
             to
             bee
             above
             the
             Councell
             .
             
             For
             amongst
             other
             arguments
             which
             the
             Romish
             Doctours
             use
             to
             prove
             the
             Popes
             power
             to
             be
             above
             the
             Councels
             ,
             this
             is
             one
             ,
             that
             hee
             conformes
             and
             rejects
             the
             determinations
             of
             Councels
             .
             To
             repell
             this
             errour
             wee
             shall
             prove
             three
             things
             .
             1
             That
             in
             the
             approving
             of
             Councels
             the
             Popes
             have
             no
             more
             authority
             than
             other
             men
             .
             2
             That
             the
             approbation
             of
             them
             made
             by
             them
             in
             times
             past
             ,
             hath
             not
             wonne
             them
             any
             supreme
             authoritie
             over
             Councels
             .
             3
             That
             for
             point
             of
             approbation
             Emperours
             and
             Kings
             had
             anciently
             more
             power
             than
             they
             .
          
           
             4
             For
             proofe
             of
             the
             first
             ,
             wee
             say
             that
             anciently
             after
             the
             celebration
             of
             Councels
             ,
             the
             Synodicall
             fathers
             ,
             as
             also
             the
             Emperours
             were
             wont
             to
             give
             notice
             unto
             those
             that
             were
             absent
             ,
             and
             to
             the
             Provinces
             ,
             of
             such
             things
             as
             had
             bin
             determined
             in
             them
             ,
             to
             the
             end
             that
             they
             might
             conforme
             and
             give
             their
             consent
             unto
             them
             ;
             yet
             so
             as
             there
             can
             bee
             nothing
             observed
             which
             makes
             for
             the
             See
             of
             Rome
             in
             particular
             .
             This
             course
             the
             Councell
             of
             Nice
             useth
             towards
             the
             Church
             of
             Alexandria
             ,
             and
             the
             Bishops
             of
             
               Egypt
               ,
               Lybia
            
             ,
             and
             Pentapolis
             ,
             
             as
             is
             apparent
             from
             that
             Epistle
             in
             
               Theodoret.
               Victorius
            
             testifies
             that
             the
             Nicene
             Creed
             was
             sent
             over
             all
             the
             world
             ,
             almost
             approved
             of
             all
             .
             The
             first
             Councell
             of
             Ephesus
             writ
             in
             generall
             to
             all
             the
             Provinces
             ,
             and
             sent
             their
             Canons
             and
             Decrees
             unto
             them
             :
             The
             Acts
             of
             the
             Councell
             it selfe
             doe
             witnesse
             it
             ,
             wherein
             the
             letters
             directed
             to
             them
             upon
             that
             occasion
             are
             inserted
             .
             The
             Councel
             
             of
             Sardis
             did
             the
             like
             to
             the
             Bishops
             of
             the
             whole
             Chu●ch
             Catholique
             ,
             whose
             letters
             to
             that
             effect
             wee
             may
             read
             at
             this
             day
             .
             
             The
             Emperours
             kept
             that
             authority
             to
             themselves
             ,
             principally
             of
             sending
             abroad
             what
             had
             beene
             determined
             in
             those
             Oecumenicall
             Councels
             ,
             
             to
             the
             intent
             that
             every
             man
             might
             become
             conformable
             thereunto
             .
             The
             letters
             of
             Constantine
             the
             Great
             ,
             directed
             to
             all
             the
             Provinces
             of
             his
             Empire
             to
             that
             effect
             ,
             doe
             fully
             testifie
             as
             much
             .
             And
             in
             stead
             of
             doing
             it
             by
             their
             owne
             authority
             ,
             the
             Popes
             will
             needs
             say
             they
             did
             it
             only
             as
             executers
             of
             their
             and
             the
             Councels
             Decrees
             :
             wherein
             they
             have
             grossely
             abused
             those
             that
             have
             been
             too
             credulous
             towards
             them
             .
          
           
             5
             Provinciall
             Councels
             tooke
             the
             same
             course
             of
             proceeding
             ,
             and
             gave
             notice
             one
             to
             another
             of
             their
             determinations
             ,
             and
             of
             the
             Canons
             and
             Decrees
             which
             they
             made
             ,
             to
             the
             intent
             that
             they
             might
             mutually
             conforme
             one
             to
             another
             .
             So
             the
             Councel
             of
             a
             Gangra
             in
             Cappadocia
             did
             to
             the
             Bishops
             of
             Armenia
             ;
             So
             that
             of
             b
             Aquileia
             to
             the
             Bishops
             of
             the
             Provinces
             of
             Arles●nd
             ●nd
             Narbon
             :
             So
             that
             of
             c
             Valentia
             to
             the
             rest
             of
             the
             Bishops
             of
             Gaul
             ,
             and
             the
             Clergy
             and
             people
             of
             Friuli
             :
             So
             the
             third
             of
             d
             Carthage
             to
             the
             Bishops
             of
             
               Numidia
               ,
               Mauritania
            
             ,
             and
             Tripoly
             .
             Pope
             e
             Syricius
             after
             he
             had
             held
             a
             Councell
             at
             Rome
             of
             eighty
             Bishops
             ,
             tooke
             the
             very
             same
             course
             ,
             in
             acquainting
             the
             Bishops
             of
             Africa
             ,
             with
             the
             resolutions
             of
             it
             ,
             as
             also
             another
             Councell
             holden
             at
             the
             same
             time
             at
             Telense
             ,
             formerly
             a
             citie
             of
             Italy
             .
             Pope
             Damasus
             with
             other
             Bishops
             Synodically
             assembled
             at
             Rome
             f
             acquaint
             the
             Bishops
             of
             Illyrium
             with
             the
             resolution
             they
             had
             taken
             for
             rejection
             of
             the
             Councell
             of
             Ariminum
             .
          
           
             6
             On
             th'
             other
             side
             ,
             the
             Councell
             of
             Arles
             holden
             under
             Constantine
             the
             Great
             doth
             the
             like
             to
             Pope
             Sylvester
             .
             But
             to
             the
             end
             that
             such
             as
             ascribe
             unto
             him
             authority
             over
             Councels
             ,
             may
             not
             wrest
             it
             to
             their
             advantage
             :
             I
             will
             set
             down
             the
             very
             words
             as
             they
             are
             recorded
             at
             the
             beginning
             of
             the
             Councel
             ,
             
               To
               their
               holy
               brother
            
             Sylvester
             ,
             Marinus
             ,
             
               or
               the
               assembly
               of
               Bishops
               that
               was
               in
               the
               Citie
               of
            
             Arles
             ,
             
               greeting
               .
               We
               signifie
               unto
               you
               of
               our
               charity
               ,
               what
               we
               by
               common
               counsell
               have
               decreed
               ,
               to
               the
               end
               that
               all
               men
               may
               know
               what
               they
               ought
               to
               observe
               for
               the
               future
               .
            
             There
             is
             an
             ancient
             Chronicler
             that
             relates
             how
             
               when
               there
               was
               a
               Councell
               holden
               at
            
             Carthage
             
               of
               two
               hundred
               and
               sixteen
               Bishops
               ,
               the
               Synodicall
               Decrees
               thereof
               were
               brought
               to
               Pope
            
             Zozimus
             ,
             
               where
               being
               approved
               ,
               the
            
             Pelagian
             
               heresie
               was
               condemned
               all
               the
               world
               over
               .
            
             The
             Pope
             hath
             not
             yet
             gained
             any
             thing
             by
             all
             this
             .
             There
             is
             nothing
             for
             him
             in
             particular
             ;
             but
             here
             's
             it
             which
             is
             presupposed
             ,
             namely
             that
             the
             authorising
             of
             the
             Canons
             and
             Decrees
             belongs
             unto
             him
             alone
             ,
             exclusively
             to
             all
             others
             .
             Let
             us
             evidence
             the
             contrary
             .
          
           
             
             7
             Victorinus
             testifies
             ,
             that
             when
             the
             determination
             of
             the
             Councel
             of
             Nice
             was
             sent
             every
             where
             ,
             it
             was
             approved
             of
             by
             an
             infinite
             number
             of
             Bishops
             .
             The
             Councell
             of
             Nice
             was
             approved
             by
             the
             third
             of
             Carthage
             ,
             
             in
             the
             Acts
             whereof
             it
             is
             said
             
               That
               the
               confession
               of
               faith
               made
               by
               the
               Councell
               of
            
             Nice
             ,
             
               was
               rehearsed
               and
               confirmed
            
             .
             The
             same
             was
             done
             at
             the
             second
             of
             Constantinople
             ,
             
             
               Afterwards
               they
               confirmed
               the
               Councell
               of
            
             Nice
             :
             So
             the
             Acts.
             The
             first
             of
             Toledo
             used
             the
             like
             confirmation
             ;
             as
             did
             also
             the
             sixth
             of
             Carthage
             ;
             as
             appears
             by
             the
             first
             and
             seventh
             chapters
             of
             it
             .
             Athanasius
             speaking
             of
             the
             Councell
             of
             Sardis
             ,
             saith
             ,
             
             
               These
               things
               being
               set
               downe
               in
               writing
               ,
               the
               holy
               Councel
               of
            
             Sardis
             
               sent
               them
               unto
               those
               which
               could
               not
               bee
               there
               present
               ,
               who
               by
               their
               suffrages
               also
               approved
               the
               Decrees
               of
               the
               Synod
               .
            
             It
             is
             good
             reason
             the
             Pope
             should
             contribute
             his
             authority
             aswell
             as
             others
             ,
             and
             that
             he
             bee
             not
             in
             a
             worse
             state
             than
             others
             .
             Pope
             Sylvester
             the
             first
             in
             his
             Synod
             at
             Rome
             ,
             
             confirmed
             and
             approved
             all
             that
             was
             decreed
             at
             the
             Councell
             of
             Nice
             .
             Pope
             Hilary
             used
             the
             like
             approbation
             in
             another
             Councel
             holden
             under
             him
             at
             Rome
             .
             
             Yea
             further
             ,
             he
             approved
             the
             holy
             Scriptures
             and
             commandements
             contained
             
             in
             them
             .
             
             Nay
             which
             is
             more
             ,
             all
             the
             Popes
             were
             wont
             at
             that
             time
             presently
             upon
             their
             creation
             to
             publish
             a
             profession
             of
             their
             faith
             ,
             and
             say
             their
             Creed
             according
             to
             a
             certain
             forme
             composed
             for
             them
             ,
             a
             peice
             whereof
             we
             yet
             read
             in
             Gratians
             Decree
             ,
             wherein
             they
             approved
             the
             eight
             Generall
             Councels
             ,
             
             and
             promised
             to
             keep
             and
             observe
             them
             .
             There
             were
             other
             articles
             in
             that
             forme
             ,
             as
             the
             addition
             made
             by
             the
             authority
             of
             Gregory
             the
             thirteenth
             ,
             doth
             shew
             .
             And
             it
             is
             probable
             they
             spoke
             of
             the
             Scriptures
             contained
             in
             the
             Old
             and
             New
             Testament
             :
             yet
             will
             wee
             not
             affirme
             though
             ,
             that
             they
             tooke
             their
             authority
             from
             that
             approbation
             .
             We
             shall
             observe
             by
             the
             way
             ,
             as
             a
             priviledge
             of
             our
             Kings
             ,
             that
             the
             Popes
             ,
             presently
             after
             their
             preferment
             to
             the
             Popedome
             ,
             were
             anciently
             accustom'd
             to
             send
             that
             profession
             of
             their
             faith
             unto
             them
             :
             
             and
             it
             is
             to
             bee
             had
             to
             this
             day
             amongst
             the
             records
             of
             the
             Kings
             Treasurer
             under
             the
             name
             Benedictus
             ,
             as
             some
             of
             our
             French
             authours
             doe
             affirme
             .
          
           
             8
             From
             all
             these
             passages
             we
             conclude
             ,
             that
             the
             confirmation
             of
             the
             Canons
             and
             Decrees
             of
             Councels
             ,
             which
             the
             Pope
             pretends
             to
             belong
             to
             him
             ,
             is
             of
             no
             more
             force
             and
             energy
             than
             that
             of
             other
             Bishops
             ;
             unlesse
             they
             will
             ple●●
             this
             reason
             ,
             that
             the
             Pope
             had
             power
             to
             reject
             them
             ,
             and
             that
             those
             which
             he
             rejected
             were
             accounted
             for
             illegitimate
             .
             
             So
             Damasus
             reprobated
             the
             Councell
             of
             Ariminum
             ,
             and
             gave
             the
             Bishops
             of
             Illyrium
             notice
             of
             that
             his
             rejection
             ,
             to
             which
             they
             conformed
             themselves
             :
             but
             here
             it
             must
             be
             observed
             ,
             that
             this
             reprobation
             was
             made
             by
             the
             Councell
             of
             Rome
             ,
             and
             not
             by
             the
             Pope
             alone
             :
             and
             that
             the
             Councell
             of
             Ariminum
             was
             generally
             condemned
             by
             all
             ,
             forasmuch
             as
             it
             confirmed
             Arrianisme
          
           
             9
             I
             shall
             willingly
             grant
             that
             the
             Pope
             ,
             upon
             good
             grounds
             ,
             might
             disallow
             a
             Councell
             ,
             and
             reject
             it
             of
             himselfe
             alone
             ;
             ●ut
             it
             must
             bee
             granted
             unto
             me
             likewise
             that
             it
             was
             lawfull
             for
             others
             to
             doe
             the
             like
             .
             The
             Councell
             of
             Tyre
             having
             unjustly
             condemned
             Athanasius
             ,
             the
             Emperour
             Constantine
             writ
             some
             sharpe
             letters
             to
             them
             ,
             and
             commanded
             the
             Bishops
             of
             that
             Councell
             (
             who
             were
             then
             removed
             to
             Ierusalem
             )
             to
             come
             to
             Constantinople
             ,
             to
             render
             a
             reason
             of
             their
             fact
             ,
             and
             to
             justifie
             their
             sentence
             .
             
             Saint
             Hilary
             rejected
             the
             Councell
             of
             Milan
             ,
             and
             writ
             against
             it
             .
             Athanasius
             writes
             of
             the
             Emperour
             Constantius
             that
             hee
             served
             himselfe
             with
             the
             colour
             of
             a
             Councell
             to
             condemne
             him
             ,
             but
             that
             in
             very
             deed
             it
             was
             himselfe
             that
             gave
             the
             judgement
             against
             him
             .
             He
             condemnes
             such
             a
             Councell
             as
             unlawfull
             and
             unjust
             .
             This
             very
             reason
             doe
             we
             urge
             against
             the
             Councell
             of
             Trent
             .
             Wee
             say
             it
             was
             but
             a
             Pope
             drest
             up
             in
             mummerie
             ,
             and
             which
             carried
             the
             name
             of
             a
             Councell
             :
             that
             he
             hath
             taken
             too
             much
             power
             upon
             him
             in
             making
             the
             validity
             of
             Councels
             to
             depend
             meerly
             upon
             his
             authority
             .
             Nay
             we
             say
             yet
             further
             ,
             that
             Emperours
             and
             Kings
             have
             farre
             more
             authoritie
             than
             he
             in
             the
             confirmation
             and
             approbation
             of
             Councels
             ,
             which
             we
             shall
             make
             evident
             by
             some
             examples
             .
          
           
             10
             Eusebius
             in
             the
             life
             of
             Constantine
             witnesseth
             that
             hee
             confirmed
             the
             Councell
             of
             Nice
             .
             
             The
             Bishops
             of
             the
             second
             Generall
             Councell
             write
             to
             the
             Emperour
             Theodosius
             on
             this
             wise
             :
             
               Wee
               desire
               your
               clemency
               that
               you
               by
               your
               letters
               would
               confirme
               the
               Decrees
               of
               the
               Councell
               ,
               and
               command
               that
               it
               bee
               ratified
               and
               established
               .
            
             In
             the
             first
             Action
             of
             that
             of
             Chalcedon
             it
             is
             said
             ,
             
             
               The
               Emperour
            
             Theodosius
             
               confirmed
               all
               that
               was
               decreed
               by
               the
               holy
               and
               Generall
               Councell
               .
            
             And
             in
             the
             third
             Action
             the
             Emperour
             Martian
             said
             ,
             
               We
               confirme
               the
               reverend
               Synod
               by
               the
               sacred
               Edict
               of
               our
               serenity
               .
            
             Pope
             Leo
             acknowledged
             that
             this
             kind
             of
             approbation
             belonged
             to
             the
             Emperour
             ;
             for
             being
             displeased
             with
             the
             second
             Councell
             of
             Ephesus
             ,
             to
             take
             order
             that
             it
             might
             not
             bee
             approved
             by
             the
             Emperour
             Theodosius
             ,
             he
             and
             all
             his
             Synod
             of
             Rome
             writ
             to
             him
             about
             it
             .
             
             
               Both
               I
               and
               all
               the
               rest
               of
               the
               Bishop
               my
               Colleagues
               do
               beseech
               you
               (
               most
               Christian
               &
               venerable
               Emperor
               )
               to
               command
               that
               all
               things
               remaine
               in
               the
               same
               state
               they
               
               were
               in
               before
               the
               holding
               of
               the
               Councell
               ,
            
             
             
               and
               the
               judgement
               there
               passed
               to
               bee
               suspended
               ,
               till
               such
               time
               as
               a
               great
               number
               of
               Clergymen
               may
               be
               assembled
               from
               all
               parts
               of
               the
               world
               .
            
             And
             in
             another
             place
             ,
             
             
               All
               the
               Clergie
               entreat
               you
               with
               sighes
               and
               teares
               ,
               that
               ,
               considering
               those
               who
               were
               sent
               thither
               by
               us
               did
               faithfully
               oppose
               themselves
               against
               it
               ,
               and
               that
               Bishop
            
             Flavianus
             
               put
               in
               his
               appeale
               from
               it
               ,
               you
               would
               command
               a
               Generall
               Councell
               to
               bee
               kept
               in
            
             Italy
             .
             The
             same
             Leo
             writ
             to
             the
             rest
             of
             the
             Bishops
             in
             commendation
             of
             the
             Councell
             of
             Chalcedon
             ,
             to
             the
             end
             that
             they
             should
             receive
             it
             as
             legitimate
             ;
             but
             it
             was
             ,
             as
             hee
             himselfe
             confesseth
             ,
             by
             command
             from
             the
             Emperour
             Martian
             .
          
           
             11
             The
             Emperour
             Constantius
             prescribed
             the
             forme
             which
             they
             should
             goe
             by
             ,
             and
             the
             points
             which
             they
             should
             treat
             upon
             ,
             to
             the
             Councels
             of
             Ariminum
             and
             Seleucia
             ,
             and
             commanded
             them
             by
             his
             letters
             .
             
             
               That
               so
               soone
               as
               they
               had
               passed
               sentence
               commanded
               them
               that
               ten
               of
               each
               Councell
               should
               come
               to
               the
               Court
               to
               informe
               him
               of
               their
               proceedings
               .
            
             Wherein
             hee
             was
             obeyed
             by
             them
             .
             Theodosius
             and
             Valentinian
             commanded
             the
             Oecumenicall
             Councell
             of
             Ephesus
             to
             send
             some
             of
             the
             Bishops
             unto
             them
             to
             acquaint
             them
             with
             the
             causes
             and
             motives
             of
             their
             deliberations
             ,
             which
             was
             done
             accordingly
             ,
             as
             appeares
             by
             the
             letters
             of
             the
             Councell
             to
             those
             Emperours
             .
             
             
               Your
               piety
               being
               moved
               by
               our
               prayers
            
             (
             say
             those
             good
             Fathers
             )
             
               hath
               commanded
               that
               this
               Generall
               Councell
               should
               send
               unto
               you
               some
               of
               the
               Bishops
               and
               Religious
               ,
               to
               lay
               open
               all
               the
               causes
               and
               motives
               in
               your
               presence
               :
               whereupon
               ,
               after
               thankes
               to
               God
               ,
               we
               have
               chosen
               out
            
             Arcadius
             ,
             luvenal
             ,
             Flavian
             ,
             Firmus
             ,
             Theodotus
             ,
             and
             Acatius
             Bishops
             ,
             Euoptius
             and
             Philippicus
             
               Priests
               and
               delegates
               for
            
             Celestine
             
               Bishop
               of
               the
               See
               Apostolique
               of
               great
            
             Rome
             ,
             
               whom
               we
               commend
               unto
               your
               sanctity
               ,
               desiring
               you
               to
               heare
               them
               graciously
               .
            
          
           
             12
             After
             the
             second
             Councell
             of
             Nice
             ,
             called
             the
             seventh
             Generall
             ,
             was
             ended
             ,
             
               Those
               who
               had
               beene
               at
               the
               celebration
               of
               it
            
             (
             saith
             Zonaras
             in
             the
             third
             Tome
             of
             his
             Annales
             )
             
               repairing
               to
               the
               Citie
               of
            
             Constantinople
             ,
             
               they
               rehearsed
               the
               Acts
               of
               the
               Councell
               in
               the
               Imperiall
               Palace
               ,
               the
               Emperours
               presiding
               there
               in
               the
               face
               of
               the
               whole
               world
               ,
               which
               were
               approved
               and
               subscribed
               by
               the
               same
               Emperours
               .
            
             
             We
             reade
             also
             that
             the
             Emperours
             did
             publish
             and
             promulgate
             the
             Canons
             and
             Decrees
             of
             Councels
             :
             that
             they
             sent
             out
             proclamations
             concerning
             them
             :
             that
             they
             dispersed
             them
             through
             the
             provinces
             to
             cause
             them
             to
             be
             observed
             ,
             with
             commination
             of
             penalties
             :
             yea
             they
             directed
             them
             to
             the
             Popes
             themselves
             .
             
             There
             are
             two
             severall
             Edicts
             of
             the
             Emperours
             Valentinian
             and
             Martian
             extant
             in
             the
             third
             Act
             of
             the
             Councell
             of
             Chalcedon
             ,
             whereby
             that
             Councell
             is
             confirmed
             .
          
           
             13
             We
             have
             some
             pregnant
             examples
             in
             our
             Realme
             of
             France
             in
             case
             of
             such
             confirmations
             ,
             such
             were
             constantly
             reserved
             to
             our
             Princes
             by
             the
             Councels
             there
             kept
             .
             The
             first
             of
             Orleans
             addresse
             their
             Decrees
             to
             King
             Clovis
             ,
             with
             this
             recommendation
             ,
             
             
               If
               the
               things
               which
               wee
               have
               ordained
               be
               approved
               and
               found
               good
               by
               your
               judgement
               ,
               the
               resolution
               of
               so
               many
               reverend
               Bishops
               as
               are
               here
               ,
               is
               ,
               that
               the
               authoritie
               and
               consent
               of
               so
               great
               a
               King
               as
               you
               are
               be
               preserved
               .
            
             The
             fourth
             of
             Arles
             holden
             under
             Charles
             the
             great
             ,
             breakes
             off
             with
             this
             conclusion
             :
             
             
               We
               have
               briefly
               touched
               what
               we
               thought
               worthy
               of
               reformation
               ,
               with
               a
               purpose
               of
               presenting
               unto
               the
               Emperour
               what
               we
               have
               done
               about
               it
               ;
               desiring
               his
               clemency
               that
               if
               ought
               bee
               found
               defective
               it
               may
               be
               supplyed
               by
               his
               wisedome
               ;
               and
               what
               shall
               be
               amisse
               may
               be
               amended
               by
               his
               judgement
               ,
               and
               what
               shall
               bee
               found
               to
               be
               well
               done
               may
               be
               confirmed
               and
               perfected
               by
               his
               assistance
               .
            
          
           
             14
             The
             third
             of
             Tours
             ,
             holden
             under
             the
             same
             Emperour
             in
             the
             same
             yeare
             makes
             this
             preface
             :
             
             
               We
               have
               distinctly
               divided
               into
               chapters
               certaine
               points
               which
               we
               thought
               pertinent
               to
               so
               great
               a
               worke
               ,
               and
               to
               stand
               in
               need
               of
               reformation
               ;
               following
               therein
               the
               canonicall
               order
               ,
               that
               we
               might
               shew
               them
               
               to
               our
               most
               renowned
               Emperour
               .
               
            
             The
             second
             of
             Cavaillon
             holden
             under
             the
             same
             Emperour
             ,
             saith
             in
             the
             preface
             .
             
               We
               have
               observed
               certaine
               points
               and
               chapters
               to
               be
               presented
               to
               the
               Emperour
               himselfe
               ,
               and
               referred
               to
               his
               most
               sacred
               judgement
               ;
               
               to
               the
               intent
               that
               by
               his
               pru●ent
               examination
               those
               things
               may
               be
               confirmed
               ,
               which
               we
               with
               good
               reason
               have
               determined
               .
            
             The
             first
             of
             Mentz
             saith
             to
             the
             same
             Emperour
             ,
             
               That
               your
               Imperiall
               dignity
               would
               command
               such
               things
               to
               bee
               corrected
               as
               stand
               in
               need
               of
               correction
               .
            
             And
             they
             had
             said
             before
             ,
             
             
               That
               the
               chapters
               by
               us
               collected
               may
               bee
               confirmed
               by
               your
               authority
               .
            
             The
             second
             of
             Mentz
             ,
             holden
             in
             the
             yeare
             eight
             hundred
             thirtie
             foure
             ,
             concludes
             with
             these
             words
             directed
             to
             Lewes
             the
             Gentle
             ,
             
               We
               desire
               that
               these
               resolutions
               which
               are
               sent
               unto
               you
               ,
               may
               be
               confirmed
               by
               your
               authoritie
               .
            
             An
             ancient
             Historian
             gives
             this
             testimony
             of
             the
             third
             of
             Mentz
             ,
             holden
             under
             the
             same
             Prince
             ,
             
             
               They
               treated
               of
               Ecclesiasticall
               questions
               (
               saith
               he
               ,
               speaking
               of
               the
               Bishops
               of
               that
               Councell
               )
               but
               the
               King
               being
               imployed
               in
               publique
               affaires●
               and
               composing
               differences
               among
               the
               Princes
               and
               Governours
               of
               Provinces
               ,
               returned
               to
               Bavaria
               ,
               after
               hee
               had
               approved
               the
               Syno●icall
               acts
               ,
               which
               were
               referred
               to
               his
               judgement
               .
            
          
           
             15
             In
             all
             this
             it
             is
             to
             be
             observed
             ,
             that
             in
             none
             of
             these
             Councels
             was
             it
             ever
             consulted
             about
             requiring
             of
             t●e
             Popes
             approbation
             ,
             nor
             his
             consent
             in
             any
             thing
             whatsoever
             ;
             which
             is
             much
             different
             from
             the
             manner
             of
             proceeding
             in
             that
             Councell
             which
             we
             reject
             .
             
             Onely
             wee
             reade
             that
             a
             certaine
             Bishop
             of
             Rhemes
             sent
             the
             acts
             of
             a
             Synod
             holden
             at
             Soissons
             to
             bee
             confirmed
             by
             Pope
             Bennet
             ,
             who
             succeeded
             Leo.
             But
             withall
             that
             he
             did
             not
             doe
             it
             by
             any
             decree
             of
             the
             Councell
             :
             and
             this
             example
             is
             not
             so
             much
             worth
             against
             so
             many
             to
             the
             contrarie
             .
             And
             it
             is
             so
             farre
             from
             truth
             ,
             that
             the
             Popes
             confirmation
             was
             ever
             required
             to
             the
             Ecclesiasticall
             lawes
             of
             France
             ,
             that
             on
             the
             contrary
             the
             Popes
             themselves
             have
             received
             them
             ,
             as
             we
             prove
             elsewhere
             .
             
             The
             Councell
             of
             Aix
             holden
             in
             the
             yeare
             837
             ,
             intreat
             King
             
               Pepin
               To
               take
               their
               act
               in
               good
               part
               .
            
             There
             are
             divers
             others
             which
             doe
             the
             like
             .
          
           
             16
             There
             are
             some
             also
             extant
             whose
             decrees
             are
             conceived
             in
             the
             name
             of
             our
             Kings
             ,
             whom
             the
             Councels
             bring
             in
             speaking
             ,
             that
             they
             may
             bee
             of
             more
             force
             :
             which
             denotes
             the
             great
             authority
             of
             our
             Kings
             over
             Councels
             .
             Such
             are
             the
             decrees
             of
             the
             Councell
             of
             Soissons
             ,
             holden
             under
             Pepin
             in
             the
             yeare
             744.
             
             Such
             those
             of
             Francfort
             under
             Charles
             the
             Great
             ,
             about
             the
             condemnation
             of
             images
             ,
             and
             the
             Felician
             heresie
             .
             Such
             are
             those
             of
             the
             Synod
             of
             Pistis
             upon
             the
             Seyne
             ,
             holden
             by
             Charles
             the
             Bald.
             Such
             the
             Pragmatique
             Sanction
             of
             Charles
             the
             seventh
             ,
             which
             is
             nothing
             else
             but
             the
             Decrees
             and
             Determinations
             of
             the
             Councell
             of
             Bourges
             ,
             and
             divers
             others
             .
          
        
      
       
         
         
         
           A
           REVIEW
           OF
           THE
           COVNCELL
           OF
           TRENT
           .
           BOOKE
           IV.
           
        
         
           
             CHAP.
             I.
             That
             the
             Councell
             of
             Trent
             advanceth
             the
             Popes
             authority
             above
             the
             authority
             of
             Councels
             .
          
           
             IT
             is
             not
             said
             in
             expresse
             termes
             by
             the
             Decrees
             of
             the
             Councell
             of
             Trent
             ,
             That
             the
             Pope
             is
             above
             a
             Councel
             ;
             yet
             it
             is
             such
             an
             easie
             matter
             to
             see
             that
             this
             was
             the
             intention
             of
             those
             fathers
             ,
             that
             there
             is
             no
             reason
             to
             make
             any
             scruple
             of
             it
             .
             So
             they
             which
             now
             adayes
             plead
             the
             Popes
             cause
             ,
             build
             their
             maine
             arguments
             upon
             it
             ;
             to
             whom
             by
             the
             way
             wee
             shall
             take
             leave
             to
             make
             some
             resistance
             ,
             in
             defence
             of
             the
             Gallicane
             Church
             ,
             and
             indeed
             of
             the
             liberty
             of
             all
             Christians
             .
             See
             here
             's
             then
             the
             meanes
             whereby
             the
             Pope
             is
             a●thorized
             by
             them
             to
             bee
             above
             a
             Councell
             .
          
           
             2
             First
             of
             all
             ,
             inasmuch
             as
             the
             Bishops
             there
             present
             suffer'd
             and
             approv'd
             the
             Pope
             to
             use
             absolute
             prohibitions
             against
             them
             ,
             and
             that
             with
             commination
             of
             punishments
             and
             penalties
             ;
             and
             that
             of
             his
             own
             authoritie
             he
             commanded
             his
             Legats
             to
             remove
             the
             Councell
             ,
             without
             ever
             making
             any
             mention
             in
             his
             Buls
             of
             asking
             their
             advice
             ,
             but
             rather
             of
             mulcting
             them
             in
             case
             they
             should
             
             refuse
             so
             to
             doe
             .
             
             Wee
             have
             already
             transcribed
             in
             the
             chapter
             of
             the
             convocation
             of
             Councels
             ,
             that
             passage
             wherein
             these
             things
             are
             contained
             .
          
           
             3
             In
             next
             place
             ,
             Because
             the
             authoritie
             of
             the
             Pope
             is
             by
             this
             Councell
             in
             all
             things
             reserved
             :
             which
             is
             as
             much
             as
             to
             say
             ,
             is
             preferr'd
             above
             the
             Decrees
             of
             the
             Councell
             ,
             so
             as
             hee
             may
             change
             and
             alter
             them
             at
             his
             pleasure
             .
             In
             the
             second
             Decree
             of
             the
             sixth
             Session
             ,
             it
             is
             said
             ,
             
               The
               same
               holy
               Councell
               ,
               the
               same
               Legats
               there
               presiding
               ,
               intending
               to
               prosecute
               the
               businesse
               in
               hand
               touching
               reformation
               and
               residence
               ,
               hath
               resolved
               that
               it
               be
               ordained
               as
               followeth
               ,
               saving
               alwayes
               in
               all
               things
               the
               authority
               of
               the
               holy
               See
               Apostolique
               .
            
             And
             in
             the
             21
             chapter
             of
             the
             last
             Session
             ;
             
               Finally
               the
               holie
               Councell
               declares
               ,
               that
               in
               all
               and
               every
               thing
               which
               hath
               been
               ordained
               in
               this
               holy
               Councell
               touching
               reformation
               of
               manners
               ,
               and
               Ecclesiasticall
               discipline
               ,
               under
               what
               clauses
               and
               words
               soever
               exprest
               ,
               as
               w●ll
               under
               Pope
            
             Paul
             
               the
               third
               ,
               and
            
             Iulius
             
               the
               third
               ,
               as
               under
               the
               most
               blessed
            
             Pius
             
               the
               fourth
               ,
               they
               were
               so
               ordained
               and
               decreed
               ,
               as
               that
               the
               authority
               of
               the
               holy
               See
               Apostolique
               is
               and
               must
               alwayes
               bee
               understood
               to
               be
               reserved
               .
            
          
           
             
             4
             In
             the
             third
             place
             ,
             Because
             they
             give
             unto
             him
             power
             to
             declare
             ,
             interpret
             ,
             and
             resolue
             all
             doubts
             ,
             and
             difficulties
             ,
             which
             shall
             arise
             about
             the
             Canons
             and
             D●crees
             of
             the
             Councell
             in
             such
             manner
             as
             hee
             shall
             thinke
             good
             .
          
           
             
             5
             Fourthly
             ,
             Because
             in
             the
             conclusion
             of
             the
             Councell
             they
             desire
             a
             confirmation
             from
             the
             Pope
             of
             all
             and
             every
             such
             things
             as
             were
             there
             by
             them
             ordained
             an●
             determined
             .
          
           
             
             6
             Fift●ly
             ,
             Because
             they
             decreed
             that
             Provincial
             Councels
             shall
             promise
             and
             make
             protestation
             of
             true
             obedience
             to
             the
             Pope
             .
          
           
             7
             Sixthly
             ,
             Because
             the
             Pope
             ,
             during
             the
             time
             of
             the
             Councell
             ,
             did
             and
             exercised
             what
             of
             right
             belonged
             to
             the
             Councel
             ,
             and
             not
             to
             him
             :
             as
             the
             creation
             of
             Cardinals
             ,
             the
             according
             of
             Princes
             ,
             and
             other
             things
             of
             like
             nature
          
           
             8
             Seventhly
             ,
             Because
             the
             Pope
             tooke
             authority
             upon
             him
             in
             the
             very
             Councell
             :
             As
             when
             the
             question
             was
             about
             the
             controversie
             betwixt
             the
             Kings
             of
             France
             and
             Spaine
             .
          
           
             9
             Eighthly
             ,
             Because
             they
             permitted
             ,
             yea
             approved
             the
             ordinance
             of
             Pius
             the
             fourth
             :
             That
             if
             the
             Pope
             chance
             to
             die
             during
             the
             time
             of
             the
             Councel
             ,
             the
             election
             of
             another
             belongs
             to
             the
             Cardinals
             .
          
           
             10
             Ninthly
             ,
             Because
             it
             confirm'd
             all
             Papall
             constitutions
             in
             generall
             ;
             and
             cons●quently
             that
             of
             Leo
             the
             tenth
             ,
             wherein
             he
             disalloweth
             the
             Pragmatique
             Sanction
             ,
             and
             declares
             the
             Pope
             to
             bee
             above
             a
             Councell
             .
          
           
             11
             Tenthly
             ,
             Because
             they
             suffered
             ,
             that
             the
             Popes
             which
             reigned
             during
             the
             time
             that
             they
             were
             assembled
             together
             in
             Councell
             ,
             inserted
             in
             the
             faculties
             of
             their
             Legats
             ;
             namely
             the
             power
             of
             derogating
             from
             General
             Councels
             .
          
           
             12
             And
             lastly
             ,
             Because
             they
             treated
             and
             resolved
             upon
             nothing
             in
             that
             Councell
             ,
             till
             such
             time
             as
             they
             had
             sent
             to
             seeke
             the
             the
             holy
             Ghost
             at
             Rome
             ,
             and
             had
             consulted
             the
             Popes
             oracle
             ,
             as
             wee
             said
             already
             in
             another
             place
             .
             Hence
             then
             we
             with
             good
             consequence
             conclude
             ,
             that
             they
             gave
             the
             Popes
             authority
             over
             Councels
             :
             which
             was
             never
             done
             before
             ,
             save
             onely
             in
             the
             Lateran
             Conventicle
             :
             and
             it
             will
             never
             appear
             that
             the
             former
             Councels
             gave
             any
             such
             advantages
             to
             the
             Popes
             in
             any
             of
             these
             cases
             here
             specified
             .
          
           
             13
             For
             the
             first
             ,
             it
             was
             never
             heard
             of
             before
             ,
             that
             Popes
             tooke
             upon
             them
             to
             mulct
             Councels
             :
             to
             command
             them
             in
             an
             imperious
             way
             .
             Eugenius
             the
             fou●●h
             commanded
             indeed
             the
             translation
             of
             the
             Councel
             of
             Basil
             ,
             but
             in
             milder
             termes
             ,
             and
             yet
             he
             was
             not
             obeyed
             in
             it
             .
             This
             was
             one
             of
             the
             questions
             discuss'd
             and
             resolv'd
             at
             the
             Councell
             of
             
               Basil
               ,
               That
               the
               Pope
               of
               his
               owne
               authority
               
               cannot
               dissolve
               ,
               nor
               transferre
               ,
               nor
               protract
               o
               Generall
               Councell
               lawfully
               assembled
               ,
               without
               its
               consent
               .
            
             
             This
             very
             resolution
             was
             received
             and
             approved
             in
             France
             by
             the
             confirmation
             of
             the
             Councell
             of
             Basil
             ,
             made
             at
             the
             Synod
             of
             Bo●rges
             ;
             as
             may
             bee
             seene
             in
             the
             Pragmatique
             Sanction
             of
             King
             Charles
             the
             seventh
             ,
             wherein
             that
             Decree
             is
             inserted
             word
             for
             word
             .
             If
             we
             looke
             up
             to
             the
             ancient
             times
             ,
             it
             is
             certaine
             that
             the
             translation
             ,
             prorogation
             ,
             and
             dissolution
             of
             Councels
             belonged
             to
             the
             same
             to
             whom
             the
             Convocation
             :
             Now
             the
             Convocation
             (
             as
             we
             have
             shewed
             )
             was
             made
             by
             Emperours
             an●
             Princes
             ;
             therefore
             it
             belonged
             to
             them
             also
             to
             translate
             them
             when
             they
             thought
             sit
             ,
             without
             any
             injunction
             from
             any
             man
             in
             this
             matter
             .
          
           
             14
             It
             will
             bee
             said
             perhaps
             that
             the
             transl●tion
             of
             this
             Councell
             from
             Trent
             to
             Bonony
             ,
             by
             virtue
             of
             the
             Popes
             Bull
             ,
             was
             avowed
             by
             the
             Councel
             .
             It
             is
             true
             ;
             but
             here
             we
             must
             take
             notice
             of
             two
             things
             :
             First
             ,
             that
             when
             the
             Pope
             commanded
             that
             removall
             ,
             hee
             did
             not
             put
             into
             it
             any
             saving
             or
             reservation
             of
             the
             good
             will
             of
             the
             Councell●
             which
             ought
             to
             have
             been
             done
             according
             to
             the
             Councell
             of
             Basil.
             The
             second
             ,
             that
             the
             Bishops
             indeed
             which
             were
             there
             did
             deliberate
             upon
             this
             translation
             ,
             but
             it
             was
             to
             conforme
             themselves
             to
             the
             Popes
             command
             :
             for
             say
             they
             ,
             
             
               The
               Authority
               also
               of
               the
               holy
               See
               Apostolique●
               unto
               the
               said
               most
               reverend
               Presidents
               in
               more
               speciall
               manner
               granted
               intervening
               .
            
             They
             were
             very
             fearfull
             of
             doing
             otherwise
             ,
             and
             swarving
             the
             least
             jot
             from
             his
             pleasure
             ,
             considering
             those
             comminations
             whereof
             we
             have
             spoken
             already
             .
             Nay
             besides
             all
             this
             ,
             in
             bringing
             of
             it
             back
             againe
             from
             Bonony
             to
             Trent
             by
             the
             only
             authority
             of
             Iulius
             the
             third
             ,
             there
             was
             not
             any
             deliberation
             at
             all
             about
             it
             in
             the
             Councell
             ;
             howbeit
             that
             Bull
             containes
             some
             as
             peremptory
             clauses
             as
             the
             former
             ;
             as
             for
             example
             this
             which
             follows
             ;
             
             
               Decreeing
               notwithstanding
               that
               if
               ought
               bee
               attempted
               to
               the
               contrary
               hereof
               by
               any
               person
               whatsoever
               ,
               by
               any
               authority
               whatsoever
               ,
               it
               to
               bee
               void
               and
               of
               no
               effect
               .
               Let
               it
               not
               therefore
               be
               lawfull
               for
               any
               man
               to
               infringe
               ,
               or
               in
               a
               temerarious
               boldnesse
               to
               oppose
               this
               Chart
               of
               these
               our
               present
               exhortation
               ,
               desire
               ,
               admonition
               ,
               ordinance
               ,
               declaration
               ,
               innovation
               ,
               will
               and
               decrees
               .
            
             By
             virtue
             of
             this
             Bull
             those
             Reverend
             fathers
             returned
             from
             Bonony
             to
             Trent
             ,
             without
             ever
             finding
             fault
             with
             that
             clause
             which
             aimed
             directly
             at
             them
             :
             yea
             without
             ever
             giving
             their
             voices
             ,
             or
             consulting
             about
             this
             second
             translation
             ;
             but
             only
             about
             the
             resumption
             and
             continuation
             of
             the
             Councell
             after
             they
             were
             returned
             to
             Trent
             :
             adde
             hereto
             that
             the
             Pope
             saith
             in
             that
             Bull
             ,
             that
             hee
             decrees
             this
             translation
             of
             his
             full
             power
             ,
             and
             with
             the
             advice
             of
             the
             Cardinals
             ,
             making
             no
             mention
             at
             all
             of
             the
             Fathers
             of
             the
             Councell
             in
             this
             respect
             .
          
           
             15
             Shall
             wee
             now
             say
             this
             was
             a
             free
             Councell
             ,
             and
             that
             it
             had
             authority
             over
             the
             Pope
             ,
             being
             so
             rudely
             curb'd
             and
             check'd
             by
             him
             ,
             and
             that
             in
             such
             harsh
             termes
             ?
             All
             which
             (
             as
             this
             is
             it
             betrayes
             the
             naked
             truth
             of
             their
             intention
             )
             are
             registred
             in
             the
             Acts
             of
             the
             Councell
             .
             Now
             all
             these
             forementioned
             clauses
             deserve
             to
             bee
             paralleld
             with
             those
             in
             the
             Bull
             of
             Eugenius
             the
             fourth
             ,
             whereby
             he
             decreed
             the
             translation
             of
             the
             Councell
             of
             Basil
             ,
             and
             which
             raised
             such
             a
             deal
             of
             tragedies
             ,
             to
             the
             confusion
             of
             that
             great
             Pope
             ,
             to
             see
             if
             there
             bee
             any
             thing
             in
             it
             ,
             wherewith
             those
             fathers
             of
             Basil
             might
             be
             more
             justly
             offended
             than
             ours
             of
             Trent
             were
             .
             That
             Pope
             had
             ordained
             that
             the
             Councell
             should
             bee
             transferr'd
             from
             Basil
             to
             Bonony
             ,
             and
             afterwards
             that
             it
             should
             continue
             at
             Basil
             ,
             with
             all
             respect
             and
             reverence
             unto
             it
             ,
             and
             without
             any
             haughty
             speeches
             ;
             as
             appears
             by
             his
             Bull
             of
             the
             yeare
             one
             thousand
             foure
             hundred
             thirtie
             one
             ,
             which
             is
             extant
             in
             the
             Acts
             of
             that
             Councell
             ,
             Session
             the
             first
             .
             Notwithstanding
             that
             translation
             ,
             and
             without
             any
             regard
             of
             it
             the
             Councell
             held
             on
             at
             Basil
             :
             yea
             and
             medled
             with
             businesse
             without
             waiting
             for
             the
             arrivall
             of
             the
             Popes
             Legat.
             And
             (
             to
             the
             intent
             the
             Pope
             might
             have
             no
             stomach
             to
             transferre
             ,
             or
             dissolve
             the
             Councell
             at
             his
             pleasure
             )
             it
             confirmed
             the
             Decree
             of
             
             the
             Councell
             of
             Constance
             ,
             
             wherein
             it
             is
             said
             in
             downright
             termes
             ,
             
               That
               a
               Councell
               is
               above
               the
               Pope
            
             ;
             and
             this
             was
             done
             in
             the
             second
             Session
             .
             The
             next
             year
             after
             when
             the
             Councel
             had
             notice
             of
             the
             Popes
             intention
             ,
             which
             was
             to
             dissolve
             the
             Councell
             by
             meanes
             of
             this
             translation
             ,
             they
             sent
             to
             intreat
             him
             that
             he
             would
             not
             doe
             it
             ,
             and
             at
             the
             very
             same
             time
             fix'd
             upon
             this
             resolution
             ,
             not
             to
             suffer
             it
             :
             this
             was
             consulted
             upon
             the
             same
             yeare
             ,
             one
             thousand
             foure
             hundred
             thirty
             two
             ,
             as
             the
             Acts
             relate
             it
             in
             the
             fourth
             Session
             .
             Vpon
             this
             reason
             Eugenius
             by
             his
             Bull
             dated
             in
             August
             ,
             one
             thousand
             foure
             hundred
             thirtie
             three
             ,
             after
             he
             hath
             told
             how
             he
             translated
             the
             Councell
             from
             Basil
             to
             Bonony
             ,
             and
             how
             he
             afterwards
             ordain'd
             that
             it
             should
             be
             continued
             in
             the
             same
             Citie
             of
             Basil
             under
             the
             Presidence
             of
             his
             Legat
             ,
             and
             also
             of
             the
             disrespect
             of
             that
             Councell
             towards
             him
             ,
             who
             had
             held
             their
             Session
             without
             his
             Legat
             ,
             and
             in
             contempt
             of
             the
             translation
             ;
             hereupon
             he
             sent
             out
             a
             Bull
             ,
             which
             is
             not
             in
             any
             thing
             more
             presumptuous
             than
             those
             of
             Iulius
             the
             third
             ,
             and
             Pius
             the
             fourth
             ,
             about
             the
             translation
             of
             the
             Councell
             of
             Trent
             .
             We
             will
             here
             set
             downe
             the
             very
             words
             ,
             that
             so
             the
             comparison
             may
             bee
             more
             easie
             .
          
           
             16
             
               Of
               our
               full
               power
               Apostolicall
               we
               abrogate
               and
               anull
               ,
               and
               decree
               ●hat
               whatsoever
               hath
               been
               enacted
               ,
               declared
               and
               ordain'd
               by
               the
               Councell
               of
            
             Basil
             
               against
               us
               our
               Lawes
               and
               liberties
               ,
               and
               of
               the
               See
               Apostolique
               ,
               be
               invalid
               and
               of
               no
               effect
               .
               Forbidding
               all
               Christians
               to
               obey
               or
               give
               eare
               to
               such
               decrees
               ,
               ordinances
               ,
               commandements
               and
               proceedings
               :
               declaring
               that
               no
               man
               is
               tyed
               by
               any
               bond
               of
               oath
               ,
               promise
               ,
               or
               compact
               made
               with
               them
               ,
               of
               what
               estate
               ,
               degree
               ,
               or
               eminen●e
               soever
               he
               bee
               :
               and
               whether
               he
               bee
               of
               dignitie
               Imperiall
               ,
               Royall
               ,
               Cardinall
               ,
               or
               whatsoever
               else
               Ecclesiasticall
               or
               Civill
               .
               Let
               it
               not
               then
               be
               lawfull
               for
               any
               person
               to
               infringe
               ,
               or
               in
               a
               temerarious
               boldness
               to
               oppose
               this
               our
               declaration
               ,
               ordinance
               ,
               will
               ,
               command
               ,
               cassation
               ,
               abrogation
               ,
               and
               prohibition
               .
            
          
           
             17
             Let
             us
             now
             examine
             all
             these
             clauses
             .
             I.
             First
             of
             all
             hee
             declares
             that
             he
             proceeds
             therein
             
               with
               full
               power
               Apostolique
               .
               Paul
            
             the
             third
             saith
             in
             his
             Bull
             dated
             in
             March
             1544
             ,
             
               Out
               of
               our
               owne
               proper
               motion
               and
               full
               power
               Apostolique
               .
            
             II.
             Secondly
             ,
             he
             casseth
             and
             declareth
             ,
             that
             what
             was
             done
             by
             the
             Councel
             of
             Basil
             in
             prejudice
             of
             his
             authority
             ,
             is
             a
             nullity
             .
             Pope
             Iulius
             the
             third●
             in
             his
             Bull
             of
             the
             15
             of
             December
             ,
             saith
             ,
             
               Wee
               decree
               notwithstanding
               that
               if
               any
               person
               whatsoever
               by
               any
               authoritiy
               whatsoever
               ,
               doe
               attempt
               any
               thing
               to
               the
               contrary
               ,
               it
               shall
               bee
               void
               and
               of
               no
               effect
               .
            
             III.
             Hee
             forbids
             all
             persons
             to
             oppose
             his
             Bull
             out
             of
             temerarious
             boldnesse
             .
             Hear
             Iulius
             in
             his
             upon
             that
             point
             ,
             
               Let
               it
               not
               therefore
               be
               lawfull
               for
               any
               man
               in
               the
               world
               to
               infringe
               this
               present
               Chart
               ,
               or
               out
               of
               a
               temerarious
               boldnesse
               to
               oppose
               it
               .
            
             And
             here
             is
             all
             that
             can
             be
             said
             out
             of
             Pope
             Eugenius
             his
             Bull
             to
             the
             Councell
             of
             Basil.
             But
             this
             is
             not
             all
             of
             Pope
             Pauls
             to
             the
             Councel
             of
             Trent
             .
             For
             behold
             hee
             hath
             yet
             more
             ,
             inasmuch
             as
             he
             commands
             his
             Legats
             ,
             
               To
               remove
               the
               Councell
               of
            
             Trent
             
               to
               what
               other
               place
               they
               please
               ;
               to
               suppresse
               and
               dissolve
               it
               in
               the
               said
               Citie
               of
            
             Trent
             :
             
               and
               to
               forbid
               the
               Prelats
               and
               other
               persons
               of
               that
               Councell
               to
               proceed
               any
               further
               at
               the
               said
            
             Trent
             ,
             
               upon
               paine
               of
               Ecclesiasticall
               censures
               and
               punishments
               .
            
             This
             might
             well
             have
             sufficed
             ,
             but
             to
             make
             up
             the
             upshot
             ,
             see
             yet
             more
             :
             
               To
               summon
               the
               said
               Prelats
               and
               other
               persons
               of
               that
               Councell
               unto
               that
               City
               whither
               it
               sha●l
               he
               adjourned
               ,
               upon
               paine
               of
               perjury
               ,
               and
               other
               punishments
               expressed
               in
               the
               letters
               of
               Convocation
               .
            
             This
             clause
             is
             so
             newfangle
             ,
             that
             the
             Popes
             never
             used
             it
             to
             any
             Councel
             before
             .
             Yet
             neverthelesse
             poore
             Eugenius
             because
             he
             conceived
             such
             an
             enterprise
             was
             declared
             an
             heretique
             by
             the
             Councell
             of
             Basil
             ,
             and
             deposed
             from
             his
             Popedome
             .
             Whereas
             these
             on
             the
             contrary
             have
             wonne
             the
             day
             ,
             and
             triumphed
             over
             the
             Councell
             ,
             over
             Emperours
             ,
             and
             Princes
             ,
             yea
             indeed
             over
             all
             Christendome
             .
             These
             denouncings
             of
             punishments
             are
             formally
             against
             the
             Decrees
             of
             the
             Councels
             of
             
               Constance
               ,
               Basil
            
             ,
             and
             Pisa
             ,
             whereby
             it
             is
             said
             ,
             
               That
               the
               Pope
               hath
               no
               power
               to
               transferre
               a
               Councell
               without
               its
               approbation
               .
            
             
             Which
             notwithstanding
             the
             foresaid
             Popes
             did
             by
             their
             Buls
             above-mentioned
             .
             
          
           
             18
             It
             is
             said
             another
             decree
             of
             the
             Councell
             of
             
               Basil
               ,
               That
               the
               Pope
               hath
               no
               presidence
               either
               coercitive
               or
               authoritative
               above
               a
               Councel
               ,
            
             as
             they
             phra●●
             it
             ,
             
             that
             is
             ,
             none
             which
             gives
             him
             any
             authoritie
             over
             it
             .
             Which
             Decree
             was
             made
             with
             great
             and
             mature
             deliberation
             ,
             after
             they
             had
             spent
             a
             long
             time
             in
             the
             search
             of
             books
             and
             some
             Canons
             ,
             and
             had
             imployed
             the
             most
             learned
             men
             about
             it
             .
          
           
             19
             The
             Cardinals
             that
             called
             the
             second
             Councell
             of
             Pisa
             made
             a
             complaint
             to
             the
             other
             Cardinals
             that
             were
             neare
             to
             Iulius
             the
             second
             ,
             because
             they
             had
             consented
             that
             they
             should
             be
             summoned
             with
             Ecclesiasticall
             censur●s
             to
             another
             place
             to
             keepe
             the
             Councell
             .
             
             
               Wee
               were
               highly
               displeased
               that
               you
               should
               yeeld
               your
               consent
               ,
               or
               give
               your
               advice
               (
               if
               that
               be
               so
               )
               to
               such
               grievous
               admonitions
               and
               censures
               as
               are
               said
               to
               be
               pronounced
               against
               us
               ,
               and
               that
               namely
               summoning
               us
               by
               censures
               to
               a
               place
               which
               is
               notoriously
               suspected
               to
               us
               .
            
             Yet
             nothing
             was
             done
             for
             all
             this
             ,
             for
             they
             let
             the
             Pope
             hold
             his
             Councell
             of
             Lateran
             at
             Rome
             ,
             while
             they
             celebrated
             their
             o●her
             at
             Pisa.
             
          
           
             20
             The
             Councell
             of
             Basil
             used
             another
             manner
             of
             language
             to
             Eugenius
             the
             fourth
             .
             Let
             us
             heare
             what
             Platina
             saith
             of
             it
             .
             
             
               Then
               the
               Pope
               being
               distracted
               with
               a
               doubtfull
               care
               because
               he
               was
               pressed
               with
               warres
               on
               every
               side●
               and
               saw
               the
               Councell
               of
            
             Basill
             ,
             
               which
               was
               formerly
               begunne
               by
               Pope
            
             Martins
             
               Decree
               ,
               to
               encrease
               every
               day
               ,
               the
               Kings
               of
            
             Spaine
             ,
             France
             ,
             Germany
             ,
             and
             Poland
             
               s●ocking
               thither
               ,
               as
               r●ferring
               the
               common
               cause
               of
               the
               Christian
               Commonwealth
               to
               the
               Councels
               arbitrement
               resolving
               with
               himselfe
               to
               breake
               off
               the
               Councell
               ,
               he
               transferred
               it
               first
               from
            
             Basil
             to
             Bonony
             
               with
               the
               consent
               of
               all
               the
               Cardinals
               that
               were
               with
               him
               .
               But
               the
               Emperour
               and
               the
               rest
               of
               the
               Princes
               and
               Prelates
               then
               at
            
             Basil
             
               did
               not
               onely
               disobey
               him
               ,
               but
               admonished
               him
               two
               or
               three
               times
               to
               come
               with
               the
               Cardinals
               to
            
             Basil
             ,
             
               the
               proper
               place
               for
               the
               holding
               of
               the
               Councell
               ,
               and
               which
               had
               beene
               pitched
               upon
               by
               Pope
            
             Martin
             ,
             
               otherwise
               they
               would
               proceed
               against
               him
               as
               a
               prevaricator
               and
               contumacious
               person
               .
            
             Eugenius
             
               being
               moved
               with
               these
               words
               ,
               confirmed
               the
               Councell
               of
            
             Basil
             
               by
               his
               Apostolicall
               letters
               ,
               giving
               every
               one
               leave
               to
               goe
               thither
               .
            
             But
             all
             this
             which
             hee
             relates
             doth
             appeare
             yet
             more
             plainly
             by
             the
             reading
             of
             the
             Acts
             of
             that
             Councell
             ,
             to
             which
             I
             refer
             the
             Reader
             .
          
           
             21
             As
             for
             the
             Popes
             authority
             ,
             which
             is
             alwayes
             reserved
             in
             all
             the
             Decrees
             of
             this
             Councell
             ,
             it
             is
             as
             extraordinary
             a
             clause
             as
             can
             bee
             imagined
             .
             I
             confesse
             there
             was
             alwaies
             a
             great
             deale
             of
             honour
             given
             to
             this
             See
             of
             Rome
             in
             consideration
             it
             was
             the
             chiefe
             Citie
             of
             the
             Empire
             :
             but
             to
             make
             such
             a
             reservation
             of
             his
             authoritie
             was
             a
             thing
             unusuall
             and
             unknowne
             .
          
           
             22
             When
             the
             question
             was
             about
             condemning
             the
             Felician
             heresie
             ,
             
             because
             the
             author
             of
             it
             had
             beene
             formerly
             sent
             to
             Adrian
             the
             first
             ,
             and
             convicted
             in
             his
             presence
             ,
             therefore
             the
             Councell
             of
             Francford
             being
             to
             excommunicate
             the
             Bishops
             of
             Spaine
             ,
             did
             him
             so
             much
             honour
             as
             to
             make
             an
             expresse
             reservation
             of
             Pope
             Adrians
             priviledge
             .
             Which
             is
             no
             generall
             priviledge
             comprehending
             any
             authoritie
             over
             Councels
             :
             but
             onely
             a
             prerogative
             in
             that
             point
             which
             concerned
             the
             Bishops
             condemnation
             ,
             to
             the
             intent
             that
             the
             processe
             might
             be
             revised
             by
             his
             authoritie
             ,
             according
             to
             the
             Decree
             of
             the
             Councell
             of
             Sardis
             .
             So
             likewise
             the
             first
             Councell
             of
             Ephesus
             did
             Pope
             Celestine
             the
             honour
             to
             referre
             Iohn
             Bishop
             of
             Antioch
             his
             cause
             to
             his
             judgement
             ,
             and
             that
             for
             the
             reason
             which
             we
             elsewhere
             relate
             .
             But
             all
             this
             was
             done
             out
             of
             a
             prerogative
             of
             honour
             ,
             not
             out
             of
             any
             acknowledgement
             of
             the
             Popes
             superioritie
             over
             a
             Councell
             :
             for
             it
             can
             never
             bee
             found
             that
             other
             Councels
             reserved
             the
             Popes
             authoritie
             over
             their
             Decrees
             .
          
           
             23
             Besides
             ,
             this
             is
             a
             way
             to
             bring
             a
             tyrannie
             into
             the
             Church
             ,
             seeing
             hee
             
             that
             should
             have
             such
             an
             unlimited
             power
             not
             subject
             to
             any
             controll
             or
             reproofe
             ,
             
             might
             alter
             and
             change
             all
             things
             concerning
             manners
             and
             Ecclesiasticall
             discipline
             ,
             might
             lead
             all
             the
             world
             in
             a
             string
             ,
             and
             have
             them
             under
             his
             lash
             ;
             might
             hooke
             into
             his
             owne
             hands
             the
             election
             ,
             deposition
             ,
             and
             judgement
             of
             all
             Clergymen
             :
             in
             a
             word
             ,
             this
             is
             put
             all
             in
             his
             hands
             .
             There
             was
             no
             need
             of
             staying
             such
             a
             while
             at
             Trent
             to
             make
             up
             so
             many
             Decrees
             ,
             if
             they
             must
             afterwards
             send
             them
             to
             the
             Pope
             to
             cancell
             .
             For
             it
             is
             well
             knowne
             hee
             dispenseth
             with
             them
             sufficiently
             himselfe
             ,
             so
             as
             there
             is
             no
             necessitie
             of
             enlarging
             his
             power
             any
             further
             .
             They
             might
             have
             done
             better
             to
             have
             referred
             all
             to
             his
             discretion
             at
             first
             ,
             to
             clip
             and
             stitch
             them
             up
             at
             his
             pleasure
             .
             The
             expences
             of
             so
             many
             armies
             might
             have
             been
             spared
             .
             But
             see
             here
             a
             thing
             worth
             your
             observation
             :
             All
             the
             Princes
             and
             people
             of
             Christendome
             grone
             after
             a
             reformation
             of
             the
             Church
             :
             cry
             out
             that
             it
             must
             begin
             at
             the
             head
             ,
             &
             from
             thence
             descend
             to
             the
             members
             :
             The
             instructions
             given
             to
             the
             Ambassadours
             of
             the
             Emperor
             ,
             the
             King
             of
             France
             ,
             and
             all
             Germany
             are
             charged
             with
             it
             .
             Pope
             Adrian
             confesseth
             it
             by
             his
             Legat
             in
             the
             Diet
             of
             Noremberg
             .
             And
             yet
             for
             all
             this
             in
             stead
             of
             a
             pastorall
             staffe
             which
             hee
             had
             before
             ,
             they
             give
             him
             a
             club
             ,
             a
             two
             edged
             sword
             .
             In
             stead
             of
             reforming
             the
             abuses
             ,
             they
             foment
             them
             :
             in
             stead
             of
             extirpating
             them
             ,
             they
             increase
             them
             .
             Let
             us
             now
             prosecute
             the
             other
             points
             .
          
           
             24
             The
             Councell
             referres
             the
             exposition
             and
             declaration
             of
             such
             doubts
             and
             controversies
             as
             may
             arise
             about
             it
             solely
             and
             wholly
             to
             the
             Pope
             .
             Whereupon
             we
             reply
             ,
             that
             if
             they
             bee
             pettie
             doubts
             they
             should
             as
             well
             bee
             resolv'd
             by
             other
             Bishops
             as
             by
             him
             ,
             seeing
             they
             are
             all
             expositours
             of
             Gods
             law
             ,
             which
             hath
             at
             least
             as
             much
             authoritie
             as
             the
             Councell
             of
             Trent
             .
             And
             therefore
             by
             consequent
             the
             Councell
             of
             Trent
             derogates
             from
             their
             authoritie
             ,
             in
             ascribing
             that
             to
             the
             Pope
             alone
             which
             belongs
             unto
             them
             all
             .
             But
             if
             there
             bee
             some
             great
             controversie
             in
             question
             ,
             the
             definition
             of
             it
             belongs
             to
             a
             Councell
             .
             These
             Fathers
             knew
             it
             well
             enough
             ,
             when
             they
             said
             that
             the
             Pope
             might
             provide
             for
             it
             
               by
               holding
               of
               a
               Councell
            
             :
             
             but
             the
             sting
             and
             venome
             is
             in
             the
             taile
             ,
             
               or
               by
               any
               other
               way
               as
               shall
               seeme
               to
               him
               to
               be
               most
               convenient
               .
            
             The
             Councels
             of
             Constance
             and
             Basil
             did
             not
             use
             the
             matter
             so
             ,
             but
             piously
             ordain'd
             
               that
               from
               thence
               forwards
               Generall
               Councels
               should
               bee
               holden
               from
               ten
               yeares
               to
               ten
               yeares
               .
            
             In
             which
             they
             were
             approv'd
             by
             the
             Pragmatique
             Sanction
             of
             Bourges
             .
             This
             is
             the
             true
             meanes
             of
             expounding
             doubts
             ,
             of
             weeding
             out
             heresies
             ,
             of
             tilling
             the
             Lords
             field
             ,
             as
             it
             is
             said
             in
             those
             Councels
             .
          
           
             25
             This
             keeping
             of
             Councels
             every
             ten
             yeares
             was
             found
             so
             necessary
             ,
             that
             the
             Pope
             was
             forbid
             to
             prolong
             the
             time
             ,
             howbeit
             power
             was
             given
             him
             upon
             just
             cause
             to
             abridge
             it
             .
             Our
             Trent
             Fathers
             were
             of
             another
             opinion
             :
             having
             this
             conceit
             that
             the
             Popes
             are
             much
             enamour'd
             of
             Councels
             ,
             in
             these
             times
             especially
             when
             it
             is
             lawfull
             for
             them
             to
             doe
             any
             thing
             ,
             they
             have
             l●ft
             it
             to
             their
             discretion
             to
             call
             them
             when
             they
             shall
             thinke
             good
             .
             What
             I
             pray
             ?
             give
             a
             childe
             a
             rod
             to
             whip
             himselfe
             when
             he
             list
             with
             .
             They
             have
             no
             lust
             to
             procure
             them
             ,
             although
             by
             this
             of
             Trent
             they
             are
             declar'd
             masters
             over
             them
             ,
             whereas
             by
             others
             they
             were
             but
             servants
             to
             them
             .
             They
             are
             too
             apprehensive
             of
             the
             returne
             of
             tho●e
             former
             times
             .
             Let
             a
             man
             but
             consider
             the
             mysterie
             of
             that
             of
             Trent
             :
             five
             and
             twentie
             yeares
             must
             they
             pause
             upon
             the
             calling
             of
             it
             ,
             and
             spend
             eighteene
             years
             in
             the
             holding
             of
             it
             .
             Why
             all
             this
             ?
             if
             not
             to
             chuse
             the
             times
             and
             seasons
             of
             purpose
             to
             dispose
             persons
             to
             their
             desire
             ,
             to
             alter
             their
             mindes
             ,
             to
             breake
             off
             the
             good
             designes
             of
             such
             as
             laboured
             a
             reformation
             ,
             to
             imploy
             them
             upon
             businesse
             ,
             to
             stirre
             up
             troubles
             ,
             and
             put
             all
             things
             in
             commotion
             ,
             that
             so
             they
             might
             reigne
             more
             powerfully
             ,
             and
             bring
             all
             things
             under
             their
             Empire
             ?
          
           
             
             26
             As
             for
             the
             approbation
             of
             it
             which
             was
             demanded
             at
             the
             Popes
             hands
             ,
             we
             have
             spoke
             so
             fully
             of
             it
             in
             another
             place
             ,
             that
             there
             is
             no
             need
             of
             adding
             
             any
             more
             to
             it
             .
             We
             shall
             only
             say
             that
             those
             Fathers
             did
             meerly
             befoole
             themselves
             in
             their
             mysterie
             ,
             
             by
             ordaining
             that
             the
             Pope
             should
             confirm
             that
             which
             himselfe
             had
             made
             ,
             either
             at
             Rome
             from
             whence
             hee
             sent
             the
             Canons
             and
             Decrees
             ready
             made
             to
             their
             hands
             ;
             or
             at
             Trent
             ,
             where
             hee
             presided
             by
             his
             Legats
             .
             But
             this
             was
             to
             make
             it
             appeare
             to
             every
             man
             that
             all
             depends
             upon
             him
             alone
             ,
             and
             that
             the
             rest
             of
             the
             world
             is
             but
             his
             footstoole
             .
          
           
             27
             As
             for
             the
             oath
             of
             true
             obedience
             to
             the
             Pope
             ,
             to
             which
             Provinciall
             Synods
             are
             submitted
             by
             this
             very
             Councell
             ,
             wee
             say
             likewise
             that
             it
             is
             an
             unusuall
             thing
             ,
             yea
             unknowne
             in
             former
             Councels
             :
             which
             were
             so
             farre
             from
             taking
             an
             oath
             of
             obedience
             to
             the
             Pope
             ,
             that
             on
             the
             contrary
             they
             opposed
             him
             when
             he
             out-rayed
             from
             his
             dutie
             ;
             and
             made
             him
             know
             that
             every
             one
             of
             the
             Bishops
             ,
             of
             whom
             they
             consisted
             ,
             was
             as
             good
             a
             man
             as
             he
             ,
             saving
             his
             Patriarchall
             dignitie
             ,
             which
             is
             common
             to
             him
             with
             others
             of
             the
             same
             Order
             .
             Heare
             what
             the
             Bishops
             of
             the
             Synod
             of
             Metz
             say
             to
             Pope
             Nicholas
             who
             had
             excommunicated
             them
             .
             
             
               We
               see
               thine
               anger
               and
               thy
               swelling
               power
               .
               We
               doe
               not
               yeeld
               an
               inch
               either
               to
               thee
               or
               to
               thy
               pride
               ;
               and
               wee
               will
               make
               thee
               know
               wee
               are
               none
               of
               thy
               Clerkes
               ,
               as
               thou
               boastest
               thy selfe
               ,
               and
               art
               proud
               of
               it
               ;
               seeing
               that
               if
               thy
               passion
               would
               suffer
               thee
               ,
               thou
               should
               acknowledge
               us
               for
               thy
               brethren
               and
               fellow
               Bishops
               .
            
             But
             we
             shall
             handle
             all
             that
             can
             bee
             said
             to
             this
             point
             in
             the
             gen●rall
             question
             ,
             
               Whether
               the
               Pope
               bee
               above
               a
               Councell
               .
            
             Wee
             will
             onely
             adde
             here
             ,
             that
             this
             obedience
             is
             of
             a
             new
             stamp
             :
             and
             to
             be
             full
             assured
             of
             its
             noveltie
             we
             need
             but
             read
             the
             Councels
             holden
             in
             former
             times
             ,
             where
             wee
             shall
             finde
             no
             such
             thing
             .
             That
             of
             Basil
             speakes
             at
             large
             of
             provinciall
             Synods
             in
             the
             fifteenth
             Session
             ,
             and
             prescribes
             them
             a
             forme
             which
             they
             shall
             observe
             ,
             and
             sets
             downe
             what
             they
             shall
             doe
             .
             But
             it
             hath
             quite
             forgot
             this
             clause
             of
             obedience
             .
          
           
             28
             It
             is
             also
             a
             thing
             notorious
             ,
             that
             the
             Popes
             proceeded
             to
             the
             creation
             of
             a
             great
             number
             of
             Cardinals
             during
             the
             time
             of
             the
             celebration
             of
             the
             Councel
             .
             Onuphrius
             testifies
             that
             Pius
             the
             fourth
             in
             foure
             elections
             which
             he
             made
             created
             full
             fortie
             six
             before
             the
             end
             of
             this
             Councell
             .
             
             Now
             by
             that
             of
             Basil
             in
             the
             fourth
             Session
             ,
             the
             Pope
             is
             forbid
             to
             create
             any
             Cardinals
             during
             the
             time
             of
             the
             Councell●
             
               The
               holy
               Councell
               ordaines
               by
               this
               irrefragable
               Decree
               ,
               that
               during
               the
               time
               of
               this
               sacred
               Councell
               ,
               the
               Pope
               of
            
             Rome
             ,
             
               absent
               in
               person
               from
               the
               place
               of
               this
               Sacred
               Councell
               ,
               nor
               ought
               nor
               can
               preferre
               any
               man
               of
               what
               quality
               soever
               to
               the
               dignity
               of
               Cardinall
               ,
               by
               any
               meanes
               or
               upon
               any
               pretence
               whatsoever
               .
            
          
           
             29
             That
             which
             we
             urge
             touching
             the
             according
             of
             Christian
             Princes
             is
             not
             causlesse
             :
             it
             is
             one
             of
             the
             functions
             belonging
             to
             Councels
             to
             appease
             the
             quarrels
             and
             controversies
             amongst
             them
             .
             The
             Councell
             of
             Basil
             saith
             it
             was
             assembled
             
               For
               the
               extirpation
               of
               errours
               and
               heresies
            
             :
             
             
               for
               the
               reformation
               of
               manners
               in
               the
               head
               and
               members
               ;
               and
               for
               the
               pacification
               of
               Kings
               and
               Kingdomes
               ,
               and
               all
               other
               Christians
               .
            
             Now
             it
             was
             evident
             that
             during
             the
             time
             of
             the
             celebration
             of
             this
             Councell
             ,
             all
             Christendome
             was
             up
             in
             armes
             :
             the
             Popes
             were
             observed
             to
             make
             commotions
             ,
             to
             kindle
             warres
             and
             sound
             an
             alarum
             ,
             I
             say
             not
             against
             those
             that
             were
             departed
             from
             his
             obedience
             ,
             but
             even
             against
             Catholique
             Princes
             .
             Henry
             the
             second
             ,
             King
             of
             France
             ,
             may
             serve
             for
             instance
             .
             And
             when
             the
             Pope
             pleased
             agreements
             were
             made
             .
             All
             this
             while
             our
             Councell
             never
             said
             a
             word
             to
             it
             ,
             but
             like
             a
             snaile
             drew
             in
             its
             hornes
             ,
             and
             among
             all
             these
             tempests
             remained
             close
             shut
             up
             in
             its
             shell
             ,
             not
             daring
             shew
             it selfe
             in
             such
             daintie
             affaires
             :
             letting
             all
             things
             passe
             as
             if
             it
             had
             no
             interest
             in
             them
             :
             as
             if
             it
             had
             beene
             the
             bloud
             of
             Barbarians
             which
             was
             shed
             ,
             and
             not
             of
             the
             members
             of
             Christ.
             When
             there
             arose
             a
             controversie
             in
             the
             Councell
             betwixt
             the
             Ambassadours
             of
             France
             and
             Spaine
             about
             precedencie
             ,
             our
             Councell
             continuing
             in
             its
             accustomed
             silence
             ,
             suffered
             the
             Pope
             to
             interpose
             in
             it
             ,
             and
             to
             negotiate
             the
             accord
             ,
             after
             he
             had
             fomented
             the
             quarrell
             .
             In
             briefe
             ,
             wee
             may
             fitly
             say
             this
             
             Councell
             was
             nothing
             but
             a
             white
             wall
             upon
             which
             the
             Pope
             might
             write
             what
             he
             list
             :
             
             that
             it
             moved
             onely
             by
             him
             ;
             that
             it
             was
             a
             Pope
             Councell
             ,
             that
             is
             ,
             a
             Councel
             in
             name
             ,
             but
             a
             Pope
             in
             deed
             .
          
           
             30
             As
             for
             the
             authoritie
             which
             we
             say
             the
             Pope
             tooke
             upon
             him
             over
             the
             Councell
             ,
             it
             appeares
             in
             that
             commandement
             which
             came
             from
             him
             for
             censing
             the
             Ambassadours
             of
             the
             two
             Kings
             both
             at
             once
             ,
             which
             was
             an
             occasion
             of
             dissention
             :
             witnesse
             Onuphrius
             ,
             who
             saith
             ,
             
             
               There
               was
               a
               great
               controversie
               by
               reason
               that
               by
               command
               from
               the
               Pope
               the
               Ambassadours
               of
               the
               two
               Princes
               were
               both
               censed
               at
               once
               .
            
          
           
             31
             But
             loe
             here
             that
             which
             outgoes
             all
             the
             rest
             I
             namely
             ,
             that
             Pius
             the
             4
             ordained
             by
             a
             Bull
             of
             his
             ,
             
             
               That
               if
               the
               Pope
               happened
               to
               dye
               during
               the
               time
               of
               the
               celebration
               of
               a
               Councell
               ,
               the
               election
               of
               a
               new
               Pope
               shall
               belong
               to
               the
               Cardinals
               onely
               ,
               and
               not
               to
               the
               Councell
               .
            
             Which
             Bull
             (
             saith
             the
             same
             Onuphrius
             )
             was
             confirmed
             and
             approved
             by
             all
             the
             Fathers
             of
             this
             Councell
             .
             Besides
             ,
             if
             they
             had
             not
             done
             so
             in
             expresse
             termes
             ,
             the
             generall
             Decree
             would
             have
             beene
             sufficient
             for
             it●
             whereby
             they
             have
             authorized
             all
             the
             Popes
             Canons
             and
             Decrees
             ,
             and
             besides
             have
             in
             expresse
             words
             advanced
             the
             Pope
             above
             the
             Councell
             in
             all
             things
             ,
             and
             to
             all
             effects
             and
             purposes
             .
             Now
             the
             Pope
             having
             made
             this
             Decree
             during
             the
             time
             the
             Councell
             sate
             ,
             and
             the
             Councell
             having
             admitted
             of
             it
             ,
             wee
             may
             well
             conclude
             that
             it
             hath
             resigned
             its
             power
             to
             the
             Pope
             ,
             and
             hath
             advanced
             him
             above
             it selfe
             .
          
           
             32
             Now
             that
             the
             Election
             of
             the
             Pope
             belongs
             to
             the
             Councell
             ,
             is
             cleare
             by
             that
             of
             Constance
             in
             the
             fourteenth
             Session
             .
             
               The
               holy
               Generall
               Councell
               of
            
             Constance
             
               ordaineth
               that
               the
               next
               election
               of
               a
               Pope
               of
            
             Rome
             
               shall
               bee
               performed
               in
               such
               manner
               ,
               forme
               ,
               place
               and
               time
               as
               shall
               bee
               appointed
               by
               the
               sacred
               Synod
               :
               and
               that
               the
               said
               Councell
               may
               for
               the
               future
               qualifie
               ,
               receive
               and
               depute
               such
               persons
               as
               it
               shall
               thinke
               good
               ,
               of
               what
               estate
               and
               condition
               soever
               ,
               to
               make
               such
               election
               active
               and
               passive
               .
            
             This
             Decree
             was
             after
             confirmed
             by
             the
             Councell
             of
             Basil
             in
             the
             37
             Session
             .
             
               The
               holy
               Synod
               ordaines
               that
               if
               the
               See
               Apostolique
               happen
               to
               be
               void
               while
               this
               holy
               Generall
               Councell
               sits
               ,
               the
               election
               of
               the
               Pope
               shall
               be
               in
               this
               place
               ,
               forbidding
               it
               to
               be
               done
               in
               any
               other
               .
            
          
           
             33
             It
             is
             true
             the
             Councell
             of
             Constance
             gives
             the
             Cardinals
             leave
             to
             proceed
             to
             the
             election
             :
             but
             that
             was
             alwayes
             with
             authoritie
             from
             the
             Councell
             .
             So
             saith
             the
             Abbat
             of
             Panormo
             in
             expresse
             termes
             .
             
             
               To
               avoid
               dissention
               it
               was
               obtained
               of
               the
               Councell
               of
            
             Constance
             
               that
               the
               said
               Councell
               should
               for
               that
               time
               transferre
               their
               right
               upon
               the
               Colledge
               of
               Cardinals
               .
            
             The
             same
             Councell
             of
             Constance
             speakes
             thus
             of
             it
             in
             the
             fortie
             fifth
             Session●
             
               The
               holy
               Generall
               Councell
               of
            
             Constance
             ,
             
               in
               execution
               of
               their
               Ordinance
               ,
               Decree
               ,
               and
               Constitution
               ,
               touching
               the
               forme
               of
               electing
               the
               Pope
               of
            
             Rome
             
               for
               this
               turne
               ,
               to
               proceed
               to
               the
               said
               election
               ,
               hath
               joyned
               to
               the
               right
               Reverend
               Cardinals
               ,
               with
               their
               expresse
               will
               and
               consent
               ,
               the
               Reverend
               Patriarchs
               of
            
             Constantinople
             ,
             &c
             ,
             There
             are
             thirtie
             there
             nominated
             to
             proceed
             to
             the
             said
             election
             with
             the
             Cardinals
             .
             Which
             was
             done
             at
             that
             time
             with
             their
             consent
             ,
             to
             avoid
             trouble
             ,
             by
             reason
             of
             their
             great
             power
             .
             And
             that
             this
             was
             the
             reason
             doth
             plainly
             appeare
             by
             that
             which
             was
             done
             afterwards
             in
             the
             like
             case
             at
             the
             Councell
             of
             Basil
             ,
             which
             gave
             the
             Cardinals
             no
             such
             power
             ,
             but
             made
             choice
             of
             other
             persons
             to
             proceed
             to
             the
             same
             election
             without
             their
             consent
             .
             For
             see
             what
             they
             say
             of
             it
             in
             the
             thirtie
             seventh
             Session
             .
             
               The
               said
               Co●ncell
               doth
               ordaine
               and
               de●lare
               that
               the
               election
               of
               a
               Pope
               shall
               for
               this
               turne
               be
               executed
               and
               performed
               by
               this
               Sacred
               Councell
               of
            
             Basil
             ,
             
               or
               at
               least
               by
               its
               authority
               ,
               according
               to
               the
               forme
               already
               set
               downe
               .
            
             Now
             the
             forme
             was
             this
             :
             that
             the
             Cardinals
             which
             are
             or
             shall
             be
             may
             assist
             accidentally
             at
             the
             said
             election
             ,
             with
             two
             and
             thirtie
             other
             Ecclesiastiques
             of
             all
             Orders
             ,
             alwaies
             provided
             that
             they
             be
             Subdeacons
             at
             least
             :
             Not
             by
             their
             owne
             proper
             authoritie
             ,
             but
             by
             that
             of
             the
             Councell
             ,
             
             as
             it
             is
             said
             in
             these
             words
             ,
             
             
               That
               they
               have
               free
               power
               to
               chuse
               a
               Pope
               by
               the
               authority
               of
               this
               Councell
               .
            
          
           
             34
             Besides
             ,
             it
             was
             not
             ques●ion'd
             in
             the
             Councell
             there
             ,
             Whether
             the
             power
             of
             chusing
             a
             Pope
             belonged
             to
             the
             Councell
             during
             the
             time
             of
             its
             celebration
             :
             but
             onely
             whether
             the
             Councell
             could
             depose
             the
             Pope
             ,
             as
             wee
             finde
             it
             in
             the
             Acts
             of
             that
             Councell
             ,
             collected
             by
             
               AEneas
               Sylvius
            
             ,
             afterwards
             called
             Pope
             Pius
             the
             second
             :
             which
             teacheth
             us
             further
             ,
             ,
             that
             the
             consent
             of
             the
             Cardinals
             was
             no
             way
             necessary
             ,
             but
             onely
             granted
             to
             them
             in
             a
             complement
             .
             
               The
               Fathers
               thought
               it
               requisite
            
             (
             saith
             he
             )
             
               to
               take
               the
               election
               of
               a
               Pope
               into
               consideration
               ,
               ●●d
               the
               chiefe
               of
               them
               having
               consulted
               about
               the
               manner
               of
               proceeding
               ,
               it
               was
               proposed
               and
               at
               last
               agreed
               upon
               in
               full
               assmbly
               ,
               that
               two
               and
               thirty
               Fathers
               ,
               who
               had
               taken
               the
               Orders
               of
               Deacon
               should
               be
               selected
               out
               of
               the
               body
               of
               the
               Councel
               ,
               who
               having
               first
               taken
               their
               oaths
               ,
               should
               enter
               into
               the
               Conclave
               with
               the
               Cardinall
               of
            
             Arles
             
               to
               chuse
               the
               Pope
            
             .
             This
             being
             thus
             determined
             by
             these
             two
             Councels
             ,
             it
             is
             needlesse
             to
             urge
             the
             authority
             of
             Doctors
             and
             Devines
             ;
             as
             of
             
               Iames
               Almain
            
             in
             his
             lecture
             
               De
               potestate
               Ecclesiastica
            
             :
             Mr.
             
               Iohn
               Gerson
            
             Chancelour
             of
             the
             Vniversitie
             of
             Paris
             ,
             in
             his
             tract
             
               De
               potestate
               Ecclesiae
            
             ,
             and
             his
             other
             
               De
               substractione
               Papae
               erga
               Ecclesiam
            
             :
             and
             others
             which
             hold
             
               in
               terminis
            
             ,
             that
             during
             the
             celebration
             of
             a
             Councell
             it
             belongs
             to
             it
             ,
             and
             not
             to
             the
             Cardinals
             ,
             to
             proceed
             to
             the
             election
             of
             a
             new
             Pope
             ,
             in
             case
             the
             See
             become
             void
             .
             We
             shall
             onely
             say
             that
             this
             is
             so
             ,
             because
             it
             is
             the
             Councell
             which
             gave
             the
             Cardinals
             this
             power
             of
             chusing
             the
             Pope
             ;
             to
             wit
             that
             of
             Lyo●s
             and
             that
             other
             of
             Vienna
             :
             and
             therefore
             if
             there
             bee
             one
             assembled
             when
             the
             See
             fals
             void
             ,
             it
             belongs
             to
             it
             onely
             to
             proceed
             to
             the
             election
             ,
             or
             to
             depute
             such
             a●
             they
             shall
             thinke
             good
             to
             doe
             so
             .
             Now
             the
             Councell
             of
             Trent
             having
             divers
             times
             suffered
             them
             to
             usurp
             this
             right
             of
             election
             ,
             it
             must
             needs
             be
             confest
             that
             it
             had
             not
             the
             force
             and
             authoritie
             of
             an
             O●cumenicall
             Councell
             .
          
           
             35
             Pope
             Leo's
             Constitution
             made
             at
             the
             Councell
             of
             Lateran
             ,
             whereby
             he
             derogates
             from
             the
             Councell
             of
             Basil
             and
             the
             Pragmatique
             Sanction
             (
             as
             concerning
             the
             authoritie
             of
             a
             Councel
             above
             the
             Pope
             )
             is
             also
             notoriously
             known
             to
             every
             body
             :
             whereof
             we
             shall
             speake
             towards
             the
             end
             of
             this
             Treatise
             .
          
           
             36
             And
             for
             the
             faculties
             of
             the
             Popes
             Legats
             to
             dispense
             with
             Councels
             ,
             this
             is
             proved
             by
             those
             granted
             by
             Iulius
             the
             third
             to
             Cardinall
             
               Saint
               Marti●
               de
               Montibus
            
             ,
             in
             the
             yeare
             1551.
             and
             to
             Cardinall
             
               Saint
               George
               de
               Vitulo
               aureo
            
             ,
             the
             yeare
             1553.
             by
             Paul
             the
             third
             to
             Cardinall
             Caraffa
             ,
             the
             yeare
             1556.
             and
             to
             Cardinall
             Trivultio
             ,
             the
             yeare
             1558.
             by
             Pius
             the
             fourth
             to
             the
             Cardinall
             of
             Ferrara
             in
             the
             yeare
             1561
             ,
             all
             Legats
             in
             France
             .
             We
             find
             this
             clause
             in
             all
             these
             faculties
             ,
             
               To
               oppose
               the
               gainsayings
               of
               Generall
               Councels
               ,
               and
               to
               derogate
               from
               them
               .
            
          
        
         
           
           
             CHAP.
             II.
             That
             Popes
             are
             not
             above
             Councels
             .
          
           
             
             1
             TO
             make
             some
             of
             the
             injustice
             of
             this
             usurpation
             and
             ascribing
             too
             much
             to
             the
             Pope
             appeare
             more
             plainly
             ,
             wee
             will
             make
             it
             evident
             by
             authentique
             proofs
             that
             the
             Pope
             hath
             no
             power
             over
             a
             Councell
             .
             We
             shall
             content
             our selves
             with
             touching
             upon
             the
             most
             pregnant
             reasons
             ,
             yea
             and
             to
             omit
             such
             of
             them
             too
             as
             would
             draw
             us
             into
             over
             long
             discourses
             .
             Though
             wee
             had
             no
             authoriti●
             at
             all
             to
             prove
             that
             the
             Pope
             hath
             not
             any
             jurisdi●tion
             nor
             command
             over
             a
             Councell●
             reason
             alone
             were
             sufficient
             to
             lead
             us
             to
             this
             perswasion
             .
             Granting
             that
             to
             be
             true
             which
             is
             disputed
             by
             some
             ,
             that
             the
             Pope
             is
             the
             ministeriall
             Head
             of
             the
             Chu●c●
             ;
             it
             is
             an
             unusuall
             thing
             in
             all
             companies
             and
             congregations
             (
             supreme
             Monarchies
             onely
             excepted
             )
             that
             the
             Head
             should
             have
             more
             power
             than
             all
             the
             body
             .
             Hee
             may
             doe
             much
             when
             hee
             is
             joyned
             with
             it
             :
             but
             by
             himselfe
             if
             hee
             doe
             ought
             which
             doth
             not
             proceed
             well
             ,
             it
             belongs
             to
             his
             body
             to
             take
             order
             with
             it
             ,
             to
             take
             him
             under
             their
             cognizance
             ,
             to
             judge
             of
             his
             proceedings
             ,
             and
             of
             appeals
             from
             him
             ,
             and
             such
             like
             matters
             .
             Otherwise
             the
             inconveniences
             are
             too
             great
             when
             a
             ministeriall
             Head
             hath
             absolute
             authoritie
             .
             If
             he
             be
             unjust
             ,
             perfidious
             ,
             wicked
             ,
             corrupt
             ,
             abominable
             ,
             impious
             ,
             tyrannicall
             ,
             inhumane
             :
             wee
             must
             have
             patience
             and
             submit
             our selves
             to
             all
             ,
             there
             being
             no
             other
             remedie
             ,
             but
             prayers
             and
             teares
             ,
             to
             which
             alone
             these
             honest
             Doctors
             bid
             us
             have
             recourse
             .
          
           
             2
             For
             another
             reason
             ;
             what
             good
             will
             it
             doe
             us
             to
             have
             Councels
             hereafter
             ,
             to
             what
             end
             shall
             wee
             use
             them
             ,
             if
             they
             depend
             entirely
             upon
             the
             Popes
             authority
             ?
             if
             hee
             alone
             may
             alter
             all
             in
             an
             instant
             ,
             make
             new
             Canons
             and
             Decrees
             ,
             and
             no
             body
             can
             say
             to
             him
             ,
             Why
             dost
             thou
             so
             ?
          
           
             3
             Lastly
             ,
             what
             a
             misery
             ,
             or
             rather
             what
             an
             abuse
             is
             this
             ,
             that
             the
             name
             of
             the
             Church
             should
             bee
             confin'd
             to
             one
             man
             ?
             that
             so
             many
             goodly
             qualities
             and
             prerogatives
             as
             are
             ascribed
             to
             it
             ,
             should
             agree
             properly
             to
             the
             Pope●
             Yea
             that
             hee
             himselfe
             should
             be
             both
             the
             bridegroome
             and
             the
             bride
             ?
             And
             I
             desire
             all
             good
             Catholiques
             to
             take
             notice
             of
             this
             ,
             and
             to
             open
             their
             eyes
             that
             from
             henceforth
             they
             may
             discerne
             these
             illusions
             .
             They
             ascribe
             unto
             the
             Pope
             both
             the
             nature
             of
             the
             Head
             ,
             and
             the
             nature
             of
             the
             Body
             :
             they
             say
             hee
             is
             the
             Bridegroome
             ,
             and
             they
             will
             have
             him
             to
             bee
             the
             Bride
             too
             .
             Heare
             the
             testimony
             of
             Bellarmine
             concerning
             this
             :
             
             
               All
               the
               names
            
             (
             saith
             hee
             )
             
               which
               are
               given
               to
               Christ
               in
               holy
               Scripture
               ,
               whereby
               he
               is
               set
               above
               the
               Church
               ,
               the
               same
               are
               all
               ascribed
               to
               the
               Pope
               too
               .
               He
               is
               called
               the
               Head
               of
               the
               body
               of
               the
               Church
               :
               Hee
               is
               styled
               the
               husband
               or
               speuse
               .
            
             See
             here
             what
             he
             saith
             in
             one
             place●
             Heare
             also
             how
             hee
             speaks
             in
             another
             place
             ,
             treating
             of
             the
             same
             subject
             ,
             and
             expounding
             that
             passage
             ,
             out
             of
             the
             eighteenth
             of
             St.
             
               Matthew
               ,
               If
               thy
               brother
               have
               offended
               thee
               ,
               tell
               it
               unto
               the
               Church
            
             :
             being
             not
             able
             to
             disintangle
             himselfe
             from
             that
             which
             is
             objected
             ,
             that
             those
             words
             are
             directed
             to
             St.
             Peter
             ,
             and
             by
             consequent
             to
             the
             Pope
             .
             
             
               I
               adde
            
             (
             saith
             he
             )
             
               that
               the
               Pope
               may
               fulfill
               this
               command
               by
               a
               way
               of
               his
               owne
               :
               first
               hee
               must
               reprove
               him
               that
               hath
               offended
               ,
               in
               private
               ;
               then
               afterwards
               before
               witnesses
               :
               lastly
               ,
               the
               telling
               o●
               
               it
               to
               the
               Church
               ;
               that
               is
               ,
               the
               telling
               of
               it
               to
               himselfe
               as
               President
               .
            
             
             O
             terrible
             
               id
               est
            
             !
             which
             like
             a
             magick
             spell
             ,
             shewing
             us
             the
             Pope
             sometimes
             like
             a
             man
             ,
             sometimes
             like
             a
             woman
             ,
             makes
             him
             an
             Hermaphrodite
             .
             One
             of
             the
             prime
             expositours
             of
             the
             Canon
             Law
             expounded
             those
             words
             thus
             ,
             
               Tell
               it
               to
               the
               Church
               ,
               that
               is
               ,
               to
               a
               Councell
               .
            
             
             But
             that
             opinion
             is
             now
             cashier'd
             .
             Wee
             doe
             not
             live
             in
             those
             times
             wherin
             they
             spoke
             on
             that
             fashion
             :
             these
             are
             the
             nowadayes
             termes
             of
             heretiques
             ;
             and
             such
             as
             are
             more
             dangerous
             .
          
           
             4
             I
             know
             very
             well
             the
             word
             Church
             hath
             reference
             sometimes
             to
             the
             Pastors
             of
             it
             ;
             and
             that
             St.
             Chrysostome
             expounded
             the
             place
             thus
             ,
             
               Tell
               it
               to
               the
               Church
               ,
               that
               is
               ,
               to
               those
               that
               preside
               in
               the
               Church
               .
            
             And
             we
             are
             content
             to
             understand
             it
             so
             :
             but
             this
             were
             to
             call
             the
             Pope
             in
             question
             upon
             the
             same
             controversie
             which
             wee
             have
             now
             in
             hand
             :
             for
             St.
             Peter
             ,
             and
             by
             consequent
             the
             Pope
             ,
             being
             commanded
             to
             tell
             it
             to
             those
             which
             preside
             in
             the
             Church
             ,
             that
             is
             ,
             to
             his
             brethren
             and
             fellow-Bishops
             ;
             this
             is
             to
             make
             some
             haile-fellowes
             with
             him
             ,
             and
             to
             hold
             the
             authority
             of
             a
             whole
             Councel
             of
             more
             force
             than
             his
             alone
             ,
             which
             wee
             will
             not
             allow
             of
             .
             Here
             you
             see
             the
             reason
             why
             it
             was
             necessary
             to
             turne
             that
             word
             Plurall
             into
             a
             singular
             ,
             and
             to
             understand
             that
             passage
             in
             such
             a
             way
             as
             the
             Pope
             may
             propound
             a
             question
             to
             himselfe
             ,
             and
             presently
             make
             answer
             to
             himselfe
             ,
             and
             so
             play
             Martin
             the
             Priest
             ;
             both
             Priest
             and
             Clerke
             .
          
           
             5
             Hereafter
             wee
             must
             glosse
             that
             glosse
             upon
             the
             Decree
             ,
             where
             it
             saith
             ,
             
             
               If
               the
               Pope
               chance
               to
               offend
               ,
               his
               fault
               may
               be
               told
               unto
               the
               Church
               ,
               if
               so
               bee
               it
               be
               lawfull
               to
               accuse
               him
               .
            
             To
             the
             Church
             then
             ,
             that
             is
             ,
             to
             the
             Pope
             ;
             to
             himselfe
             and
             no
             other
             .
             Wee
             must
             also
             make
             Pope
             Gregory
             speake
             a
             most
             fearfull
             language●
             and
             say
             in
             spite
             of
             his
             t●eth
             what
             he
             never
             so
             much
             as
             thought
             on
             ,
             Pope
             though
             he
             were
             :
             for
             in
             an
             epistle
             of
             his
             writ
             against
             the
             Patriarch
             of
             Constantinople
             ,
             who
             styled
             himselfe
             Vniversall
             Bishop
             ,
             We
             (
             saith
             St.
             Gregory
             ,
             speaking
             of
             himselfe
             )
             
               to
               whose
               prejudice
               such
               and
               so
               great
               a
               fault
               ,
               by
               a
               bad
               attempt
               ,
            
             
             
               hath
               been
               committed
               ,
               doe
               observe
               that
               rule
               which
               Truth
               it selfe
               commanded
               ,
               saying
               ,
               If
               thy
               brother
               hath
               offended
               thee
               ,
               &c.
               
               I
               have
               therefore
               endeavoured
               ,
               by
               meanes
               of
               those
               whom
               I
               sent
               in
               my
               behalfe
               with
               gentle
               words
               once
               or
               twice
               ,
               to
               correct
               the
               fault
               which
               is
               committed
               in
               the
               whole
               Church
               :
               and
               now
               I
               write
               my self
               .
               I
               have
               left
               nothing
               undone
               which
               I
               ought
               to
               doe
               with
               humility
               :
               but
               if
               I
               bee
               sleighted
               in
               this
               my
               correction
               :
               it
               remaines
               that
               I
               must
               adde
               the
               Church
               .
            
             That
             is
             ,
             according
             to
             Bellarmines
             opinion
             .
             It
             remaines
             that
             I
             tell
             it
             to
             my selfe
             .
             An●
             Pope
             Nicholas
             the
             first
             will
             bee
             in
             the
             same
             taking
             ,
             who
             useth
             the
             same
             threatning
             to
             one
             of
             our
             Kings
             ,
             namely
             Lotharius
             ,
             
             in
             case
             hee
             would
             not
             forgoe
             his
             concubine
             Gualdrada
             .
          
           
             6
             But
             see
             here
             a
             greater
             mystery
             yet
             !
             for
             by
             this
             reckoning
             wee
             shall
             finde
             that
             the
             Pope
             is
             greater
             than
             St.
             Peter
             .
             Heare
             what
             the
             same
             St.
             Gregory
             saith●
             
             in
             the
             same
             epistle
             ;
             Peter
             (
             saith
             hee
             )
             
               the
               chiefe
               of
               the
               Apostles
               ,
               is
               a
               member
               of
               of
               the
               holy
               Catholique
               Church
               .
            
             Paul
             ,
             Andrew
             ,
             Iohn
             ,
             
               what
               are
               they
               else
               but
               heads
               of
               particular
               persons
               ?
               and
               yet
               all
               members
               of
               the
               Church
               under
               one
               head
               ?
               and
               to
               binde
               up
               all
               in
               the
               compasse
               of
               a
               brief
               manner
               of
               expression●
               the
               Saints
               were
               before
               the
               law
               ,
               they
               are
               under
               the
               law
               ,
               they
               are
               under
               grace
               too
               ,
               and
               yet
               all
               three
               making
               up
               the
               body
               of
               the
               Lord
               ,
               are
               made
               members
               of
               the
               Church
               .
            
             Now
             say
             we
             to
             make
             our
             argument
             good
             ,
             
               But
               the
               Pope
               is
               the
               Church
               ,
            
             therefore
             he
             is
             greater
             than
             St.
             Peter
             ,
             yea
             than
             God
             himselfe
             :
             For
             it
             is
             said
             in
             this
             passage
             ,
             that
             all
             these
             Saints
             which
             are
             members
             of
             the
             Church
             ,
             make
             up
             the
             body
             of
             the
             Lord.
             But
             the
             Pope
             is
             the
             head
             of
             the
             Church●
             nay
             he
             is
             the
             Church
             it self
             ,
             ergo
             he
             is
             greater
             than
             any
             of
             the
             Saints
             ;
             yea
             than
             Christ
             himselfe
             .
             Besides
             ,
             all
             the
             world
             is
             spoken
             of
             in
             that
             passage
             except
             the
             Pope
             ,
             and
             yet
             he
             was
             a
             Pope
             that
             spoke
             it
             .
             But
             there
             is
             nothing
             lost
             by
             this
             ,
             if
             this
             exposition
             bee
             admitted
             .
             Only
             I
             finde
             my selfe
             a
             litle
             troubled
             to
             make
             sense
             of
             those
             words
             ,
             spoken
             
             to
             St.
             Peter
             in
             the
             same
             place
             of
             St.
             Matthew
             ,
             
             
               If
               he
               will
               not
               obey
               the
               Church
               ,
               let
               him
               be
               unto
               thee
               as
               a
               heathen
               or
               publican
               .
            
             For
             it
             should
             seeme
             by
             these
             words
             that
             the
             Church
             and
             St.
             Peter
             are
             two
             things
             .
             But
             I
             am
             out
             :
             for
             is
             it
             all
             one
             as
             when
             we
             speak
             to
             a
             King
             ,
             to
             whom
             we
             sometimes
             say
             (
             You
             )
             and
             sometimes
             (
             
               Your
               Majesty
            
             .
             )
             Good
             God
             what
             absurdities
             be
             these
             !
             what
             impieties
             !
             what
             monsters
             in
             an
             age
             so
             enlightned
             ,
             so
             well
             weeded
             !
             You
             see
             here
             the
             testimony
             of
             one
             Pope
             ,
             behold
             yet
             another
             :
          
           
             
             7
             Pope
             Damasus
             making
             answere
             to
             the
             Iudges
             ,
             deputed
             by
             the
             Synod
             of
             Capua
             in
             the
             case
             of
             Bonosus
             ,
             who
             did
             him
             the
             honour
             to
             aske
             his
             advice
             ;
             
               I
               received
               your
               letters
            
             (
             saith
             he
             )
             
               whereby
               either
               in
               truth
               or
               in
               modesty
               you
               have
               beene
               pleased
               to
               ask
               our
               opinion
               .
               But
               it
               being
               adjudg'd
               by
               the
               Councell
               of
            
             Capua
             ,
             
               that
               Bishops
               next
               adjoyning
               should
               be
               assigned
               for
               Iudges
               to
            
             Bonosus
             
               and
               his
               accusers
               :
               we
               are
               of
               opinion
               that
               the
               forme
               of
               judgement
               cannot
               stand
               with
               us
               :
               for
               if
               the
               Synod
               were
               at
               this
               day
               unbroken
               up
               ,
               we
               should
               haply
               ordaine
               the
               very
               same
               which
               is
               contained
               in
               your
               commission
               .
               It
               is
               your
               part
               therefore
               ,
               who
               have
               undertaken
               the
               charge
               of
               the
               judgemen●
               ,
               to
               proceed
               unto
               it
               ,
               and
               pronounce
               your
               sentence
               upon
               all
               that
               concernes
               it●
               against
               which
               nothing
               must
               be
               attempted
               .
            
             And
             anon
             after
             ,
             
               Wherefore
               it
               is
               necessary
               in
               the
               first
               place
               ,
               that
               they
               passe
               judgement
               of
               it
               to
               whom
               the
               power
               of
               judgeing
               is
               committed
               .
               For
               us
               ,
               it
               were
               not
               sitting
               that
               we
               should
               judge
               ,
               as
               having
               no
               commission
               so
               to
               doe
               by
               authority
               from
               the
               Synod
               .
            
             To
             this
             it
             is
             said
             in
             the
             Popes
             defence
             ,
             that
             if
             he
             would
             have
             judged
             of
             this
             case
             ,
             he
             might
             have
             done
             so
             .
             That
             's
             true
             ,
             he
             being
             so
             fairely
             invited
             to
             it
             .
             But
             it
             must
             be
             granted
             too
             ,
             that
             if
             he
             had
             not
             beene
             intreated
             to
             it
             by
             those
             to
             whom
             that
             charge
             was
             committed
             by
             the
             Councel
             ,
             he
             could
             not
             have
             done
             it
             .
             Now
             it
             was
             wisely
             done
             of
             him
             not
             to
             meddle
             in
             it
             ,
             being
             he
             had
             no
             commission
             ,
             for
             in
             case
             either
             the
             defendant
             ,
             or
             the
             plaintives
             should
             have
             complained
             to
             the
             Councell
             of
             his
             judgement
             ,
             he
             could
             not
             have
             stood
             to
             it
             .
             Hee
             addes
             that
             hee
             would
             have
             beene
             willing
             to
             have
             passed
             his
             sentence
             of
             it
             ,
             if
             the
             Councell
             had
             beene
             then
             assembled
             .
             Which
             must
             bee
             understood
             in
             case
             hee
             had
             been
             required
             ,
             or
             appointed
             by
             the
             Synod
             so
             to
             doe
             .
             For
             otherwise
             what
             greater
             power
             could
             he
             have
             during
             the
             sitting
             of
             the
             Councell
             then
             afterwards
             .
             To
             say
             that
             hee
             would
             not
             meddle
             with
             it
             ,
             for
             feare
             lest
             he
             might
             seeme
             to
             wrong
             the
             Councell
             ,
             by
             reason
             of
             that
             deputation
             of
             Iudges
             by
             it
             already
             made
             :
             the
             wrong
             had
             beene
             farre
             greater
             if
             hee
             should
             have
             bearded
             the
             Councell
             ,
             and
             undertaken
             to
             doe
             it
             without
             being
             appoynted
             thereunto
             .
          
           
             8
             Pope
             Symmachus
             ,
             who
             lived
             at
             that
             time
             when
             Odoacer
             was
             King
             of
             Rome
             ,
             fearing
             least
             there
             might
             be
             some
             trouble
             about
             the
             Election
             of
             his
             successour
             ,
             entreated
             Basilius
             the
             Kings
             Lievetenant
             in
             that
             City
             ,
             that
             hee
             would
             assist
             at
             the
             election
             :
             which
             was
             the
             reason
             that
             hee
             made
             a
             Decree
             about
             it
             .
             But
             Symmachus
             ,
             perceiving
             the
             displeasure
             which
             the
             rest
             of
             the
             Clergy
             conceived
             against
             it
             ,
             caused
             a
             Councell
             to
             bee
             assembled
             ,
             to
             consult
             upon
             the
             matter
             :
             which
             declared
             that
             the
             writing
             containing
             that
             Decree●
             was
             of
             no
             force●
             adding
             further
             ,
             that
             although
             it
             were
             valid
             and
             might
             stand
             ,
             
               Yet
               it
               was
               the
               Popes
               duety
               to
               repeale
               and
               cancell
               it
               in
               a
               Synodicall
               assembly
               .
            
          
           
             9
             Here
             are
             two
             or
             three
             things
             remarkable
             in
             this
             matter
             .
             1
             One
             ,
             that
             it
             was
             a
             Provinciall
             Synod
             of
             the
             Bishops
             of
             Italy
             ,
             as
             appears
             by
             the
             subscriptions
             ,
             where
             the
             Pope
             hath
             the
             maine
             authority
             as
             being
             the
             head
             of
             it
             ,
             according
             to
             the
             sixt
             and
             seventh
             Canons
             of
             the
             Councell
             of
             Nice
             ,
             in
             the
             commentary
             upon
             which
             Balsamon
             saith
             ,
             it
             was
             decreed
             by
             the
             sixt
             and
             seventh
             Canons
             ,
             
             
               That
               the
               foure
               Patriarches
               should
               bee
               honoured
               according
               to
               the
               ancient
               custome
               :
               to
               wit
               ,
               he
               of
            
             Rome
             ,
             Alexandria
             ,
             Antioch
             ,
             and
             Ierusalem
             .
             For
             the
             ●atriarch
             of
             Constantinople
             was
             created
             by
             the
             following
             Councell
             .
             And
             speaking
             of
             the
             three
             last
             ,
             he
             assignes
             to
             every
             one
             of
             them
             their
             severall
             Churches
             and
             Provinces
             .
             
               In
               as
               much
            
             (
             saith
             he
             )
             
               as
               the
               Bishop
               of
            
             Rome
             ,
             
               hath
               also
               under
               
               him
               the
               Westerne
               Provinces
               .
            
             
             2
             Another
             ,
             that
             Symmachus
             caused
             that
             to
             bee
             abrogated
             by
             a
             Councell
             ,
             whereof
             himselfe
             was
             the
             authour
             ,
             as
             appeares
             by
             his
             owne
             relation
             extant
             in
             the
             Acts
             of
             the
             Councell
             .
             3
             Thirdly
             ,
             that
             the
             Councell
             saith
             it
             belonged
             to
             him
             to
             cancell
             that
             Decree
             ,
             not
             of
             himselfe
             alone
             ,
             but
             together
             with
             the
             body
             of
             a
             Councell
             .
             See
             now
             what
             wee
             inferre
             from
             hence
             :
             If
             the
             Pope
             had
             recourse
             to
             a
             Provinciall
             Councel
             for
             the
             abrogating
             of
             a
             Decree
             whereof
             himselfe
             was
             the
             authour
             :
             if
             the
             Councell
             did
             abrogate
             it
             :
             if
             it
             said
             that
             the
             Pope
             could
             not
             repeal
             it
             himselfe
             ,
             but
             together
             with
             the
             assembly
             of
             a
             Councell
             :
             then
             it
             follows
             that
             the
             Pope
             hath
             no
             authority
             of
             himselfe
             ,
             at
             least
             not
             so
             much
             as
             hee
             pretendeth
             to
             :
             and
             lesse
             yet
             over
             a
             provinciall
             Councell
             ,
             seeing
             in
             matters
             of
             consequence
             he
             can
             doe
             nothing
             without
             it
             ;
             and
             least
             of
             all
             over
             an
             Vniversall
             and
             Oecumenicall
             Councell
             .
             Nor
             ought
             we
             to
             be
             moved
             at
             that
             which
             wee
             read
             in
             the
             same
             Acts
             :
             
               That
               the
               Pope
               was
               wont
               to
               make
               Synodicall
               Decrees
               valid
            
             :
             Seeing
             it
             will
             not
             follow
             from
             thence
             ,
             that
             therefore
             he
             is
             above
             a
             Councell
             :
             but
             only
             that
             Councels
             (
             that
             is
             ,
             Generall
             ones
             )
             cannot
             bee
             holden
             unlesse
             hee
             bee
             called
             to
             them
             :
             which
             is
             not
             peculiar
             to
             the
             Pope
             ,
             but
             common
             to
             him
             with
             the
             rest
             of
             the
             Patriarches
             ,
             as
             wee
             shew
             in
             another
             place
             .
          
           
             10
             And
             as
             for
             particular
             Councels
             ,
             the
             Pope
             hath
             nothing
             to
             doe
             with
             those
             which
             fall
             not
             to
             his
             share
             ,
             but
             are
             held
             within
             the
             Provinces
             of
             other
             Patriarches
             and
             Metropolitans
             ,
             unlesse
             it
             bee
             to
             looke
             upon
             them
             .
             And
             to
             this
             purpose
             that
             passage
             of
             Balsamon
             is
             remarkable
             ;
             
             
               The
               meaning
               of
               the
               Canons
               is
            
             (
             saith
             he
             )
             
               that
               the
               Patriarches
               should
               bee
               above
               their
               Metropolitans
               ,
               and
               the
               Metropolitans
               above
               their
               Bishops
               .
            
             Hee
             saith
             not
             that
             the
             Patriarches
             and
             Metropolitans
             may
             doe
             all
             without
             the
             Bishops
             ,
             as
             our
             Councell
             would
             have
             it
             .
          
           
             11
             Pope
             Hilary
             gives
             us
             plainely
             to
             understand
             that
             what
             is
             ordained
             by
             a
             Synod
             ,
             though
             it
             be
             but
             a
             Provinciall
             one
             ,
             is
             of
             more
             force
             by
             a
             great
             deal
             than
             what
             is
             done
             by
             authority
             of
             a
             Pope
             alone
             .
             
             For
             being
             desirous
             to
             reforme
             certaine
             abuses
             which
             were
             current
             in
             his
             time
             ,
             he
             proposed
             the
             matter
             to
             the
             Synod
             which
             he
             had
             assembled
             in
             the
             City
             of
             Rome
             :
             and
             saith
             afterwards
             ,
             
               And
               to
               the
               intent
               this
               may
               be
               the
               better
               looked
               to
               for
               the
               future
               ,
               if
               you
               please
               ,
               give
               us
               your
               advice
               ,
               and
               set
               your
               hands
               to
               it
               ,
               that
               so
               the
               gate
               to
               things
               unlawfull
               may
               bee
               shut
               up
               by
               the
               judgement
               of
               a
               Synod
               .
            
             
             To
             which
             it
             was
             answer'd
             by
             the
             Synod
             ,
             
               Wee
               confirme
               it
               and
               declare
               it
               so
               to
               bee
               .
            
             And
             from
             this
             very
             clause
             it
             followes
             ,
             that
             if
             the
             confirmation
             give
             any
             authority
             to
             the
             party
             confirming
             above
             that
             which
             is
             confirmed
             ,
             as
             Bellarmine
             pretends
             ,
             a
             meere
             Provinciall
             Councel
             shall
             bee
             above
             the
             Pope
             .
          
           
             12
             Pope
             Iohn
             the
             eight
             having
             excommunicated
             Count
             Lambert
             and
             Count
             Adalb●rt
             ,
             and
             some
             others
             which
             had
             evill
             entreated
             him
             in
             Italy
             ,
             
             he
             came
             into
             France
             the
             yeare
             870
             ,
             where
             he
             called
             a
             Synod
             at
             Troyes
             ,
             consisting
             of
             the
             Bishops
             of
             that
             Kingdome
             and
             the
             Low
             Countries
             ,
             to
             desire
             their
             consent
             to
             that
             excommunication
             ,
             which
             they
             accordingly
             granted
             him
             .
             This
             he
             would
             never
             have
             done
             if
             his
             authoritie
             had
             beene
             greater
             than
             the
             authoritie
             of
             Councels
             .
          
           
             13
             The
             Pope
             otherwhiles
             at
             his
             creation
             was
             wont
             to
             take
             an
             oath
             to
             observe
             Generall
             Councels
             .
             
             Pope
             Gelasius
             saith
             there
             is
             never
             an
             Episcopall
             See
             which
             is
             more
             bound
             to
             keepe
             the
             Canons
             of
             Generall
             Councels
             than
             that
             of
             Rome
             .
             Howbeit
             at
             the
             end
             of
             his
             Epistle
             hee
             fals
             into
             the
             Popes
             disease
             .
             The
             Dardan
             Bishops
             complaine
             of
             him
             for
             condemning
             Achatius
             by
             his
             owne
             authoritie
             ,
             without
             calling
             a
             Councell
             .
          
           
             14
             Gregory
             the
             Great
             saith
             ,
             that
             hee
             reverenceth
             the
             foure
             first
             Generall
             Councels
             as
             the
             foure
             Gospels
             :
             and
             that
             he
             holdeth
             the
             fift
             also
             in
             great
             esteem
             ;
             
             and
             presently
             addes
             ,
             
               Whosoever
               presumes
               to
               loose
               those
               whom
               these
               Councels
               
               binde
               ,
               or
               binde
               those
               whom
               they
               loose
               ,
               hee
               destroyes
               himselfe
               and
               not
               the
               Councels
               .
            
             
          
           
             15
             The
             saying
             of
             St.
             Ierom
             ,
             which
             hath
             been
             inserted
             in
             Gratians
             Decree
             ,
             and
             therefore
             must
             be
             received
             at
             this
             day
             as
             one
             of
             the
             Popes
             sentences
             ,
             is
             of
             no
             meane
             consequence
             :
             who
             being
             of
             opinion
             that
             Deacons
             are
             inferiour
             to
             Priests
             ,
             which
             hee
             proveth
             by
             many
             reasons
             ,
             to
             that
             objection
             made
             against
             him
             ,
             that
             it
             is
             otherwise
             observed
             at
             Rome
             ,
             he
             answers
             .
             
             
               If
               wee
               must
               come
               to
               authorities
               ,
               the
               world
               is
               wider
               than
               one
               Citie
               ;
               let
               the
               Bishop
               bee
               in
               what
               part
               of
               it
               soever
               ,
               be
               he
               at
            
             Rome
             ,
             
               be
               he
               at
            
             Eugubium
             ,
             
               be
               he
               at
            
             Constantinople
             ,
             
               be
               he
               at
            
             Rhegium
             ,
             
               be
               he
               at
            
             Thebes
             ,
             
               he
               is
               still
               of
               the
               same
               merit
               and
               like
               priesthood
               .
               The
               power
               or
               riches
               and
               the
               humility
               or
               poverty
               doth
               not
               make
               a
               Bishop
               greater
               or
               lesser
               .
               Lastly
               ,
               they
               are
               all
               the
               Apostles
               successors
               .
               But
               you
               will
               say
               unto
               me
               ,
               How
               comes
               it
               to
               passe
               then
               that
               at
            
             Rome
             
               a
               Priest
               is
               received
               into
               Orders
               by
               the
               testimony
               of
               a
               Deacon
               ?
               Why
               doe
               you
               object
               the
               custome
               of
               one
               Citie
               against
               me
               ?
            
             See
             here
             is
             enough
             to
             prove
             that
             the
             Pope
             is
             inferiour
             to
             a
             Councell
             ,
             seeing
             that
             which
             is
             practised
             in
             his
             Church
             cannot
             bee
             a
             law
             to
             others
             :
             seeing
             the
             meanest
             among
             the
             other
             Bishops
             hath
             as
             much
             authoritie
             as
             he
             .
             For
             if
             he
             be
             above
             a
             Councel
             ,
             then
             all
             the
             rest
             are
             so
             :
             and
             if
             he
             deny
             it
             them
             ,
             hee
             makes
             a
             law
             against
             himselfe
             too
             .
             What
             were
             the
             Popes
             a
             thinking
             of
             when
             they
             undertook
             to
             pronounce
             out
             of
             their
             owne
             mouth
             that
             which
             Saint
             Ierom
             spoke
             to
             their
             discredit
             ?
             The
             Glossatour
             (
             it
             seemes
             )
             tooke
             this
             for
             currant
             money
             ,
             when
             he
             collected
             from
             thence
             ,
             
               That
               the
               Decrees
               of
               a
               Councell
               prejudice
               the
               Decrees
               of
               a
               Pope
               ,
               when
               they
               are
               repugnant
               .
            
          
           
             16
             All
             that
             is
             brought
             to
             stop
             this
             gutter
             is
             but
             lanternes
             and
             cresset-lights
             .
             As
             namely
             ,
             that
             the
             Pope
             is
             Lord
             of
             the
             world
             :
             that
             the
             question
             is
             there
             about
             a
             custome
             not
             ordained
             by
             the
             Pope
             :
             that
             a
             Councell
             is
             not
             all
             the
             world
             .
             To
             puffe
             away
             all
             this
             dust
             there
             needes
             no
             more
             but
             to
             compare
             what
             they
             say
             with
             the
             words
             of
             the
             produced
             passage
             .
             He
             is
             Lord
             of
             the
             world
             (
             say
             they
             :
             )
             And
             yet
             for
             all
             that
             Saint
             Ierom
             gives
             no
             more
             a●thoritie
             to
             him
             than
             to
             the
             sorriest
             Bishop
             :
             Yes
             ,
             he
             is
             so
             ;
             but
             it
             is
             in
             spirit
             ,
             just
             as
             the
             Patriarchs
             of
             Constantinople
             and
             Alexandria
             ,
             and
             other
             such
             like
             which
             are
             nowadayes
             created
             by
             him
             .
             He
             speakes
             (
             say
             they
             )
             of
             a
             custome
             not
             authorized
             by
             the
             Pope
             :
             then
             Saint
             Ierom
             is
             beside
             the
             cushion
             ,
             when
             hee
             quarrels
             with
             the
             Pope
             himselfe
             about
             it
             .
             But
             a
             Councell
             is
             not
             all
             the
             world
             :
             Surely
             no
             ,
             not
             with
             the
             Pope
             to
             boot
             ,
             seeing
             he
             is
             but
             of
             the
             same
             size
             with
             another
             Bishop
             .
          
           
             
             17
             I
             will
             helpe
             them
             to
             a
             better
             cudgell
             ,
             to
             beat
             Saint
             Ierom
             with
             Saint
             Ierom
             .
             For
             (
             as
             it
             seemes
             )
             not
             remembring
             himselfe
             what
             he
             now
             saith
             to
             Pope
             Evagrius
             ,
             speaking
             to
             Pope
             Damasus
             hee
             saith
             ,
             
               This
               is
               the
               faith
               ,
               most
               blessed
               Pope
               ,
               which
               we
               have
               learned
               in
               the
               Catholique
               Church
               ,
               and
               which
               wee
               have
               alwayes
               maintained
               .
               But
               if
               perchance
               there
               be
               ought
               amisse
               in
               it
               ,
               we
               desire
               it
               may
               be
               corrected
               by
               you
               ,
               who
               hold
               the
               See
               and
               faith
               of
               Saint
            
             Peter
             .
             
               But
               if
               this
               my
               confession
               shall
               be
               approved
               by
               the
               judgement
               of
               your
               Apostleship
               ,
               whosoever
               shall
               reprove
               me
               ,
               will
               but
               shew
               himselfe
               an
               ignorant
               or
               malicious
               person
               ,
               or
               somewhat
               besides
               a
               Catholique
               ,
               to
               wit
               a
               heretique
               .
            
             
             I
             will
             not
             here
             set
             downe
             what
             was
             patched
             to
             it
             afterwards
             ,
             seeing
             Gregory
             the
             thirteenth
             in
             his
             new
             edition
             hath
             confessed
             that
             it
             was
             a
             Pope
             that
             spoke
             it
             ,
             and
             not
             Saint
             Ierom.
             Besides
             that
             the
             passage
             there
             added
             ,
             taken
             all
             together
             ,
             plainly
             shewes
             that
             what
             is
             there
             spoken
             of
             this
             point
             is
             no
             more
             but
             a
             bare
             wish
             .
          
           
             18
             See
             here
             now
             a
             many
             blowes
             laid
             on
             all
             at
             once
             !
             St.
             Ierom
             acknowledges
             the
             Pope
             for
             his
             superiour
             ,
             in
             exhibiting
             his
             Creed
             unto
             him
             :
             hee
             hath
             recourse
             unto
             him
             as
             to
             an
             Oracle
             :
             submits
             himselfe
             to
             his
             judgement
             ,
             which
             hee
             extols
             above
             all
             .
             So
             then
             it
             must
             bee
             one
             of
             these
             two
             ,
             either
             he
             is
             a
             flatterer
             ,
             or
             he
             is
             a
             lyer
             ,
             seeing
             in
             another
             place
             hee
             hath
             ranked
             the
             Pope
             so
             low
             :
             But
             it
             may
             bee
             well
             maintain'd
             that
             hee
             is
             neither
             so
             nor
             so
             .
             The
             Bishops
             and
             
             others
             of
             the
             Clergy
             had
             a
             laudable
             custome
             in
             ancient
             time
             ,
             
             one
             of
             them
             to
             communicate
             with
             another
             by
             letters
             or
             otherwise
             ;
             and
             mutually
             to
             declare
             the
             faith
             they
             were
             of
             ,
             and
             the
             doctrine
             they
             fellowe●
             .
             We
             could
             produce
             divers
             instances
             ,
             hereof
             ;
             but
             we
             shall
             content
             our selves
             with
             one
             ,
             which
             gives
             full
             satisfaction
             to
             all
             that
             can
             be
             collected
             from
             the
             former
             passages
             :
             It
             is
             Pope
             Liberius's
             epistle
             written
             to
             Athanasius
             ,
             containing
             a
             rehearsall
             of
             his
             faith
             ,
             with
             a
             request
             that
             hee
             would
             approve
             it
             ,
             that
             so
             he
             might
             bee
             more
             assured
             of
             it
             ;
             
             Wherefore
             (
             saith
             he
             )
             
               I
               beseech
               you
               brother
            
             Athanasius
             
               to
               subscribe
               to
               this
               confession
               ,
               that
               I
               may
               be
               more
               assur●d
               of
               it
               ,
               and
               may
               fulfill
               your
               commands
               without
               delay
               .
            
             Hee
             that
             shall
             take
             this
             passage
             in
             the
             strictest
             sense
             will
             make
             brave
             stuffe
             of
             it
             .
             That
             a
             Pope
             ,
             who
             is
             the
             universall
             head
             of
             all
             the
             Church
             ,
             and
             for
             whom
             it
             is
             not
             possible
             to
             erre
             ,
             (
             as
             Bellarmine
             saith
             )
             would
             bee
             further
             assured
             in
             his
             faith
             by
             the
             approbation
             of
             a
             Bishop
             :
             that
             hee
             submits
             himself
             to
             do
             his
             commands
             .
             This
             is
             too
             much
             .
             Say
             we
             then
             that
             they
             are
             words
             of
             complement
             aswell
             in
             the
             one
             as
             the
             other
             .
             Those
             which
             St.
             Ierom
             useth
             ,
             are
             more
             respective
             indeed●
             but
             wee
             must
             consider
             withall
             ,
             that
             it
             was
             a
             meere
             Priest
             which
             spoke
             to
             the
             Pope
             .
             Besides
             ,
             it
             was
             the
             part
             of
             a
             good
             Oratour
             to
             extoll
             the
             Pope
             and
             his
             authority
             ,
             that
             so
             hee
             might
             gaine
             his
             consent
             ,
             and
             bring
             him
             to
             approve
             of
             that
             his
             confession
             .
          
           
             19
             Nor
             will
             I
             ever
             deny
             but
             that
             the
             See
             of
             Rome
             had
             alwayes
             a
             great
             deal
             of
             lustre
             ;
             and
             much
             honour
             was
             alwayes
             given
             unto
             it
             :
             but
             never
             so
             much
             as
             to
             make
             it
             a
             soveraigne
             Iudge
             ,
             and
             state
             it
             above
             a
             Councel
             .
             We
             might
             further
             confirme
             this
             by
             divers
             other
             testimonies
             of
             Popes
             .
             They
             themselves
             have
             granted
             that
             they
             may
             be
             judged
             when
             there
             is
             a
             schisme
             amongst
             them
             ,
             
             and
             the
             election
             is
             not
             rightly
             performed
             ;
             as
             also
             when
             they
             erre
             from
             the
             faith
             .
             This
             is
             enough
             to
             prove
             that
             they
             are
             inferiour
             to
             a
             Councell
             .
             The
             glossatour
             goes
             yet
             further
             ,
             when
             he
             saith
             ,
             
               That
               a
               Simoniacall
               Pope
               ,
               or
               an
               adulterer
               ,
               or
               he
               that
               scandalizeth
               the
               Church
               by
               any
               other
               notorious
               crime
               ,
               and
               is
               grown
               incorrigible
               ,
               may
               be
               accused
               .
            
             Now
             in
             all
             these
             cases
             they
             must
             be
             judged
             by
             a
             Councel
             ,
             as
             the
             same
             Glossatour
             expounds
             it
             ;
             whence
             it
             follows
             that
             they
             are
             inferiour
             to
             it
             .
          
        
         
           
           
             CHAP.
             III.
             Popes
             judged
             by
             Councels
             .
          
           
             
             1
             THe
             Councel
             of
             Sinnesse
             in
             Italy
             condemn'd
             Pope
             Marcelline
             because
             hee
             had
             sacrificed
             to
             Idols
             .
             Marcelline
             
               fell
               upon
               the
               ground
               before
               the
               Synod
               ,
               and
               lying
               prostrate
               all
               along
               in
               that
               manner
               ,
               hee
               was
               condemn'd
               by
               the
               Synod
               .
            
             These
             Acts
             are
             more
             to
             bee
             credited
             than
             Pope
             Nicholas
             ,
             
             who
             saith
             that
             never
             a
             Bishop
             durst
             pronounce
             the
             sentence
             of
             condemnation
             against
             him
             ;
             or
             Bellarmine
             ,
             who
             saith
             that
             Marcelline
             first
             condemn'd
             himselfe
             .
          
           
             2
             These
             answers
             cannot
             serve
             in
             Pope
             Honorius
             his
             ca●e
             ,
             who
             was
             condemned
             of
             heresie
             by
             the
             sixt
             Generall
             Councell
             holden
             at
             Constantinople
             .
             
             
               Together
               with
               these
            
             (
             say
             the
             Acts
             )
             
               we
               have
               cast
            
             Honorius
             ,
             
               who
               was
               Pope
               of
               old
            
             Rome
             ,
             
               out
               of
               the
               holy
               Catholique
               Church
               of
               God
               ,
               and
               have
               anathematized
               him
               :
               because
               we
               finde
               by
               his
               writings
               directed
               to
            
             Sergius
             ,
             
               that
               hee
               hath
               followed
               his
               opinion
               in
               all
               things
               .
            
             Here
             they
             apply
             another
             plaister
             :
             this
             is
             ,
             say
             they
             ,
             for
             the
             crime
             of
             heresie
             :
             
             and
             it
             is
             the
             Glossatours
             pleasure
             to
             comprehend
             symonie
             ,
             adultery
             ,
             and
             other
             crimes
             whereby
             a
             man
             may
             fall
             into
             contempt
             ,
             under
             this
             of
             symonie
             .
             This
             will
             prove
             anon
             all
             one
             with
             the
             times
             of
             some
             Emperours
             ,
             under
             whom
             there
             was
             but
             one
             crime
             ,
             namely
             that
             of
             treason
             ,
             but
             that
             included
             all
             others
             .
             For
             to
             pisse
             in
             his
             hose
             (
             as
             they
             say
             )
             or
             at
             least
             against
             a
             wall
             was
             treason
             .
          
           
             
             3
             The
             Emperour
             Otho
             called
             a
             Councell
             of
             the
             Italian
             Bishops
             ,
             
               By
               whose
               judgement
            
             (
             saith
             Platina
             )
             
               the
               life
               of
               this
               so
               lewd
               a
               person
            
             (
             hee
             speakes
             of
             Pope
             Iohn
             the
             thirteenth
             )
             
               was
               to
               be
               judged
               :
               but
               hee
               being
               afraid
               of
               the
               judgement
               of
               honest
               men
               ,
               fled
               away
               .
            
             This
             Pope
             durst
             not
             rely
             too
             much
             upon
             his
             letters
             of
             Tonsure
             ,
             I
             meane
             upon
             the
             Popes
             priviledge
             ,
             which
             is
             that
             he
             cannot
             bee
             condemned
             by
             any
             but
             God
             himselfe
             .
             He
             chose
             rather
             to
             dye
             miserably
             ,
             being
             stricken
             by
             the
             Devill
             (
             as
             Platina
             saith
             )
             than
             submit
             himselfe
             to
             that
             judgement
             .
             We
             must
             here
             observe
             that
             Platina
             relates
             but
             halfe
             the
             story
             ,
             as
             in
             many
             other
             things
             ,
             for
             feare
             of
             prejudicing
             the
             Popes
             prerogatives
             :
             but
             Luitprand
             a
             Clergyman
             ,
             one
             imployed
             in
             affaires
             ,
             and
             who
             lived
             at
             the
             same
             time
             ,
             tels
             us
             all
             the
             businesse
             from
             one
             end
             to
             the
             other
             :
             Namely
             that
             hee
             was
             informed
             of
             to
             the
             Emperour
             
               by
               the
               Bishops
            
             ,
             
             
               the
               Clergy
               ,
               and
               Citizens
               of
            
             Rome
             
               for
               divers
               crimes
               :
               that
               the
               Emperour
               called
               a
               Councell
               consisting
               of
               the
               Cardinals
               ,
               Patriarchs
               ,
               and
               Bishops
               of
            
             Italy
             ,
             Germany
             ,
             France
             ,
             
               and
               the
               prime
               Citizens
               of
            
             Rome
             ,
             
               in
               St.
            
             Peters
             
               Church
               in
            
             Rome
             :
             
               that
               the
               Pope
               was
               commanded
               to
               appeare
               by
               the
               Emperours
               letters
               :
               that
               he
               disdaining
               to
               make
               appearance
               ,
               the
               Bishops
               of
               the
               Councell
               ,
               after
               they
               had
               understood
               the
               heads
               of
               the
               accusation
               ,
               and
               the
               crimes
               wherewith
               he
               was
               charged
               ,
               were
               all
               of
               one
               opinion
               ,
               that
            
             Iohn
             
               ought
               to
               be
               degraded
               and
               deposed
               from
               the
               Papall
               dignity
               ;
               desiring
               the
               Emper●ur
               to
               depose
               him
               and
               put
               another
               in
               his
               place
               .
               Which
               was
               done
               accordingly
               .
            
             
             Another
             Historian
             saith
             almost
             as
             much
             of
             him
             :
             at
             least
             he
             speakes
             of
             his
             condemnation
             by
             the
             Councell
             .
             
               The
               King
               having
               assembled
               a
               Councell
            
             (
             he
             speakes
             of
             the
             Emperour
             Otho
             )
             
               caused
               Pope
            
             Iohn
             (
             whose
             name
             was
             Octavian
             )
             
               to
               be
               deposed
               though
               he
               were
               absent
               ,
               being
               accused
               of
               divers
               crimes
               ,
               (
               for
               he
               had
               declined
               the
               judgement
               by
               flight
               )
               and
               
               caused
            
             Leo
             
               to
               be
               put
               in
               his
               place
               .
            
             
             Wee
             must
             here
             observe
             that
             this
             Pope
             Iohn
             was
             not
             accused
             of
             heresie
             ,
             but
             of
             fornication
             ,
             and
             symony
             ,
             and
             leading
             a
             scandalous
             life
             ;
             as
             appeares
             by
             the
             rehearsall
             of
             the
             crimes
             objected
             against
             him
             ,
             set
             downe
             by
             Luitprand
             .
          
           
             4
             Which
             we
             will
             further
             confirme
             by
             the
             testimonie
             of
             
               Theoderic
               à
               Nihem
            
             ,
             
             who
             hath
             some
             remarkable
             passages
             to
             this
             purpose
             .
             
               Now
               that
               the
               Emperour
            
             (
             saith
             he
             )
             
               hath
               power
               over
               the
               Pope
               ,
               especially
               if
               hee
               be
               wicked
               and
               incorrigible
               ,
               and
               such
               a
               one
               as
               scandalizeth
               the
               Church
               ,
               doth
               sufficiently
               appeare
               from
               the
               acts
               and
               exploits
               of
               the
               Emperours
               or
               Kings
               of
               the
            
             Romanes
             .
             
               For
               Pope
            
             Iohn
             
               the
               twelfth
            
             (
             others
             call
             him
             the
             thirteenth
             )
             
               was
               sans
               controversie
               or
               dispute
               ,
               the
               alone
               Pope
               ,
               who
               before
               his
               Papacy
               was
               called
            
             Octavian
             ,
             
               descended
               of
               a
               noble
               and
               potent
               family
               ;
               who
               after
               he
               was
               admitted
               into
               the
               Popedome
               ,
               gave
               himselfe
               sometimes
               to
               the
               hunting
               of
               wilde
               beasts
               :
               and
               leading
               a
               loose
               and
               volu●●uous
               life
               ,
               addicted
               himselfe
               to
               suspected
               women
               ;
               evill
               entreating
               some
               of
               his
               Cardinals
               ,
               and
               maiming
               them
               in
               their
               limbes
               because
               they
               had
               reproved
               him
               for
               it
            
             Afterwards
             he
             relates
             how
             the
             Emperour
             Otho
             went
             to
             Rome
             :
             how
             hee
             reproved
             him
             for
             his
             vices
             :
             how
             the
             Pope
             standing
             in
             awe
             of
             him
             promised
             to
             behave
             himselfe
             well
             :
             how
             he
             did
             the
             cleane
             contrary
             :
             how
             ,
             when
             he
             understood
             the
             Emperour
             was
             comming
             againe
             ,
             he
             fled
             away
             into
             the
             Countrey
             of
             Campania
             .
             Lastly
             ,
             he
             addes
             ,
             
               That
               the
               Emperour
               ,
               not
               spending
               the
               time
               ,
               called
               a
               Councell
               of
               the
            
             Romane
             
               Clergy
               in
               the
               City
               of
            
             Rome
             
               against
               that
               Pope
               .
               Where
               the
               said
               Pope
               being
               deposed
               by
               the
               unanimous
               suffrages
               of
               them
               all
               ,
               another
               called
            
             Leo
             
               the
               ●ight
               of
               that
               name
               ,
               a
               man
               of
               great
               renowne
               ,
               of
               a
               laudable
               life
               and
               holy
               conversation
               ,
               was
               surrogated
               in
               his
               roome
               .
            
          
           
             5
             The
             same
             Emperour
             (
             saith
             the
             same
             author
             )
             
             
               seeing
               a
               schisme
               risen
               in
               the
               Church
               ,
               returned
               back
               into
               the
               City
               ,
               and
               having
               understood
               the
               difference
               between
               the
               two
               competitours
               ,
               quickly
               called
               the
               Clergy
               together
               in
               Councell
               ,
               and
               so
               caused
               the
               one
               of
               them
               to
               be
               declared
               Pope
               ,
               and
               sent
               the
               other
               ,
               to
               wit
            
             Benedict
             
               the
               second
               ,
               into
               exile
               into
            
             Saxony
             .
             He
             addes
             afterwards
             in
             commendation
             of
             the
             same
             Emperour
             :
             
             
               Who
               would
               then
               have
               disputed
               with
               this
               great
            
             Otho
             
               about
               his
               judgement
               of
               the
               competitours
               for
               the
               Popedome
               ,
               and
               of
               one
               vicious
               and
               perverse
               Pope
               by
               himselfe
               ?
               Who
               durst
               have
               told
               him
               that
               they
               could
               not
               bee
               judged
               but
               by
               God
               alone
               ?
               I
               wish
               with
               all
               my
               heart
               there
               would
               come
               such
               an
               Emperour
               in
               our
               dayes
               ,
               that
               would
               cancell
               the
               many
               writings
               in
               this
               labyrinth
               ,
               which
               have
               encreased
               so
               fast
               by
               reason
               of
               the
               multitude
               of
               writers
               ,
               that
               a
               hundred
               Camels
               would
               scarce
               serve
               to
               beare
               them
               .
            
          
           
             6
             
               Yet
               the
               Emperour
            
             Henry
             (
             saith
             Platina
             )
             
               having
               called
               a
               Councell
            
             ,
             
             
               compelled
               three
               Popes
               to
               renounce
               the
               Popedome
               ;
               namely
            
             Bennet
             
               the
               ninth
            
             ,
             Sylvester
             
               the
               third
               ,
               and
            
             Gregory
             
               the
               sixt
            
             .
             Popes
             were
             otherwhiles
             deposed
             by
             the
             Councels
             of
             
               Pisa
               ,
               Constance
            
             and
             Basil.
             I
             know
             very
             well
             there
             are
             salves
             invented
             for
             all
             these
             sores
             ;
             that
             the
             crimes
             of
             heresie
             and
             schisme
             are
             excepted
             out
             of
             the
             rule
             .
             But
             still
             it
             stands
             good
             that
             the
             Councell
             is
             above
             the
             Pope
             ,
             inasmuch
             as
             it
             is
             his
             judge
             in
             certaine
             cases
             .
             Besides
             ,
             among
             these
             examples
             there
             were
             some
             that
             were
             condemned
             for
             other
             crimes
             .
          
           
             7
             They
             say
             further
             ,
             that
             when
             a
             Pope
             becomes
             an
             heretique
             ,
             he
             is
             longer
             Pope
             .
             As
             if
             any
             man
             lost
             his
             honour
             before
             hee
             were
             condemned
             .
             And
             for
             schisme
             ,
             they
             hold
             that
             they
             that
             are
             unlawfully
             preferred
             are
             not
             accounted
             Popes
             .
             Yet
             still
             they
             are
             condemned
             and
             judged
             by
             the
             Councels
             as
             such
             .
             And
             besides
             ,
             some
             have
             beene
             deposed
             that
             were
             lawfully
             elected
             .
             They
             hold
             that
             the
             Pope
             is
             reserved
             to
             the
             judgement
             of
             God
             alone
             .
             It
             was
             the
             courtesie
             of
             Constantine
             the
             Great
             which
             first
             brought
             in
             this
             maxim
             ;
             which
             the
             Popes
             have
             appropriated
             to
             themselves
             ,
             and
             have
             excluded
             their
             fellow-Bishops
             from
             it
             ,
             howbeit
             he
             spoke
             of
             all
             .
             And
             see
             here
             how
             well
             they
             knew
             to
             make
             their
             advantage
             of
             things
             !
             But
             the
             worst
             is
             ,
             that
             though
             they
             have
             beene
             alwayes
             
             harping
             upon
             their
             priviledge
             and
             exemption
             ,
             
             yet
             they
             have
             not
             alwaies
             beene
             beleeved
             :
             but
             divers
             of
             them
             have
             beene
             accused
             ,
             judged
             and
             condemned
             ;
             as
             appears
             by
             the
             former
             instances
             .
             So
             that
             in
             truth
             ,
             setting
             aside
             the
             testimonies
             of
             the
             Popes
             ,
             which
             depose
             as
             witnesses
             in
             their
             owne
             cause
             ,
             we
             find
             no
             good
             ground
             to
             build
             this
             pretended
             priviledge
             upon
             ,
             unlesse
             it
             be
             in
             certain
             particular
             Synods
             ,
             composed
             of
             Italian
             Bishops
             which
             depended
             upon
             the
             Popes
             :
             as
             the
             fourth
             of
             Rome
             holden
             in
             the
             time
             of
             King
             Theoderic
             for
             the
             condemnation
             of
             Pope
             Symmachu●
             :
             where
             the
             Bishops
             set
             downe
             these
             two
             maxims
             .
             One
             ,
             that
             a
             Councell
             ought
             to
             bee
             called
             by
             the
             Pope
             and
             not
             by
             the
             King.
             Th'
             other
             ,
             that
             he
             ought
             to
             be
             reserved
             to
             the
             judgement
             of
             God.
             The
             falsity
             of
             the
             first
             is
             apparent
             from
             that
             proofe
             which
             wee
             have
             made
             of
             it
             elsewhere
             .
             As
             for
             the
             second
             ,
             we
             must
             perswade
             our selves
             that
             these
             good
             Fathers
             would
             have
             us
             to
             beleeve
             so
             ,
             who
             were
             opposed
             herein
             by
             Theoderic
             ,
             and
             the
             Senat
             of
             Rome
             :
             who
             notwithstanding
             when
             all
             came
             to
             all
             let
             go
             their
             hold
             ,
             referring
             all
             entirely
             to
             the
             will
             of
             the
             Synod
             ;
             which
             used
             in
             this
             matter
             rather
             a
             kinde
             of
             arbitrement
             and
             composition
             ,
             than
             a
             judiciary
             processe
             :
             putting
             thus
             much
             howsoever
             in
             their
             subscription
             (
             for
             fear
             lest
             they
             should
             seen
             to
             have
             quitted
             a
             guilty
             person
             )
             
               That
               they
               left
               the
               whole
               judgement
               of
               it
               to
               God.
            
             Now
             I
             am
             content
             their
             opinion
             be
             so
             ,
             that
             the
             Pope
             could
             not
             be
             judged
             by
             them
             :
             for
             this
             must
             alwayes
             bee
             understood
             of
             a
             particular
             Synod
             ,
             (
             such
             as
             this
             fourth
             of
             Rome
             was
             )
             not
             of
             a
             Generall
             ;
             seeing
             there
             can
             be
             no
             example
             urged
             in
             that
             kind
             .
             And
             even
             for
             particulars
             ,
             there
             have
             beene
             divers
             which
             have
             proceeded
             to
             such
             condemnations
             ;
             the
             precedents
             whereof
             have
             beene
             already
             observed
             :
             whereto
             wee
             shall
             adde
             that
             the
             Popes
             themselves
             have
             practised
             it
             .
          
           
             8
             As
             for
             example
             ,
             Stephen
             the
             fourth
             ,
             Who
             (
             saith
             
               Marianus
               Scotus
            
             in
             his
             Chronicles
             )
             
               so
               soone
               as
               hee
               was
               elected
               desired
               the
               Emperour
            
             Pepin
             ,
             
               to
               cause
               the
               most
               expert
               and
               understanding
               Bishops
               to
               judge
               of
               Pope
            
             Constantine
             
               in
               a
               Synod
               .
               The
               Councell
               then
               being
               assembled
               at
            
             Rome
             ,
             
               caused
               all
               his
               Priest●
               〈◊〉
               bee
               burnt
               ,
               and
            
             Constantine
             
               himselfe
               to
               bee
               buffeted
               ,
               compelling
               him
               to
               make
               a
               resignation
               :
               and
               hee
               was
               afterwards
               burned
               .
               Stephen
            
             the
             sixth
             in
             the
             yeare
             898
             
               Having
               assembled
               a
               Councell
               ,
               hee
               caused
               the
               corps
               of
            
             Formosus
             
               his
               predecessour
               ,
               to
               bee
               apparelled
               in
               mans
               attire
               :
               and
               after
               hee
               had
               made
               him
               to
               bee
               devested
               of
               his
               pontificall
               garments
               ,
               he
               caused
               him
               to
               be
               throwne
               into
               the
            
             Tyber
             ,
             
               after
               he
               had
               made
               two
               of
               his
               fingers
               to
               bee
               cut
               off
            
             :
             So
             saith
             
               Martinus
               Polonus
            
             in
             his
             Chronicle
             ;
             and
             Platina
             after
             him
             in
             the
             life
             of
             
               Formosus
               .
               Iohn
            
             the
             ninth
             in
             the
             year
             900
             ,
             taking
             Formosu●'s
             part
             ,
             
               Held
               a
               Synod
               at
            
             Ravenna
             
               of
               seventy
               four
               Bishops
               ,
               where
               that
               was
               condemned
               which
               had
               been
               done
               by
               Pope
            
             Stephen
             ,
             saith
             the
             same
             Martin
             in
             his
             Chronicle
             .
             See
             you
             now
             how
             the
             Popes
             themselves
             have
             proved
             by
             their
             owne
             practices
             that
             they
             may
             bee
             judged
             by
             particular
             Councels
             .
          
           
             9
             As
             for
             Generall
             Councels
             they
             never
             so
             much
             as
             thought
             of
             exempting
             the
             Pope
             from
             their
             jurisdiction
             :
             On
             the
             contrary
             wee
             read
             that
             Pope
             Leo
             the
             fourth
             being
             accused
             of
             treason
             ,
             
             that
             is
             ,
             of
             going
             about
             to
             transfer
             the
             Empire
             upon
             the
             Grecians
             ,
             hee
             submitted
             himselfe
             to
             the
             judgement
             of
             Lewes
             the
             second
             ,
             Emperour
             ,
             and
             King
             of
             France
             ,
             as
             we
             read
             in
             the
             Decree
             .
             See
             now
             how
             that
             excessive
             greatnesse
             findes
             some
             superiours
             ,
             yea
             and
             acknowledgeth
             them
             too
             ,
             not
             abating
             ought
             of
             its
             right
             ,
             but
             applying
             it selfe
             to
             its
             duty
             .
             Wee
             have
             made
             mention
             already
             of
             the
             condemnation
             of
             Formosus
             at
             the
             sixth
             Generall
             Councell
             .
             We
             know
             also
             what
             was
             determined
             concerning
             this
             point
             at
             the
             eighth
             General
             Councel
             of
             Constantinople
             ,
             one
             of
             the
             most
             favourable
             to
             the
             Popes
             that
             ever
             was
             holden
             :
             considering
             that
             the
             Legats
             commanded
             there
             according
             to
             their
             desire
             ,
             with
             all
             the
             honour
             done
             unto
             them
             ,
             which
             he
             and
             his
             predecessours
             had
             a
             long
             time
             long'd
             for
             .
             
               If
               ,
               when
               the
               Generall
               Councell
               is
               
               assembled
               ,
            
             
             (
             saith
             the
             21
             Canon
             )
             
               there
               be
               any
               controversie●
               or
               complaint
               against
               the
               holy
               Church
               of
            
             Rome●
             
               enquiry
               ought
               to
               be
               made
               upo●
               the
               question
               proposed
               with
               convenient
               reverence
               and
               respect
               ,
               and
               to
               admit
               of
               satisfaction
               ,
               and
               to
               proceed
               ,
               or
               cause
               to
               be
               proceeded
               therein
               :
               yet
               not
               andaciously
               to
               passe
               sentence
               against
               the
               supreme
               Bishops
               of
               old
            
             Rome
             .
             Whence
             we
             collect
             th●t
             it
             was
             the
             intention
             of
             the
             Councel
             that
             processe
             should
             be
             made
             against
             the
             Bishop
             of
             Rome●
             with
             all
             honour
             and
             reverence
             indeed
             ,
             then
             when
             he
             was
             accused
             in
             some
             sort
             ,
             yet
             still
             that
             processe
             should
             goe
             on
             against
             him
             .
          
           
             10
             The
             Councell
             held
             formerly
             by
             Photius
             Patriarch
             of
             Constantinople
             ,
             had
             condemned
             Pope
             Nicholas
             .
             This
             anathematizeth
             Photius
             ,
             not
             because
             he
             venter'd
             to
             proceed
             to
             that
             reformation
             ,
             (
             as
             some
             would
             make
             us
             beleeve
             )
             but
             because
             he
             had
             laid
             a
             false
             accusation
             against
             him
             ,
             and
             for
             certaine
             other
             causes
             ;
             as
             the
             sixt
             Canon
             declares
             ;
             
               Wee
               anathematize
            
             Photius
             
               for
               his
               intrusion
               into
               the
               Church
               of
            
             Constantinople
             :
             
               for
               his
               subornation
               of
               false
               vicars
               :
               for
               his
               adventuring
               to
               hold
               a
               Councell
               of
               vanitie
               :
               and
               for
               the
               crimes
               which
               hee
               falsly
               objected
               against
               Pope
            
             Nicholas
             ,
          
           
             11
             The
             Generall
             Councel
             of
             Chalcedon
             was
             Iudge
             in
             Pope
             Leo
             the
             first
             his
             cause
             against
             the
             Patriarch
             of
             Constantinople
             ,
             
             touching
             point
             of
             honour
             :
             which
             was
             thus
             ;
             The
             Councel
             of
             Nice
             had
             tacitly
             assigned
             the
             first
             place
             of
             honour
             to
             the
             Patriarch
             of
             Rome
             ,
             the
             second
             to
             him
             of
             Alexandria
             ,
             the
             third
             to
             him
             of
             Antioch
             ,
             and
             the
             fourth
             to
             him
             of
             Ierusalem
             :
             and
             because
             that
             Constantinople
             was
             then
             scarce
             borne
             ,
             there
             was
             no
             talk
             of
             it
             :
             but
             at
             the
             second
             Councel
             of
             Constantinople
             the
             question
             was
             canvassed
             ,
             where
             it
             was
             ●etermined
             that
             the
             Bishop
             of
             that
             Citie
             should
             be
             honoured
             as
             the
             next
             Primat
             to
             the
             Bishop
             of
             Rome●
             because
             it
             was
             new
             Rome
             .
             The
             Pope
             complaine●
             of
             this
             Decree
             to
             the
             Councel
             of
             Ephesus
             ,
             pretending
             that
             the
             Councel
             of
             Nice
             was
             disparaged
             :
             the
             other
             on
             the
             contrary
             stood
             for
             the
             D●cree
             of
             the
             Councel
             of
             Constantinople
             ;
             the
             Councel
             gave
             sentence
             that
             what
             had
             been
             there
             determined
             concerning
             this
             point
             ,
             should
             stand
             ;
             
               The
               reverend
               Bishops
               said
               ,
               This
               sentence
               is
               just
               :
               Wee
               all
               say
               so
               :
               It
               pleaseth
               us
               all
               likewise
               :
               The
               Decree
               is
               just
               .
            
             See
             here
             how
             they
             pronounced
             against
             the
             Pope
             :
             whose
             Legats
             the
             next
             day
             desired
             the
             retractation
             of
             that
             Decree
             ,
             or
             at
             least
             that
             their
             protestation
             might
             be
             registred
             ;
             and
             that
             they
             might
             know
             what
             to
             informe
             the
             Pope
             of
             ,
             to
             the
             end
             (
             say
             they
             )
             that
             hee
             might
             passe
             his
             sentence
             upon
             the
             injury
             done
             to
             his
             See
             ,
             or
             of
             the
             subversion
             of
             the
             Canons
             .
             Hereupon
             the
             Iudges
             pronounced
             ,
             
               Our
               interlocution
               was
               approved
               by
               all
               the
               Synod
               .
            
          
           
             12
             Pope
             Leo
             was
             much
             displeased
             with
             this
             sentence
             ,
             
             which
             hee
             did
             not
             dissemble
             in
             his
             letters
             written
             to
             the
             Emperour
             
               Martian
               ,
               Pulcheria
            
             the
             Empresse
             ,
             the
             Patriarches
             of
             Constantinople
             and
             Antioch
             ,
             and
             others
             .
             Yet
             for
             all
             that
             he
             durst
             not
             withstand
             the
             Councels
             resolution
             ,
             nor
             proceed
             any
             further
             than
             only
             to
             complaine
             against
             it
             .
             Howbeit
             ,
             speaking
             to
             the
             two
             last
             ,
             who
             were
             interested
             in
             the
             cause
             as
             well
             as
             himself
             ,
             hee
             tels
             them
             that
             hee
             will
             not
             consent
             to
             that
             sentence
             .
             Hee
             had
             reason
             ,
             for
             his
             consent
             to
             it
             wa●
             never
             demanded
             .
             But
             hee
             never
             complaines
             of
             the
             Councel
             for
             confirming
             the
             definition
             and
             rule
             of
             faith
             which
             hee
             sent
             thither
             ;
             
             but
             bragges
             of
             it
             in
             his
             letter
             to
             Theodoret
             Bishop
             of
             Cyprus
             ;
             which
             notwithstanding
             was
             strictly
             examined
             in
             this
             Councell
             ,
             which
             gave
             every
             man
             leave
             to
             impugne
             it
             .
             
               If
               it
               bee
               not
            
             (
             say
             they
             )
             
               consonant
               to
               holy
               Scripture
               ,
               let
               any
               man
               disprove
               it
               .
            
             As
             also
             they
             reprove
             ,
             yet
             very
             nimblely
             ,
             and
             by
             way
             of
             exposition
             ,
             that
             saying
             of
             his
             ,
             
               That
               it
               belonged
               to
               none
               to
               expound
               matters
               of
               faith
               ,
               saving
               the
               Fathers
               of
               the
            
             Nicene
             Councell
             ;
             and
             they
             shew
             how
             it
             belongs
             to
             others
             also
             ,
             not
             so
             as
             to
             derogate
             from
             ought
             that
             had
             beene
             there
             determined
             ,
             but
             to
             explaine
             the
             controversies
             which
             arise
             about
             it
             .
          
           
             13
             Bellarmine
             seeing
             that
             this
             is
             prejudiciall
             to
             the
             Soveraignety
             of
             his
             Patriarch
             ,
             
             saith
             that
             Leo's
             epistle
             did
             not
             containe
             any
             definitive
             sentence
             ,
             
             but
             only
             his
             advice
             :
             and
             wee
             on
             the
             contrary
             affirme
             ,
             it
             was
             his
             determination
             and
             resolution
             .
             Let
             us
             hear
             what
             he
             him selfe
             saith
             of
             it
             ,
             
               What
               God
               had
               first
               determined
               by
               our
               ministery
               ,
               he
               hath
               now
               confirmed
               by
               the
               irretractable
               consent
               of
               all
               our
               brethren
               .
            
             And
             for
             the
             last
             course
             ,
             if
             it
             may
             be
             said
             ,
             this
             Leo
             was
             one
             of
             the
             most
             ambitious
             Bishops
             that
             ever
             wore
             Mitre
             .
             Hee
             that
             shall
             peruse
             his
             epistles
             without
             passion
             ,
             will
             ever
             passe
             this
             judgement
             upon
             him
             .
          
           
             14
             The
             Emperour
             Constantius
             ,
             having
             banished
             Liberius
             ,
             another
             whose
             name
             was
             Felix
             was
             elected
             in
             his
             stead
             .
             
             The
             Emperour
             having
             recalled
             Liberius
             some
             time
             after
             ,
             the
             Councel
             which
             was
             then
             at
             Sirmium
             a
             citie
             in
             Hungary
             writ
             to
             Felix
             ,
             and
             the
             Clergy
             of
             Rome
             ,
             to
             receive
             him
             in
             such
             sort
             as
             both
             of
             them
             might
             continue
             Popes
             ,
             and
             might
             execute
             that
             function
             with
             one
             common
             consent
             :
             
             Which
             was
             done
             accordingly
             .
             Bellarmine
             answers
             two
             things
             .
             First
             that
             the
             Councel
             doth
             not
             command
             so
             ,
             but
             only
             send
             some
             exhortatory
             letters
             :
             But
             this
             is
             but
             a
             shift
             :
             for
             Sozomen
             saith
             ,
             the
             Councell
             ordained
             so
             :
             Next
             ,
             that
             this
             Councel
             was
             composed
             of
             Arrians
             for
             the
             most
             part
             .
             This
             consideration
             were
             to
             the
             purpose
             if
             the
             question
             were
             about
             their
             doctrines
             :
             but
             here
             the
             controversie
             is
             about
             a
             thing
             which
             was
             never
             in
             dispute
             with
             them
             .
             And
             besides
             ,
             both
             the
             Popes
             were
             Orthodox
             .
             But
             bee
             that
             as
             it
             will
             be
             ,
             we
             collect
             from
             hence
             all
             that
             we
             desire
             ,
             namely
             that
             the
             Councell
             passed
             sentence
             in
             the
             Popes
             case
             .
          
           
             17
             Pope
             Miltiades
             was
             by
             the
             Emperour
             made
             Iudge
             betweene
             the
             Catholiques
             and
             the
             Donatists
             ,
             and
             after
             him
             the
             Bishop
             of
             Arles
             ,
             as
             St.
             Austin
             testifies
             :
             at
             which
             judgement
             the
             Donatists
             being
             displeased
             ,
             St.
             Austin
             adds
             ,
             
             
               But
               suppose
               the
               Bishops
               which
               judged
               at
            
             Rome
             ,
             
               did
               not
               judge
               aright
               :
               recourse
               may
               yet
               be
               had
               to
               a
               Councel
               of
               the
               Church
               Catholique
               :
               where
               both
               the
               cause
               and
               the
               Iudges
               themselves
               may
               yet
               bee
               tryed
               :
               that
               so
               if
               they
               bee
               convinced
               to
               have
               judged
               amisse
               ,
               their
               sentence
               may
               be
               repealed
               .
               Bellarmine
            
             quits
             himselfe
             but
             poorely
             from
             this
             argument
             .
             
             First
             of
             all
             he
             affirmes
             that
             thi●
             cause
             was
             judged
             againe
             by
             the
             Bishop
             of
             Arles
             ,
             not
             (
             saith
             hee
             )
             because
             there
             was
             any
             reason
             why
             it
             should
             be
             so
             ,
             but
             because
             it
             was
             the
             Emperours
             pleasure
             :
             this
             I
             do
             not
             deny
             to
             be
             true
             .
             But
             in
             the
             second
             place
             he
             saith
             ,
             that
             a
             cause
             judged
             by
             the
             Pope
             in
             a
             particular
             Councel
             ,
             may
             afterwards
             bee
             judged
             by
             him
             againe
             in
             a
             Generall
             Councel
             .
             This
             is
             nothing
             to
             the
             purpose
             ;
             for
             St.
             Austine
             saith
             not
             that
             the
             Pope
             ought
             to
             assist
             in
             this
             Generall
             Councell
             as
             Iudge
             ,
             but
             only
             to
             defend
             his
             owne
             sentence
             ;
             being
             in
             danger
             to
             see
             it
             repealed
             if
             it
             were
             found
             to
             bee
             injust
             .
          
           
             16
             Besides
             ,
             if
             the
             Pope
             hold
             his
             greatnesse
             only
             by
             St.
             Pauls
             sword
             ,
             and
             St.
             Peters
             keyes
             ,
             and
             if
             he
             be
             above
             all
             ;
             then
             hee
             ought
             to
             bee
             esteemed
             as
             great
             and
             grosse
             in
             a
             particular
             Councel
             as
             in
             a
             General
             ;
             seeing
             that
             by
             his
             reckoning
             ,
             all
             Councels
             whatsoever
             ,
             are
             but
             petty
             accessories
             which
             bring
             no
             great
             advantage
             to
             the
             principall
             .
             But
             if
             he
             grant
             that
             a
             Generall
             Councell
             where
             the
             Pope
             is
             ,
             hath
             no
             more
             power
             than
             a
             particular
             where
             the
             Pope
             is
             also
             ,
             hee
             plainely
             confesseth
             that
             the
             principall
             authority
             of
             Councels
             is
             not
             derived
             from
             their
             heads
             .
          
        
         
           
           
             CHAP.
             IV.
             Of
             Appeals
             from
             Popes
             to
             Councels
             .
          
           
             1
             THat
             which
             Saint
             Austin
             proposeth
             in
             the
             place
             above-cited
             ,
             
             touching
             judgement
             of
             a
             Councell
             after
             the
             Popes
             sentence
             ,
             is
             a
             kinde
             of
             Appeal
             .
             This
             gives
             us
             occasion
             of
             here
             setting
             downe
             certaine
             precedents
             of
             such
             as
             have
             been
             put
             in
             from
             Popes
             to
             Councels
             .
             The
             Emperour
             
               Ludovicus
               Bavarus
            
             ,
             the
             fift
             of
             that
             name
             ,
             releeved
             himselfe
             by
             this
             meanes
             against
             Pope
             Iohn
             the
             twentie
             second
             ,
             who
             had
             excommunicated
             him
             for
             taking
             upon
             him
             the
             name
             of
             Emperour
             before
             hee
             was
             confirm'd
             by
             him
             .
             
             
               Hee
               appeal'd
            
             (
             saith
             the
             German
             Chronicle
             )
             
               to
               a
               Generall
               Councell
               ,
               and
               to
               the
               Pope
               (
               who
               was
               now
               misinform'd
               in
               the
               matter
               )
               when
               hee
               should
               be
               better
               informed
               .
            
             Yet
             notwithstanding
             hee
             charged
             his
             Ambassadours
             whom
             he
             sent
             to
             Iohn
             ,
             to
             use
             all
             kinde
             of
             humilitie
             towards
             him
             ,
             to
             see
             if
             hee
             could
             pacifie
             him
             before
             hee
             proceeded
             to
             this
             remedie
             .
             Which
             being
             done
             they
             got
             no
             other
             answer
             but
             this
             ,
             
               That
               it
               was
               not
               lawfull
               for
               him
               to
               demeane
               himselfe
               as
               Emperour
               ,
               and
               be
               called
               by
               that
               title
               ,
               unlesse
               hee
               had
               by
               way
               of
               preamble
               been
               confirmed
               by
               him
               after
               his
               election
               :
               and
               he
               appointed
               him
               a
               day
               to
               make
               his
               appearance
               at
            
             Rome
             
               to
               excuse
               himselfe
               ,
               and
               make
               satisfaction
               for
               his
               faults
               ,
               upon
               condition
               that
               in
               the
               meane
               time
               he
               leave
               off
               the
               name
               and
               administration
               of
               Emperour
               .
            
             And
             upon
             his
             refusall
             to
             doe
             thus
             hee
             thundered
             out
             his
             excommunications
             against
             him
             .
             Whereupon
             (
             say
             the
             same
             Chronicles
             )
             Lewes
             
               did
               appeale
               from
               him
            
             .
             And
             that
             which
             followes
             is
             worth
             the
             noting
             .
             
               The
               processe
               of
               the
               See
               of
            
             Rome
             
               had
               at
               that
               time
               a
               great
               deale
               of
               force
               ;
               for
               it
               was
               a
               crime
               inexpiable
               to
               be
               of
               a
               different
               opinion
               from
               the
               Pope
               .
               But
            
             Lewes
             
               had
               some
               Doctors
               in
               both
               lawes
               which
               held
               the
               Popes
               sentence
               to
               bee
               invalid
               ;
               which
               opinion
               of
               the
               Doctors
               was
               a
               cause
               that
               many
               stood
               firme
               to
               the
               Emperours
               party
               .
            
          
           
             2
             The
             States
             of
             Germany
             assembled
             at
             Francford
             the
             yeare
             1338
             went
             yet
             further
             ,
             
             for
             they
             cassed
             the
             sentence
             of
             the
             Pope
             ,
             and
             of
             his
             conventicle
             held
             at
             
               Avinion
               .
               By
               the
               councell
               and
               advice
               of
               all
               the
               Prelates
               and
               Princes
               of
            
             Germany
             
               met
               together
               in
               the
               City
               of
            
             Francford
             ,
             
               we
               declare
               and
               ordaine
               that
               all
               such
               proceedings
               are
               of
               no
               power
               ,
               force
               ,
               nor
               efficacy
               .
            
             But
             of
             this
             we
             have
             spoken
             sufficiently
             in
             the
             first
             Chapter
             of
             our
             first
             Booke
             .
          
           
             3
             In
             the
             yeare
             1328
             (
             saith
             a
             German
             Monke
             )
             Pope
             Iohn
             
               in
               full
               Consistory
               condemned
               the
               letter
               of
               the
               generall
               Chapter
               of
               the
               Friars
               Minorites
               holden
               at
            
             Peruse
             :
             whereupon
             Michael
             de
             Cesano
             ,
             
               Generall
               of
               the
               Order
               for
               that
               yeare
               ,
               made
               an
               appeale
               against
               the
               Pope
               ;
               affirming
               that
               the
               Popes
               determination
               touching
               the
               poverty
               of
               CHRIST
               IESVS
               was
               hereticall
               .
            
          
           
             4
             In
             the
             yeare
             1460
             Sigismund
             Duke
             of
             Austria
             pleaded
             an
             Appeale
             from
             Pope
             Pius
             the
             second
             to
             a
             Generall
             Councell
             ,
             in
             these
             termes
             :
             
               Considering
               then
               that
               his
               Holinesse
               hath
               bereft
               us
               of
               all
               hopes
               of
               possibility
               of
               obtaining
               justice
               at
               his
               hand●
               ;
               by
               reason
               whereof
               we
               cannot
               appeale
               to
               the
               Pope
               better
               informed●
               seeing
               that
               his
               eares
               are
               growne
               deafe
               towards
               us
               ,
               and
               his
               indignation
               is
               inflamed
               after
               his
               desire
               .
               Wee
               appeale
               unto
               the
               Pope
               which
               shall
               succeed
               him
               ,
               to
               judge
               of
               his
               
               predecessors
               actions
            
             :
             
             
               and
               to
               the
               Generall
               Councell
               which
               shall
               bee
               assembled
               .
            
             The
             cause
             of
             this
             appeale
             grew
             from
             Pope
             Pius
             his
             excommunicating
             of
             Sigismond
             :
             and
             the
             ground
             of
             the
             excommunication
             was
             because
             that
             Sigismond
             had
             kept
             backe
             Cardinall
             Cusan
             from
             the
             Bishoprique
             of
             Brixen
             ,
             which
             was
             within
             his
             dominions
             ,
             being
             highly
             offended
             that
             it
             was
             given
             unto
             him
             in
             commendam
             by
             the
             Pope
             .
             And
             because
             the
             act
             of
             this
             appeale
             was
             drawne
             by
             Haymb●urg●
             a
             learned
             Lawyer
             in
             his
             time
             ,
             and
             that
             he
             had
             made
             it
             be
             sixt
             upon
             the
             gates
             of
             the
             Church
             of
             Florence
             ,
             
             the
             Pope
             fell
             a
             quarrelling
             with
             him
             too
             ,
             thundering
             out
             another
             excommunication
             at
             his
             head
             :
             of
             which
             ,
             as
             also
             of
             the
             former
             ,
             he
             makes
             mention
             in
             one
             of
             his
             Epistles
             .
             But
             our
             Doctor
             was
             so
             little
             amused
             with
             it
             ,
             that
             hee
             put
             up
             another
             appeale
             in
             his
             owne
             name
             ,
             from
             the
             Pope
             to
             a
             ●uture
             Councell
             ;
             which
             he
             set
             out
             with
             many
             prettie
             reasons
             :
             the
             copie
             whereof
             we
             may
             reade
             to
             this
             day
             .
          
           
             5
             We
             have
             oft
             releeved
             our selves
             in
             France
             against
             the
             abuses
             and
             usurpations
             of
             Popes
             by
             this
             course
             .
             Innocent
             the
             third
             caused
             this
             Kingdome
             to
             bee
             interdicted
             by
             his
             Legat
             which
             was
             come
             hither
             :
             and
             that
             because
             of
             the
             marriage
             which
             
               Philippus
               Augustus
            
             had
             contracted
             with
             I●geberge
             sister
             to
             Cam
             the
             King
             of
             Dalmatia
             .
             But
             the
             King
             (
             saith
             
               Iohn
               le
               Maire
            
             )
             armed
             himselfe
             with
             an
             appeal
             to
             a
             future
             Councell
             .
             Howbeit
             it
             is
             recor●ed
             by
             another
             author
             ,
             that
             the
             appeal
             was
             put
             in
             by
             the
             Kings
             Agents
             fro●
             the
             Legat
             to
             the
             See
             of
             Rome
             ;
             but
             they
             may
             be
             both
             true
             .
             For
             the
             appeal
             might
             b●e
             first
             made
             from
             the
             Legat
             to
             the
             Pope
             ,
             and
             ,
             because
             that
             appeal
             was
             not
             admitted
             ,
             then
             from
             the
             Pope
             to
             the
             Councell
             .
             And
             I
             beleeve
             it
             was
             so
             ;
             considering
             that
             we
             read
             at
             this
             day
             the
             Decretall
             Epistle
             of
             Innocent
             which
             he
             sent
             to
             Philip
             ;
             where
             he
             maintaines
             that
             his
             Legats
             ought
             not
             to
             admit
             of
             the
             Appeal
             :
             (
             seeing
             (
             saith
             he
             )
             
               an
               Appeal
               cannot
               be
               made
               from
               a
               Minister
            
             :
             )
             and
             that
             his
             Legat
             had
             done
             nothing
             of
             his
             owne
             proper
             motion
             ,
             but
             by
             command
             from
             him
             .
          
           
             
             6
             So
             likewise
             Philip
             the
             Faire
             appealed
             from
             the
             usurpations
             and
             insolences
             of
             Boniface
             the
             eight
             ,
             
               to
               the
               See
               Apostolique
               then
               vacant
               (
               as
               he
               said
               )
               and
               to
               a
               fu●ure
               Councell
               ,
            
             saith
             Platina
             in
             his
             life
             .
             
               This
               likewise
               was
               the
               meanes
               which
               M.
            
             ●ohn
             de
             Nanterie
             
               the
               Kings
               Atturney
               Generall
               used
               against
               the
               Bulls
               of
               Cardinall
            
             de
             Balice
             ,
             
               appealing
               from
               them
               to
               the
               Pope
               better
               inform'd
               ,
               or
               unto
               those
               to
               whom
               the
               Appeal
               did
               of
               right
               appertaine
               .
            
             These
             are
             the
             very
             words
             as
             they
             are
             in
             the
             Collection
             of
             the
             liberties
             of
             the
             Gallicane
             Church
             .
          
           
             
             7
             The
             famous
             Vniversitie
             of
             Paris
             ,
             perceiving
             the
             eager
             pursuit
             which
             Pope
             Pius
             the
             second
             made
             ,
             by
             his
             Legat
             sent
             into
             France
             to
             Lewes
             the
             eleventh
             ,
             to
             get
             him
             to
             cancel
             the
             Pragmatique
             Sanction
             ,
             
               appealed
               from
               all
               the
               Popes
               attempts
               to
               a
               ●uture
               Councell
               ,
            
             saith
             the
             same
             
               Iohn
               le
               Maire
            
             and
             
               Robert
               Gaguin
            
             ,
             who
             lived
             at
             that
             time
             .
             And
             the
             same
             King
             Lewes
             in
             the
             yeare
             1463
             ,
             
               to
               secure
               himselfe
               from
               the
               censures
               of
               the
               said
               Pope
               ,
               with
               the
               advice
               of
               his
               Parliament
               ,
               caused
               an
               Appeal
               to
               be
               put
               in
               by
               his
               Atturney
               Generall
               from
               the
               said
               Pope
               to
               ●
               future
               Councel
               :
               and
               ordained
               by
               an
               arrest
               that
               the
               Cardinal
               of
            
             Constance
             
               should
               be
               punished●
               because
               he
               had
               resisted
               the
               authorities
               and
               rights
               of
               the
               King
            
             ;
             saith
             Mr.
             
               Iohn
               de
               T●llet
            
             .
          
           
             8
             The
             same
             Vniversitie
             put
             in
             an
             Appeal
             to
             a
             future
             Councell
             touching
             the
             condemnation
             of
             the
             Councell
             of
             Basil
             made
             by
             Leo
             the
             tenth
             ,
             in
             a
             conventicle
             assembled
             by
             him
             at
             the
             Lateran
             ,
             and
             also
             touching
             the
             abrogation
             of
             the
             Pragmatique
             Sanction
             wherein
             that
             Councell
             was
             confirmed
             .
             But
             it
             is
             expedient
             to
             heare
             the
             truly
             pious
             words
             of
             that
             generous
             Vniversitie
             .
             
               Pope
               Leo
               the
               tenth
               in
               a
               certaine
               assembly
               holden
               at
               Rome
               ,
               
               (
               we
               know
               not
               how
               ,
               but
               surely
               not
               in
               the
               name
               of
               the
               Holy
               Ghost
               ;
               for
               where
               he
               is
               nothing
               can
               be
               consulted
               upon
               or
               determined
               against
               the
               law
               of
               God
               &
               the
               Sacred
               Councels
               ,
               )
               hath
               resolved
               ,
               we
               know
               not
               upon
               what
               advice
               ,
               to
               abrogate
               the
               said
               so
               usefull
               Decrees
               ,
               transgressing
               herein
               against
               the
               Catholique
               faith
               and
               authority
               of
               sacred
               
               Generall
               Councels
               ,
               and
               therefore
               hath
               condemn'd
               the
               holy
               Councell
               of
               Basil
               :
               
               making
               certaine
               other
               Decrees
               at
               his
               pleasure
               (
               under
               correction
               be
               it
               spoken
               )
               to
               the
               prejudice
               of
               the
               Realme
               and
               of
               Daulphine
               ,
               and
               to
               the
               detriment
               of
               the
               subjects
               of
               our
               most
               illustrious
               King
               of
               France
               .
            
             And
             afterwards
             ,
             
               Having
               made
               such
               novel
               decrees
               ,
               he
               hath
               constrained
               our
               most
               renowned
               King
               Francis
               ,
               by
               the
               perswasion
               of
               some
               body
               or
               other
               ,
               to
               give
               his
               consent
               unto
               them
               ,
               while
               he
               was
               in
               Italy
               imployed
               there
               in
               businesse
               of
               warre
               .
               Wherewith
               we
               the
               Rectour
               and
               Vniversitie
               doe
               finde
               our selves
               grieved
               ,
               wronged
               ,
               and
               oppressed
               ,
               and
               doe
               provoke
               and
               appeale
               from
               the
               Pope
               ill-advised
               as
               concerning
               the
               abrogation
               of
               the
               Ordinances
               and
               Decrees
               of
               the
               said
               holy
               Councell
               of
               Basil
               ,
               and
               the
               Pragmatique
               Sanction
               thereunto
               adhering
               ,
               to
               a
               future
               Councell
               lawfully
               assembled
               in
               some
               safe
               and
               free
               place
               ,
               &c.
               
               Given
               at
               Paris
               in
               our
               generall
               Congregation
               solemnly
               holden
               at
               Saint
               Bernards
               May
               the
               27.
               1517.
               
            
             A
             German
             Monke
             speaking
             of
             this
             Appeal●
             saith
             ,
             
               Not
               without
               cause
               did
               the
               Vniversity
               of
            
             Paris
             
               become
               appellants
               to
               a
               Generall
               Councell
               against
               Pope
            
             Leo
             ,
             
               for
               the
               good
               and
               preservation
               of
               the
               Churches
               of
               the
               whole
               Kingdome
               ,
               and
               especially
               for
               that
               the
               same
               Pope
            
             Leo
             
               had
               undertaken
               to
               condemn
               and
               disanull
               the
               Councell
               of
            
             Basil
             ,
             
               in
               a
               certaine
               assembly
               or
               conventicle
               of
               Cardinals
               holden
               a●
            
             Rome
             .
          
           
             9
             Some
             of
             the
             Commentators
             among
             the
             Canonists
             have
             said
             in
             expresse
             termes
             ,
             
             that
             an
             Appeal
             may
             lye
             from
             the
             Pope
             to
             a
             Councell
             ,
             amongst
             whom
             are
             
               Ludovicus
               Romanus
            
             and
             
               Abbas
               Siculus
            
             in
             his
             allegations
             .
             Such
             Appeals
             to
             a
             future
             Councell
             are
             not
             to
             bee
             stranged
             at
             ;
             for
             in
             France
             they
             goe
             further
             than
             so
             ,
             insomuch
             that
             it
             is
             lawfull
             to
             appeale
             to
             the
             Parliaments
             from
             the
             execution
             of
             the
             Popes
             abusive
             Buls
             .
          
           
             10
             But
             Bellarmine
             urgeth
             some
             examples
             to
             the
             contrary
             against
             us
             ,
             to
             wit
             of
             Appeals
             made
             from
             Councels
             to
             Popes
             :
             the
             first
             is
             of
             Athanasius
             Bishop
             of
             Alexandria
             ,
             and
             Paul
             Bishop
             of
             Constantinople
             ;
             who
             (
             saith
             he
             )
             being
             deposed
             by
             a
             Councell
             ,
             appealed
             to
             Pope
             Iulius
             ,
             and
             were
             by
             him
             restored
             to
             their
             Sees
             againe
             .
             This
             he
             takes
             out
             of
             the
             Ecclesiasticall
             history
             of
             So●●●en
             which
             makes
             against
             him
             .
             First
             ,
             he
             doth
             not
             any
             way
             speake
             of
             appealing
             ●●om
             the
             Councell
             to
             the
             Pope
             ,
             for
             that
             was
             not
             then
             in
             use
             .
             Hee
             saith
             indeed
             that
             Athanasius
             and
             some
             other
             Bishops
             being
             deprived
             of
             their
             Sees
             ,
             and
             pers●cucuted
             by
             the
             Arrian
             Bishops
             which
             were
             in
             the
             East
             ,
             fled
             to
             Rome
             as
             to
             a
             haven
             of
             re●uge
             :
             that
             the
             Pope
             having
             heard
             their
             confession
             conformable
             to
             the
             Nicene
             Creed
             ,
             received
             them
             into
             communion
             ,
             restored
             them
             to
             their
             Churches
             ,
             and
             writ
             to
             the
             Easterne
             Bishops
             ,
             whom
             he
             rebuked
             for
             deposing
             them
             :
             but
             we
             must
             alwaies
             remember
             that
             they
             were
             Arrians
             and
             persecuters
             ,
             and
             that
             the
             controversie
             was
             not
             betweene
             par●ie
             and
             partie
             .
             If
             Bellarmine
             deny
             it
             ,
             or
             if
             he
             answer
             that
             wee
             must
             looke
             here
             onely
             to
             the
             forme
             of
             proceeding
             which
             was
             ordinary
             ,
             we
             will
             take
             him
             at
             his
             word
             ,
             and
             presently
             oppose
             unto
             him
             the
             authoritie
             of
             his
             owne
             author
             ;
             who
             saith
             that
             these
             Bishops
             so
             soone
             as
             they
             had
             received
             the
             Popes
             letters
             ,
             framed
             him
             an
             answer
             full
             of
             ironyes
             and
             threats
             .
             
               That
               they
               confessed
               ,
               as
               hee
               said
               ,
               
               that
               the
               Church
               of
               Rome
               was
               the
               principall
               ,
               as
               that
               which
               was
               the
               prime
               of
               the
               Apostles
               ,
               and
               the
               Metropolitane
               for
               pietie
               ever
               since
               the
               beginning
               ,
               (
               howbeit
               tho●●
               which
               planted
               Christian
               religion
               there
               came
               first
               out
               of
               the
               East
               )
               but
               they
               were
               displeased
               that
               he
               should
               thinke
               they
               were
               inferiour
               to
               himselfe
               ,
               because
               his
               Church
               was
               of
               a
               greater
               lustre
               ;
               though
               they
               excelled
               him
               in
               virtue
               and
               sanctitie
               of
               life
               .
            
             They
             objected
             also
             against
             him
             as
             a
             crime
             ,
             that
             hee
             had
             communicated
             with
             Athanasius
             and
             the
             other
             Bishops
             :
             and
             that
             they
             could
             not
             endure
             to
             see
             their
             sentence
             made
             invalid
             by
             him
             as
             if
             it
             were
             by
             a
             Councell
             .
             So
             that
             what
             he
             did
             was
             by
             way
             of
             abuse
             and
             usurpation
             ,
             and
             not
             by
             right
             .
          
           
             11
             The
             second
             example
             is
             of
             that
             Appeal
             which
             he
             saith
             was
             made
             to
             Pope
             
             Leo
             the
             first
             ,
             
             from
             the
             second
             Councell
             of
             Ephesus
             by
             Flavian
             Bishop
             of
             Constantinople
             ,
             and
             Theodoret
             Bishop
             of
             Quars
             .
             It
             is
             easie
             to
             make
             it
             appear
             th●●
             t●is
             was
             not
             so
             .
             For
             first
             it
             is
             plaine
             from
             the
             Acts
             that
             the
             Appeal
             was
             put
             in
             ●imply
             by
             the
             word
             
               (
               Appello
            
             )
             without
             mentioning
             whither
             .
             
             Secondly
             ,
             the
             appellants
             presented
             a
             petition
             to
             the
             Emperours
             ,
             tending
             to
             this
             effect●●hat
             they
             would
             be
             pleased
             to
             referre
             the
             cause
             unto
             a
             Councell
             .
             Thirdly●
             the
             Councell
             passeth
             the
             judgement
             upon
             the
             case
             of
             the
             Appeale
             .
             And
             fourthly
             ,
             the
             Pope
             himselfe
             was
             condemned
             by
             that
             Synod
             .
             He
             was
             one
             of
             the
             plain●ifes
             against
             Dioscorus
             the
             Head
             of
             it
             .
             Whereupon
             it
             was
             said
             to
             his
             Legats
             by
             the
             Presidents
             of
             the
             Councell
             of
             Chalcedon●
             
             
               That
               they
               being
               accusers
               could
               not
               bee
               judges
               .
            
             Pope
             Nicholas
             the
             first
             testifies
             that
             Dioscor●●
             was
             not
             so
             much
             condemned
             for
             his
             heresie
             ,
             as
             for
             daring
             to
             passe
             sentence
             against
             the
             Pope
             .
             To
             what
             purpose
             then
             had
             it
             beene
             to
             appeale
             to
             him
             ,
             seeing
             hee
             himselfe
             was
             condemn'd
             and
             was
             a
             plaintife
             ?
          
           
             12
             The
             third
             example
             is
             of
             an
             Appeal
             made
             to
             Pope
             I●nocent
             the
             first
             by
             
               Iohn
               Chrysostome
            
             ,
             who
             was
             deposed
             by
             a
             Councell
             ,
             as
             it
             is
             testified
             by
             Pope
             Gelasius
             .
             But
             he
             makes
             us
             sometimes
             beleeve
             that
             they
             ,
             as
             other
             men
             ,
             will
             be
             sure
             to
             let
             us
             have
             the
             best
             in
             the
             packe
             ,
             when
             their
             owne
             greatnesse
             is
             in
             question
             .
             
             Sozomen
             is
             more
             to
             bee
             credited
             in
             this
             point
             than
             hee
             ,
             who
             relating
             the
             fact
             ,
             saith
             not
             a
             word
             that
             comes
             neare
             to
             any
             such
             Appeale
             .
             Onely
             hee
             tells
             us
             that
             Chrysostome
             was
             deposed
             by
             a
             Councell
             of
             Chalcedon
             ,
             (
             not
             the
             Generall
             ,
             but
             another
             )
             that
             Pope
             Innocent
             having
             notice
             of
             the
             fact
             ,
             condemned
             it
             :
             that
             is
             ,
             was
             displeased
             at
             it
             ,
             and
             disallowed
             of
             it
             .
             That
             which
             followes
             confirmes
             this
             exposition
             :
             that
             hee
             tooke
             paines
             to
             get
             a
             Generall
             Councell
             called
             :
             that
             hee
             writ
             some
             consolatorie
             letters
             to
             Chrysostome
             ,
             and
             the
             Clergie
             of
             Constantinople
             ,
             where
             he
             was
             Bishop
             .
             Amongst
             other
             things
             hee
             saith
             ,
             
               But
               what
               remedy
               can
               wee
               apply
               to
               it
               for
               the
               present
               ?
               There
               must
               of
               necessitie
               bee
               a
               Synodicall
               judgement
               .
               So
               I
               have
               said
               a
               long
               time
               that
               wee
               must
               assemble
               one
               .
            
             And
             accordingly
             hee
             sent
             five
             Bishops
             and
             two
             Priests
             of
             the
             Church
             of
             Rome
             to
             the
             Emperours
             H●norius
             and
             Arcadius
             to
             intreat
             a
             Synod
             of
             them
             with
             the
             appointment
             of
             the
             time
             and
             place
             .
          
        
         
           
           
             CHAP.
             V.
             This
             maxime
             ,
             Tha●
             a
             Councel
             is
             above
             the
             Pope
             ,
             proved
             in
             expresse
             termes
             .
          
           
             1
             WHerefore
             notwithstanding
             these
             examples
             objected
             to
             the
             contrary
             ,
             
             considering
             the
             weaknesse
             of
             them
             ,
             wee
             may
             justly
             inferre
             that
             the
             a●cient
             :
             Popes
             having
             confessed
             and
             acknowledged
             the
             authority
             of
             Councels
             to
             be
             greater
             than
             their
             owne
             ;
             having
             been
             judged
             and
             condemned
             by
             them
             ,
             both
             in
             matters
             civill
             and
             criminall
             ;
             as
             also
             appeals
             from
             their
             sentence
             unto
             Councels
             ,
             having
             been
             allowed
             ;
             therefore
             they
             are
             inferiour
             to
             them
             ,
             and
             ought
             at
             this
             day
             to
             acknowledge
             their
             power
             and
             authority
             .
             But
             wee
             must
             yet
             undertake
             a
             greater
             task
             ,
             and
             shew
             that
             this
             maxim
             ,
             
               That
               a
               Councell
               is
               above
               the
               Pope
               ,
            
             is
             in
             expresse
             termes
             in
             the
             Decrees
             of
             Councels
             ,
             the
             Constitutions
             of
             Pope●●
             the
             decisions
             of
             Doctours
             ,
             the
             opinions
             of
             Vniversities
             ,
             and
             the
             approbations
             of
             Princes
             and
             Provinces
             .
          
           
             2
             Wee
             can
             scarce
             bring
             ought
             from
             them
             any
             higher
             than
             since
             the
             Councell
             of
             Constance
             ,
             
             by
             reason
             that
             the
             question
             was
             not
             yet
             on
             foot
             ,
             and
             they
             never
             thought
             of
             resolving
             i●
             in
             expresse
             termes
             .
             Yet
             this
             was
             the
             opinion
             of
             the
             first
             Councell
             of
             Pisa
             ,
             which
             was
             holden
             before
             that
             of
             Constance
             ,
             which
             deposed
             two
             Popes
             at
             one
             time
             ,
             and
             created
             another
             in
             ●●ed
             of
             those
             two
             ,
             who
             was
             acknowledged
             for
             a
             true
             Pope
             ,
             namely
             Alexander
             the
             fifth●
             And
             for
             the
             fact
             ,
             heare
             what
             Naucler●●
             saith
             of
             it
             ;
             
             
               It
               was
               disputed
               a
               long
               time
               at
               the
               Councell
               of
            
             Pisa
             
               about
               the
               pretended
               deposition
               of
               the
               Popes
               :
               principally
               by
            
             Lawrence
             de
             Rodul●is
             ,
             
               Doctour
               in
               both
               Lawes
               ,
               and
               Professour
               at
            
             Florence
             :
             
               to
               wit
               ,
               whether
               ,
               supposing
               it
               for
               true
               that
               the
               two
               Popes
               scandalized
               the
               Church
               by
               the
               open
               violation
               of
               their
               oathes
               ,
               and
               of
               the
               vow
               which
               they
               had
               made
               for
               the
               union
               of
               the
               Church
               ,
               considering
               they
               had
               no
               regard
               of
               it
               ,
               but
               by
               mutuall
               collusion
               did
               dissemble
               it
               ,
               and
               that
               a
               most
               wicked
               schisme
               is
               very
               harmefull
               to
               the
               Church
               :
               Whether
               (
               I
               say
               )
               the
               Cardinals
               might
               call
               a
               Councell●
               and
               both
               Popes
               ,
               being
               cited
               to
               the
               Councell
               and
               not
               appearing
               ,
               but
               persisting
               in
               their
               contum●●y
               ,
               might
               be
               deposed
               ;
               and
               whether
               they
               might
               proceed
               to
               the
               election
               of
               another
               .
               Whereupon
               after
               a
               long
               dispute
               ,
               in
               the
               presence
               of
               many
               Doctours
               of
               Divinity
               and
               both
               the
               Lawes
               ,
               it
               was
               at
               last
               resolv'd
               without
               contradiction
               ,
               they
               all
               being
               of
               the
               same
               minde
               ,
               that
               it
               might
               be
               lawfully
               and
               Canonically
               done
               .
            
          
           
             3
             As
             for
             that
             of
             Constance
             the
             formall
             Decrees
             of
             it
             are
             extant
             in
             the
             fourth
             and
             fifth
             Sessions
             ;
             
             
               The
               holy
               and
               Generall
               Councell
               of
            
             Constance
             ,
             
               doth
               ordai●●
               and
               declare
               ,
               that
               a
               Synod
               lawfully
               called
               in
               the
               name
               of
               the
               holy
               Ghost
               ,
               making
               a
               Generall
               Councell
               ,
               and
               repre●enting
               the
               Catholique
               Church
               militant
               ,
               h●●h
               it●
               power
               immediatly
               from
               Christ
               ,
               to
               which
               every
               one
               is
               bound
               to
               obey
               in
               what
               estate
               or
               dignity
               soever
               he
               bee
               set
               ,
               though
               it
               bee
               in
               the
               Papall
               ,
               forasmuch
               as
               concerne●
               faith●
               the
               extirpation
               of
               Schisme
               ,
               the
               generall
               reformation
               of
               the
               Church
               of
               God
               both
               in
               the
               Head
               and
               members
               .
            
             This
             i●
             the
             former
             Decree
             ,
             but
             the
             s●●ond
             is
             yet
             more
             expresse
             ;
             
               Item
               ,
               it
               declares
               that
               whosoever
               shall
               neglect
               to
               obey
               the
               commands
               ,
               statutes
               ,
               ordinances
               ,
               or
               decrees
               of
               this
               ●acred
               Synod●
               or
               of
               any
               other
               Generall
               Councell
               lawfully
               assembled
               ,
               in
               the
               things
               aforesaid
               ,
               〈◊〉
               others
               t●●●●to
               appertaining
               ,
               
               made
               or
               to
               bee
               made
            
             ;
             
             
               if
               hee
               doe
               not
               repent
               of
               it
               ,
               hee
               shall
               undergoe
               a
               condigne
               penance
               ,
               and
               shall
               be
               severally
               punished
               ;
               yea
               and
               that
               with
               recourse
               ,
               if
               need
               requ●●e
               ,
               to
               other
               remedies
               of
               law
               against
               him
               ,
               〈…〉
               estate
               ,
               or
               dignity
               soever
               hee
               bee
               ,
               though
               he
               be
               Pope
               .
            
             These
             Decrees
             were
             confirmed
             by
             the
             Councell
             of
             Basil
             ,
             and
             inserted
             ●ord
             for
             word
             in
             the
             second
             Session
             held
             in
             the
             year
             1431
             ,
             and
             againe
             in
             the
             sixteenth
             and
             eighteenth
             Sessions
             ,
             in
             the
             year
             1434
             ,
             and
             in
             the
             thirty
             third
             Session
             ,
             holden
             1439.
             
             The
             Councell
             holden
             at
             Bourges
             in
             our
             Realme
             of
             France
             ,
             under
             〈◊〉
             the
             seve●●●
             ,
             in
             the
             yea●e
             1438
             ,
             confirmed
             the
             same
             Decree
             and
             transcribed
             it
             verbatim●
             into
             the
             Pragmatique
             Sanction
             .
          
           
             4
             There
             was
             another
             Generall
             Councell
             holden
             at
             the
             City
             of
             Lausanne
             ,
             in
             the
             year
             1449
             ,
             where
             Pope
             Felix
             ab●ured
             the
             Popedome●
             and
             Pope
             Nicholas
             the
             fifth
             was
             confirmed
             in
             his
             place
             .
             The
             Acts
             of
             that
             Councell
             ,
             which
             was
             a
             Generall
             one
             ,
             contain
             only
             foure
             pieces
             ,
             to
             wit●
             the
             renouncing
             of
             the
             Popedome
             by
             Pope
             Felix●
             a
             general
             absolution
             of
             excommunication
             ,
             the
             new
             creation
             of
             Pope
             Nicholas
             the
             fifth
             ,
             and
             the
             dissolving
             of
             the
             Councel
             :
             Whence
             I
             have
             extracted
             these
             ensuing
             places
             ,
             which
             serve
             for
             this
             purpose
             .
             In
             the
             first
             Act
             ;
             
               Wherefore
               there
               is
               need
               of
               strong
               and
               ready
               succours
               ,
               forasmuch
               as
               the
               authority
               of
               sacred
               Generall
               Councels
               ,
               now
               more
               stirred
               than
               ever
               ,
               doth
               not
               onely
               shake
               ,
               but
               is
               already
               borne
               downe
               to
               the
               ground
               .
               For
               the
               decision
               of
               the
               Sacred
               Councel
               of
            
             Constance
             ,
             
               which
               ought
               never
               to
               be
               forgotten
               ,
               is
               not
               yet
               quite
               o●t
               of
               memory
               ,
               to
               wit
               ;
               ●o
               wit
               ,
               that
               a
               holy
               Synod
               lawfully
               called
               in
               the
               name
               of
               the
               Holy
               Ghost
               ,
               making
               a
               Generall
               Councell●
               and
               repre●enting
               the
               Catholique
               Church
               militant
               ,
               hath
               its
               power
               immediately
               from
               Christ
               ,
               to
               which
               every
               one
               is
               bound
               to
               obey
               in
               what
               estate
               or
               dignity
               soever
               hee
               bee
               set
               ,
               though
               it
               bee
               the
               Pope
               ;
               for
               as
               much
               〈◊〉
               concernes
               faith
               ,
               the
               extirp●tion
               of
               Schisme
               ,
               and
               the
               generall
               reformation
               of
               the
               Church
               of
               God
               ,
               both
               in
               the
               Head
               and
               the
               members
               .
            
             ●o
             the
             creation
             of
             Pope
             Nicholas
             't
             is
             said
             ,
             
               To
               set
               the
               holy
               Church
               of
               God
               a●
               peace
               and
               union
               ,
               wee
               have
               directed
               our
               petition
               to
               the
               person
               of
            
             Thomas
             ,
             
               the
               welbeloved
               sonne
               of
               the
               Church
               ,
               called
            
             Nicholas
             
               the
               fift
               in
               his
               obedience
               hopeing
               that
               he
               will
               doe
               what
               on●
               that
               is
               to
               be
               Pope
               ought
               to
               do
               ,
               having
               understood
               by
               credible
               information
               ,
               that
               he
               beleeves
               and
               followes
               that
               which
               is
               truth
               ,
               for
               the
               preservation
               &
               upholding
               of
               the
               authority
               of
               Sacred
               Councels
               ,
               so
               as
               it
               was
               determined
               &
               declared
               at
               the
               most
               sacred
               Synod
               of
            
             Constance
             ,
             
               &
               renewed
               at
               the
               holy
               Councel
               of
            
             Basil●
             
               &
               received
               ,
               preached
               and
               dogmatically
               delivered
               by
               the
               Prelats
               ,
               Kings
               ,
               Princes
               ,
               and
               Vniversities
               of
               the
               earth
               :
               to
               wit
               ,
               that
               a
               generall
               Synod
               lawfully
               called
               in
               the
               name
               of
               the
               Holy
               Ghost
               ,
               making
               a
               Generall
               Councell
               ,
            
             &c.
             
             Which
             is
             the
             Decree
             of
             the
             Councel
             of
             Constance
             at
             large
             ,
             as
             it
             was
             above
             rehearsed
             .
          
           
             5
             In
             the
             year
             1512
             there
             was
             another
             Generall
             Councell
             holden
             in
             the
             city
             of
             Pisa
             ,
             afterwards
             removed
             t●
             Milan
             ,
             where
             these
             same
             Decrees
             of
             the
             Councels
             of
             Basil
             and
             Constance
             were
             afterwards
             confirmed●
             So
             saith
             King
             Lewes
             the
             twelfth
             in
             his
             letters
             paten●s
             dated
             the
             16
             of
             Iune
             1512.
             verified
             in
             the
             Court
             of
             Parliament
             ,
             containing
             an
             approbation
             of
             the
             said
             Councell
             ;
             together
             with
             his
             letters
             written
             to
             the
             Vniversity
             of
             Paris
             ,
             containing
             an
             exhortation
             and
             injunction
             to
             them
             to
             examine
             the
             booke
             of
             
               Thomas
               de
               Vi●
               Cajetano
            
             ,
             intitled
             
               De
               comparatione
               authoritatis
               Papae
               &
               Concilii
               ,
            
             which
             hee
             had
             writ
             against
             the
             Councels
             of
             
               Constance
               ,
               Basil
            
             ,
             and
             the
             second
             of
             Pisa
             :
             and
             likewise
             against
             
               Iohn
               Gerson
            
             Chancelour
             of
             Paris
             .
             But
             there
             is
             no
             need
             of
             seeking
             proofes
             abroad
             ,
             considering
             that
             the
             very
             Acts
             of
             the
             Councel
             it selfe
             do
             sufficiently
             prove
             it
             .
             See
             here
             the
             Decrees
             of
             it
             contained
             in
             the
             third
             Se●●ion
             ;
             
               The
               holy
               Generall
               Synod
               of
            
             Pisa
             
               lawfully
               assembled
               in
               the
               name
               of
               the
               Holy
               Ghost
               ,
               making
               the
               Councel
               General
               ,
               and
               representing
               the
               Church
               Catholique
               ,
               doth
               ordaine
               and
               declare
               as
               followeth
               ;
               First
               that
               his
               holy
               Synod
               ,
               nor
               shall
               ,
               nor
               can
               be
               dissolved
               ,
               till
               such
               time
               as
               the
               Church
               Vniversall
               be
               reformed
               in
               faith
               and
               
               manners
               ,
               as
               well
               the
               Head
               as
               the
               members
               :
            
             
             
               and
               till
               the
               heresies
               and
               schismes
               which
               are
               a
               growing
               be
               extinguished
               :
               till
               the
               warres●
               which
               are
               a
               preparing
               amongst
               Christians
               ,
               be
               accorded
               .
               Yet
               notwithstanding
               for
               the
               continuation
               of
               it
               ,
               it
               may
               be
               removed
               to
               a
               place
               of
               safety
               by
               the
               common
               consent
               of
               the
               fathers
               ;
               especially
               with
               our
               most
               holy
               Father
               the
               Pope
               ,
               if
               he
               can
               bee
               got
               to
               agree
               thereunto●
               alwaies
               provided
               that
               it
               bee
               not
               to
            
             Rome
             ,
             
               it
               being
               notorious
               that
               it
               cannot
               bee
               in
               safety
               there
               .
               It
               further
               ordaines
               that
               the
               Canons
               of
               the
               holy
               Councell
               of
            
             Constance
             
               here
               underwritten
               ,
               contained
               in
               the
               fifth
               Session
               thereof
               ,
               shall
               be
               strictly
               obs●rved
               and
               kept
               in
               the
               same
               manner
               that
               they
               lye
               ,
               and
               that
               the
               contents
               of
               them
               shall
               be
               inserted
               into
               this
               Decree
               ,
               and
               shall
               be
               holden
               by
               all
               men
               as
               most
               true
               ,
               as
               they
               here
               follow
               .
               First
               the
               holy
               Synod
               lawfully
               assembled
               ,
               making
               a
               Generall
               Councell
               ,
               &c.
               
               Item
               ,
               in
               the
               second
               place
               it
               declares
               that
               if
               any
               man
               ,
               of
               what
               condition
               ,
               estate
               ,
               and
               dignity
               soever
               he
               bee
               ,
               though
               it
               be
               the
               Pope
               himself
               ,
               shall
               with
               contumacy
               neglect
               to
               obey
               the
               edicts
               ,
               ordinances
               ,
               and
               commands
               of
               this
               sacred
               S●nod
               ,
            
             &c.
             
             These
             two
             Decre●s
             are
             there
             inserted
             at
             large
             ,
             but
             we
             have
             here
             cut
             them
             short
             because
             they
             are
             set
             downe
             before
             .
          
           
             6
             And
             forasmuch
             as
             our
             adversaries
             in
             this
             point
             make
             such
             a
             great
             matter
             of
             the
             Popes
             authoritie
             and
             confirmation
             ,
             ●nd
             place
             the
             true
             validitie
             of
             Councels
             in
             that
             ,
             we
             shall
             make
             it
             appeare
             that
             it
             came
             in
             at
             these
             Generall
             Councels
             ,
             either
             in
             the
             convocation
             ,
             or
             the
             presi●ence
             ,
             or
             the
             approbation
             .
             As
             for
             the
             first
             of
             Pisa
             where
             the
             roots
             and
             foundation
             of
             this
             maxime
             were
             laid●
             heare
             what
             Pope
             Alexand●r
             the
             fift
             said
             of
             it
             a
             little
             before
             ●is
             death
             :
             
             
               That
               he●
               thought
               and
               beleev●d
               that
               all
               that
               was
               ordained
               at
               the
               Councell
               of
            
             Pisa
             
               was
               just
               and
               right
               ,
               and
               void
               of
               all
               fraud
               and
               deceit
               .
               Naucleru●
            
             reporteth
             the
             same
             words
             .
             Pope
             Al●xand●r
             
               the
               fift
            
             (
             saith
             h●
             )
             
               tow●rd●
               the
               end
               of
               the
               first
               yeare
               of
               his
               Pope●ship
               ,
            
             
             
               beganne
               to
               finde
               himselfe
               very
               ill
               ;
               and
               perceiving
               death
               to
               draw
               n●are
               hee
               called
               the
               Cardinals
               ,
               protesting
               unto
               them
               by
               that
               death
               whi●h
               hee
               saw
               b●●or●●is
               eyes
               ,
               which
               he
               did
               no
               way
               feare
               ,
               as
               being
               confident
               of
               his
               good
               life
               ,
               that
               hee
               verily
               thought
               and
               beleeved
               that
               at
               the
               Councell
               of
            
             Pisa
             
               all
               things
               were
               well
               de●reed
               ,
               and
               with
               integritie
               of
               heart
               ,
               without
               any
               fraud
               or
               deceit
               .
            
          
           
             7
             That
             of
             Constance
             was
             called
             by
             Iohn
             the
             twenty
             third
             ,
             a
             lawfull
             Pope
             ,
             as
             it
             is
             agreed
             on
             all
             sid●s
             .
             His
             Bull
             of
             Convocation
             is
             inserted
             at
             large
             in
             th●
             first
             Session
             of
             the
             Acts
             of
             the
             Councell
             :
             he
             himselfe
             also
             di●
             preside
             the●e●
             as
             it
             is
             said
             in
             the
             Preface
             .
             It
             is
             true
             that
             by
             reason
             of
             the
             accusation
             which
             was
             a
             brewing
             against
             him
             ,
             he
             tooke
             him
             to
             his
             heeles
             without
             bidding
             adie●
             :
             and
             being
             cond●mn'd
             and
             deposed
             by
             the
             Councell
             for
             many
             crimes
             by
             him
             committed
             ,
             himselfe
             approved
             this
             condemnation
             ,
             
             as
             it
             is
             to
             be
             seen
             in
             the
             A●ts
             of
             the
             Councell
             ,
             and
             confirmed
             by
             the
             testimony
             of
             
               Platina
               .
               Martin
            
             the
             fift
             being
             cr●at●d
             in
             his
             stead
             ,
             confirm'd
             the
             Decrees
             and
             Determinations
             of
             that
             same
             Councell
             ,
             as
             't
             is
             avouch'd
             in
             the
             last
             Session
             .
          
           
             8
             The
             Councell
             of
             Basil
             was
             called
             by
             Pope
             Martin
             the
             fift
             ,
             
             as
             it
             is
             apparent
             by
             his
             Bull
             ,
             and
             being
             not
             able
             to
             goe
             thither
             himselfe
             by
             reason
             of
             his
             age
             ,
             he
             sent
             his
             procuration
             to
             Cardinall
             Iulian
             to
             preside
             in
             his
             place
             :
             which
             was
             afterwards
             continued
             by
             Martins
             successour
             Eugenius
             the
             fourth
             .
             The
             same
             Eugenius
             confirmed
             the
             foresaid
             Decree
             of
             the
             Councels
             of
             Constance
             and
             Basil
             in
             expresse
             termes
             ,
             as
             is
             cleare
             from
             the
             sixteenth
             and
             eighteenth
             Sessions
             .
             
             Pope
             Nicholas
             the
             fift
             confirmed
             also
             the
             said
             Councels
             of
             Basil
             and
             Lausanne
             ,
             as
             appeares
             by
             his
             Bull.
             Thus
             much
             of
             Popes
             .
          
           
             9
             As
             for
             Doctours
             and
             Commentators
             both
             in
             Divinity
             and
             in
             either
             Law
             ,
             there
             are
             abundance
             which
             ,
             either
             in
             expectation
             of
             some
             Bishoprique
             or
             Benefice
             ,
             or
             because
             they
             were
             the
             Popes
             mercenaries
             ,
             have
             ascribed
             as
             much
             power
             unto
             them
             in
             their
             writings
             as
             ever
             they
             desired
             ,
             yea
             more
             than
             ever
             they
             durst
             arrogace
             unto
             themselves
             :
             but
             yet
             there
             are
             others
             beside
             that
             have
             refuted
             their
             errours
             ,
             and
             have
             taught
             the
             pure
             tr●th
             ,
             maintaining
             the
             libe●ty
             of
             
             Councels
             ,
             
             and
             their
             authoritie
             over
             Popes
             .
             Such
             are
             the
             a
             Cardinall
             of
             Cambray
             ,
             Cardinall
             b
             Cusan
             ,
             the
             Cardinall
             of
             c
             Florence
             ,
             the
             Bishop
             of
             d
             Calis
             ,
             the
             Bishop
             of
             e
             Panormo
             ,
             Mr.
             
               Iohn
               Gerson
            
             Chancelour
             of
             the
             Vniversity
             of
             Paris
             ,
             f
             Iames
             g
             Almain
             Doctor
             of
             the
             
               Sorbon
               ,
               William
            
             h
             Okkam
             ,
             i
             Marsilius
             of
             Padua
             ,
             k
             Herman
             the
             Monke
             ,
             l
             
               Iames
               Paradise
            
             of
             Chartres
             ,
             m
             Ioannes
             of
             Paris
             Doctor
             of
             Divinity
             of
             the
             Order
             of
             Predicants
             ,
             n
             Immola
             ,
             o
             
               Ludovicus
               Romanus
            
             ,
             p
             Gregory
             of
             Heimburg
             ,
             q
             William
             of
             Montferrat
             ,
             r
             Vincentius
             in
             his
             allegations
             ,
             and
             many
             more
             .
          
        
         
           
             CHAP.
             VI.
             The
             opinions
             of
             Vniversities
             touching
             the
             authority
             of
             Councels
             ,
             and
             the
             approbation
             of
             Princes
             and
             Provinces
             .
          
           
             1
             THe
             most
             famous
             Vniversities
             of
             Germany
             and
             Poland
             have
             also
             given
             their
             opinions
             upon
             this
             point
             ,
             consonant
             to
             the
             Decrees
             of
             the
             foresaid
             Councels
             :
             and
             that
             at
             the
             very
             time
             when
             the
             Princes
             of
             Germany
             for
             the
             good
             will
             they
             bore
             to
             Eugenius
             ,
             resolved
             to
             carry
             themselves
             neuters
             ,
             as
             in
             conclusion
             they
             did
             .
             The
             said
             Vniversities
             withstood
             this
             neutrality
             stoutly
             and
             strongly
             ;
             laying
             this
             for
             a
             ground
             ,
             that
             a
             Councel
             is
             above
             the
             Pope
             :
             which
             they
             prove
             by
             many
             reasons
             and
             authorities
             :
             and
             therefore
             seeing
             Pope
             Eugenius
             was
             deposed
             by
             the
             Councell
             of
             Basil
             ,
             and
             Felix
             the
             fift
             elected
             in
             his
             place
             ,
             that
             therefore
             the
             first
             must
             be
             rejected
             as
             schismaticall
             ,
             and
             the
             last
             obeyed
             as
             legitimate
             .
             King
             Charles
             the
             seventh
             favoured
             Eugenius
             likewise
             ,
             but
             so
             as
             that
             he
             professeth
             he
             will
             stand
             to
             the
             Decrees
             of
             the
             Councell
             of
             Basil
             above
             all
             ,
             (
             as
             
               Nicholas
               Clemangiis
            
             tels
             us
             )
             as
             did
             also
             the
             Princes
             of
             Germany
             .
             But
             let
             us
             heare
             what
             the
             Vniversities
             say
             of
             the
             power
             of
             Councels
             ,
             as
             for
             the
             other
             heads
             of
             their
             answers
             ,
             wee
             shall
             forbeare
             from
             relating
             of
             them
             by
             reason
             of
             their
             prolixity
             .
          
           
             2
             The
             Vniversity
             of
             Cullen
             ,
             being
             required
             by
             Theodorus
             Archbishop
             of
             that
             Citie
             ,
             to
             let
             him
             know
             what
             they
             thought
             of
             it
             ,
             made
             a
             litle
             tract
             ,
             some
             pieces
             wherof
             we
             will
             here
             set
             downe
             .
             
               The
               first
               proposition
               is
               ,
               The
               Church
               Synodically
               assembled
               ,
               hath
               supreme
               jurisdiction
               upon
               earth
               ,
               to
               which
               every
               member
               therof
               ought
               to
               obey
               ,
               of
               what
               dignity
               soever
               he
               be
               ,
               though
               it
               be
               Papall
               :
               which
               no
               man
               can
               dissolve
               or
               remove
               without
               their
               Synodicall
               consent
               .
               This
               is
               proved
               by
               the
               Decrees
               of
               the
               Councell
               of
               Constance
               and
               Basil.
               The
               first
               part
               is
               grounded
               upon
               that
               in
               the
               18
               of
               St.
               Matthews
               Gospel
               ;
               Tell
               
               it
               unto
               the
               Church
               .
               Where
               (
               as
               it
               is
               collected
               from
               that
               which
               follows
               )
               is
               signified
               the
               power
               of
               jurisdiction
               given
               to
               the
               Church
               Synodically
               assembled
               .
               
               And
               there
               are
               many
               good
               writings
               upon
               that
               subject
               ,
               and
               divers
               ●estimonies
               of
               Scripture
               ,
               whereby
               that
               truth
               of
               the
               Councels
               of
               Constance
               and
               Basil
               is
               confirmed
               .
               There
               have
               been
               infinite
               books
               and
               treatises
               writ
               of
               it
               already
               .
               The
               second
               part
               is
               cleare
               ,
               inasmuch
               as
               the
               sonne
               ,
               the
               servant
               ,
               the
               Scholar
               ,
               is
               bound
               to
               obey
               his
               mother
               ,
               his
               maist●r
               ,
               his
               schoolmaister
               :
               but
               the
               Church
               is
               the
               mother
               ,
               the
               mistresse
               ,
               and
               the
               pedagogue
               of
               all
               the
               faithful
               in
               Christ
               ,
               of
               which
               number
               the
               Pope
               is
               one
               ,
               though
               he
               be
               the
               eldest
               sonne
               ,
               and
               the
               chief
               servant
               :
               styling
               himself
               ,
               not
               in
               a
               feigned
               humility
               ,
               but
               in
               a
               Catholique
               verity
               Christs
               Servants
               Servant
               ,
               and
               the
               principall
               among
               all
               the
               other
               disciples
               of
               the
               faith
               .
               So
               then
               he
               is
               set
               as
               the
               rectour
               ,
               pastour
               ,
               and
               Doctour
               of
               the
               rest
               of
               the
               faithfull
               of
               Christ
               ,
               in
               Christs
               corporall
               absence
               ,
               who
               is
               alwayes
               mystically
               and
               spiritually
               present
               :
               and
               by
               Christ
               the
               spouse
               of
               the
               Church
               ,
               the
               father
               ,
               lord
               ,
               and
               maister
               of
               the
               faithfull
               ,
               by
               the
               authority
               of
               Christ
               ,
               and
               of
               the
               Church
               his
               wife
               and
               Spouse
               ;
               which
               is
               another
               new
               Eve
               ,
               sacramentally
               taken
               out
               of
               the
               side
               of
               the
               new
               Adam
               sleeping
               upon
               the
               crosse
               ,
               and
               joyned
               in
               mar●iage
               with
               him
               ,
               as
               th'Apostle
               witnesseth
               .
               This
               is
               a
               great
               sacrament
               ,
               betwixt
               Christ
               and
               the
               Church
               ,
               not
               betwixt
               Christ
               and
               the
               Pope
               .
               Whence
               it
               is
               easie
               to
               shew
               that
               the
               Church
               Synodically
               assembled
               is
               a
               judiciall
               consistory
               ,
               and
               supreme
               over
               all
               the
               faithfull
               of
               Christ.
               And
               from
               hence
               also
               the
               third
               part
               of
               the
               conclusion
               is
               evident
               ;
               inasmuch
               as
               no
               party
               can
               transferre
               or
               dissolve
               the
               Iudges
               Seat
               at
               his
               pleasure
               .
               For
               if
               the
               Pope
               had
               this
               power
               ,
               he
               should
               bee
               above
               not
               under
               the
               Church
               ,
               using
               not
               a
               mere
               borrowed
               power
               of
               the
               Apostolique
               keyes
               ,
               but
               an
               absolute
               free
               Princedome
               ,
               a
               jurisdiction
               belonging
               to
               himselfe
               .
               And
               hee
               should
               not
               bee
               only
               the
               Pastour
               and
               steward
               over
               the
               sheep
               and
               lambes
               of
               Christ
               ,
               but
               the
               King
               and
               Pastour
               of
               his
               owne
               sheep
               ,
               against
               that
               which
               is
               said
               in
               the
               last
               of
               St.
               Iohns
               Gospel
               ,
               Feed
               my
               sheep
               :
               hee
               ●aith
               not
               feed
               ,
               thine
               own
               .
               Besides
               ,
               if
               the
               part
               had
               power
               over
               the
               whole
               ,
               the
               thing
               contained
               over
               the
               continent
               ,
               the
               particular
               badnesse
               of
               the
               Pope
               might
               oversway
               the
               universall
               good
               of
               the
               Churches
               intention
               ,
               and
               the
               Popes
               pleasure
               should
               be
               a
               law
               to
               the
               whole
               Church
               .
               And
               that
               Church
               ,
               which
               in
               one
               of
               the
               Articles
               of
               our
               Creed
               we
               beleeve
               to
               bee
               holy
               ,
               built
               upon
               the
               immoveable
               rocke
               of
               our
               Christian
               faith
               ,
               should
               be
               made
               subject
               to
               a
               moving
               ,
               to
               a
               moveable
               and
               erring
               Prince
               ;
               against
               which
               (
               saith
               Saint
               .
               Ierom
               )
               neither
               vices
               nor
               heresies
               ,
               which
               are
               meant
               by
               the
               gates
               of
               Hell
               ,
               shall
               ever
               prevaile
               .
            
          
           
             3
             The
             Vniversity
             of
             Erford
             was
             of
             the
             same
             opinion
             ,
             and
             gave
             the
             same
             advice
             concerning
             the
             receiving
             and
             approbation
             of
             the
             Councel
             of
             Basil
             ,
             which
             they
             directed
             to
             Theodorus
             Archbishop
             of
             Mentz
             in
             the
             year
             1440
             :
             we
             will
             here
             set
             downe
             some
             passages
             of
             it
             ;
             
               Now
               it
               is
               fitting
               to
               set
               which
               of
               the
               two
               ought
               to
               bee
               obeyed
               ,
               whether
            
             Eugenius
             
               or
               the
               holy
               Councel
               :
               having
               shewed
               the
               validity
               and
               subs●stence
               of
               the
               Councel
               of
            
             Basil
             ,
             
               the
               superiority
               and
               preeminence
               of
               the
               Councel
               is
               proved
               thus
               .
               Although
               the
               Pope
               or
               supreme
               Bishop
               bee
               so
               the
               principall
               part
               of
               the
               Church
               ,
               or
               in
               the
               Church
               ,
               that
               there
               is
               no
               one
               member
               of
               the
               said
               Church
               or
               particular
               councel
               ,
               greater
               or
               more
               principal
               than
               he
               ,
               nor
               indeed
               so
               great
               as
               he
               is
               avowed
               and
               acknowledged
               to
               be
               by
               all
               those
               that
               have
               treated
               of
               the
               power
               of
               the
               Pope
               .
               Yet
               no
               Catholique
               ,
               that
               will
               understand
               the
               ma●ter
               ,
               can
               e●er
               doubt
               but
               that
               the
               whole
               Church
               ,
               or
               a
               firme
               and
               subsistant
               Generall
               Councel
               ,
               〈◊〉
               greater
               than
               he
               ,
               and
               his
               superiour
               in
               matters
               that
               concerne
               faith
               ,
               or
               the
               extirpation
               of
               schismes
               ,
               or
               the
               generall
               reformation
               of
               manners
               .
               For
               this
               was
               determined
               by
               the
               authority
               of
               the
               Church
               Catholique
               at
               the
               sacred
               Councell
               of
            
             Constance
             ,
             
               and
               confirmed
               at
               the
               holy
               Synod
               of
            
             Sens
             
               and
               of
            
             Basil
             ,
             
               in
               these
               words
               ;
               That
               a
               Synod
               lawfully
               assembled
               ,
               in
               the
               name
               of
               the
               holy
               Ghost
               ,
               making
               a
               Generall
               Councell
               ,
               
               and
               representing
               the
               Church
               militant
               ,
            
             
             
               hath
               its
               power
               immediatly
               from
               Christ
               ,
               to
               which
               every
               one
               is
               bound
               to
               obey
               ,
               of
               what
               estate
               or
               dignity
               soever
               hee
               be
               ,
               though
               he
               be
               Pope
               ,
               in
               matters
               which
               concerne
               ,
            
             &c.
             
             
               And
               although
               this
               declaration
               of
               the
               Catholique
               Church
               might
               suffice
               alone
               to
               prove
               the
               supreme
               authority
               of
               sacred
               Councels
               upon
               earth
               :
               yet
               notwithstanding
               ,
               for
               the
               greater
               confirmation
               of
               what
               hath
               been
               spoken
               ,
               That
               the
               rest
               of
               the
               body
               of
               the
               Church
               (
               excluding
               the
               Pope
               ,
               if
               he
               bee
               contrary
               to
               it
               )
               hath
               this
               authority
               ,
               there
               may
               be
               brought
               both
               reason
               ,
               and
               experience
               ,
               and
               authority
               .
               In
               the
               first
               place
               ,
               reason
               teacheth
               us
               ,
            
             &c.
             
             After
             they
             have
             proved
             this
             in
             manner
             aforesaid
             ,
             at
             last
             they
             conclude
             in
             this
             sort
             .
             
               Considering
               then
               that
               all
               General
               Councels
               are
               grounded
               upon
               such
               authority
               ,
               that
               if
               they
               be
               assembled
               about
               faith
               &
               reformation
               of
               manners
               ,
               &
               that
               which
               belongs
               thereunto
               ,
               every
               man
               from
               the
               least
               to
               the
               greatest
               is
               bound
               to
               obey
               them
               :
               as
               also
               considering
               they
               cannot
               erre
               ,
               and
               that
               the
               sacred
               Councel
               of
            
             Basil
             
               continues
               firme
               and
               undoubted
               untill
               this
               day
               ,
               as
               hath
               beene
               proved
               .
               From
               hence
               three
               things
               are
               inferred
               :
               First
               ,
               That
               if
               a
               General
               Councell
               and
               the
               Pope
               ,
               though
               hee
               bee
               truely
               and
               reallie
               Pope
               ,
               be
               at
               variance
               ,
               and
               command
               contrary
               things
               ,
               the
               most
               illustrious
               Princes
               Electours
               ,
               and
               all
               other
               Christians
               ought
               and
               are
               bound
               to
               obey
               the
               Councel
               and
               leave
               the
               Pope
               .
               The
               second
               ,
               that
               the
               sacred
               Councell
               of
            
             Basil
             
               and
               Pope
            
             Eugenius
             
               that
               was
               ,
               commanding
               contrary
               things
               ,
               they
               are
               bound
               to
               yeeld
               obedience
               to
               that
               sacred
               Councel
               and
               not
               to
            
             Eugenius
             :
             
               Yea
               to
               account
               him
               no
               Pope
               ,
               seeing
               the
               Councel
               had
               power
               to
               proceed
               to
               the
               deposing
               of
               him
               for
               his
               disobedience
               .
               The
               third
               ,
               that
               they
               are
               bound
               to
               obey
               the
               most
               holy
               Pope
            
             Felix
             ,
             
               who
               was
               chosen
               by
               the
               Councell
               .
            
          
           
             4
             The
             counsell
             and
             advice
             which
             the
             Vniversity
             of
             Vienna
             gave
             to
             the
             Archbishop
             and
             Metropolitan
             of
             Salizburg
             ,
             upon
             his
             request
             made
             unto
             them
             ,
             is
             conformable
             to
             the
             former
             .
             
               To
               the
               second
               ,
               namely
               whether
               the
               holy
               Councell
               of
            
             Basil
             
               had
               full
               power
               to
               proceed
               against
            
             Eugenius
             ,
             
               and
               to
               depose
               him
               and
               create
               another
               ,
               it
               is
               answer'd
               ;
               That
               the
               holy
               Ghost
               hath
               openly
               declared
               by
               the
               Organ
               of
               the
               sacred
               Councel
               of
            
             Constance
             ,
             
               that
               the
               Church
               ,
               and
               a
               holy
               Councell
               wh●ch
               represents
               it
               ,
               hath
               such
               a
               power
               over
               any
               man
               whatsoever
               he
               be
               ,
               although
               he
               be
               placed
               in
               Papall
               dignity
               .
            
             Afterwards
             they
             adde
             the
             Decree
             of
             the
             said
             Councell
             which
             hath
             beene
             here
             alledged
             already
             ;
             together
             with
             another
             of
             the
             same
             Councell
             ,
             made
             against
             those
             that
             doe
             not
             obey
             the
             commandements
             thereof
             ,
             though
             they
             be
             placed
             in
             dignity
             Papall
             .
             And
             in
             another
             place
             't
             is
             said
             ,
             
               It
               followes
               then
               that
               the
               Holy
               Ghost
               is
               there
               ,
               (
               at
               the
               General
               Councel
               )
               but
               not
               as
               a
               subject
               ,
               but
               as
               a
               supreme
               President
               ,
               from
               whom
               it
               is
               not
               lawfull
               for
               any
               of
               the
               faithfull
               to
               make
               appeal
               ,
               and
               by
               consequent
               not
               from
               the
               Councel
               neither
               ,
               forasmuch
               as
               concernes
               the
               Articles
               ,
               wherein
               it
               is
               certaine
               the
               Councell
               is
               governed
               by
               him
               ,
               and
               that
               hee
               presides
               there
               by
               a
               speciall
               grace
               and
               lustre
               :
               to
               wit
               ,
               in
               what
               concernes
               faith
               ,
               the
               extirpation
               of
               schismes
               ,
               and
               the
               reformation
               of
               the
               Head
               and
               the
               members
               .
               How
               can
               it
               be
               otherwise
               but
               an
               open
               contempt
               of
               the
               majesty
               of
               God
               ,
               and
               almost
               a
               piece
               of
               Idolatrie
               to
               appeale
               from
               a
               Councel
               to
               the
               Pope
               in
               such
               cases
               ?
               what
               is
               it
               else
               but
               to
               appeale
               from
               God
               himselfe
               ,
               who
               is
               confessed
               to
               preside
               in
               a
               sacred
               Councell
               for
               such
               things
               ,
               unto
               a
               meere
               man
               ?
               and
               to
               take
               the
               power
               of
               judging
               from
               God
               the
               Creator
               ,
               and
               devolve
               it
               upon
               a
               man
               ?
               what
               is
               it
               else
               but
               to
               preferre
               a
               man
               before
               God
               as
               a
               more
               just
               Iudge
               than
               he
               ?
            
          
           
             5
             The
             Vniversity
             of
             Cracovia
             gave
             also
             their
             advice
             and
             counsell
             concerning
             this
             point
             unto
             Ladislaus
             King
             of
             Poland
             and
             Hungary
             ,
             consonant
             unto
             the
             former
             ,
             but
             farre
             more
             large
             ,
             containing
             some
             very
             prety
             reasons
             to
             prove
             that
             the
             Pope
             is
             inferiour
             to
             a
             Councell
             ;
             out
             of
             which
             wee
             shall
             bring
             onely
             some
             passages
             to
             make
             it
             appeare
             what
             their
             resolution
             was
             .
             First
             of
             all
             it
             is
             said
             ,
             
               That
               a
               Generall
               Councell
               representing
               the
               Church
               Catholique
               ,
               is
               a
               rule
               directed
               by
               the
               Holy
               Ghost
               ,
               and
               given
               by
               Christ
               Iesus
               ,
               which
               every
               one
               is
               
               bound
               to
               hear
               and
               obey
               ,
               
               of
               what
               estate
               and
               condition
               soever
               he
               be
               ,
               although
               he
               be
               a
               Pope
               .
            
             And
             in
             another
             place
             .
             
               Whence
               it
               followes
               ,
               that
               the
               Pope
               is
               not
               head
               of
               the
               Catholique
               Church
               nor
               of
               a
               Generall
               Councell
               which
               represents
               it
               ;
               but
               he
               is
               head
               in
               respect
               of
               particular
               Churches
               and
               particular
               members
               in
               the
               Church
               .
               In
               reference
               to
               whom
               he
               is
               supposed
               to
               have
               full
               power
               as
               the
               Vicar
               of
               Christ.
               
            
             And
             elsewhere
             .
             
               Wherefore
               let
               this
               bee
               the
               third
               conclusion
               concerning
               this
               point
               .
               That
               every
               Generall
               Councell
               lawfully
               assembled
               in
               the
               name
               of
               the
               Holy
               Ghost
               ,
               doth
               represent
               the
               Catholique
               Church
               ,
               and
               hath
               its
               power
               immediately
               from
               Christ.
               This
               proposition
               hath
               no
               need
               of
               proofe
               ,
               considering
               that
               it
               hath
               its
               proofe
               and
               foundation
               from
               the
               decree
               of
               the
               Generall
               Councell
               at
               Constance
               .
            
             See
             here
             the
             very
             words
             of
             it
             ,
             that
             wee
             may
             not
             bee
             put
             to
             repeat
             them
             hereafter
             .
             These
             are
             the
             two
             Decrees
             of
             the
             said
             Councell
             ,
             which
             wee
             have
             inserted
             here
             before
             .
             After
             which
             it
             is
             said
             ,
             
               Behold
               the
               Constitution
               of
               the
               sacred
               Councel
               of
               Constance
               ,
               which
               may
               suffice
               to
               make
               any
               man
               content
               unto
               this
               conclusion
               ,
               considering
               it
               is
               the
               assertion
               of
               the
               Catholique
               Church
               .
            
             After
             the
             proofe
             of
             the
             said
             conclusion
             ,
             they
             proceed
             unto
             the
             fourth
             in
             this
             manner
             .
             
               And
               forasmuch
               as
               the
               Catholique
               Church
               and
               the
               Generall
               Councell
               which
               represents
               it
               ,
               hath
               its
               power
               immediately
               from
               Christ
               by
               the
               fo●mer
               conclusion
               ,
               let
               this
               now
               bee
               the
               fourth
               .
               The
               power
               of
               the
               Church
               Catholique
               ,
               as
               also
               of
               every
               Generall
               Councell
               lawfully
               assembled
               ,
               which
               doth
               represent
               it
               ,
               is
               above
               the
               power
               of
               the
               Pope
               ,
               and
               all
               other
               power
               whatsoever
               upon
               earth
               ,
               to
               which
               every
               one
               of
               what
               estate
               ,
               condition
               or
               dignitie
               soever
               hee
               bee
               ,
               though
               it
               bee
               Papall
               ,
               is
               bound
               to
               obey
               and
               submit
               himselfe
               .
               And
               if
               he
               will
               not
               obey
               he
               may
               be
               punished
               with
               condigne
               punishment
               .
            
             This
             conclusion
             they
             prove
             by
             many
             reasons
             and
             authorities
             ,
             which
             it
             would
             be
             long
             to
             set
             downe
             in
             this
             place
             .
             Wee
             shall
             onely
             say
             how
             that
             ,
             serving
             themselves
             with
             the
             authoritie
             of
             the
             Councell
             of
             Constance
             ,
             and
             having
             related
             at
             large
             all
             that
             passed
             in
             that
             respect
             ,
             they
             adde
             ,
             
               All
               which
               facts
               of
               that
               Councell
               are
               and
               will
               be
               a
               perpetuall
               memoriall
               unto
               succeeding
               generations
               .
               Whence
               it
               plainly
               appeares
               whether
               a
               ●enerall
               Councell
               have
               any
               jurisdiction
               over
               the
               Pope
               or
               no.
               Which
               every
               bodie
               that
               hath
               any
               judgement
               may
               easily
               know
               .
            
             Where
             it
             is
             to
             bee
             observed
             that
             the
             authoritie
             of
             the
             Councell
             of
             Constance
             was
             not
             any
             way
             doubted
             of
             in
             those
             dayes
             ,
             but
             continued
             generally
             approved
             by
             all
             in
             this
             respect
             .
             In
             another
             place
             it
             is
             said
             ,
             
               Whence
               it
               may
               be
               inferred
               ,
               that
               ,
               although
               it
               be
               convenient
               the
               Pope
               in
               some
               sort
               should
               be
               called
               the
               head
               of
               the
               Church
               ,
               yet
               ought
               he
               not
               therefore
               to
               preferre
               himselfe
               before
               the
               Church
               .
               Yea
               it
               might
               perhaps
               be
               inferred
               from
               hence
               ,
               that
               ,
               
                 eo
                 ipso
              
               ,
               because
               hee
               quarrels
               with
               the
               Church
               for
               superioritie
               ,
               either
               in
               his
               actions
               or
               affection
               ,
               hee
               not
               onely
               is
               not
               superiour
               ,
               but
               also
               that
               he
               is
               no
               member
               of
               the
               Church
               ;
               as
               one
               that
               is
               ill
               opinion'd
               of
               the
               authoritie
               of
               the
               holy
               Mother
               the
               Church
               ,
               and
               deficient
               in
               the
               true
               faith
               .
            
             It
             is
             further
             said
             towards
             the
             end
             of
             that
             conclusion
             :
             
               Whatsoever
               hath
               been
               heretofore
               delivered
               in
               this
               point
               by
               the
               Glosses
               and
               Doctors
               sometimes
               for
               the
               affirmative
               ,
               sometimes
               for
               the
               negative
               part
               ,
               we
               must
               now
               stand
               to
               the
               decision
               of
               it
               made
               by
               the
               sacred
               Councell
               of
               Constance
               ,
               for
               as
               much
               as
               concernes
               those
               cases
               expressed
               in
               their
               Decree
               :
               to
               wit
               when
               the
               question
               is
               about
               faith
               ,
               or
               the
               extirpation
               of
               schismes
               ,
               or
               the
               reformation
               of
               the
               Church
               in
               the
               Head
               and
               members
               ,
               and
               in
               cases
               thereunto
               belonging
               :
               as
               when
               the
               controversie
               is
               about
               a
               notorious
               scandall
               ,
               and
               so
               of
               others
               .
               In
               all
               these
               the
               Pope
               is
               inferiour
               to
               a
               Generall
               Councell
               .
               And
               if
               any
               man
               be
               strongly
               confident
               of
               the
               contrary●
               he
               ought
               to
               bee
               esteemed
               a
               heretique
               .
            
             I
             could
             yet
             extract
             some
             other
             passages
             ,
             but
             see
             here
             is
             more
             than
             needs
             for
             them
             that
             hold
             the
             contrary
             .
          
           
             6
             Now
             we
             come
             to
             our
             Vniversities
             of
             France
             ,
             which
             have
             all
             approved
             
             this
             opinion
             ;
             That
             the
             Pope
             is
             inferiour
             to
             a
             Councell
             .
             
             Which
             they
             did
             not
             by
             their
             severall
             counsell
             and
             advice
             ,
             as
             those
             of
             Germany
             and
             Poland
             ,
             but
             being
             all
             Synodically
             assembled
             at
             the
             Councell
             of
             Bourges
             ,
             together
             with
             all
             the
             Prelates
             and
             chiefe
             Lords
             of
             the
             Land
             ,
             as
             it
             is
             affirmed
             in
             expresse
             termes
             in
             the
             narrative
             of
             the
             Pragmatique
             Sanction
             ,
             whose
             words
             wee
             have
             set
             downe
             in
             another
             place
             .
          
           
             7
             And
             for
             that
             of
             Paris
             ,
             as
             she
             excels
             all
             the
             rest
             in
             dignitie
             and
             knowledge
             ,
             so
             hath
             she
             perform'd
             the
             bravest
             exploits
             in
             this
             regard
             .
             For
             shee
             not
             onely
             approved
             the
             Decrees
             of
             the
             Councels
             of
             Constance
             and
             Basil
             at
             that
             time
             ;
             but
             even
             after
             that
             ,
             when
             she
             saw
             that
             Pope
             Leo
             the
             tenth
             went
             about
             to
             repeale
             them
             in
             the
             Pragmatique
             Sanction
             by
             the
             Councell
             of
             Lateran
             ,
             and
             by
             the
             Concordats
             made
             with
             King
             Francis
             ,
             shee
             put
             in
             an
             Appeale
             to
             a
             future
             Counc●ll
             ,
             with
             such
             masculine
             and
             generous
             termes
             as
             the
             honour
             of
             France
             might
             require
             :
             as
             appeares
             by
             certaine
             passages
             which
             we
             have
             drawne
             out
             of
             them
             b●fo●e
             when
             we
             spoke
             of
             Appeals
             from
             the
             Pope
             to
             a
             Councell
             .
          
           
             8
             Besides
             ,
             the
             second
             Councell
             of
             Pisa
             ,
             holden
             in
             prosecution
             of
             those
             of
             Constance
             and
             Basil
             ,
             did
             her
             the
             honour
             to
             desire
             her
             to
             write
             against
             Cajetans
             booke
             ,
             wherein
             he
             maintaines
             that
             the
             Pope
             hath
             authoritie
             over
             a
             Councell
             .
             See
             here
             the
             letters
             which
             were
             writ
             unto
             her
             upon
             that
             occasion
             .
             
               The
               holy
               Councell
               of
            
             Pisa
             
               lawfully
               assembled
               in
               the
               name
               of
               the
               Holy
               Ghost
               ,
               representing
               the
               Church
               Catholique
               ,
               and
               by
               way
               of
               continuation
               ,
               removed
               to
            
             Milan
             
               for
               a
               time
               ,
               to
               our
               beloved
               sonnes
               the
               Rectours
               ,
               Doctours
               ,
               Masters
               ,
               and
               Regents
               of
               the
               mother
               nurse
               the
               Vniversity
               of
            
             Paris
             ,
             
               health
               and
               blessing
               from
               God
               Almighty
               .
               Our
               beloved
               sonne
            
             Ieffrey
             Boussard
             
               Chancelour
               of
            
             Paris
             ,
             
               will
               by
               our
               direction
               deliver
               unto
               you
               a
               certaine
               suspected
               booke
               full
               of
               injuries
               against
               the
               Councels
               of
            
             Constance
             and
             Basil
             ,
             
               and
               against
               ours
               ,
               and
               against
            
             Iohn
             Gerson
             
               the
               maine
               defender
               of
               the
               Church
               ,
               made
               by
               a
               certaine
               Frier
            
             Cajerane
             ,
             
               a
               bold
               fellow
               ,
               and
               a
               dangerous
               :
               who
               we
               desire
               may
               be
               corrected
               according
               to
               his
               desert
               .
               Wherefore
               we
               desire
               you
               in
               the
               name
               of
               the
               Lord
               to
               examine
               and
               diligently
               to
               sift
               that
               booke
               ,
               and
               speedily
               to
               send
               us
               ●●ur
               resolution
               and
               opinion
               of
               it
               ,
               to
               the
               end
               that
               we
               may
               proceed
               with
               your
               sage
               advice
               according
               to
               the
               merit
               of
               his
               boldnesse
               .
            
             See
             here
             their
             most
             respective
             letters
             ,
             and
             withall
             those
             which
             were
             writ
             unto
             a
             company
             which
             hath
             alwaies
             beene
             reputed
             in
             effect
             the
             eye
             and
             light
             of
             the
             world
             .
          
           
             9
             Let
             us
             now
             speake
             of
             the
             approbation
             of
             Princes
             and
             Provinces
             .
             First
             ,
             it
             is
             to
             be
             observed
             that
             the
             Deputies
             of
             the
             chief
             nations
             in
             Christendome
             were
             present
             at
             the
             Councell
             of
             Constance
             :
             to
             wit
             ,
             of
             
               England
               ,
               France
               ,
               Germany
               ,
               Spaine
            
             and
             Italy
             :
             As
             is
             apparent
             from
             the
             Acts
             of
             it
             ,
             and
             from
             the
             testimony
             of
             Platina
             ,
             who
             speaks
             thus
             of
             it
             ;
             
             
               The
               affaires
               of
               the
               Councell
            
             (
             saith
             he
             )
             
               were
               managed
               by
               the
               votes
               &
               suffrages
               of
               five
               nations
               ;
               to
               wit
               ,
               of
            
             England●
             Italy
             ,
             France
             ,
             Germany
             and
             Spaine
             .
             
               All
               that
               was
               decreed
               and
               resolved
               upon
               by
               suffrages
               of
               these
               nations
               continued
               firme
               and
               strong
               ,
               and
               was
               proclaimed
               and
               publiquelie
               declared
               by
               a
               cryer
               or
               publique
               notarie
               :
               insomuch
               that
               it
               was
               afterwards
               confirm'd
               by
               the
               generall
               consent
               of
               all
               .
            
          
           
             10
             The
             Ambassadours
             of
             divers
             Princes
             were
             at
             the
             Councel
             of
             Basil
             ,
             namely
             ,
             of
             the
             Emperour
             ,
             the
             King
             of
             France
             ,
             the
             King
             of
             Spaine
             ,
             and
             others
             .
             The
             Decrees
             thereof
             were
             also
             approved
             in
             the
             diet
             of
             Mentz
             in
             Germany
             by
             the
             Electours
             of
             the
             Empire
             ,
             and
             the
             Oratours
             of
             the
             Princes
             of
             Germany
             :
             witnesse
             
               AEnaeas
               Sylvius
            
             ,
             
             afterward
             Pope
             Pius
             the
             second
             :
             witnesse
             also
             the
             Vniversity
             of
             Erford
             in
             Germany●
             which
             speaketh
             to
             the
             Councell
             aforesaid
             in
             this
             manner
             ;
             
               The
               Princes
               without
               all
               doubt
               or
               hesitation
               whatsoever
               have
               taken
               their
               oathes
               ,
               and
               yeelded
               obedience
               ,
               by
               themselves
               or
               their
               Ambassadours
               and
               lawfull
               Atturneys
               ,
               unto
               that
               sacred
               Councell
               ,
               as
               also
               after
               that
               in
               the
               Dyet
               of
               Mentz
               .
               The
               pretended
               abrogation
               of
               this
               sacred
               Councel
               being
               already
               decreed
               ,
               admitting
               of
               it
               with
               certaine
               qualifications
               ,
               they
               make
               
               no
               scruple
               about
               the
               power
               of
               it
               ,
               
               as
               it
               is
               contained
               at
               large
               in
               the
               letters
               set
               out
               touching
               the
               acceptance
               of
               it
               ,
               in
               these
               words
               ;
               Wee
               accept
               and
               receive
               presently
               ,
               and
               without
               delay
               ,
               with
               all
               devotion
               and
               reverence
               ,
               the
               foresaid
               Decrees
               of
               the
               holy
               Councell
               of
               Basil
               ,
               with
               convenient
               caution
               ,
               as
               touching
               the
               correction
               and
               reformation
               of
               the
               things
               aforesaid
               ,
               some
               simply
               ,
               as
               they
               ly
               ,
               others
               with
               certaine
               formes
               and
               modifications
               .
               Not
               that
               we
               doubt
               of
               the
               power
               of
               that
               sacred
               Councel
               which
               made
               them
               ,
               but
               to
               the
               intent
               that
               they
               may
               stand
               with
               the
               convenience
               of
               the
               times
               and
               manners
               of
               the
               said
               Countrey
               of
               Germany
               ,
               as
               it
               is
               hereafter
               specified
               .
            
             The
             Vniversity
             of
             Vienna
             saith
             likewise
             to
             the
             same
             Councell
             ,
             
               That
               all
               Christian
               people
               called
               it
               a
               Councell
               lawfullie
               assembled
               ,
               and
               received
               it
               with
               all
               reverence
               .
            
          
           
             11
             Our
             Kings
             of
             France
             have
             approved
             all
             these
             three
             Councels
             of
             
               Constance
               ,
               Basil
            
             ,
             and
             Pisa
             :
             to
             wit
             ,
             the
             two
             former
             in
             the
             Pragmatique
             Sanction
             ,
             with
             certaine
             formes
             and
             qualifications
             ,
             
             which
             concerne
             especially
             the
             liberties
             of
             the
             Gallicane
             Church
             ,
             and
             doe
             not
             any
             wayes
             derogate
             from
             the
             power
             of
             the
             Councel
             over
             the
             Pope
             :
             for
             the
             Decrees
             which
             were
             made
             in
             that
             kind
             are
             inserted
             there
             by
             name
             .
             And
             the
             last
             ,
             together
             with
             the
             two
             former
             ,
             by
             the
             letters
             patents
             of
             King
             Lewes
             the
             ●welfth
             ,
             of
             the
             16
             of
             Iune
             1512.
             
             And
             although
             Pope
             Eugenius
             the
             fourth
             was
             very
             earnest
             with
             King
             Charles
             the
             seventh
             ,
             to
             get
             him
             to
             repeale
             the
             Pragmatique
             Sanction
             ,
             and
             reject
             the
             Cou●cell
             of
             Basil
             ,
             after
             the
             translation
             of
             it
             to
             Ferrara
             :
             yet
             for
             all
             that
             hee
             could
             not
             obtaine
             it
             ,
             but
             answer
             was
             made
             to
             his
             Ambassadours
             ,
             
               That
               the
               King
               had
               acknowledged
               the
               Councell
               of
            
             Basil
             
               for
               a
               true
               Councel
            
             ;
             
             
               that
               hee
               had
               sent
               his
               Ambassadours
               thither
               :
               that
               divers
               good
               things
               had
               beene
               there
               ordained
               concerning
               faith
               and
               manners
               ,
               which
               he
               approved
               of
               ;
               and
               that
               he
               never
               accounted
               that
               assembled
               at
            
             Ferrara
             
               for
               a
               Councel
               :
               That
               for
               the
               Pragmatique
               Sanction
               his
               pleasure
               was
               it
               should
               bee
               inviolablie
               observed
               and
               kept
               .
            
             The
             same
             Pragmatique
             Sanction
             ,
             which
             is
             nothing
             else
             but
             the
             substance
             of
             the
             Councels
             of
             Constance
             and
             Basil
             ,
             was
             afterward
             confirmed
             by
             King
             Lewes
             the
             twelfth
             ,
             after
             it
             had
             escaped
             shipwrack
             under
             Lewes
             the
             eleventh
             ,
             together
             with
             the
             Councell
             of
             Basil
             aforesaid
             ,
             by
             an
             Ordinance
             made
             in
             the
             yeere
             1499.
             
          
           
             12
             Since
             that
             time
             there
             was
             a
             Concordat
             made
             betwixt
             King
             Francis
             and
             Pope
             Leo
             the
             10
             ;
             which
             derogates
             from
             it
             concerning
             the
             point
             of
             Elections
             ,
             Presentations
             ,
             and
             such
             like
             things
             ,
             but
             not
             in
             that
             which
             concernes
             the
             power
             of
             a
             Councell
             .
             For
             see
             here
             what
             the
             same
             Prince
             saith
             of
             it
             ;
             to
             wit
             ,
             that
             ,
             
               To
               avoid
               the
               great
               dangers
               which
               may
               happen
               hereafter
               about
               the
               recalling
               of
               the
               Pragmatique
               ,
               whether
               such
               revocation
               be
               obeyed
               or
               it
               bee
               not
               ,
               (
               which
               may
               bee
               foreseen
               by
               all
               such
               as
               are
               well
               affected
               )
               hee
               hath
               made
               certaine
               Concordats
               with
               the
               holy
               See
               Apostolique
               .
            
             Now
             in
             these
             agreements
             there
             is
             nothing
             expressed
             either
             for
             the
             confirmation
             or
             abrogation
             of
             these
             decrees
             concerning
             the
             power
             of
             Councels
             :
             although
             that
             was
             the
             maine
             cause
             that
             stirred
             up
             the
             Popes
             hatred
             against
             that
             poore
             Pragmatique
             .
             And
             if
             so
             ,
             it
             is
             yet
             further
             to
             be
             observed
             that
             the
             Vniversity
             of
             Paris
             hath
             put
             in
             an
             Appeale
             from
             such
             Concordats
             to
             a
             future
             Councel
             .
          
        
         
           
           
             CHAP.
             VII
             .
             A
             confutation
             of
             their
             reasons
             that
             maintaine
             that
             the
             Pope
             is
             above
             a
             Councel
             .
          
           
             
             THe
             Popes
             are
             in
             default
             who
             have
             endevoured
             to
             obscure
             this
             truth
             ;
             yea
             desired
             to
             overthrow
             it
             in
             the
             suit
             ,
             either
             by
             their
             proceedings
             ,
             or
             by
             their
             Decrees
             and
             their
             Conventicles
             ;
             or
             by
             the
             writings
             of
             their
             hireling
             Doctours
             ,
             whom
             it
             is
             now
             my
             task
             to
             answere
             ,
             but
             very
             briefly
             ,
             because
             it
             is
             none
             of
             my
             proper
             designe
             :
             beside
             ,
             that
             which
             I
             have
             touched
             upon
             above
             may
             suffice
             abundantly
             .
          
           
             2
             Their
             maine
             incounter
             is
             with
             the
             Councels
             of
             Constance
             and
             Basil
             ,
             yet
             so
             as
             they
             cannot
             agree
             amongst
             themselves
             about
             them
             .
             For
             some
             of
             them
             say
             ,
             It
             was
             not
             absolutely
             determined
             by
             them
             that
             Generall
             Councels
             have
             power
             over
             Popes
             ,
             but
             onely
             in
             one
             case
             ,
             to
             wit
             ,
             when
             there
             is
             a
             schisme
             ,
             and
             it
             is
             doubted
             who
             is
             the
             true
             Pope
             .
             But
             the
             very
             words
             of
             the
             two
             Decrees
             which
             we
             produced
             in
             the
             former
             chapter
             ,
             doe
             sufficiently
             refell
             them
             ,
             so
             that
             we
             need
             say
             no
             more
             of
             that
             .
             They
             doe
             not
             onely
             give
             the
             Councell
             power
             over
             Popes
             in
             case
             of
             schisme
             ,
             but
             in
             all
             that
             concernes
             the
             faith
             ,
             in
             all
             that
             concernes
             the
             reformation
             of
             the
             head
             and
             members
             ,
             and
             all
             things
             that
             depend
             thereupon
             .
          
           
             3
             What
             would
             a
             man
             desire
             more
             ?
             Bellarmine
             knew
             well
             enough
             that
             this
             reason
             is
             but
             of
             base
             aloy
             ,
             for
             contenting
             himselfe
             with
             the
             bare
             mention
             of
             it
             ,
             and
             quoting
             of
             the
             authors
             ,
             for
             his
             part
             he
             hath
             recourse
             unto
             others
             ,
             but
             such
             as
             are
             no
             whit
             stronger
             .
             He
             saith
             then
             ,
             for
             the
             Councell
             of
             Constance
             ,
             that
             when
             it
             made
             these
             Decrees
             it
             was
             not
             such
             as
             had
             power
             to
             determine
             controversies
             of
             faith
             ,
             inasmuch
             as
             it
             was
             not
             then
             Generall
             ;
             that
             it
             had
             but
             the
             third
             part
             of
             the
             Church
             ,
             to
             wit
             ,
             onely
             so
             many
             Prelates
             as
             obeyed
             Pope
             Iohn
             the
             three
             and
             twentieth
             ,
             and
             not
             those
             which
             obeyed
             Gregory
             the
             twelfth
             ,
             and
             Bennet
             the
             thirteenth
             .
             And
             marke
             here
             how
             hee
             would
             enervate
             what
             was
             done
             by
             a
             Generall
             Councell
             ,
             because
             of
             the
             absence
             of
             some
             schismaticall
             Prelates
             .
             By
             this
             reason
             all
             the
             Councell
             should
             be
             a
             nullitie
             ,
             from
             the
             beginning
             till
             the
             end
             ,
             and
             not
             a
             part
             of
             it
             only
             ,
             as
             he
             would
             have
             it
             .
             For
             the
             Prelates
             which
             acknowledged
             Gregory
             for
             Pope
             ,
             
             never
             assisted
             at
             it
             but
             persisted
             with
             their
             Pope
             in
             that
             schisme
             ,
             even
             til
             the
             end
             .
             And
             yet
             Bellarmine
             affirmes
             that
             this
             Councell
             is
             legitimate
             and
             approved
             :
             only
             for
             the
             reason
             aforesaid
             ,
             hee
             excepts
             that
             Session
             wherein
             these
             Decrees
             were
             enacted
             .
             It
             was
             not
             then
             such
             (
             saith
             he
             )
             that
             it
             had
             power
             to
             make
             these
             decisions
             in
             matters
             of
             faith
             .
             But
             ,
             I
             beseech
             you
             ,
             a
             Councel
             consisting
             of
             two
             hundred
             Fathers
             then
             when
             it
             made
             these
             Decrees
             ,
             where
             the
             Emperour
             and
             many
             other
             Princes
             were
             present
             in
             person
             ;
             the
             Ambassadours
             of
             all
             the
             Kings
             and
             Princes
             of
             Christendome
             ,
             except
             two
             ,
             the
             Proctours
             and
             Syndiques
             of
             all
             the
             Nations
             and
             Vniversities
             in
             Christendome
             ,
             and
             so
             many
             persons
             of
             another
             quality
             in
             such
             abundauce
             that
             above
             thirty
             thousand
             horse
             were
             seen
             to
             arrive
             there
             at
             the
             beginning
             ,
             as
             Nauelerus
             testifies
             .
             This
             Councell
             ,
             I
             say
             ,
             (
             according
             to
             Bellarmine
             )
             could
             not
             
             ordaine
             any
             thing
             concerning
             the
             power
             of
             the
             Pope
             and
             of
             a
             Councel
             ,
             
             by
             reason
             of
             the
             absence
             of
             some
             schismaticall
             Prelats
             .
             Now
             let
             any
             man
             be
             judge
             ,
             if
             any
             thing
             firme
             and
             strong
             can
             bee
             expected
             from
             Councels
             .
             Now
             that
             all
             those
             whom
             wee
             mentioned
             were
             at
             the
             enacting
             of
             those
             Decrees
             ,
             is
             apparent
             from
             the
             very
             text
             of
             the
             fourth
             Session
             :
             the
             words
             are
             these
             ;
             
               The
               thirtith
               of
               March
               there
               was
               holden
               a
               Generall
               Session
               in
               the
               Cathedrall
               Church
               of
            
             Constance
             ,
             
               in
               which
               there
               were
               two
               hundred
               Fathers
               ,
            
             &c.
             
             
               There
               was
               also
               the
               King
               of
               the
            
             Romans
             ,
             
               with
               the
               habit
               and
               formalities
               belonging
               to
               the
               King
               of
               the
            
             Romans
             .
             
               After
               masse
               was
               done
               the
               Cardinal
               of
            
             Florence
             
               read
               certaine
               constitutions
               which
               should
               be
               observed
               by
               the
               Councell
               ,
               the
               tenure
               whereof
               is
               set
               down
               hereafter
               :
               which
               being
               read
               and
               approved
               by
               the
               Generall
               Councell
               ,
            
             Henry
             de
             Piro
             ,
             
               Proctour
               and
               Syndic
               for
               the
            
             German
             
               nation
               ,
               did
               desire
               in
               behalfe
               of
               that
               Nation
               ,
               that
               a
               copy
               of
               those
               ordinances
            
             (
             that
             is
             ,
             the
             Decrees
             mentioned
             )
             
               might
               be
               given
               unto
               him
               :
               The
               like
               was
               required
               by
               the
               Proctours
               and
               Syndi●s
               of
               all
               the
               countries
               subject
               to
               the
               King
               of
               the
            
             Romans
             ,
             
               of
               the
               Vniversities
               ,
               the
               Schooles
               ,
               and
               Ambassadours
               :
               there
               being
               present
               at
               the
               same
               time
               the
               most
               illustrious
               Princes
               ,
            
             Frederic
             
               Burgrave
               of
            
             Noremberg
             ,
             Ralf
             
               Duke
               of
            
             Saxony
             ,
             
               the
               Count
            
             Madesburg
             ,
             Count
             Bertold
             de
             Vrsinis
             ,
             
               the
               Ambassadours
               of
               the
               Kings
               of
            
             England
             ,
             France
             ,
             Poland
             ,
             Norwey
             ,
             Cyprus
             ,
             Navarre
             ,
             
               and
               also
            
             Iohn
             
               Vicount
               of
            
             Milan
             ,
             
               the
               Marquesse
               of
            
             Montferrat
             ,
             
               and
               divers
               other
               nobles
               ,
               and
               reverent
               Fathers
               in
               great
               abundance
               .
            
             Shall
             two
             schismaticall
             Popes
             with
             their
             Prelates
             of
             the
             same
             stuffe
             have
             more
             authority
             than
             all
             this
             great
             multitude
             ?
          
           
             4
             Now
             that
             these
             Fathers
             were
             Schismaticall
             (
             and
             consequently
             those
             of
             their
             faction
             )
             before
             those
             Decrees
             were
             ma●e
             ,
             is
             apparent
             from
             the
             testimony
             of
             Platina
             himselfe
             ,
             who
             speaking
             of
             the
             first
             Councel
             of
             Pisa
             ,
             where
             their
             deposition
             was
             decreed
             before
             that
             of
             
               Constance
               ,
               By
               mutuall
               consent
            
             (
             saith
             he
             )
             
               they
               deprived
            
             Gregory
             and
             Benet
             
               of
               the
               Papall
               dignity
            
             ,
             
             
               all
               nations
               assenting
               to
               that
               so
               hard
               sentence
               ,
               except
               the
               nether
            
             Spaine
             ,
             
               the
               King
               of
            
             Scotland
             ,
             
               and
               the
               Earle
               of
            
             Armaniac
             ,
             
               who
               favoured
               Pope
            
             Benet
             .
             Now
             this
             deposition
             ,
             together
             with
             all
             the
             Decrees
             of
             this
             Councel
             of
             Pisa
             ,
             
             was
             confirmed
             by
             Alexander
             the
             fifth
             ,
             who
             was
             accounted
             lawful
             Pope
             .
             And
             yet
             Bellarmine
             will
             have
             these
             two
             Popes
             with
             their
             Prelates
             to
             make
             two
             parts
             of
             the
             Church
             .
             For
             see
             what
             hee
             sayes
             of
             the
             Councell
             of
             Constance
             ;
             
             
               It
               was
               not
               then
               a
               Generall
               Councel
               because
               there
               was
               only
               the
               third
               part
               of
               the
               Church
               there
               ;
               to
               wit
               ,
               only
               those
               Prelats
               which
               obeyed
            
             Iohn
             .
             
               For
               those
               which
               obeyed
            
             Gregory
             and
             Benet
             
               did
               oppose
               that
               which
               was
               done
               by
               the
               Councell
               .
            
             Hee
             saith
             further
             ,
             
               That
               there
               was
               no
               certaine
               Pope
               in
               the
               Church
               ,
               without
               whom
               controversies
               in
               faith
               cannot
               bee
               determined
               .
            
             So
             that
             hee
             doth
             not
             acknowledge
             Iohn
             for
             Pope
             ,
             who
             was
             then
             acknowledged
             by
             all
             ,
             and
             was
             so
             ever
             after
             untill
             his
             condemnation
             .
             
             Platina
             testifies
             that
             he
             was
             created
             at
             Bononia
             with
             the
             consent
             of
             all
             .
             It
             is
             he
             that
             called
             the
             Councel
             of
             Constance
             :
             it
             is
             he
             that
             assisted
             in
             some
             Sessions
             of
             it
             .
             He
             was
             not
             indeed
             at
             the
             fourth
             and
             fifth
             ,
             where
             these
             Decrees
             were
             made
             ,
             by
             reason
             of
             his
             flight
             .
             But
             hee
             was
             lawfull
             Pope
             tho
             ,
             and
             continued
             so
             still
             till
             he
             was
             deposed
             and
             condemn'd
             ;
             which
             was
             occasioned
             by
             his
             lewd
             life
             ,
             and
             those
             crimes
             committed
             by
             him
             .
             As
             also
             on
             the
             other
             side
             hee
             acknowledged
             it
             for
             a
             lawfull
             Councell
             .
             For
             upon
             the
             very
             day
             of
             the
             fourth
             Session
             ,
             came
             the
             Archbishop
             of
             Rhemes
             with
             letters
             of
             credence
             from
             him
             ,
             the
             contents
             whereof
             were
             ,
             
             
               That
               his
               suddaine
               departure
               was
               not
               for
               feare
               or
               cowardice
               ,
               but
               by
               reason
               of
               the
               bad
               aire
               ;
               and
               that
               he
               offerd
               to
               fulfill
               all
               that
               he
               had
               promised
               to
               the
               Councell
               :
               and
               when
               they
               proceeded
               to
               his
               condemnation
               ,
               approv'd
               of
               all
               ●
               adding
               that
               in
               all
               things
               hee
               conform'd
               himselfe
               to
               every
               ordinance
               ,
               deliberation
               ,
               and
               determination
               of
               the
               said
               sacred
               Councell
               :
            
             
             
               and
               that
               he
               ratified
               the
               processe
               made
               against
               himselfe
               ,
               affirming
               the
               Councell
               of
            
             Constance
             
               is
               most
               holy
               :
               that
               it
               cannot
               erre
               :
               that
               it
               is
               a
               continuation
               of
               that
               of
            
             Pisa
             :
             
               and
               that
               he
               would
               never
               contradict
               the
               sacred
               Councell
               of
            
             Constance
             .
          
           
           
             
             5
             But
             suppose
             there
             was
             no
             Pope
             certain
             ,
             what
             followes
             upon
             that
             ?
             That
             the
             Councel
             (
             saith
             Bellarmine
             )
             could
             not
             deliberate
             upon
             matters
             of
             faith
             .
             This
             is
             ever
             to
             returne
             to
             the
             place
             whence
             wee
             came
             :
             't
             is
             as
             much
             as
             to
             say
             ,
             The
             Pope
             alone
             is
             more
             than
             all
             the
             body
             of
             the
             Councel
             .
             Hee
             hath
             more
             authority
             than
             it
             .
             The
             councel
             hath
             not
             its
             power
             from
             Christ
             immediatly
             .
             But
             see
             here
             that
             which
             strikes
             the
             stroke
             !
             Pope
             Martin
             the
             fifth
             accounted
             legitimate
             by
             all
             ,
             and
             confessed
             (
             God
             be
             thanked
             )
             even
             by
             Bellarmine
             himself
             ,
             hath
             approved
             the
             Acts
             of
             this
             Councell
             in
             the
             last
             Session
             of
             it
             .
             Bellarmine
             slyes
             to
             his
             distinctions
             ,
             saying
             ,
             
               He
               confirmed
               only
               such
               Decrees
               as
               concerne
               the
               faith
               ;
               such
               as
               were
               made
            
             Conciliariter
             ,
             
               that
               is
            
             ,
             (
             saith
             hee
             )
             
               according
               to
               the
               use
               in
               other
               Councels
               ,
               after
               the
               thing
               had
               beene
               diligently
               examined
               .
               And
               it
               is
               apparent
            
             (
             saith
             he
             )
             
               that
               this
               Decree
               was
               made
               at
               the
               Councel
               of
            
             Constance
             ,
             
               without
               any
               examination
            
             .
             How
             does
             that
             appeare
             ?
             doth
             not
             the
             passage
             above
             recited
             shew
             the
             contrary
             ?
             It
             is
             not
             said
             there
             were
             any
             disputes
             or
             controversies
             about
             it
             :
             nor
             that
             any
             man
             did
             stand
             out
             against
             it
             :
             nor
             that
             there
             were
             diversities
             of
             opinions
             about
             it
             .
             What
             ,
             is
             it
             therefore
             lesse
             valid
             because
             it
             was
             agreed
             upon
             by
             the
             common
             consent
             of
             two
             hundred
             Fathers
             ?
             by
             so
             many
             Cardinals
             ,
             
             so
             many
             men
             of
             note
             ?
             and
             decreed
             at
             two
             severall
             times
             ,
             and
             at
             two
             severall
             Sessions
             ?
             which
             is
             a
             sufficient
             testimony
             that
             it
             was
             maturelie
             consulted
             and
             deliberated
             upon
             .
             Besides
             ,
             it
             is
             thought
             sufficient
             to
             register
             the
             Decrees
             and
             resolutions
             in
             the
             Acts
             ,
             but
             not
             the
             disputes
             .
             For
             example
             ,
             
               AEnaeas
               Sylvius
            
             tels
             us
             at
             large
             of
             very
             deepe
             and
             difficult
             disputes
             that
             were
             controverted
             at
             the
             Councell
             of
             Basil
             about
             this
             very
             point
             ;
             
             to
             wit
             ,
             concerning
             the
             power
             of
             a
             Councell
             in
             relation
             to
             the
             Pope
             .
             And
             yet
             hee
             that
             shall
             read
             the
             Acts
             of
             that
             Councell
             will
             finde
             nothing
             there
             but
             the
             bare
             Decrees
             ,
             without
             any
             mention
             made
             of
             the
             discussion
             which
             was
             of
             them
             .
          
           
             6
             When
             Eugenius
             his
             Legats
             were
             arrived
             at
             Basil
             ,
             to
             preside
             at
             the
             Councel
             in
             stead
             of
             the
             Pope
             ,
             by
             virtue
             of
             his
             letters
             :
             
               They
               were
               not
               forthwith
               admitted
               (
               saith
               the
               Vniversity
               of
               Cracovia
               )
               but
               a
               greater
               number
               of
               the
               most
               learned
               Doctours
               in
               the
               world
               were
               deputed
               ,
               that
               having
               searched
               the
               Scriptures
               and
               the
               sacred
               Canons
               ,
               they
               might
               advise
               whether
               these
               Presidents
               ought
               to
               bee
               admitted
               to
               a
               coercitive
               Presidence
               and
               full
               authority
               ,
               such
               as
               they
               demanded
               ,
               or
               no.
               Who
               having
               continued
               a
               long
               time
               upon
               that
               deliberation
               ,
               they
               were
               of
               opinion
               that
               this
               coercitive
               Presidence
               ought
               not
               to
               bee
               granted
               them
               .
               And
               the
               thing
               being
               afterwards
               consulted
               upon
               ,
               it
               was
               concluded
               according
               to
               their
               opinion
               .
            
             Read
             now
             the
             seventeenth
             Session
             of
             that
             Councell
             ,
             you
             shall
             finde
             nothing
             there
             but
             the
             bare
             resolution
             ,
             without
             a
             word
             of
             this
             above
             .
             So
             that
             we
             beleeve
             that
             this
             Councel
             of
             Constance
             ,
             which
             consisted
             of
             the
             most
             learned
             Devines
             and
             Lawyers
             that
             were
             then
             alive
             ,
             did
             not
             passe
             these
             two
             Decrees
             till
             they
             had
             throughly
             examin'd
             them
             :
             especially
             considering
             the
             thing
             was
             put
             to
             the
             tryall
             againe
             .
          
           
             7
             Bellarmine
             wrongs
             them
             to
             beleeve
             otherwise
             of
             them
             ;
             but
             wee
             shall
             not
             wrong
             him
             by
             retorting
             his
             exposition
             upon
             himselfe
             and
             his
             Councel
             of
             Trent
             ;
             and
             rejecting
             all
             the
             Canons
             and
             Decrees
             of
             it
             ,
             as
             not
             made
             Conciliariter
             .
             For
             there
             is
             not
             a
             syllable
             to
             that
             effect
             in
             the
             Acts
             of
             the
             Councell
             :
             but
             on
             the
             contrary
             wee
             have
             shewed
             by
             divers
             testimonies
             ,
             that
             they
             did
             nothing
             but
             suppe
             up
             the
             porredge
             which
             was
             sent
             them
             from
             Rome
             .
             But
             't
             is
             strange
             that
             in
             his
             exposition
             by
             the
             word
             Conciliariter
             ,
             hee
             would
             exempt
             those
             Decrees
             from
             Pope
             Martins
             approbation
             .
             The
             word
             to
             an
             understanding
             man
             signifies
             no
             more
             but
             Synodaliter
             ,
             that
             is
             ,
             in
             a
             Synodicall
             assembly
             .
             Now
             it
             is
             certaine
             these
             Decrees
             were
             made
             in
             full
             assembly
             ,
             and
             in
             two
             severall
             Sessions
             .
             What
             would
             he
             more
             ?
          
           
             8
             But
             I
             desire
             all
             men
             to
             observe
             this
             one
             thing
             ;
             that
             the
             Councell
             of
             Constance
             was
             not
             question'd
             or
             controverted
             of
             old
             in
             this
             respect
             ,
             as
             appeares
             
             from
             those
             passages
             which
             we
             have
             produced
             in
             the
             former
             chapter
             out
             of
             the
             Opinions
             and
             Advices
             of
             the
             Vniversities
             of
             Germany
             and
             Poland
             ;
             
             who
             hold
             the
             authoritie
             of
             the
             Councell
             of
             Constance
             for
             undoubted
             ,
             and
             argue
             from
             it
             as
             from
             a
             received
             and
             irreproveable
             authoritie
             .
             Pope
             Martin
             did
             su●ficiently
             approve
             it
             ,
             when
             hee
             tooke
             an
             oath
             at
             his
             coronation
             .
             
             
               To
               beleeve
               and
               maintaine
               the
               holy
               Catholique
               faith
               ,
               according
               to
               the
               traditions
               of
               the
               Apostles
               and
               holy
               Generall
               Councels
               .
            
             
             When
             he
             called
             the
             Councell
             of
             Basil
             by
             virtue
             of
             the
             Decree
             of
             the
             same
             Councell
             of
             Constance
             :
             considering
             that
             that
             Decree
             puts
             a
             cavesson
             upon
             the
             Popes
             nose
             ,
             and
             subjects
             him
             to
             a
             Councell
             ,
             by
             prescribing
             a
             law
             unto
             him
             for
             the
             calling
             of
             Councels●
             
             limiting
             him
             the
             time
             and
             forme
             of
             convocation
             ,
             and
             all
             with
             the
             approbation
             of
             the
             Synod
             ;
             debar●ing
             him
             of
             the
             power
             of
             delaying
             the
             convocation
             .
             Adde
             hereunto
             that
             the
             Councell
             of
             Basil
             approved
             that
             of
             Constance
             in
             all
             things
             and
             to
             all
             in●ents
             ,
             and
             in
             particular
             those
             Decrees
             which
             are
             now
             in
             question
             .
          
           
             9
             We
             adde
             that
             Pope
             Felix
             did
             likewise
             approve
             of
             it
             in
             full
             and
             expresse
             termes
             ,
             
             setting
             down
             the
             first
             Decree
             of
             that
             Councell
             word
             for
             word
             .
             Wherin
             is
             contained
             the
             power
             of
             it
             over
             the
             Pope
             .
             Yet
             Bellarmine
             cals
             it
             into
             question
             againe
             ,
             and
             saith
             it
             was
             not
             approved
             in
             that
             point
             .
             It
             was
             (
             saith
             hee
             )
             lawfully
             begun
             ,
             but
             unlawfully
             ended
             .
             Wee
             on
             the
             contrary
             affirme
             ,
             that
             it
             was
             also
             lawfully
             continued
             and
             ended
             :
             this
             we
             prove
             by
             the
             approbation
             of
             three
             Popes
             .
             To
             wit
             of
             Eugenius
             the
             fourth
             ;
             First
             ,
             because
             Cardinall
             Iulian
             his
             Legat
             was
             present
             there
             when
             those
             Decrees
             concerning
             the
             power
             of
             a
             Councell
             over
             the
             Pope
             were
             made
             ,
             
             with
             full
             power
             on
             the
             Popes
             behalfe
             .
             Secondly
             by
             his
             Bull
             extant
             among
             the
             Acts
             of
             the
             Councell
             ,
             in
             the
             sixteenth
             Session
             .
             Behold
             here
             the
             very
             words
             .
             
             
               Wee
               denounce
               and
               decree
               that
               the
               said
               Generall
               Councell
               of
            
             Basil
             
               was
               and
               is
               lawfully
               continued
               ever
               since
               the
               time
               it
               first
               begun
               :
               and
               that
               it
               hath
               had
               a
               continuall
               succession
               :
               and
               that
               it
               ought
               to
               bee
               continued
               and
               prosecuted
               about
               the
               things
               aforesaid
               ,
               and
               others
               belonging
               thereunto
               ,
               as
               well
               as
               if
               it
               had
               never
               beene
               dissolued
               .
            
             By
             those
             words
             ,
             
               the
               things
               aforesaid
            
             ,
             he
             meanes
             the
             reformation
             of
             the
             head
             and
             the
             members●
             and
             others
             specified
             before
             .
             Platina
             witnesseth
             as
             much
             in
             his
             life
             .
             
               At
               the
               beginning
               of
               his
               Popedome
            
             (
             saith
             he
             )
             
               guiding
               himselfe
               by
               bad
               counsell
               ,
               he
               put
               all
               things
               both
               divine
               and
               humane
               in
               confusion
               For
               he
               stirred
               up
               the
               people
               of
            
             Rome
             
               to
               armes
               :
               and
               authorized
               the
               Councell
               of
            
             Basil
             ,
             
               which
               was
               a
               cause
               of
               infinite
               evils
               ,
               by
               reason
               of
               his
               approving
               the
               Decrees
               of
               it
               by
               his
               Apostolicall
               letters
               .
            
             This
             testimony
             cannot
             ●ee
             rejected
             ,
             as
             proceeding
             from
             an
             historian
             passionately
             affected
             towards
             E●genius
             .
          
           
             10
             Nauclerus
             gives
             the
             like
             testimony
             .
             
             Eugenius
             (
             saith
             he
             )
             
               endeavoured
               to
               remove
               the
               Councell
               of
            
             Basil
             to
             Bonony
             :
             
               but
               the
               Emperour
               and
               the
               rest
               of
               the
               Princes
               and
               Prelates
               which
               were
               then
               at
            
             Basil
             ,
             
               did
               not
               onely
               disobey
               him
               ;
               but
               ,
               which
               is
               more
               ,
               they
               warned
               him
               two
               or
               three
               times
               to
               come
               to
            
             Basil
             
               with
               his
               Cardinals
               :
               the
               proper
               place
               ,
               and
               which
               was
               chosen
               by
               Pope
            
             Martin
             :
             
               otherwise
               they
               would
               proceed
               against
               him
               as
               a
               prevaricator
               and
               contumacious
               person
               .
            
             Eugenius
             
               being
               moved
               with
               their
               language
               ,
               confirmed
               the
               Councell
               of
            
             Basil
             
               by
               his
               letters
               Apostolicall
               ,
               giving
               every
               man
               leave
               to
               goe
               thither
               .
            
             When
             the
             Legats
             whom
             he
             sent
             to
             preside
             there
             ,
             
             were
             received
             with
             great
             solemnity
             in
             the
             presence
             of
             the
             Emperour
             Sigismond
             ,
             who
             assisted
             there
             in
             his
             Imperiall
             robes
             ,
             and
             of
             some
             other
             Princes
             :
             the
             foresaid
             Decrees
             concerning
             the
             Councels
             authoritie
             over
             the
             Pope
             were
             renewed
             in
             the
             next
             Session
             following
             :
             
             yea
             at
             the
             very
             time
             of
             their
             admittance
             and
             incorporation
             they
             swore
             to
             maintaine
             the
             said
             Decrees
             .
             And
             yet
             there
             was
             no
             coercitive
             presidence
             granted
             unto
             them
             ,
             but
             with
             submission
             to
             the
             Councell
             ,
             as
             appeares
             by
             those
             Decrees
             .
             Whereto
             the
             Vniversity
             of
             Cracovia
             addes
             in
             the
             forementioned
             Advice
             ,
             
               That
               neither
               the
               Legats
               ,
               nor
               any
               other
               on
               the
               Popes
               behalfe
               ,
               nor
               he
               himselfe
               did
               complaine
               of
               it
               .
            
          
           
           
             
             11
             The
             second
             Pope
             is
             Felix
             the
             fift
             ,
             who
             was
             lawfully
             created
             by
             the
             Councell
             of
             Constance
             with
             great
             solemnitie
             ,
             and
             who
             some
             yeares
             afterwards
             did
             resigne
             the
             Popedome
             for
             quietnesse
             sake
             .
             Hee
             declared
             at
             the
             time
             of
             his
             resignation
             that
             he
             approved
             the
             Decree
             of
             the
             Councell
             of
             Constance
             ,
             concerning
             the
             authoritie
             of
             a
             Councell
             over
             the
             Pope
             ,
             setting
             it
             downe
             at
             large
             in
             the
             instrument
             which
             was
             drawne
             of
             his
             resignation
             :
             and
             consequently
             that
             of
             Basil
             which
             hath
             the
             same
             thing
             .
             Wee
             have
             quoted
             the
             whole
             passage
             in
             the
             precedent
             Chapter
             .
          
           
             12
             The
             third
             is
             Nicholas
             the
             fift
             ,
             who
             in
             generall
             termes
             confirm'd
             and
             authorized
             all
             and
             every
             the
             Acts
             of
             the
             Councell
             of
             Basil
             ;
             and
             likewise
             all
             that
             was
             done
             by
             Felix
             in
             that
             behalfe
             .
             Bellarmine
             denies
             it
             ,
             restraining
             that
             confirmation
             to
             that
             which
             the
             Councell
             had
             ordained
             touching
             Benefices
             and
             Ecclesiasticall
             censures
             But
             hee
             tooke
             no
             notice
             of
             that
             generall
             clause
             in
             the
             Bull
             :
             
             
               We
               approve
               ,
               ratifie
               ,
               and
               confirme
               all
               and
               every
               the
               Acts
               ,
               deeds
               ,
               grants
               ,
               gifts
               ,
               indults
               ,
               dispositions
               ,
               and
               ordinances
               (
               although
               they
               bee
               greater
               and
               weightier
               ,
               or
               of
               another
               nature
               than
               the
               former
               ;
               and
               although
               they
               require
               a
               speciall
               declaration
               ,
               which
               wee
               will
               have
               to
               bee
               accounted
               as
               expressed
               )
               which
               have
               beene
               made
               or
               done
               as
               well
               by
               those
               that
               obe●ed
               that
               Councell
               of
               Basil
               and
               Amedeus
               ,
               called
               in
               his
               obedience
               Felix
               the
               fift
               ,
               as
               by
               those
               that
               continued
               together
               under
               the
               name
               of
               a
               Generall
               Councell
               at
               the
               Cities
               of
               Basil
               ,
               and
               Lausanne
               .
            
             As
             also
             when
             he
             was
             admitted
             and
             approved
             Pope
             by
             the
             Councell
             of
             Lausanne
             ,
             he
             had
             formerly
             made
             evidence
             that
             hee
             was
             thus
             resolved
             ,
             to
             acknowledge
             the
             authoritie
             of
             the
             Councell
             over
             him
             ,
             and
             to
             approve
             their
             Decrees
             :
             as
             it
             is
             said
             in
             the
             Act
             of
             his
             confirmation
             ,
             which
             passage
             we
             urged
             in
             the
             former
             Chapter
             .
          
           
             13
             Lastly
             ,
             Bellarmine
             in
             stead
             of
             a
             buckler
             useth
             the
             authoritie
             of
             such
             Popes
             and
             Councels
             as
             have
             condemned
             this
             of
             Basil.
             
             Hee
             puts
             Eugenius
             in
             the
             first
             place
             ,
             whose
             hap
             it
             was
             with
             all
             speed
             to
             confirme
             the
             Decrees
             which
             are
             now
             in
             question
             ,
             and
             all
             that
             was
             done
             at
             the
             Councell
             of
             Basil
             till
             the
             sixteenth
             Se●sion
             :
             whose
             hap
             it
             was
             to
             send
             his
             Legats
             thither
             to
             preside
             there
             ;
             which
             they
             did
             ,
             afterwards
             confirming
             those
             same
             Decrees
             .
             With
             Eugenius
             he
             joines
             his
             Councell
             of
             Ferrara
             ,
             saying
             that
             it
             was
             holden
             at
             the
             same
             time
             with
             that
             of
             Basil
             ,
             and
             that
             there
             were
             a
             greater
             number
             of
             Bishops
             there
             :
             that
             the
             Emperour
             of
             Greece
             was
             there
             in
             person
             ,
             with
             many
             other
             Bishops
             of
             that
             nation
             ;
             and
             the
             Emperour
             of
             Germany's
             ambassadour
             :
             and
             that
             the
             Pope
             presided
             there
             .
             
             I
             will
             grant
             him
             all
             this
             ;
             but
             withall
             he
             must
             know
             he
             hath
             gained
             nothing
             by
             it
             in
             the
             question
             which
             wee
             have
             now
             in
             hand
             :
             Inasmuch
             as
             the
             Councell
             of
             Florence
             or
             Ferrara
             beganne
             not
             before
             the
             yeare
             1438
             ,
             at
             which
             time
             ,
             yea
             a
             long
             time
             before
             ,
             those
             Decrees
             of
             the
             Councell
             of
             Basil
             which
             we
             speake
             of
             were
             made
             ,
             to
             wit
             in
             the
             yeare
             1431.
             
             And
             therefore
             though
             there
             might
             be
             some
             doubt
             about
             the
             last
             Acts
             of
             it
             ,
             yet
             there
             can
             be
             none
             about
             the
             first
             .
          
           
             14
             He
             saith
             further
             that
             all
             the
             Church
             rejected
             that
             which
             the
             Councell
             of
             Basil
             decreed
             concerning
             the
             authority
             of
             a
             Councell
             over
             the
             Pope
             ,
             inasmuch
             as
             notwithstanding
             Eugenius
             was
             deposed
             by
             that
             Councell
             ,
             yet
             she
             acknowledged
             him
             still
             for
             a
             true
             Pope
             .
             The
             truth
             is
             ,
             that
             Eugenius
             was
             taken
             for
             Pope
             by
             some
             few
             Princes
             and
             Nations
             ,
             after
             his
             deposition
             :
             but
             the
             consequence
             is
             false
             ,
             that
             therefore
             the
             Church
             rejected
             those
             Decrees
             touching
             the
             authority
             of
             a
             Councell
             over
             the
             Pope
             .
             For
             many
             approved
             the
             one
             who
             disliked
             the
             other
             ,
             by
             reason
             of
             their
             particular
             affection
             which
             they
             bore
             to
             Eugenius
             .
             And
             in
             deed
             King
             Charles
             the
             seventh
             declares
             in
             plaine
             termes
             ,
             
             
               That
               he
               held
               the
               Councell
               of
            
             Basil
             
               for
               a
               true
               Councell
               :
               that
               hee
               never
               approved
               that
               of
            
             Ferrara
             :
             
               that
               for
               the
               deposition
               of
            
             Eugenius
             
               and
               election
               of
            
             Felix
             ,
             
               he
               never
               yet
               did
               approve
               of
               them
               ,
               nor
               doth
               he
               now
               approve
               them
               .
            
             The
             Bishop
             of
             Panormo
             saith
             ,
             
             
               That
               all
               the
               Ambassadours
               of
               the
               Emperour
               ,
               Kings
               and
               Princes
               ,
            
             
             
               which
               were
               at
               the
               Councell
               of
            
             Basil
             
               before
               ,
               stayed
               there
               ,
               notwithstanding
               the
               pretended
               translation
               of
               it
               to
            
             Ferrara
             :
             
               and
               which
               is
               more
            
             (
             saith
             he
             )
             
               the
               King
               of
            
             France
             
               did
               expresly
               forbid
               any
               of
               his
               subjects
               to
               goe
               to
            
             Ferrara
             
               to
               celebrate
               the
               holy
               Oecumenicall
               Councell
               upon
               paine
               of
               great
               penalties
               ,
               alwaies
               acknowledging
               the
               Generall
               Councell
               of
            
             Basil.
             
             This
             authour
             is
             irreproveable
             ,
             considering
             he
             was
             sent
             to
             the
             Councell
             of
             Basil
             by
             Eugenius
             ,
             to
             cause
             that
             Councell
             to
             cease
             :
             so
             farre
             forth
             that
             ,
             in
             favour
             of
             him
             ,
             he
             there
             disputed
             against
             his
             conscience
             ;
             maintaining
             some
             false
             opinions
             which
             he
             afterwards
             recanted
             in
             his
             writings
             .
          
           
             15
             To
             make
             it
             more
             evident
             that
             the
             pretended
             rejection
             of
             the
             Councell
             of
             Basil
             concernes
             onely
             the
             deposition
             of
             Eugenius
             ,
             and
             that
             it
             was
             received
             for
             all
             besides
             ,
             we
             will
             here
             produce
             the
             very
             words
             of
             a
             protestation
             made
             by
             King
             Charles
             the
             sixt
             .
             
               The
               King
               protesteth
               as
               a
               most
               Christian
               Prince
               treading
               in
               the
               footsteps
               of
               his
               predecessors
               ,
               that
               hee
               will
               obey
               the
               Church
               duly
               and
               lawfully
               assembled
               .
               But
               forasmuch
               as
               divers
               honest
               and
               grave
               personages
               doubt
               whether
               the
               suspension
               and
               deprivation
            
             (
             of
             Eugenius
             )
             
               and
               the
               election
            
             (
             of
             Felix
             )
             
               made
               at
            
             Basil
             ,
             
               be
               well
               and
               canonically
               performed
               and
               celebrated
               ;
               and
               that
               it
               is
               questioned
               ,
               whether
               that
               assembly
               ,
               then
               when
               these
               things
               were
               done
               ,
               did
               sufficiently
               represent
               the
               Church
               Catholique
               ,
               to
               proceed
               to
               such
               great
               matters
               and
               so
               important
               :
               the
               King
               persists
               and
               remaines
               in
               obedience
               to
            
             Eugenius
             ,
             
               in
               which
               hee
               is
               at
               this
               present
               .
            
             This
             protestation
             was
             made
             the
             second
             of
             September
             1440
             ,
             and
             is
             printed
             with
             an
             oration
             of
             M●
             
               Iohn
               Gersons
            
             .
             All
             the
             *
             Historians
             that
             have
             writ
             of
             this
             Councell
             do
             highly
             comm●nd
             the
             beginning
             of
             it
             ,
             and
             find
             no
             fault
             with
             it
             ,
             no
             not
             in
             that
             which
             concernes
             the
             reformation
             of
             the
             head
             and
             members
             .
             But
             for
             the
             end
             ,
             they
             say
             that
             was
             shamefull
          
           
             16
             Bellarmine
             saith
             further
             ,
             that
             the
             Fathers
             of
             the
             Councell
             of
             Basil
             did
             submit
             themselves
             to
             Pope
             Nicholas
             the
             fift
             ;
             as
             also
             Pope
             Felix
             ,
             whom
             they
             had
             created
             ,
             did
             yeeld
             to
             Nicholas
             the
             successour
             of
             Eugenius
             .
             Wee
             answer
             ,
             that
             for
             the
             quietnesse
             sake
             of
             the
             Church
             ,
             Felix
             did
             resigne
             the
             Popedome
             ,
             and
             yeelded
             to
             Nicholas
             ;
             as
             the
             act
             of
             that
             Session
             hath
             it
             :
             and
             that
             Nicholas
             was
             created
             Pope
             anew
             by
             the
             Councell
             of
             Lausanne
             ,
             which
             was
             nothing
             else
             but
             that
             of
             Basil
             :
             and
             that
             this
             very
             Pope
             confirmed
             the
             Acts
             of
             the
             Councell
             of
             Basil.
             Now
             in
             the
             Act
             of
             his
             creation
             there
             is
             this
             amongst
             other
             things
             :
             
               We
               have
               declared
               that
               peace
               is
               necessary
               ,
               yet
               so
               as
               the
               authority
               of
               the
               Church
               bee
               alwayes
               preserved
               entire
               ,
               according
               to
               the
               determination
               of
               the
               holy
               Councell
               of
            
             Constance
             .
             And
             afterwards
             ;
             
               The
               holy
               Synod
               lawfully
               assembled
               ,
               representing
               the
               Church
               Catholique
               ,
               with
               mature
               and
               concordant
               deliberation
               ,
               hath
               chosen
               the
               welbeloved
               sonne
               of
               the
               Church
            
             Thomas
             
               for
               supreme
               Bishop
               ,
               calling
               him
               by
               the
               name
               which
               hee
               is
               now
               called
               ,
            
             Nicholas
             
               the
               fift
            
             .
             This
             was
             done
             in
             the
             yeare
             1449.
             
             In
             the
             same
             Act
             it
             is
             said
             that
             the
             Kings
             of
             
               England
               ,
               France
               ,
               Sicily
            
             ,
             and
             the
             Dolphin
             did
             much
             further
             that
             union
             .
          
           
             17
             Bellarmine
             urgeth
             Leo
             the
             tenth
             against
             us
             also
             ,
             and
             the
             Councell
             of
             Lateran
             ,
             which
             was
             continued
             and
             ended
             under
             him
             ,
             after
             it
             was
             begun
             by
             Iulius
             the
             second
             .
             For
             the
             better
             judging
             of
             the
             validity
             of
             this
             Councell
             ,
             wee
             must
             know
             the
             cause
             of
             it
             ,
             as
             Onuphrius
             a
             witnesse
             beyond
             exception
             doth
             deliver
             it
             .
             
             The
             French
             
               being
               puffed
               up
               with
               the
               good
               successe
               of
               their
               affaires
               summoned
               Pope
            
             Iulius
             
               the
               second
               to
               a
               Councell
               which
               should
               be
               holden
               at
            
             Pisa
             
               the
               first
               of
               September
               ,
               as
               it
               was
               agreed
               upon
               betwixt
               them
               and
               the
               Emperor
               ,
               and
               the
               Cardinals
               that
               were
               revolted
               from
               the
               Pope
               :
               who
               having
               laboured
               to
               make
               peace
               with
               the
               King
               of
            
             France
             Lewes
             
               the
               twelfth
               ,
               upon
               condition
               of
               recovering
            
             Bonony
             
               and
               dismissing
               this
               Councell
               of
            
             Pisa
             :
             
               seeing
               that
               hee
               was
               growne
               insolent
               after
               his
               victory
               ,
               and
               that
               he
               obstinately
               refused
               to
               hearken
               unto
               him
               ,
               by
               the
               advice
               of
            
             Anthony
             de
             Monte
             ,
             
               he
               called
               the
               Generall
               Councell
               of
            
             Lateran
             to
             Rome
             ,
             
               to
               defeat
               the
               Conventicle
               of
            
             Pisa.
             
               And
               besides
               he
               excommunicated
               the
               King
               of
            
             France
             ,
             
             the
             Florentines
             
               who
               had
               received
               the
               Councell
               into
               the
               City
               of
            
             Pisa
             ,
             
             
               and
               all
               those
               that
               were
               assembled
               thither
               .
               He
               deprived
               five
               Cardinals
               of
               all
               their
               honours
               and
               dignities
               ,
               who
               had
               beene
               the
               authors
               of
               that
               Councell
               .
            
             He
             labours
             to
             sleight
             the
             authority
             of
             this
             Councell
             ,
             by
             setting
             downe
             the
             small
             number
             of
             Cardinals
             ,
             yea
             by
             minishing
             of
             them
             contrary
             to
             truth
             .
             For
             by
             the
             Acts
             thereof
             it
             appeares
             that
             there
             were
             other
             five
             besides
             those
             whose
             names
             hee
             rehearseth
             .
             The
             author
             of
             the
             Dialogue
             upon
             the
             death
             of
             Iulius
             reckons
             nine
             .
             
               Nine
               Cardinals
            
             (
             saith
             Iulius
             ,
             who
             is
             the
             speaker
             )
             
               revolt
               from
               me
               ,
               proclaime
               a
               Councell
               ;
               invite
               me
               to
               come
               to
               it
               ,
               desire
               me
               to
               preside
               at
               it
               :
               when
               they
               cannot
               obtaine
               that
               ,
               they
               call
               it
               themselves
               ,
               and
               summon
               all
               the
               world
               unto
               it
               ,
               with
               the
               authority
               of
            
             Maximilian
             
               as
               Emperour
               ,
               and
            
             Lewes
             
               the
               twelfth
               ,
               King
               of
            
             France
             .
             But
             let
             him
             make
             the
             number
             as
             little
             as
             he
             will
             ,
             it
             may
             suffice
             our
             other
             Frenchmen
             ,
             yea
             all
             good
             Christians
             ,
             that
             this
             reverend
             Councell
             of
             Lateran
             was
             not
             called
             out
             of
             any
             zeale
             to
             religion
             ,
             but
             onely
             to
             breake
             that
             of
             Pisa
             ,
             and
             to
             hinder
             the
             reformation
             which
             they
             would
             have
             made
             of
             the
             head
             and
             the
             members
             .
             But
             it
             is
             fitting
             to
             shew
             thoroughly
             the
             validity
             of
             that
             of
             Pisa
             ,
             and
             the
             nullity
             of
             the
             Lateran●
             to
             the
             honour
             of
             our
             Kings
             ,
             and
             the
             shame
             of
             the
             Popes
             .
          
           
             18
             The
             world
             had
             a
             long
             time
             gaped
             after
             that
             so
             much
             desired
             reformation
             of
             the
             Head
             and
             the
             members
             :
             ●ivers
             Councels
             had
             bin
             holden
             for
             that
             end
             ,
             but
             still
             in
             vaine
             ,
             by
             reason
             of
             the
             Popes
             craftinesse
             .
             I
             will
             say
             nothing
             without
             good
             warrant
             :
             that
             is
             a
             thing
             must
             bee
             looked
             to
             nowadayes
             .
             Give
             eare
             therefore
             to
             the
             instructions
             which
             the
             Cardinals
             that
             called
             the
             Councell
             of
             Pisa
             gave
             to
             
               Ioannes
               Baptista
               de
               Theodorico
            
             ,
             and
             
               Francis
               de
               Treio
            
             whom
             they
             sent
             to
             
               Rome
               ;
               Having
               not
               had
               any
               Generall
               Councels
            
             (
             say
             they
             )
             
               for
               so
               many
               years
               ,
               and
               how●ver
               some
               few
               were
               assembled
               ,
               as
               wee
               finde
               that
               there
               have
               beene
               five
               within
               these
               hundred
               years
               last
               past
            
             ;
             viz.
             
               that
               of
            
             Pisa
             ,
             Constance
             ,
             Siena
             ,
             Basil
             ,
             and
             Florence
             :
             
               yet
               for
               all
               that
               the
               Church
               hath
               not
               beene
               reform'd
               effectually
               ,
               by
               reason
               of
               those
               impediments
               and
               quarrels
               which
               have
               intervened
               :
               and
               the
               Lords
               field
               in
               the
               meane
               time
               is
               overgrowne
               with
               briers
               and
               thornes
               ,
               that
               must
               of
               necessity
               bee
               purged
               by
               a
               Councell
               .
            
             Vpon
             this
             occasion
             also
             it
             was
             religiously
             ordain'd
             by
             the
             Councels
             of
             Constance
             and
             Basil
             ,
             that
             Synods
             should
             bee
             held
             every
             ten
             yeers
             .
          
           
             19
             But
             this
             being
             neglected
             by
             the
             Popes
             after
             the
             Councels
             of
             Lausanne
             and
             Florence
             ,
             at
             last
             the
             See
             comming
             to
             be
             void
             in
             the
             yeare
             1503
             ,
             the
             Cardinals
             before
             they
             went
             to
             a
             new
             election
             ,
             bound
             themselves
             by
             an
             oath
             ,
             that
             hee
             amongst
             them
             upon
             whom
             the
             election
             should
             light
             ,
             should
             bee
             bound
             to
             call
             a
             Councell
             within
             two
             years
             after
             :
             and
             they
             drew
             an
             instrument
             hereof
             ,
             whose
             inscription
             runnes
             thus
             ;
             
               The
               things
               underwritten
               are
               the
               publique
               chapters
               ordained
               betwixt
               the
               supreme
               Bishop
               that
               shall
               bee
               ,
               and
               the
               right
               reverend
               Cardinals
               unanimously
               ,
               and
               with
               common
               consent
               for
               the
               defence
               of
               the
               libertie
               of
               the
               faith
               ,
               and
               the
               reformation
               of
               the
               Church
               in
               the
               Head
               and
               members
               .
            
             Then
             follows
             the
             text
             ;
             
               We
               all
               and
               every
               one
               of
               the
               Cardinals
               of
               the
               holy
               Church
               of
            
             Rome
             
               here
               underwritten
               ,
               do
               swear
               and
               vow
               to
               God
               Almighty
               ,
               to
               the
               holy
               Apostles
            
             Peter
             and
             Paul
             ,
             
               and
               promise
               to
               all
               the
               saints
               of
               holy
               Church●
               that
               if
               any
               of
               us
               be
               chosen
               Pope
               ,
               presently
               after
               the
               solemnity
               of
               his
               election
               ,
               he
               shall
               sweare
               and
               vow
               purely
               ,
               and
               in
               all
               simplicity
               ,
               and
               good
               truth
               ,
               to
               keep
               and
               cause
               to
               be
               effectually
               fulfilled
               and
               kept
               ,
               all
               and
               singular
               the
               Chapters
               here
               underwritten
               ,
               and
               to
               require
               all
               notaries
               to
               send
               out
               publique
               Buls
               of
               the
               same
               .
            
          
           
             20
             
               First
               of
               all
               hee
               shall
               swear
               and
               promise
               ,
               that
               ,
               in
               case
               of
               necessity
               of
               assisting
               faithfull
               Christians
               ,
            
             &c.
             
             There
             are
             yet
             some
             more
             Chapters
             ,
             and
             then
             it
             is
             said
             ;
             
               Item
               ,
               forasmuch
               as
               it
               is
               very
               important
               to
               call
               a
               Generall
               Councell
               with
               all
               speed
               ,
               for
               the
               peace
               of
               Christians
               ,
               the
               reformation
               of
               the
               Church
               ,
               the
               abolishing
               of
               many
               exactions●
               as
               also
               for
               an
               expedition
               against
               the
               infidels
               :
               hee
               shall
               promise
               ,
               swear
               ,
               and
               vow
               to
               call
               it
               within
               two
               yeares
               after
               his
               creation
               ,
               and
               to
               begin
               it
               effectually
               
               in
               some
               place
               of
               freedome
               and
               safety
            
             ;
             
             
               which
               shall
               bee
               chosen
               by
               him
               and
               two
               parts
               of
               the
               right
               reverend
               Lord
               Cardinals
               ,
               by
            
             †
             balots
             .
          
           
             
               The
               oath
               and
               vow
               made
               by
               the
               Cardinals
               concerning
               the
               things
               aforesaid
               .
            
             
               21
               
                 Wee
                 all
                 and
                 every
                 one
                 of
                 us
                 the
                 Cardinals
                 of
                 the
                 holy
                 Roman
                 Church●
                 assembled
                 together
                 at
                 Rome
                 in
                 the
                 Palace
                 Apostolique
                 ,
                 for
                 the
                 election
                 of
                 a
                 future
                 Pope
                 of
                 Rome
                 ,
                 con●irming
                 the
                 Chapters
                 aforesaid
                 ,
                 agreed
                 upon
                 amongst
                 us
                 with
                 consent
                 and
                 concord
                 ,
                 for
                 defence
                 of
                 the
                 Catholique
                 faith●
                 Ecclesiasticall
                 liberty
                 ,
                 reformation
                 of
                 the
                 Church
                 in
                 the
                 Head
                 and
                 members
                 ,
                 and
                 for
                 the
                 band
                 of
                 charity
                 and
                 peace
                 betwixt
                 the
                 supreme
                 Bishop
                 and
                 the
                 Cardinals
                 of
                 the
                 Church
                 of
                 Rome
                 his
                 brethren
                 ;
                 do
                 vow
                 to
                 God
                 ,
                 to
                 the
                 glorious
                 Virgin
                 Mary
                 his
                 mother
                 ,
                 to
                 the
                 blessed
                 Apostles
                 ,
                 and
                 to
                 all
                 the
                 Court
                 of
                 heaven
                 ,
                 swearing
                 upon
                 the
                 holy
                 Gospels
                 corporally
                 touched
                 ,
                 one
                 to
                 another
                 ,
                 and
                 also
                 to
                 the
                 publique
                 notaries
                 here
                 unde●written
                 ,
                 as
                 legall
                 persons
                 covenanting
                 in
                 the
                 name
                 of
                 the
                 holy
                 mother
                 Church
                 ,
                 and
                 of
                 our
                 sacred
                 Colledge
                 ,
                 and
                 of
                 all
                 others
                 that
                 have
                 any
                 interest
                 therein
                 ;
                 that
                 whosoever
                 amongst
                 us
                 shall
                 bee
                 chosen
                 Pope
                 ,
                 hee
                 shall
                 fulfill
                 and
                 keep
                 all
                 and
                 singular
                 the
                 things
                 contained
                 in
                 the
                 said
                 Chapters
                 ,
                 without
                 all
                 coven
                 ,
                 fraud
                 ,
                 and
                 treach●ry
                 ,
                 and
                 without
                 using
                 any
                 exception
                 :
                 that
                 hee
                 shall
                 not
                 countermand●ny
                 of
                 them
                 directly
                 or
                 indirectly
                 ,
                 openly
                 or
                 privatly
                 :
                 that
                 after
                 his
                 election
                 ,
                 or
                 before
                 the
                 publication
                 of
                 it
                 ,
                 hee
                 shall
                 confirme
                 all
                 the
                 things
                 aforesaid
                 ,
                 and
                 shall
                 approve
                 them
                 in
                 authentique
                 forme
                 ,
                 and
                 s●all
                 make
                 an
                 absolute
                 promise
                 of
                 them
                 anew
                 ;
                 yea
                 and
                 that
                 in
                 manner
                 of
                 a
                 contract
                 ,
                 &c.
                 
              
               There
               are
               yet
               some
               other
               clauses
               to
               restraine
               him
               further
               ,
               which
               need
               not
               be
               rehearsed
               :
               they
               being
               all
               bound
               and
               tyed
               by
               this
               vow
               and
               solemne
               oath
               ,
               Iulius
               the
               second
               was
               chosen
               Pope
               ,
               being
               one
               of
               them
               that
               had
               sworne
               so
               religiously
               ;
               who
               to
               satisfie
               what
               was
               promised
               ,
               made
               his
               Papall
               oath
               in
               this
               wise
               .
            
          
           
             
               The
               subscription
               ,
               vow
               ,
               and
               oath
               of
               Pope
               Iulius
               the
               se●●nd
               concerning
               the
               things
               aforesaid
               .
            
             
               22
               I
               Iulius
               
                 the
                 second
                 ,
                 Pope
                 ,
                 being
                 chosen
                 to
                 the
                 dignity
                 of
                 supreme
                 Bishop
                 ,
                 doe
                 promise
                 ,
                 swear
                 ,
                 and
                 make
                 a
                 vow
                 ,
                 to
                 fulfill
                 and
                 keepe
                 all
                 the
                 things
                 aforesaid
                 ,
                 and
                 every
                 of
                 them
                 ,
                 wholly
                 and
                 entirely
                 ,
                 purely
                 ,
                 simply
                 ,
                 in
                 good
                 truth
                 ,
                 readily
                 and
                 effectually
                 ,
                 upon
                 paine
                 of
                 perjury
                 ,
                 and
                 anathema
                 ;
                 from
                 which
                 I
                 will
                 neither
                 absolve
                 my selfe
                 ,
                 nor
                 procure
                 my selfe
                 to
                 bee
                 absolved
                 by
                 any
                 other
                 .
                 So
                 helpe
                 me
                 God
                 and
                 the
                 holy
                 Gospels
                 .
              
               All
               this
               was
               done
               in
               the
               year
               1503.
               
               Now
               Iulius
               so
               litle
               regarded
               those
               two
               oathes
               so
               solemnly
               sworne
               ,
               that
               he
               let
               not
               onely
               two
               years
               go
               ,
               but
               even
               six
               or
               seven
               over
               and
               above
               ,
               without
               ever
               taking
               any
               great
               thought
               of
               accomplishing
               his
               vow
               .
               Whereupon
               the
               Emperour
               Maximilian
               ,
               King
               Lewes
               the
               twelfth
               ,
               with
               a
               number
               of
               Cardinals
               and
               divers
               other
               persons
               being
               scandalized
               ,
               especially
               because
               Iulius
               ,
               more
               strongly
               representing
               an
               Emperour
               than
               a
               Pope
               ,
               did
               imploy
               himselfe
               in
               wageing
               warre
               ,
               they
               resolved
               to
               take
               order
               for
               it
               ;
               and
               to
               that
               end
               those
               Cardinals
               ,
               upon
               request
               made
               unto
               them
               by
               those
               two
               Princes
               ,
               called
               the
               General
               Councel
               of
               Pisa
               ,
               in
               default
               of
               the
               Pope
               ,
               the
               year
               1511.
               
               Which
               the
               Pope
               perceiving
               hee
               called
               his
               at
               Rome
               ,
               to
               quash
               the
               other
               ,
               as
               Onuphrius
               told
               us
               .
               So
               that
               the
               one
               is
               called
               upon
               a
               lawfull
               cause●
               the
               other
               to
               a
               very
               bad
               end
               .
            
             
               23
               This
               is
               not
               all
               .
               The
               Councell
               of
               Pisa
               submitted
               so
               farre
               to
               Pope
               Iulius
               ,
               that
               when
               they
               saw
               he
               was
               determined
               to
               keepe
               a
               Councell
               ,
               they
               desired
               him
               
               to
               have
               it
               in
               some
               free
               citie
               ,
               and
               of
               safe
               accesse
               ;
               
               which
               if
               so
               ,
               then
               they
               offered
               to
               come
               unto
               it
               .
               For
               you
               must
               take
               notice
               by
               the
               way
               ,
               that
               this
               was
               another
               
                 Iulius
                 Cesar
              
               ,
               which
               made
               his
               armour
               ring
               all
               Italy
               over
               ,
               and
               that
               even
               against
               the
               Gauls
               aswell
               as
               the
               former
               whose
               name
               hee
               bore
               :
               Yea
               they
               came
               so
               far
               as
               to
               entreat
               him
               to
               make
               choice
               of
               any
               one
               of
               those
               ten
               free
               cities
               which
               they
               should
               nominate
               in
               divers
               Provinces
               :
               or
               himselfe
               to
               nominate
               as
               many
               in
               Italy
               ,
               which
               were
               not
               vnder
               his
               temporall
               jurisdiction
               ,
               nor
               under
               the
               Venetians
               ,
               and
               they
               would
               agree
               of
               one
               of
               them
               ;
               
                 To
                 the
                 end
              
               (
               say
               they
               )
               
                 that
                 it
                 may
                 be
                 evident
                 to
                 every
                 one
                 that
                 the
                 holy
                 Councel
                 proceeds
                 in
                 all
                 things
                 with
                 bounty
                 ,
                 humility
                 ,
                 and
                 peace
                 ;
                 and
                 that
                 they
                 doe
                 not
                 deny
                 your
                 due
                 reverence
                 ,
                 they
                 have
                 thought
                 good
                 to
                 send
                 their
                 Oratours
                 unto
                 you
                 with
                 expresse
                 charge
                 and
                 speciall
                 power
                 ,
                 that
                 the
                 cities
                 here
                 mentioned
                 ,
                 be
                 presented
                 to
                 your
                 Holynesse
                 in
                 the
                 name
                 of
                 the
                 Synod
                 ,
                 which
                 are
                 most
                 of
                 them
                 Imperiall
                 cities
                 :
                 to
                 wit
                 ,
                 in
              
               Italy
               ,
               Vercel
               ,
               Turin
               ,
               Casal
               of
               Montferrat
               ,
               and
               Verona
               :
               
                 Out
                 of
              
               Italy
               ,
               Geneva
               ,
               Constance
               ,
               Besanzon
               ,
               Mentz
               ,
               Avignon
               ,
               and
               Lyons
               ,
               
                 to
                 chuse
                 which
                 of
                 them
                 you
                 please
                 :
                 after
                 which
                 choice
                 the
                 Councel
                 will
                 remove
                 thither
                 ,
              
               &c.
               
               
                 But
                 if
                 your
                 Holynesse
                 thinke
                 it
                 not
                 fit
                 to
                 accept
                 of
                 any
                 of
                 these
                 places
                 ,
                 for
                 the
                 greater
                 evidence
                 of
                 the
                 good
                 meaning
                 of
                 the
                 Synod
                 ,
                 and
                 to
                 make
                 their
                 reverence
                 towards
                 the
                 Pope
                 more
                 plainely
                 appeare
                 ,
                 it
                 is
                 left
                 to
                 his
                 power
                 to
                 nominate
                 as
                 many
                 Imperiall
                 cities
                 in
              
               Italy
               ,
               
                 so
                 they
                 bee
                 not
                 within
                 his
                 temporall
                 dominions
                 nor
                 the
              
               Venetian
               jurisdiction
               ,
               &c.
               
            
             
               24
               The
               Oratours
               of
               the
               Synod
               having
               sent
               a
               messenger
               from
               Florence
               to
               Rome
               ,
               to
               get
               a
               safe
               conduct
               of
               the
               Pope
               ,
               they
               had
               no
               list
               to
               goe
               any
               further
               by
               reason
               of
               the
               ill
               entreating
               ,
               the
               injuries
               and
               beatings
               done
               to
               him
               whom
               they
               sent
               ;
               who
               was
               compelled
               for
               fear
               of
               prison
               or
               death
               ,
               to
               returne
               without
               doing
               any
               thing
               :
               of
               which
               there
               was
               an
               Act
               and
               instrument
               drawne
               ,
               which
               is
               extant
               amongst
               those
               of
               the
               same
               Councell
               .
               The
               Synod
               being
               advertised
               hereof
               ,
               did
               resolve
               to
               expect
               yet
               thirty
               dayes
               ,
               to
               see
               whether
               the
               Pope
               would
               alter
               his
               resolution
               :
               whereof
               intimation
               might
               be
               made
               unto
               him
               by
               placards
               set
               up
               in
               places
               next
               adjoyning
               ,
               because
               free
               accesse
               thither
               could
               not
               be
               had
               .
               All
               this
               is
               related
               in
               the
               very
               Acts.
               Wee
               may
               doe
               better
               to
               set
               downe
               the
               very
               words
               of
               them
               .
               
                 But
                 forasmuch
                 as
                 the
                 said
                 Oratours
                 ,
                 as
                 soone
                 as
                 they
                 were
                 arrived
                 at
              
               Florence
               ,
               
                 sent
                 a
                 faithfull
                 and
                 loyall
                 messenger
                 to
                 the
                 Court
                 of
              
               Rome
               ,
               
                 to
                 procure
                 a
                 safe
                 conduct
                 from
                 the
                 Pope
                 .
                 Which
                 they
                 not
                 only
                 did
                 not
                 obtaine
                 ;
                 but
                 ,
                 which
                 is
                 worse
                 ,
                 the
                 messenger
                 was
                 so
                 horribly
                 threatned
                 ,
                 that
                 hee
                 was
                 constrained
                 to
                 flie
                 for
                 feare
                 of
                 prison
                 or
                 death
                 ,
                 and
                 to
                 returne
                 againe
                 to
                 the
                 said
                 Oratours
                 ,
                 (
                 as
                 appears
                 more
                 at
                 large
                 by
                 the
                 instrument
                 made
                 thereupon
                 )
                 the
                 holy
                 Synod
                 granteth
                 &
                 appointeth
                 another
                 terme
                 of
                 thirty
                 dayes
                 ,
              
               &c.
               
               
                 And
                 forasmuch
                 as
                 it
                 is
                 notorious
                 that
                 there
                 is
                 no
                 free
                 accesse
                 to
                 the
                 Pope
                 ,
                 the
                 holy
                 Synod
                 ordaines
                 that
                 this
                 decree
                 of
                 prefixing
                 this
                 terme
                 bee
                 published
                 and
                 intimated
                 to
                 his
                 Holynesse
                 ,
                 by
                 billes
                 set
                 up
                 (
                 if
                 it
                 may
                 be
                 done
                 )
                 in
                 the
                 neighbouring
                 places
                 and
                 next
                 adjoyning
                 ;
                 whereby
                 probably
                 it
                 may
                 come
                 to
                 the
                 knowledge
                 of
                 the
                 Pope
                 ,
                 or
                 at
                 least
                 to
                 the
                 Cities
                 of
              
               Milan
               or
               Florence
               .
            
             
               25
               The
               Pope
               in
               stead
               of
               accepting
               what
               was
               fairely
               offered
               him
               ,
               on
               the
               contrary
               commanded
               all
               those
               of
               that
               Synod
               to
               depart
               from
               thence
               ,
               upon
               paine
               of
               loosing
               their
               offices
               and
               benefices
               ,
               say
               the
               same
               Acts.
               Yea
               he
               and
               his
               Councell
               went
               so
               farre
               as
               to
               excommunicate
               King
               Lewes
               the
               twelfth
               ,
               and
               the
               Cardinals
               that
               were
               at
               Pisa
               ,
               
               (
               as
               saith
               Onuphrius
               )
               putting
               the
               Realme
               of
               France
               in
               an
               interdict
               ,
               and
               stirring
               up
               the
               Kings
               of
               Spaine
               and
               England
               against
               our
               Prince
               ,
               the
               one
               whereof
               brought
               over
               his
               armies
               into
               France
               ,
               and
               the
               other
               into
               the
               Kingdome
               of
               Navarre
               ,
               (
               as
               the
               same
               author
               hath
               it
               )
               a
               great
               part
               whereof
               he
               conquered
               ,
               and
               yet
               holds
               by
               that
               only
               title
               .
               It
               is
               further
               to
               bee
               observed
               ,
               in
               behalfe
               of
               our
               France
               ,
               that
               there
               were
               a
               great
               number
               of
               Bishops
               and
               other
               Prelats
               ,
               and
               Ecclesiasticall
               persons
               of
               this
               Kingdome
               present
               there
               at
               
               Pisa
               ,
               and
               besides
               the
               deputies
               of
               the
               Vniversities
               of
               
                 Paris
                 ,
                 Tholouse
              
               ,
               and
               Poictiers
               ,
               
               as
               it
               is
               recorded
               in
               the
               same
               Acts.
               So
               that
               whatsoever
               was
               there
               done
               by
               Pope
               Iulius
               ,
               doth
               principally
               redound
               to
               the
               discredit
               of
               this
               Nation
               .
            
             
               26
               But
               that
               it
               may
               more
               clearly
               appeare
               what
               manner
               of
               man
               this
               Iulius
               wa●
               ,
               we
               will
               here
               set
               downe
               what
               the
               
                 Legend
                 of
                 Flamens
              
               saith
               of
               him
               ,
               an
               ancient
               book
               and
               not
               to
               be
               excepted
               against
               in
               this
               case
               .
               
                 O
                 Pope
                 Iulius
                 (
                 saith
                 it
                 )
                 who
                 wast
                 surely
                 the
                 abomination
                 of
                 all
                 desolation
                 ,
                 (
                 as
                 a
                 moderne
                 authour
                 testifies
                 )
                 durst
                 thou
                 falsifie
                 thy
                 faith
                 ,
                 desert
                 St.
                 Peters
                 chaire
                 ,
                 and
                 usurpe
                 the
                 title
                 ,
                 not
                 only
                 of
                 
                   Iulius
                   Cesar
                
                 ,
                 (
                 for
                 he
                 never
                 falsified
                 his
                 faith
                 ,
                 nor
                 ever
                 went
                 against
                 his
                 loyalty
                 ,
                 as
                 thou
                 )
                 but
                 of
                 Iulian
                 the
                 Apostat
                 ,
                 whose
                 name
                 thou
                 hast
                 borne
                 for
                 a
                 long
                 time
                 ,
                 (
                 
                   Conveniunt
                   rebus
                   nomina
                
                 )
                 and
                 unfold
                 and
                 display
                 the
                 Apostolicall
                 keyes
                 ,
                 and
                 the
                 three
                 crownes
                 in
                 the
                 field
                 ?
                 sleep
                 in
                 the
                 watch-tower
                 ?
                 God
                 knowes
                 how
                 bravely
                 hee
                 made
                 the
                 crosses
                 ,
                 crosiers
                 ,
                 and
                 mitres
                 to
                 clash
                 and
                 flourish
                 in
                 the
                 campe
                 .
                 The
                 divell
                 himselfe
                 durst
                 not
                 have
                 come
                 there
                 .
                 For
                 benedictions
                 and
                 plenary
                 indulgences
                 
                   à
                   poena
                   &
                   culpa
                
                 marched
                 so
                 thicke
                 as
                 nothing
                 more
                 .
                 And
                 to
                 prove
                 this
                 true
                 ,
                 in
                 the
                 moneth
                 of
                 August
                 last
                 past
                 ,
                 when
                 I
                 complained
                 to
                 one
                 of
                 the
                 late
                 Pope
                 Leo's
                 Chamberlaines
                 ,
                 of
                 the
                 inconstancy
                 ,
                 or
                 rather
                 disloyalty
                 and
                 treason
                 of
                 Pope
                 Leo
                 the
                 tenth
                 ,
                 who
                 against
                 his
                 faith
                 and
                 promise
                 so
                 solemnly
                 sworne
                 at
                 the
                 Parliament
                 of
                 Boloyne
                 to
                 the
                 most
                 Christian
                 King
                 Francis
                 of
                 France
                 ,
                 had
                 declared
                 himselfe
                 the
                 Kings
                 enemy
                 ,
                 wondring
                 with
                 my self
                 at
                 the
                 litle
                 fidelity
                 and
                 loyalty
                 of
                 the
                 moderne
                 Popes
                 ;
                 more
                 especially
                 of
                 the
                 two
                 last
                 ,
                 Iulius
                 the
                 Genoois
                 ,
                 and
                 Leo
                 the
                 Florentine
                 ,
                 considering
                 that
                 in
                 former
                 times
                 the
                 Popes
                 would
                 have
                 chosen
                 to
                 suffer
                 death
                 rather
                 than
                 breake
                 their
                 promise
                 ;
                 he
                 swore
                 and
                 protested
                 unto
                 me
                 ,
                 that
                 when
                 Ferdinand
                 King
                 of
                 Aragon
                 ,
                 came
                 out
                 of
                 his
                 countrey
                 of
                 Spaine
                 ,
                 into
                 the
                 City
                 of
                 Savoy
                 ,
                 the
                 same
                 Pope
                 Iulius
                 had
                 sent
                 him
                 an
                 absolution
                 from
                 the
                 treason
                 which
                 was
                 then
                 hatched
                 ,
                 and
                 plotted
                 to
                 cozen
                 King
                 Lewes
                 of
                 France
                 .
              
               He
               speaks
               more
               of
               this
               point
               than
               I
               was
               aware
               of
               :
               for
               he
               joynes
               Leo
               the
               tenth
               with
               Iulius
               .
               And
               if
               I
               were
               not
               afraid
               to
               be
               cen●ured
               that
               I
               went
               about
               to
               expose
               the
               personall
               vices
               of
               this
               Leo
               ,
               contrary
               to
               my
               protestation
               ,
               
               I
               could
               here
               represent
               him
               all
               loaden
               with
               vices
               and
               crimes
               .
               It
               shall
               suffice
               me
               to
               referre
               the
               reader
               to
               those
               that
               have
               spoken
               of
               his
               life
               ,
               and
               amongst
               others
               to
               Langius
               a
               German
               Monke
               .
            
             
               27
               See
               here
               then
               the
               two
               authors
               of
               this
               Councell
               of
               Lateran
               ,
               which
               is
               now
               opposed
               against
               the
               first
               and
               second
               of
               Pisa
               ,
               those
               of
               
                 Constance
                 ,
                 Basil
                 ,
                 Siena
              
               ,
               and
               Lausanne
               ,
               and
               against
               our
               Pragmatique
               Sanction
               .
               The
               former
               called
               it
               ,
               and
               the
               latter
               continued
               it
               .
               The
               former
               triumphs
               victoriously
               over
               the
               Councell
               of
               Pisa
               ;
               and
               the
               latter
               over
               the
               Pragmatique
               Sanction
               ;
               and
               together
               with
               it
               over
               the
               Councels
               of
               Basil
               and
               Constance
               ,
               if
               wee
               may
               beleeve
               them
               in
               this
               point
               ,
               and
               let
               them
               alone
               here
               .
               Wee
               may
               then
               affirme
               that
               this
               Councell
               of
               Pisa
               was
               lawfully
               called
               ,
               and
               upon
               just
               and
               necessary
               causes
               :
               and
               on
               the
               other
               side
               that
               this
               of
               Lateran
               ought
               to
               bee
               reputed
               schismaticall
               and
               illegitimate
               ,
               being
               it
               was
               assembled
               by
               a
               Pope
               doubly
               perjured
               and
               contumacious
               ,
               onely
               to
               serve
               his
               owne
               passion
               ,
               to
               decline
               a
               reformation
               ,
               and
               live
               in
               disorder
               :
               to
               make
               a
               mocke
               of
               that
               laudable
               designe
               of
               the
               Princes
               and
               Clergy
               ,
               who
               dreamed
               of
               the
               good
               of
               Christendome
               .
               But
               the
               French
               are
               unworthy
               the
               honour
               of
               their
               nattion
               ,
               if
               they
               do
               not
               for
               ever
               detest
               and
               abhorre
               this
               pretended
               Councell
               ,
               which
               did
               so
               much
               mischief
               and
               trouble
               to
               that
               great
               Prince
               Lewes
               the
               twelfth
               :
               which
               did
               anathematize
               him
               ,
               and
               interdict
               his
               kingdome
               :
               which
               raised
               up
               armies
               on
               all
               sides
               to
               assassinate
               him
               :
               which
               made
               the
               fields
               blush
               with
               bloud
               :
               which
               caused
               the
               townes
               and
               kingdomes
               that
               did
               him
               homage
               to
               be
               invaded
               :
               which
               pronounced
               a
               nullity
               and
               flaw
               against
               that
               which
               was
               ordained
               and
               decreed
               at
               the
               Councell
               of
               Pisa
               by
               the
               most
               famous
               Prelates
               and
               Vniversities
               of
               this
               Realme
               .
            
             
             
               
               28
               
                 Signauter
                 dico
              
               ,
               which
               did
               interdict
               both
               the
               King
               and
               Kingdome
               :
               for
               it
               is
               not
               Iulius
               alone
               but
               all
               his
               Councell
               .
               In
               the
               third
               Session
               whereof
               was
               that
               thundering
               Bull
               of
               his
               made
               ,
               which
               remaines
               there
               yet
               all
               entire
               .
               Out
               of
               which
               I
               have
               collected
               this
               piece
               .
               
               
                 With
                 the
                 approbation
                 of
                 the
                 sacred
                 Councell
                 we
                 condemne
                 ,
                 reject
                 ,
                 detest
                 ,
                 and
                 declare
                 to
                 be
                 void
                 ,
                 invalid
                 ,
                 and
                 of
                 no
                 effect
                 ,
                 all
                 the
                 acts
                 ,
                 facts
                 ,
                 gests
                 and
                 writings
                 published
                 and
                 ordained
                 by
                 the
                 children
                 of
                 damnation
                 ,
                 
                   Bernardin
                   Caravaial
                   ,
                   William
                   Brizonnet
                   ,
                   Renald
                   de
                   Pria
                   ,
                
                 and
                 
                   Frederic
                   de
                   Saint
                   Severin
                
                 ,
                 heretofore
                 Cardinals
                 ,
                 together
                 with
                 their
                 favourers
                 ,
                 abettours
                 ,
                 and
                 complices
                 ,
                 Schismatiques
                 and
                 Heretiques
                 :
                 who
                 endeavour
                 to
                 breake
                 the
                 union
                 of
                 the
                 holy
                 mother
                 Church
                 by
                 the
                 Conventicles
                 of
                 
                   Pisa
                   ,
                   Milan
                
                 ,
                 and
                 Lyons
                 .
                 We
                 doe
                 likewise
                 ,
                 with
                 approbation
                 of
                 the
                 same
                 Councell
                 which
                 hath
                 full
                 cognizance
                 thereof
                 ,
                 renew
                 our
                 letters
                 ,
                 whereby
                 wee
                 have
                 interdicted
                 the
                 Kingdome
                 of
                 France
                 ,
                 because
                 of
                 the
                 approving
                 ,
                 favours
                 ,
                 assistance
                 ,
                 and
                 adherence
                 of
                 the
                 said
                 King
                 of
                 France
                 ,
                 and
                 other
                 Prelates
                 ,
                 Officers
                 ,
                 Nobles
                 ,
                 and
                 Barons
                 of
                 that
                 Realme
                 ,
                 unto
                 those
                 schismatiques
                 and
                 heretiques
                 for
                 the
                 keeping
                 and
                 continuing
                 of
                 that
                 damned
                 and
                 reprobate
                 Conventicle
                 of
                 Pisa.
                 And
                 we
                 submit
                 unto
                 this
                 interdict
                 ,
                 the
                 said
                 Kingdome
                 ,
                 with
                 all
                 the
                 townes
                 ,
                 territories
                 ,
                 cities
                 ,
                 and
                 other
                 places
                 whatsoever
                 .
              
            
             
               29
               I
               am
               not
               ignorant
               that
               after
               this
               Pope
               was
               dead
               ,
               the
               same
               King
               Lewes
               ,
               who
               had
               approved
               the
               Councell
               of
               Pisa
               by
               his
               letters
               patents
               of
               the
               16.
               of
               Iune
               1512
               ,
               verified
               in
               Parliament
               ,
               came
               afterwards
               to
               dissolve
               and
               renounce
               it
               ,
               that
               he
               might
               joyne
               with
               that
               of
               Lateran
               which
               had
               changed
               the
               master
               ;
               
               and
               that
               because
               of
               the
               good
               affection
               which
               Leo
               the
               tenth●
               the
               successor
               of
               Iulius
               shewed
               towards
               him
               .
               I
               know
               likewise
               that
               the
               Concordat
               betwixt
               the
               same
               Leo
               and
               King
               Francis
               ,
               was
               afterwards
               made
               ,
               which
               is
               recorded
               in
               the
               eleventh
               Session
               of
               that
               Councell
               ;
               and
               that
               afterwards
               in
               the
               same
               Session
               the
               abrogation
               of
               the
               Pragmatique
               Sanction
               and
               the
               Councell
               of
               Basil
               ,
               for
               as
               much
               as
               concernes
               the
               power
               of
               a
               Councell
               over
               the
               Pope
               ,
               was
               concluded
               .
               But
               I
               answer
               that
               this
               Councell
               of
               Lateran
               was
               then
               but
               a
               meere
               Conventicle
               ,
               
               considering
               it
               had
               in
               all
               but
               sixteene
               Cardinals
               and
               what
               Patriarchs
               ,
               what
               the
               Popes
               assistants
               o●
               Orators
               but
               eleven
               ,
               with
               fifty
               three
               Bishops
               ,
               one
               Abbat
               and
               foure
               Generals
               .
               Of
               which
               it
               was
               said
               by
               the
               Vniversity
               of
               Paris
               in
               the
               Act
               of
               Appeale
               put
               up
               by
               them
               ,
               
                 That
                 it
                 was
                 not
                 assembled
                 in
                 the
                 name
                 of
                 the
                 holy
                 Ghost
                 .
              
               This
               we
               urge
               of
               purpose
               against
               Bellarmine
               ,
               who
               holds
               that
               the
               Councell
               of
               Constance
               was
               not
               Oecumenicall
               ,
               for
               what
               concerns
               the
               Decrees
               of
               the
               fourth
               and
               fifth
               Sessions
               ,
               though
               there
               were
               to
               the
               number
               of
               two
               hundred
               Fathers
               ,
               because
               some
               schismaticall
               Bishops
               were
               absent
               .
               Besides
               ,
               it
               is
               certaine
               that
               the
               abrogation
               of
               the
               Pragmatique
               and
               the
               Councell
               of
               Basil
               ,
               as
               touching
               the
               power
               of
               Councels
               over
               the
               Pope
               ,
               was
               never
               approved
               in
               France
               no
               more
               than
               in
               other
               places
               :
               and
               this
               was
               it
               was
               disputed
               at
               the
               time
               of
               the
               Concordat
               ,
               and
               which
               they
               would
               never
               yeeld
               to
               .
            
             
               30
               For
               proofe
               hereof
               there
               needs
               no
               more
               but
               the
               reading
               of
               the
               opinions
               of
               certaine
               Bishops
               in
               that
               Councel
               ,
               which
               are
               set
               downe
               in
               the
               eleventh
               Session
               then
               when
               that
               point
               was
               canvassed
               .
               
               
                 After
                 the
                 reading
                 thereof
                 (
                 say
                 the
                 Acts
                 )
                 their
                 fatherhoods
                 were
                 asked
                 whether
                 this
                 Concordat
                 pleased
                 them
                 .
                 They
                 said
                 all
                 plainly
                 that
                 it
                 pleased
                 them●
                 except
                 the
                 reverend
                 Father
                 Domenic
                 Bishop
                 of
                 Lucerin
                 ,
                 who
                 said
                 the
                 things
                 contained
                 in
                 the
                 Bull
                 pleased
                 him
                 ,
                 alwaies
                 provided
                 that
                 the
                 French
                 accepted
                 the
                 other
                 Bull
                 containing
                 the
                 repeale
                 of
                 the
                 Pragmatique
                 Sanction
                 .
              
               Two
               other
               Bishops
               were
               of
               the
               same
               opinion
               :
               but
               all
               the
               rest
               went
               along
               so
               as
               that
               our
               Pragmatique
               and
               the
               Councell
               of
               Basil
               stand
               good
               still
               .
               Besides
               ,
               it
               was
               abrogated
               for
               as
               much
               as
               concerned
               the
               contumacy
               of
               Prelates
               ,
               Chapiters
               ,
               Parliaments
               ,
               Laymen
               ,
               &
               other
               French
               which
               stood
               upon
               that
               pragmatique
               ,
               who
               had
               been
               cited
               divers
               times
               in
               vain
               .
               
               Loe
               here
               now
               a
               strange
               manner
               of
               proceeding
               ,
               
               to
               pronounce
               a
               sentence
               of
               condemnation
               after
               a
               solemne
               agreement
               made
               ,
               to
               compasse
               that
               meanes
               what
               was
               denied
               them
               by
               the
               compact
               .
               And
               as
               for
               the
               abrogation
               of
               it
               made
               afterwards
               by
               the
               same
               Session
               ,
               it
               is
               repugnant
               to
               this
               agreement
               ,
               which
               being
               made
               onely
               about
               certaine
               chapters
               of
               the
               Pragmatique
               Sanction
               ,
               the
               rest
               that
               were
               never
               touched
               upon
               remaine
               still
               in
               their
               full
               strength
               .
            
             
               31
               Besides
               ,
               the
               Vniversitie
               of
               Paris
               put
               in
               an
               Appeale
               to
               a
               future
               Councell
               about
               the
               abrogation
               both
               of
               the
               Pragmatique
               Sanction
               ,
               
               and
               of
               the
               Councell
               of
               Basil
               ;
               testifying
               by
               that
               very
               Act
               that
               they
               firmly
               beleeve
               that
               a
               Councell
               is
               above
               the
               Pope
               :
               and
               in
               very
               deed
               there
               is
               none
               but
               knowes
               that
               this
               Vniversitie
               holds
               the
               contrary
               opinion
               for
               hereticall
               unto
               this
               very
               day
               ;
               and
               Theses
               are
               ordinarily
               proposed
               and
               disputed
               against
               it
               ;
               one
               whereof
               my selfe
               have
               seene
               ,
               and
               have
               it
               in
               my
               custody
               ,
               conceived
               in
               these
               termes
               ,
               
                 Concilium
                 supra
                 summum
                 Pontificem
                 eminet
                 maximè
                 .
                 A
                 Councell
                 is
                 eminently
                 farre
                 above
                 the
                 Pope
                 .
              
            
          
        
         
           
             CHAP.
             VIII
             .
             A
             refutation
             of
             those
             reasons
             which
             Pope
             Leo
             with
             his
             Councell
             of
             Lateran
             urgeth
             to
             prove
             his
             authority
             over
             Councels
             .
          
           
             1
             IT
             is
             not
             enough
             to
             have
             laid
             open
             the
             lightnesse
             of
             Belmines
             reasons
             ;
             
             wee
             must
             answer
             those
             of
             the
             Lateran
             Councell
             .
             Leo
             then
             and
             his
             Conventicle
             after
             they
             have
             set
             downe
             this
             rule
             ,
             That
             the
             Pope
             is
             above
             a
             Councell
             ,
             and
             that
             by
             virtue
             of
             this
             power
             hee
             may
             call
             ,
             change
             ,
             and
             dissolve
             it
             at
             his
             pleasure
             ,
             he
             underprops
             it
             with
             divers
             reasons
             :
             The
             first
             is
             this
             ;
             
             
               That
               the
               Councell
               of
               Alexandria
               where
               Athanasius
               was
               present
               ,
               writ
               to
               Felix
               Pope
               of
               Rome
               ,
               how
               the
               Synod
               of
               Nice
               had
               decreed
               that
               Councels
               ought
               not
               to
               bee
               kept
               without
               the
               authority
               of
               the
               Pope
               of
               Rome
               .
            
          
           
             2
             This
             authority
             is
             taken
             out
             of
             the
             Epistle
             of
             the
             Egyptian
             Bishops
             written
             to
             Pope
             Felix
             ,
             which
             is
             suspected
             for
             supposititious
             by
             all
             those
             that
             have
             any
             cleare
             insight
             ,
             and
             which
             know
             how
             they
             can
             tell
             to
             forge
             things
             at
             Rome
             ,
             where
             instead
             of
             al
             other
             miracles
             they
             have
             kept
             this
             of
             making
             dead
             mē
             speak
             .
             But
             granting
             it
             be
             genuine
             ,
             our
             answer
             is
             ,
             that
             there
             can
             nothing
             be
             concluded
             from
             thence
             ,
             but
             onely
             that
             Generall
             Councels
             cannot
             bee
             valid
             ,
             unlesse
             the
             Pope
             of
             Rome
             be
             summon'd
             thither
             ;
             seeing
             hee
             hath
             as
             much
             to
             doe
             in
             them
             as
             other
             Patriarchs
             :
             which
             is
             particularly
             mention'd
             of
             him
             rather
             than
             others
             ,
             because
             of
             his
             remotenesse
             ;
             by
             reason
             that
             generally
             Councels
             were
             most
             commonly
             holden
             in
             the
             East
             .
             For
             this
             very
             reason
             he
             had
             power
             to
             chuse
             for
             his
             ordinary
             Legats
             the
             Bishops
             of
             
               Athens
               ,
               Corinth
               ,
               Crete
            
             ,
             and
             others
             of
             those
             Countries
             ,
             notwithstanding
             that
             they
             were
             beyond
             his
             bounds
             ,
             and
             not
             subject
             unto
             him
             ,
             as
             a
             Patriarch
             of
             Antioch
             hath
             it
             .
             But
             we
             have
             spoke
             sufficiently
             of
             this
             in
             another
             place
             .
             
          
           
             3
             The
             next
             reason
             is
             ,
             because
             Pope
             Leo
             removed
             the
             second
             Synod
             of
             Ephesus
             to
             the
             City
             of
             Chalcedon
             .
             We
             reade
             indeed
             that
             Pope
             Leo
             complained
             
             of
             the
             second
             Synod
             of
             a
             Ephesus
             :
             
             that
             hee
             entreated
             the
             Emperour
             Theodosius
             to
             call
             another
             in
             Italy
             ,
             to
             have
             an
             account
             of
             the
             former
             :
             that
             hee
             imployed
             b
             Valentinian
             ,
             the
             Emperesses
             ,
             yea
             all
             the
             world
             to
             obtaine
             that
             request
             of
             Theodosius
             ,
             who
             plaid
             the
             deafe
             man
             ,
             and
             would
             not
             hearken
             to
             it
             ●
             c
             that
             after
             his
             death
             the
             Councell
             was
             called
             by
             Valentinian
             and
             Martian
             ,
             not
             in
             Italy
             ,
             as
             he
             desired
             ,
             but
             at
             Nice
             in
             Bithynia
             :
             that
             the
             same
             d
             Leo
             having
             intreated
             that
             it
             might
             be
             deferred
             ,
             could
             not
             obtaine
             so
             much
             at
             those
             Emperours
             hands
             :
             e
             that
             they
             afterwards
             translated
             that
             Councell
             from
             Nice
             to
             Chalcedon
             .
             But
             how
             should
             we
             beleeve
             another
             man
             that
             Leo
             translated
             it
             from
             Ephesus
             to
             Chalcedon
             ,
             when
             he
             himself
             saith
             the
             contrary
             ?
             Who
             could
             better
             know
             than
             himselfe
             ?
             What
             can
             be
             more
             authentique
             than
             the
             very
             letters
             of
             the
             Emperours
             that
             were
             the
             authors
             of
             the
             translation
             ,
             which
             are
             joyned
             with
             the
             Acts
             of
             the
             Councels
             ?
             But
             grant
             that
             hee
             transferr'd
             the
             Councell
             from
             one
             place
             to
             another
             :
             it
             is
             a
             very
             weake
             consequence
             to
             say
             ,
             therefore
             he
             is
             above
             it
             .
             The
             Emperours
             will
             have
             as
             much
             authority
             as
             he
             ,
             who
             transferr'd
             them
             from
             one
             place
             to
             another
             ;
             yea
             and
             made
             them
             come
             all
             in
             corps
             after
             them
             from
             one
             countrey
             to
             another
             ,
             to
             render
             a
             reason
             for
             what
             they
             had
             done
             ,
             as
             wee
             have
             proved
             elsewhere
             .
          
           
             4
             Let
             us
             come
             to
             the
             third
             reason
             .
             Pope
             Martin
             the
             fift
             gave
             his
             presidents
             at
             the
             Councell
             of
             Siena
             power
             to
             remove
             the
             Councell
             ,
             without
             any
             m●ntion
             made
             of
             the
             consent
             of
             that
             Councell
             .
             If
             Leo
             and
             his
             Councell
             will
             make
             us
             beleeve
             that
             ,
             they
             must
             abolish
             the
             memory
             of
             all
             those
             other
             precedent
             Councels
             .
             It
             was
             decreed
             in
             the
             thirty
             ninth
             Session
             of
             the
             Councell
             of
             
               Constance
               ,
               That
               Councels
               should
               bee
               kept
               from
               ten
               yeares
               to
               ten
               yeares
               ,
               in
               such
               places
               as
               should
               be
               nominated
               by
               the
               Pope
               within
               a
               moneth
               before
               the
               end
               of
               every
               Counc●l
               with
               the
               approbation
               and
               consent
               of
               the
               Councl
               ,
               or
               in
               case
               of
               his
               default
               by
               the
               Councel
               it self
               .
            
             It
             is
             further
             said
             ,
             that
             the
             place
             being
             once
             appointed
             ,
             it
             shal
             not
             be
             altered
             by
             the
             Pope
             without
             apparent
             necessity
             ;
             in
             which
             case
             he
             may
             do
             it
             with
             the
             consent
             of
             the
             Cardinals
             ,
             or
             two
             parts
             of
             them
             .
             According
             to
             this
             Decree
             ,
             this
             Pope
             Martin
             ,
             of
             whom
             wee
             speak
             before
             the
             breaking
             up
             of
             the
             Councell●
             did
             nominate
             the
             City
             of
             Padua
             for
             the
             holding
             of
             the
             next
             Councell
             that
             should
             be
             called
             .
             Which
             he
             did
             
               with
               the
               consent
               and
               approbation
               of
               the
               said
               Councell
               ,
            
             
             as
             it
             is
             affirmed
             in
             expresse
             termes
             .
             When
             the
             question
             was
             about
             going
             to
             keepe
             that
             Councel
             ,
             the
             same
             Martin
             sent
             forth
             a
             Bu●●
             conteining
             the
             creation
             of
             his
             Presidents
             to
             assist
             there
             ;
             declared
             the
             nomination
             which
             he
             had
             made
             
               with
               the
               consent
               and
               approbation
               of
               the
               Councell
            
             ;
             
             and
             gave
             them
             power
             upon
             lawfull
             cause
             ,
             to
             translate
             it
             from
             one
             city
             to
             another
             ,
             to
             prorogue
             it
             ,
             dissolve
             it
             ,
             preside
             at
             it
             ,
             make
             Decrees
             ,
             and
             other
             such
             like
             things
             .
             But
             with
             this
             clause
             ,
             which
             relates
             to
             all
             the
             things
             aforesaid
             ,
             
               Eodem
               approbante
               Concilio
               ,
               with
               the
               approbation
               of
               the
               same
               Councell
               .
            
          
           
             5
             But
             this
             is
             not
             all
             yet
             .
             When
             the
             Councell
             was
             assembled
             at
             Siena
             ,
             he
             was
             earnest
             with
             the
             Fathers
             thereof
             to
             change
             the
             place
             :
             they
             consulted
             upon
             it
             ,
             and
             resolved
             to
             goe
             to
             Basil
             :
             
             So
             say
             the
             Acts
             ,
             
               The
               Presidents
               convoked
               the
               Deputies
               for
               all
               the
               nations
               of
               the
               present
               Councell
               of
            
             Siena
             ,
             
               about
               chusing
               the
               place
               for
               the
               future
               Councell
               .
            
             And
             anon
             after
             :
             
               They
               did
               nominate
               and
               chuse
               the
               City
               of
            
             Basil
             
               unanimously
               and
               with
               one
               common
               consent
               .
            
             And
             yet
             after
             ,
             it
             is
             said
             ,
             
               That
               the
               Presidents
               assented
               to
               the
               nomination
               which
               was
               made
               by
               the
               Deputies
               .
            
             Now
             how
             shall
             we
             beleeve
             this
             alteration
             was
             made
             ,
             or
             that
             Martin
             did
             attempt
             to
             doe
             it
             without
             the
             consent
             of
             the
             Councell
             ?
             Hee
             ,
             I
             say
             ,
             who
             approved
             the
             Decrees
             of
             it
             ,
             which
             is
             more
             ,
             as
             it
             hath
             beene
             demonstrated
             in
             another
             place
             .
          
           
             6
             The
             fourth
             reason
             is
             ,
             That
             divers
             Synods
             have
             given
             a
             great
             deale
             of
             reverence
             to
             Popes
             ,
             and
             have
             obeyed
             their
             injunctions
             and
             commands
             with
             all
             humility
             .
             There
             was
             no
             necessity
             of
             saying
             so
             much
             for
             fear
             it
             should
             be
             denied
             .
             
             For
             reverence
             sake
             a
             great
             deal
             of
             honour
             was
             ever
             done
             to
             the
             See
             of
             Rome
             :
             
             it
             was
             acknowledged
             to
             bee
             the
             first
             in
             degree
             and
             dignity
             ,
             but
             not
             in
             power
             and
             authority
             .
             Besides
             ,
             the
             Pope
             was
             put
             to
             wrestle
             for
             honour
             with
             the
             Patriarch
             of
             Constantinople
             ,
             and
             the
             Archbishop
             of
             Ravenna
             ,
             by
             reason
             of
             the
             translation
             ,
             the
             one
             of
             the
             Imperiall
             seat
             ,
             the
             other
             of
             the
             exarchat
             into
             their
             Cities
             ,
             pretended
             that
             they
             had
             got
             the
             prerogative
             of
             honour
             .
             The
             other
             Patriarches
             had
             scarce
             any
             lesse
             than
             he
             ;
             sometimes
             more
             was
             done
             unto
             them
             ,
             and
             sometimes
             lesse
             .
             The
             Popes
             for
             their
             part
             ever
             made
             good
             use
             of
             it
             :
             they
             were
             never
             ashamed
             to
             proclaime
             their
             owne
             praises
             ,
             and
             they
             lost
             nothing
             for
             want
             of
             challenging
             .
             They
             have
             often
             turned
             the
             faire
             proffers
             which
             were
             made
             unto
             them
             into
             strict
             obligations
             ;
             and
             have
             monopoliz'd
             to
             themselves
             what
             was
             common
             to
             all
             .
             But
             to
             doe
             them
             a
             courtesie
             ,
             let
             us
             grant
             them
             some
             speciall
             favour
             and
             prerogative
             .
             From
             all
             these
             honours
             and
             respects
             there
             can
             bee
             nothing
             concluded
             :
             as
             for
             authority
             and
             power
             ,
             we
             have
             no
             more
             to
             doe
             ,
             but
             set
             up
             our
             staffe
             there
             .
          
           
             7
             The
             last
             is
             more
             pressing
             ,
             which
             speaks
             of
             the
             humble
             obedience
             which
             Generall
             Councels
             have
             done
             unto
             them
             .
             Let
             us
             therefore
             examine
             those
             examples
             which
             are
             urged
             upon
             us
             .
             The
             first
             Councel
             of
             Ephesus
             granted
             it
             to
             Pope
             Celestine
             in
             obeying
             his
             Decrees
             .
             What
             a
             ly
             is
             this
             !
             Pope
             Celestine
             in
             a
             Synod
             which
             he
             held
             at
             Rome
             of
             the
             Westerne
             Bishops
             ,
             condemned
             the
             opinion
             of
             Nestorius
             Bishop
             of
             Constantinople
             :
             gave
             notice
             of
             the
             determination
             of
             his
             Synod
             to
             Cyrill
             Patriarch
             of
             Alexandria
             :
             and
             before
             hee
             speake
             of
             the
             Generall
             Councell
             of
             Ephesus
             ,
             hee
             entreats
             the
             same
             Cyrill
             to
             cause
             that
             to
             bee
             put
             in
             execution
             which
             had
             beene
             defin'd
             at
             Rome
             :
             from
             whence
             an
             argument
             for
             his
             presidence
             is
             drawne
             ,
             as
             much
             to
             the
             purpose
             as
             the
             rest
             .
             Being
             advertised
             of
             the
             Councel
             of
             Ephesus
             ,
             hee
             sends
             his
             Legats
             thither
             ;
             of
             a
             truth
             they
             speake
             some
             magnificent
             things
             tending
             to
             the
             Popes
             advancement
             ,
             but
             of
             which
             they
             can
             make
             no
             great
             booty
             ;
             saving
             only
             that
             the
             Councel
             was
             glad
             that
             the
             definition
             of
             the
             Westerne
             Bishops
             was
             found
             conformable
             to
             that
             which
             had
             beene
             made
             by
             the
             Easterne
             .
             
             And
             to
             this
             intent
             
               The
               Synod
               decreed
               ,
               Considering
               the
               Legats
               of
               the
               See
               of
            
             Rome
             
               have
               spoken
               such
               things
               as
               are
               conformable
               to
               what
               had
               beene
               formerly
               determin'd
               ,
               they
               would
               subscribe
               to
               their
               Acts
               ,
               that
               they
               might
               continue
               constant
               to
               their
               promises
               .
            
             And
             presently
             they
             sent
             letters
             to
             the
             Emperours
             ,
             Theodosius
             and
             Valentinian
             ,
             wherein
             they
             say
             ,
             
               That
               God
               hath
               touched
               the
               hearts
               of
               the
               Western
               Bishops
               with
               a
               godly
               zeal●
               for
               although
               the
               length
               of
               the
               journey
               did
               not
               permit
               all
               that
               multitude
               of
               Bishops
               to
               come
               to
            
             Ephesus
             ,
             
               notwithstanding
               being
               all
               met
               together
               in
               one
               place
               .
               the
               most
               holy
               and
               most
               devout
            
             Celestine
             
               Bishop
               of
            
             Rome
             ,
             
               being
               present
               and
               presiding
               amongst
               them
               ,
               they
               have
               determined
               in
               point
               of
               faith
               conformably
               to
               what
               wee
               had
               defined
               ;
               and
               have
               declared
               those
               that
               are
               of
               a
               contrary
               opinion
               unworthy
               of
               Priesthood
               ,
               and
               of
               all
               Ecclesiasticall
               honours
               and
               degrees
               .
               And
            
             Celestine
             
               the
               most
               holy
               Bishop
               of
               great
            
             Rome
             
               had
               signified
               by
               his
               letters
               this
               opinion
               of
               his
               ,
               and
               of
               those
               that
               were
               with
               him
               ,
               before
               ever
               there
               was
               any
               mention
               of
               holding
               a
               Councel
               at
            
             Ephesus
             :
             
               and
               had
               sent
               to
            
             Cyrill
             
               the
               most
               holy
               Bishop
               of
            
             Alexandria
             ,
             
               and
               wel-beloved
               in
               the
               Lord
               ,
               to
               prosecute
               and
               performe
               what
               had
               been
               concluded
               upon
               at
               the
               Synod
               of
            
             Rome
             ,
             
               substituting
               him
               in
               his
               place
               .
               And
               not
               content
               with
               that
               ,
               he
               hath
               now
               repeated
               the
               same
               things
               againe
               by
               other
               letters
               directed
               to
               this
               Synod
               assembled
               here
               at
            
             Ephesus
             
               by
               your
               command
               ,
               which
               he
               hath
               sent
               by
               his
               Legats
               ,
               which
               doe
               represent
               at
               this
               present
               his
               person
               in
               the
               Councell
               .
            
             All
             this
             they
             informe
             the
             Emperours
             of
             ,
             to
             let
             them
             see
             that
             the
             condemnation
             of
             Nestorius
             was
             concluded
             by
             the
             common
             consent
             of
             the
             Church
             Vniversall
             .
          
           
             8
             Now
             if
             they
             call
             this
             obeying
             the
             Popes
             Decree
             ,
             
             we
             may
             say
             as
             well
             that
             the
             Pope
             obeyed
             the
             Decrees
             of
             the
             Councel
             of
             Alexandria
             holden
             by
             Cyril
             ,
             in
             as
             much
             as
             when
             he
             had
             notice
             of
             them
             from
             Cyril
             ,
             hee
             wholly
             conform'd
             
             himselfe
             unto
             them
             .
             
             The
             Councell
             of
             Chalcedon
             did
             strictly
             examine
             the
             confession
             of
             faith
             which
             was
             sent
             them
             by
             Celestine
             ;
             yea
             and
             mended
             something
             which
             did
             not
             run
             well
             ;
             gave
             leave
             to
             any
             that
             would
             to
             contradict
             it
             ;
             cast
             him
             in
             the
             case
             of
             honour●
             which
             he
             tooke
             in
             great
             disgust
             .
             In
             that
             answere
             which
             was
             made
             unto
             him
             this
             piece
             is
             indeed
             to
             his
             advantage
             ,
             
             
               That
               hee
               was
               to
               the
               Councel
               as
               the
               Head
               to
               the
               members
               in
               the
               person
               of
               his
               Legats
               .
            
             But
             this
             is
             in
             regard
             they
             were
             as
             a
             head
             to
             the
             rest
             of
             the
             Clergy
             ,
             as
             having
             the
             first
             degree
             of
             honour
             ,
             yet
             without
             presiding
             there
             ;
             as
             wee
             have
             exprest
             at
             large
             in
             another
             Chapter
             .
             As
             for
             the
             humble
             obedience
             in
             question
             ,
             they
             must
             seeke
             it
             elsewhere
             :
             for
             there
             is
             no
             more
             spoke
             of
             it
             here
             than
             is
             to
             Pope
             
               Agatho
               ,
               Hadrian
            
             and
             Nicholas
             in
             the
             sixt
             and
             eight
             Councels
             .
          
           
             9
             The
             Councel
             that
             yeelded
             the
             most
             to
             the
             Popes
             was
             the
             eight
             Generall
             ,
             holden
             at
             Constantinople
             ,
             which
             granted
             Hadrians
             Legats
             the
             Presidence
             ,
             (
             which
             the
             rest
             never
             did
             )
             and
             which
             decreed
             with
             a
             great
             deale
             of
             respect
             concerning
             the
             accusations
             of
             Popes
             .
             But
             it
             never
             came
             so
             farre
             as
             to
             doe
             him
             humble
             obeysance
             ,
             or
             to
             acknowledge
             him
             for
             its
             superiour
             ,
             as
             is
             pretended
             .
          
           
             10
             The
             fifth
             reason
             is
             the
             declaration
             which
             the
             Bishops
             of
             Italy
             made
             to
             the
             Bishops
             of
             Illyrium
             touching
             the
             Councell
             of
             Ariminum
             ,
             which
             they
             said
             was
             invalid
             because
             it
             wanted
             the
             Pope
             of
             Romes
             consent
             :
             and
             Pope
             Leo's
             declaration
             to
             the
             Bishops
             of
             Sicily
             ,
             wherein
             he
             pretends
             the
             very
             same
             reason
             .
             Wee
             have
             an
             epistle
             of
             those
             Bishops
             extant
             at
             this
             day
             ,
             by
             the
             meanes
             of
             that
             learned
             French
             man
             ,
             to
             whom
             all
             Christendome
             is
             so
             much
             beholding
             ,
             which
             discovers
             unto
             us
             the
             Popes
             cunning
             to
             manage
             their
             designes
             .
             They
             condemne
             indeed
             the
             Councel
             of
             Ariminum
             :
             But
             why
             ?
             that
             they
             tell
             us
             ,
             
               We
               do
               justly
               reject
               the
               Decrees
               and
               determinations
               of
               the
               Councell
               of
               Ariminum
               ,
               
               with
               the
               consent
               of
               all
               the
               Provinces
               ,
               as
               having
               beene
               corrupted
               by
               the
               prevarication
               of
               some
               body
               .
               Wee
               send
               you
               the
               copy
               hereof
               ,
               to
               the
               intent
               that
               there
               may
               bee
               no
               difference
               neither
               in
               retaining
               the
               same
               saith
               ,
               nor
               in
               rejecting
               the
               Councel
               of
               Ariminum
               .
            
             As
             for
             Pope
             Leo
             wee
             make
             no
             question
             but
             hee
             might
             have
             done
             that
             which
             is
             put
             upon
             him
             ,
             although
             the
             letter
             which
             hee
             writ
             to
             the
             Bishops
             of
             Sicily
             make
             no
             mention
             of
             it
             .
             For
             hee
             onely
             tels
             them
             that
             they
             must
             send
             every
             yeere
             three
             Bishops
             to
             Rome
             ,
             to
             assist
             at
             the
             Synod
             which
             shall
             bee
             holden
             there
             .
             Which
             cannot
             bee
             referred
             to
             a
             Generall
             Councell
             .
             And
             for
             the
             rest
             ,
             no
             body
             denyes
             but
             the
             Pope
             hath
             the
             same
             power
             in
             respect
             of
             the
             Churches
             which
             depend
             upon
             him
             ,
             which
             the
             other
             Patriarches
             and
             Metropolitans
             have
             ,
          
           
             11
             But
             let
             us
             grant
             what
             they
             say
             of
             him
             .
             There
             is
             nothing
             got
             by
             it
             ;
             it
             is
             a
             domestique
             testimony
             ,
             and
             of
             one
             that
             is
             himselfe
             a
             party
             .
             Hee
             that
             hath
             at
             other
             times
             disputed
             the
             presidence
             of
             Councels
             ,
             is
             now
             in
             question
             himselfe
             in
             his
             owne
             cause
             and
             his
             successours
             .
             Besides
             ,
             wee
             have
             spoken
             sufficiently
             elsewhere
             of
             the
             approbations
             and
             subscriptions
             of
             the
             Acts
             of
             Councels
             which
             were
             desired
             at
             the
             Popes
             hands
             ;
             that
             they
             desired
             as
             much
             of
             other
             Bishops
             to
             mantaine
             the
             union
             and
             intelligence
             of
             the
             Church
             ,
             from
             whence
             no
             advantage
             will
             accrue
             to
             the
             Pope
             :
             and
             yet●
             for
             all
             the
             Councel
             of
             Lateran
             makes
             this
             a
             strong
             ground
             :
             as
             neither
             from
             that
             which
             the
             Councell
             of
             Constance
             did
             ,
             which
             our
             Lateran
             Fathers
             have
             put
             in
             the
             list
             too
             ,
             thereby
             tacitly
             approving
             it
             .
             Of
             whom
             I
             demand
             lastly
             ,
             Why
             then
             do
             they
             not
             observe
             its
             decrees
             touching
             the
             power
             of
             a
             Councell
             ,
             seeing
             they
             can
             finde
             no
             flaw
             in
             them
             ?
             They
             take
             at
             nothing
             but
             the
             Councel
             of
             Basil
             ,
             and
             this
             poore
             Pragmatique
             ;
             and
             that
             by
             reason
             of
             the
             sawcinesse
             of
             them
             ,
             as
             they
             intimate
             unto
             us
             by
             those
             words
             ,
             
               Which
               was
               likewise
               observed
               by
               the
               Fathers
               of
               Constance
               :
               which
               laudable
               custome
               if
               those
               of
               Bourges
               and
               Basil
               had
               observed
               ,
               without
               doubt
               we
               should
               never
               have
               all
               this
               adoe
               .
            
             This
             for
             the
             point
             of
             approbation
             which
             
             Councels
             required
             at
             the
             hands
             of
             Popes
             .
             
             Let
             us
             then
             leave
             our
             Bourgeois
             and
             Basilians
             there
             ,
             and
             confesse
             they
             were
             to
             blame
             to
             exempt
             the
             Pope
             from
             trouble
             .
             But
             what
             had
             the
             Councel
             of
             Constance
             to
             doe
             with
             it
             ,
             that
             the
             Decrees
             thereof
             must
             be
             abrogated
             for
             this
             ?
             Besides
             ,
             is
             it
             not
             a
             fine
             argument
             ,
             to
             conclude
             that
             the
             Pope
             is
             above
             a
             Councel
             ,
             because
             that
             of
             Constance
             demanded
             the
             approbation
             of
             their
             Decrees
             at
             his
             hands
             ,
             whereas
             by
             the
             same
             Decrees
             they
             make
             the
             Pope
             inferiour
             ?
          
           
             12
             See
             here
             all
             their
             reasons
             ,
             
             saving
             that
             they
             urge
             the
             abrogation
             of
             our
             Pragmatique
             made
             by
             Lewes
             the
             eleventh
             ,
             and
             consequently
             of
             the
             Councell
             of
             Basil.
             To
             which
             wee
             cannot
             answer
             but
             to
             the
             shame
             of
             Pius
             the
             second
             ,
             who
             having
             wrought
             wonders
             against
             the
             Popes
             at
             the
             Councell
             of
             Basil
             ,
             having
             even
             writ
             the
             history
             of
             all
             that
             passed
             there
             with
             exceeding
             approbation
             thereof
             ,
             when
             hee
             came
             to
             be
             Pope
             urged
             King
             Lewes
             with
             the
             performance
             of
             a
             promise
             which
             he
             had
             extorted
             from
             him
             when
             hee
             was
             Dolphin
             ,
             of
             repealing
             that
             pragmatique
             as
             soone
             as
             he
             should
             come
             to
             the
             Crowne
             ;
             and
             he
             never
             gave
             over
             solliciting
             of
             him
             by
             letters
             and
             Legats
             till
             hee
             had
             his
             desire
             .
             So
             then
             the
             pragmatique
             was
             repeal'd
             by
             this
             Prince
             with
             the
             advice
             of
             a
             few
             :
             but
             was
             set
             up
             againe
             presently
             after
             with
             the
             consent
             of
             many
             ,
             having
             perceived
             the
             prejudice
             done
             to
             France
             by
             him
             .
             We
             must
             confirme
             all
             this
             by
             good
             witnesses
             .
          
           
             13
             
               M.
               Iohn
               le
               Maire
            
             relates
             many
             things
             about
             this
             particular
             ;
             
             it
             is
             fit
             we
             heare
             him
             .
             Forasmuch
             (
             saith
             he
             )
             
               as
               the
               Popes
               are
               not
               content
               that
               the
               pragmatique
               Sanction
               be
               in
               force
               ,
               although
               it
               bee
               founded
               upon
               the
               holy
               Canons
               ,
               and
               authorized
               by
               the
               Councell
               of
            
             Basil
             :
             
               But
               it
               derogates
               from
               the
               insatiable
               covetousnesse
               of
               the
               Court
               of
            
             Rome
             ,
             
               and
               therefore
               they
               say
               it
               is
               a
               pure
               heresie
               .
               Pope
            
             Pius
             
               the
               second
               imagined
               by
               all
               meanes
               to
               perswade
               and
               put
               it
               in
               King
            
             Lewes
             
               his
               head
               to
               abrogate
               and
               put
               all
               downe
               :
               under
               colour
               ,
               as
               the
               Pope
               pretended
               ,
               that
               the
               said
            
             Lewes
             
               when
               he
               was
               then
               but
               Dolphin
               had
               promised
               the
               Pope
               ,
               that
               when
               hee
               came
               to
               the
               crowne
               he
               would
               abolish
               the
               said
               Pragmatique
               .
               And
               to
               bring
               this
               about
               ,
            
             
             
               presently
               after
               the
               Kings
               coronation
               Pope
            
             Pius
             
               sent
               the
               Cardinall
               Monke
            
             D'Arras
             
               for
               his
               Legat
               into
            
             France
             .
             
               The
               Legat
               being
               arrived
               in
            
             France
             
               put
               the
               King
               in
               minde
               of
               fulfilling
               his
               promise
               :
               and
               the
               King
               being
               willing
               to
               condescend
               to
               the
               Popes
               desire
               ,
               at
               least
               making
               a
               show
               of
               so
               doing
               ,
               dispatched
               his
               letters
               patents
               in
               ample
               manner
               ,
               directing
               them
               to
               the
               Parliament
               of
            
             Paris
             ,
             
               and
               sent
               Cardinall
            
             Balue
             
               thither
               to
               have
               the
               Decree
               of
               the
               Lords
               of
               the
               Parliament
               thereupon
               .
               But
               when
               the
               ●ase
               was
               discussed
               ,
               the
               auditory
               of
               the
               Court
               being
               present
               ,
               the
               Kings
               Atturney
               ,
               called
            
             Iohn
             de
             Rome
             ,
             
               a
               sharpe
               man
               ,
               of
               great
               eloquence
               and
               courage
               ,
               straight
               opposed
               himselfe
               against
               it
               ;
               boldly
               affirming
               and
               maintaining
               that
               a
               law
               so
               holy
               ,
               so
               redoubtable
               ,
               and
               of
               so
               great
               benefit
               to
               the
               kingdome
               ,
               ought
               not
               to
               be
               repealed
               .
               In
               like
               manner
               the
               Vniversity
               of
            
             Paris
             
               joyned
               with
               the
               Kings
               Atturney
               ,
               and
               appealed
               from
               all
               the
               Popes
               attempts
               to
               a
               future
               Councell
               .
               At
               which
               things
               Cardinall
            
             Balue
             ,
             
               a
               wary
               ,
               malicious
               ,
               and
               stout
               man
               ,
               was
               much
               offended
               and
               used
               big
               words
               :
               but
               all
               this
               notwithstanding
               hee
               returned
               to
               the
               King
               againe
               without
               doing
               any
               thing
               .
            
             And
             so
             our
             Pragmatique
             continues
             still
             in
             force
             ,
             save
             that
             the
             King
             did
             afterwards
             bestirre
             himselfe
             to
             cause
             his
             letters
             patents
             to
             be
             verified
             .
          
           
             14
             Now
             that
             he
             made
             this
             repeale
             without
             counsell
             ,
             we
             prove
             from
             Pope
             Pius
             ,
             
             out
             of
             his
             letters
             gratulatory
             which
             he
             sent
             to
             him
             thereupon
             .
             
               Meane
               while
               we
               commend
               that
               (
               saith
               hee
               )
               that
               you
               have
               determined
               to
               disanull
               this
               Pragmatique
               without
               the
               assembly
               or
               advice
               of
               many
               ,
               as
               the
               same
               Bishop
               hath
               given
               us
               to
               understand
               .
               Certes
               you
               are
               wise
               ,
               and
               you
               bewray
               a
               great
               King
               ,
               to
               governe
               and
               not
               to
               be
               governed
               .
            
             See
             here
             the
             good
             counsell
             of
             the
             Pope●
             but
             which
             did
             not
             thrive
             very
             well
             with
             him
             :
             for
             this
             default
             made
             all
             be
             cancell'd
             .
             
               Malum
               consilium
               consultori
               p●ss●mum
            
             .
             Let
             〈◊〉
             heare
             yet
             his
             other
             
             elogyes
             concerning
             that
             repeale
             .
             
             
               You
               were
               reserved
               till
               these
               times
               to
               restore
               her
               liberty
               to
               the
               Church
               of
            
             Rome
             ,
             
               by
               abolishing
               errours
            
             ,
             that
             is
             ,
             the
             Pragmatique
             .
             And
             in
             another
             passage
             .
             
               You
               doe
               what
               is
               meet
               ,
               knowing
               that
               the
               Pragmatique
               is
               godlesse
               ,
               you
               have
               resolved
               to
               abolish
               it
               out
               of
               your
               Kingdome
               .
            
             The
             rest
             may
             be
             seene
             in
             the
             authour
             himselfe
             .
          
           
             15
             But
             let
             us
             here
             observe
             the
             inconstancy
             of
             this
             Pius
             ,
             who
             saith
             in
             his
             Commentaries
             of
             the
             Councell
             of
             Basil
             ,
             that
             every
             one
             held
             the
             conclusion
             of
             the
             Bishop
             of
             Arles
             (
             who
             presided
             there
             )
             in
             admiration
             ,
             
             concerning
             the
             authority
             upon
             a
             Councel
             against
             the
             Pope
             :
             
               as
               undertaken
               by
               the
               speciall
               favour
               of
               the
               Holy
               Ghost
               ,
            
             saith
             he
             .
             In
             another
             place
             hee
             extols
             the
             integrity
             and
             devotion
             of
             those
             Fathers
             with
             exclamation
             ,
             
             matter●
             Now
             our
             Pragmatique
             is
             nothing
             else
             but
             the
             marrow
             and
             substance
             of
             the
             Councell
             of
             Basil
             ,
             yea
             but
             the
             very
             Decrees
             of
             it
             .
             Now
             we
             demand
             of
             him
             ,
             
               Cur
               tam
               variè
            
             ?
             as
             our
             Practitioners
             speak
             .
             Hee
             will
             give
             us
             King
             Francis
             his
             answer
             ,
             
               It
               is
               not
               for
               a
               King
               of
            
             France
             
               to
               revenge
               an
               injury
               done
               to
               a
               Duke
               of
            
             Orleance
             :
             But
             rather
             it
             is
             for
             a
             Pope
             to
             defend
             the
             Popes
             cause
             .
             
             That
             when
             he
             writ
             that
             (
             as
             well
             as
             that
             which
             hee
             writ
             against
             the
             Donation
             of
             Constantine
             )
             he
             was
             but
             one
             of
             the
             Councel
             of
             Basils
             frogs
             :
             but
             this
             he
             pronounceth
             as
             Pope
             ,
             that
             is
             ,
             as
             one
             who
             is
             now
             better
             advised
             ;
             having
             all
             wisedome
             both
             divine
             and
             humane
             in
             his
             pantos●e
             ,
             and
             all
             law
             in
             his
             budget
             .
          
           
             16
             I
             will
             not
             now
             spend
             time
             upon
             answering
             the
             arguments
             which
             Bellarmine
             brings
             out
             of
             holy
             Scripture
             ,
             to
             make
             the
             Pope
             above
             a
             Councel
             .
             As
             
               Thou
               art
            
             Peter
             ;
             
               Feed
               my
               sheep
               .
               Ergo
            
             the
             Pope
             is
             above
             a
             Councel
             .
             Item
             ,
             The
             Pope
             is
             the
             Head
             ,
             the
             Steward
             ,
             the
             Shepheard
             ,
             the
             husband
             or
             spouse
             of
             the
             Church
             .
             Therefore
             he
             is
             above
             a
             Councell
             .
             Part
             of
             which
             have
             been
             confuted
             by
             the
             Councell
             of
             Basil
             ,
             in
             the
             Acts
             collected
             by
             
               AEnaeas
               Sylvius
            
             ;
             and
             part
             by
             many
             other
             Doctours
             which
             writ
             since
             .
             Besides
             the
             solution
             of
             them
             may
             bee
             gathered
             out
             of
             those
             places
             which
             wee
             have
             here
             above
             transcribed
             out
             of
             the
             opinions
             of
             the
             Vniversities
             of
             Germany
             and
             Poland
             .
          
           
             17
             We
             have
             also
             made
             answer
             alreadie
             to
             that
             which
             is
             urged
             of
             the
             Councels
             of
             Sinnesse
             and
             
               Rome
               :
               That
               the
               Primier
               See
               ,
               that
               is
               ,
               the
               Pope
               ,
               cannot
               bee
               judged
               by
               any
               man
               :
            
             and
             we
             have
             shewed
             that
             this
             is
             meant
             of
             particular
             persons
             ,
             or
             of
             Provinciall
             Councels
             at
             most
             .
             Besides
             that
             ,
             wee
             have
             divers
             examples
             of
             their
             judgements
             ,
             in
             which
             this
             maxime
             was
             never
             determined
             .
             Adde
             further
             ,
             that
             we
             have
             made
             it
             evident
             by
             an
             infinite
             number
             of
             examples
             ;
             that
             divers
             Popes
             have
             beene
             judged
             even
             for
             other
             crimes
             than
             heresie
             .
          
           
             18
             But
             the
             most
             pressing
             argument
             of
             all
             is
             that
             which
             hee
             collects
             out
             of
             the
             letters
             of
             certaine
             Easterne
             Bishops
             writ
             to
             Pope
             Leo
             the
             first
             ,
             and
             the
             Councel
             of
             Chalcedon
             joyntlie
             ,
             and
             that
             during
             the
             celebration
             of
             that
             Councell
             ;
             in
             the
             inscription
             whereof
             they
             put
             the
             Popes
             name
             before
             the
             Councels
             ;
             and
             yet
             the
             Fathers
             there
             assembled
             ,
             to
             whom
             these
             letters
             were
             presented
             ,
             never
             complained
             of
             it
             ,
             saith
             Bellarmine
             :
             Hee
             had
             great
             dearth
             of
             good
             arguments
             when
             he
             flies
             to
             such
             as
             these
             .
             By
             the
             very
             same
             reason
             the
             Archbishop
             of
             Constantinople
             must
             bee
             above
             the
             Councel
             ,
             whose
             name
             is
             put
             before
             the
             name
             of
             the
             Councel
             in
             the
             letters
             of
             Eusebius
             Bishop
             of
             
               Doryleum
               :
               To
               the
               most
               holy
               and
               most
               blessed
               Archbishop
            
             Flavian
             ,
             (
             saith
             hee
             )
             
               and
               to
               the
               holy
               Councel
            
             .
             See
             here
             the
             Patriarch
             of
             Constantinople
             as
             good
             as
             the
             Pope
             ;
             
             and
             by
             consequent
             Pope
             Leo
             ,
             who
             pleaded
             the
             contrary
             in
             that
             very
             Councel
             ,
             hath
             lost
             his
             right
             by
             Bellaermines
             judgement
             .
             If
             he
             should
             have
             said
             so
             much
             in
             his
             time
             it
             is
             a
             hazard
             hee
             had
             never
             beene
             Cardinal
             :
             so
             highly
             was
             the
             Pope
             displeased
             at
             
             the
             judgement
             of
             this
             Councell
             .
             
             Another
             Bishop
             puts
             the
             names
             of
             the
             Pope
             and
             of
             the
             Patriarches
             of
             Constantinople
             and
             Antioch
             all
             before
             the
             name
             of
             the
             Councell
             in
             a
             letter
             of
             ●is
             .
             The
             Councell
             of
             Chalcedon
             writing
             to
             Pope
             Leo
             ,
             puts
             it selfe
             before
             him
             ;
             
             and
             on
             the
             contrary
             writing
             to
             the
             Emperours
             Valentinian
             and
             Marcian
             puts
             it self
             after
             them
             :
             all
             in
             the
             same
             Session
             .
             Bellarmine
             knowes
             also
             very
             well
             that
             the
             Emperour
             Iustinian
             writing
             to
             Pope
             Iohn
             ,
             puts
             his
             name
             of
             Emperour
             before
             that
             of
             Pope
             :
             and
             that
             Iohn
             also
             puts
             it
             before
             his
             in
             his
             answer
             .
             It
             is
             true
             ,
             the
             glosse
             spoiles
             all
             ,
             which
             saith
             ,
             This
             would
             not
             be
             so
             now
             adayes
             .
             Wee
             know
             Pope
             Adrian
             the
             fourth
             had
             a
             great
             quarrell
             with
             the
             Emperour
             Frederic
             about
             it
             ,
             who
             had
             beene
             so
             bold
             as
             to
             put
             his
             owne
             name
             before
             the
             Popes
             ,
             in
             the
             letters
             which
             he
             writ
             ,
             whereof
             wee
             have
             spoken
             elsewhere
             .
             But
             our
             predecessours
             went
             not
             so
             precisely
             ,
             but
             in
             writing
             one
             to
             another
             they
             put
             their
             owne
             names
             sometimes
             before
             ,
             sometimes
             after
             ;
             as
             wee
             could
             make
             it
             appeare
             by
             many
             examples
             ,
             if
             it
             were
             worth
             the
             while
             .
          
           
             19
             Bellarmine
             addes
             ,
             that
             the
             Councell
             of
             Chalcedon
             it selfe
             hath
             acknowledged
             this
             for
             true
             ,
             when
             they
             call
             the
             Pope
             their
             head
             ,
             and
             themselves
             his
             members
             .
             Yea
             but
             they
             were
             to
             blame
             to
             put
             the
             head
             under
             the
             feet
             in
             that
             inscription
             which
             we
             urged
             .
             Wee
             have
             said
             before
             in
             another
             place
             that
             hee
             is
             called
             the
             head
             ,
             because
             hee
             was
             the
             first
             in
             degree
             of
             honour
             amongst
             the
             Clergy
             ,
             because
             he
             sate
             in
             the
             first
             place
             amongst
             the
             Bishops
             .
             Others
             say
             because
             hee
             is
             the
             head
             of
             particular
             Churches
             ,
             but
             not
             of
             the
             Vniversall
             ,
             represented
             by
             an
             Oecumenicall
             Councell
             .
             All
             the
             other
             arguments
             which
             hee
             brings
             are
             refuted
             by
             us
             in
             divers
             places
             ,
             saving
             only
             those
             which
             are
             drawne
             from
             the
             authority
             of
             Popes
             ;
             whom
             wee
             desire
             to
             forbear
             aswell
             from
             giving
             evidence
             as
             from
             passing
             sentence
             ,
             seeing
             their
             owne
             cause
             is
             in
             question
             .
          
        
      
       
         
         
         
           A
           REVIEW
           OF
           THE
           COVNCELL
           OF
           TRENT
           .
           BOOKE
           V.
           
        
         
           
             CHAP.
             I.
             Of
             Indulgences
             .
          
           
             THe
             Pope
             hath
             usurped
             such
             an
             excessive
             power
             in
             point
             of
             Indulgences
             ,
             that
             there
             is
             not
             a
             good
             Catholique
             but
             is
             sory
             for
             it
             .
             I
             will
             not
             here
             dispute
             whether
             these
             indulgences
             bee
             profitable
             or
             no
             ,
             and
             whether
             hee
             hath
             power
             to
             grant
             them
             or
             no
             ,
             I
             leave
             that
             question
             to
             Devines
             .
             My
             aime
             is
             to
             shew
             that
             this
             Councel
             did
             not
             satisfie
             the
             desire
             and
             hope
             of
             Catholiques
             .
             The
             abuse
             which
             the
             Popes
             have
             committed
             in
             matter
             of
             Indulgences
             ,
             and
             which
             they
             commit
             every
             day
             ,
             is
             notoriously
             known
             to
             every
             body
             ;
             as
             also
             the
             complaints
             that
             have
             beene
             made
             of
             it
             .
             The
             Popes
             have
             undertaken
             to
             pull
             soules
             out
             of
             Purgatory
             ,
             by
             commanding
             the
             Angels
             to
             take
             them
             forth
             ,
             and
             to
             carry
             them
             into
             Paradise
             .
             Wee
             have
             set
             downe
             the
             Bull
             of
             it
             in
             another
             place
             .
             As
             for
             the
             plenarie
             pardon
             of
             all
             sinnes
             ,
             with
             this
             expression
             ,
             
             
               be
               they
               never
               so
               hainous
            
             ,
             this
             is
             ordinary
             with
             them
             :
             not
             only
             at
             the
             great
             Iubily
             ,
             (
             which
             they
             reduced
             from
             an
             hundred
             yeares
             to
             fifty
             ,
             from
             fifty
             to
             thirty
             ,
             from
             thirty
             to
             twenty
             five
             ,
             and
             ere
             it
             be
             long
             they
             will
             abate
             yet
             a
             little
             more
             of
             the
             terme
             ,
             to
             the
             intent
             that
             they
             
             may
             augment
             their
             Court
             ,
             
             and
             oblige
             every
             body
             to
             come
             thither
             the
             oftener
             )
             but
             also
             in
             their
             particular
             Buls
             which
             they
             grant
             out
             .
             That
             of
             Sixtus
             the
             fifth
             of
             the
             year
             1588
             ,
             granted
             to
             the
             Catholiques
             of
             this
             Realme
             of
             France
             makes
             proose
             of
             it
             ;
             which
             gives
             the
             Curats
             and
             Confessours
             power
             ,
             
               To
               absolve
               from
               all
               crimes
               ,
               sinnes
               ,
               and
               excesses
               be
               they
               never
               so
               heinous
            
             :
             
             with
             many
             others
             which
             I
             could
             alledge
             ,
             containing
             bolder
             clauses
             than
             that
             :
             which
             not
             long
             since
             have
             with
             scandall
             beene
             presented
             to
             open
             view
             .
          
           
             2
             But
             that
             which
             is
             yet
             more
             to
             be
             condemned
             in
             them
             ,
             is
             ,
             that
             the
             Popes
             doe
             not
             only
             give
             remission
             of
             sinnes
             already
             committed
             ,
             but
             also
             of
             such
             as
             are
             to
             be
             committed
             .
             Which
             is
             a
             meanes
             to
             oblige
             all
             the
             base
             raskals
             in
             the
             world
             unto
             him
             ,
             and
             to
             give
             them
             occasion
             to
             redouble
             their
             crimes
             and
             misdemeanours
             ;
             to
             rob
             with
             foure
             hands
             ,
             to
             kill
             father
             and
             mother
             ,
             to
             set
             upon
             their
             Lords
             and
             Maisters
             ,
             to
             violate
             the
             authority
             of
             their
             Princes
             ,
             and
             usurpe
             their
             Dominions
             .
             For
             provided
             they
             can
             make
             their
             party
             stronger
             ,
             and
             that
             they
             be
             devout
             towards
             the
             Holy
             See
             ,
             there
             will
             be
             no
             want
             of
             an
             indulgence
             :
             yea
             even
             without
             that
             ,
             alwayes
             provided
             they
             pay
             their
             rent
             .
          
           
             
             3
             The
             Clergy
             of
             Leige
             in
             their
             epistle
             directed
             to
             Pope
             Paschal
             ,
             tell
             how
             they
             had
             read
             that
             Pope
             Gregory
             the
             seventh
             commanded
             
               the
               Marchionesse
            
             Maud
             ,
             
               that
               as
               shee
               would
               have
               her
               sinnes
               remitted
               ,
               she
               should
               make
               warre
               against
               and
               destroy
               the
               Emperour
            
             Henry
             
               the
               fourth
               .
               But
               wee
               doe
               not
               conceive
               by
               what
               authority
               either
               he
               or
               others
               could
               doe
               it
               justly
               .
            
             And
             afterwards
             ,
             addressing
             their
             speech
             to
             
               Paschal
               ,
               O
               holy
               mother
               Church
               of
            
             Rome
             ,
             
               hitherto
               thou
               observest
               the
               fashion
               and
               custome
               of
               binding
               and
               loosing
               discreetly
               ;
               and
               commandest
               us
               so
               to
               observe
               it
               .
               Whence
               is
               then
               this
               new
               authority
               ,
               whereby
               impunity
               of
               sinnes
               alreadie
               committed
               ,
               and
               liberty
               of
               committing
               for
               the
               time
               to
               come
               ,
               is
               offered
               to
               delinquents
               without
               confession
               and
               penance
               ?
               What
               a
               gappe
               hast
               thou
               hereby
               set
               open
               to
               the
               wickednesse
               of
               men
               ?
               O
               mother
               ,
               God
               deliver
               thee
               from
               all
               evill
               .
            
          
           
             
             4
             The
             story
             which
             is
             related
             by
             an
             English
             Monke
             is
             very
             remarkable
             .
             
               About
               the
               same
               time
            
             (
             saith
             he
             ;
             to
             wit
             ,
             the
             year
             1258
             )
             
               there
               came
               into
            
             England
             
               a
               certaine
               Fryar
               ,
               of
               the
               Order
               of
               the
               Minorites
               ,
               called
            
             Mansuetus
             ,
             
               sent
               by
               the
               Pope
               ,
               at
               the
               instance
               of
               the
               King
               ,
               who
               trode
               in
               the
               steps
               of
               Mr.
            
             Herlot
             ,
             
               being
               instructed
               with
               a
               great
               power
               ,
               insomuch
               ,
               that
               ,
               changing
               their
               vowes
               ,
               he
               absolved
               all
               the
               Royalists
               (
               as
               they
               called
               them
               )
               at
               his
               pleasure
               ,
               or
               justified
               excommunicate
               ,
               falsifiers
               ,
               and
               perjur'd
               persons
               .
               Whereupon
               divers
               delinquents
               tooke
               occasion
               to
               offend
               ;
               for
               the
               facility
               of
               pardon
               gives
               occasion
               to
               sinne
               :
               but
               wise
               men
               made
               a
               mocke
               of
               it
               .
            
             It
             is
             a
             meanes
             to
             induce
             any
             man
             to
             abandon
             himself
             to
             all
             kinde
             of
             vice
             and
             lewdnesse
             ,
             to
             bee
             assured
             that
             all
             the
             sinnes
             which
             hee
             can
             commit
             shall
             bee
             forgiven
             him
             .
          
           
             5
             Wee
             will
             here
             set
             downe
             some
             passages
             out
             of
             a
             Bull
             which
             came
             to
             our
             hands
             ,
             containing
             the
             summary
             of
             many
             others
             ,
             granted
             by
             Pope
             Paul
             the
             third
             ,
             (
             who
             called
             the
             Councell
             of
             Trent
             in
             the
             year
             1539
             )
             to
             the
             brethren
             of
             the
             Fraternity
             of
             the
             Sacrament
             of
             the
             altar
             ,
             printed
             at
             Chartres
             by
             
               Philip
               Hotot
            
             ,
             the
             year
             1550
             ,
             at
             the
             request
             of
             the
             Protectours
             ,
             Proctours
             ,
             and
             brethren
             of
             that
             Fraternity
             .
             Loe
             here
             the
             very
             words
             ;
             
               Giving
               and
               granting
               furthermore
               to
               the
               said
               faithfull
               Christians
               ,
               which
               shall
               enter
               into
               the
               said
               Fraternity
               of
               the
               blessed
               Sacrament
               of
               the
               body
               of
               IESVS
               CHRIST
               ,
               upon
               the
               day
               of
               their
               entrance
               ,
               full
               pardon
               of
               all
               their
               sinnes
               ,
               they
               being
               first
               confessed
               ,
               and
               the
               said
               sacrament
               of
               the
               altar
               devoutly
               received
               .
               Besides
               ,
               three
               times
               in
               their
               life
               a
               like
               plenary
               pardon
               in
               manner
               and
               forme
               of
               a
               Iubily
               .
               Furthermore
               ,
               unto
               the
               said
               brethren
               such
               as
               shall
               accompany
               the
               said
               blessed
               Sacrament
               when
               it
               is
               administred
               to
               sick
               folks
               ,
               or
               to
               such
               as
               by
               reason
               of
               their
               impediments
               cannot
               doe
               it
               ,
               and
               shall
               cause
               it
               to
               bee
               so
               accompanied
               as
               is
               above
               expressed
               ,
               and
               shall
               assist
               at
               Processions
               and
               divine
               service
               ,
               such
               as
               shall
               bee
               done
               and
               solemnized
               by
               the
               said
               brethren
               ,
               as
               above
               said
               ,
               an
               hundred
               years
               of
               true
               pardon
               for
               every
               time
               they
               shall
               so
               assist
               .
               And
               
               those
               that
               shall
               visite
               the
               said
               Church
               every
               Friday
               in
               the
               year
               ,
            
             
             
               ten
               years
               of
               true
               pardon
               ,
               and
               as
               many
               quarentains
               ,
               saying
               a
            
             Pater
             noster
             ,
             
               and
               an
            
             Ave
             ●ary
             ,
             
               every
               Friday
            
             .
             Behold
             yet
             another
             Article
             which
             goes
             further
             ,
             as
             wee
             shall
             understand
             by
             the
             commentary
             .
             
               As
               also
               power
               to
               use
               and
               enjoy
               all
               and
               every
               the
               priviledges
               ,
               indults
               ,
               exemptions
               ,
               liberties
               ,
               immunities
               ,
               plenary
               pardon
               of
               sinnes
               ,
               and
               other
               spirituall
               graces
               given
               and
               granted
               to
               the
               brother-hood
               of
               the
               image
               of
               St.
            
             Saviour
             ad
             Sancta
             Sanctorum
             ,
             
               of
               the
               charity
               and
               great
               hospitall
               of
               St.
            
             Iames
             in
             Augusta
             ,
             
               of
               St.
            
             Iohn
             Baptist
             ,
             St.
             Cosmus
             and
             Damianus
             .
             
               Of
               the
            
             Florentine
             
               nation
               ,
               of
               our
               hospitall
               of
               the
               Holy
               Ghost
               in
            
             Saxia
             ,
             
               Of
               the
               Order
               of
               St.
            
             Austin
             
               and
               St.
            
             Champ●
             
               Of
               the
               fraternities
               of
               the
               said
               citie
               ,
               Of
               the
               Churches
               of
               our
               Lady
            
             De
             Populo
             &
             de
             verbo●
             
               together
               with
               all
               the
               gifts
               ,
               graces
               ,
               pardons
               and
               indulgences
               granted
               by
               our
               predecessours
               to
               those
               which
               visit
               the
               said
               Churches
               ,
               or
               to
               be
               granted
               by
               our
               successours
               ,
               to
               have
               and
               enjoy
               for
               ever
               .
            
          
           
             6
             In
             the
             sequell
             of
             that
             Bull
             are
             set
             downe
             the
             indulgences
             granted
             to
             the
             Churches
             ,
             brother-hoods●
             and
             Hospitals
             mentioned
             in
             the
             former
             Article
             ,
             with
             the
             names
             of
             the
             Popes
             that
             granted
             them
             :
             amongst
             whom
             are
             named
             ,
             
               Sixtus
               ,
               Gregory
               ,
               Innocent
               ,
               Celestine
               ,
               Clement
            
             the
             fift
             ,
             Boniface
             the
             eighth
             ,
             Innocent
             and
             Sixtus
             the
             fourth
             .
             But
             wee
             may
             doe
             better
             to
             transcribe
             the
             whole
             ;
             for
             it
             may
             bee
             there
             is
             now
             a
             scarcity
             of
             copies
             .
             
               The
               Statutes
               and
               Ordinances
               of
               the
               worshipfull
               Fraternity
               of
               the
               most
               blessed
               body
               of
               our
            
             Lord
             Iesus
             Christ
             ,
             
               newly
               founded
               and
               erected
               in
               the
               Church
               of
            
             St.
             Hilary
             of
             Chartres
             ,
             
               together
               with
               a
               summary
               of
               the
               pardons
               and
               indulgences
               given
               and
               granted
               by
               our
               holy
               Fathers
               the
               Popes
               ,
               and
               by
               our
               holy
               Father
               Pope
            
             Paul
             
               the
               third
               of
               that
               name
               ,
               confirmed
               to
               the
               said
               Fraternity
               ,
               and
               all
               others
               of
               like
               denomination
               ,
               as
               well
               at
            
             Rome
             
               as
               out
               of
            
             Rome
             ,
             
               erected
               or
               to
               bee
               erected
               .
               Which
               Statutes
               and
               Ordinances
               ,
               by
               virtue
               of
               the
               taking
               out
               of
               those
               Buls
               made
               thereupon
               ,
               by
               authoritie
               of
               Pope
            
             Iulius
             
               the
               third
               of
               that
               name
               now
               reigning
               ,
               given
               at
            
             Rome
             
               the
               sixt
               day
               of
               May
               ,
               in
               the
               year
               one
               thousand
               five
               hundred
               and
               fiftie
               ,
               shall
               bee
               observed
               and
               kept
               in
               manner
               and
               forme
               f●llowing
               .
               The
               pardons
               ,
               Indulgences
               ,
               Iubily
               ,
               and
               plenary
               remissions
               granted
               to
               such
               as
               visit
               the
               altar
               ,
               where
               the
               blessed
               Sacrament
               and
               precious
               body
               of
            
             Iesus
             Christ
             
               is
               placed
               in
               the
               said
               Church
               of
               St.
            
             Hilary
             ,
             
               upon
               the
               daies
               ,
               in
               the
               yeare
               ,
               and
               according
               to
               the
               manner
               and
               forme
               hereafter
               declared
               and
               expressed
               ;
               to
               the
               end
               that
               every
               Christian
               desirous
               of
               his
               salvation
               ,
               may
               purchase
               and
               come
               by
               them
               .
            
          
           
             7
             
               And
               first
               the
               declaration
               of
               the
               Indulgences
               given
               and
               granted
               to
               the
               brethren
               of
               the
               said
               Fraternitie
               found
               in
               the
               Church
               of
               St.
            
             Hilary
             of
             Chartres
             ,
             
               verified
               ,
               approved
               ,
               and
               confirmed
               for
               ever
               ,
               but
               made
               valid
               by
               our
               holy
               father
               ,
               Pope
            
             Iulius
             
               the
               third
               of
               that
               name
               now
               reigning
               .
            
          
           
             8
             
               The
               Indulgences
               granted
               to
               the
               Hospitall
               of
               St.
            
             Iames
             in
             Augusta
             .
          
           
             9
             
               The
               Indulgences
               granted
               to
               the
               Church
               of
               St.
            
             Iohn
             of
             Florence
             ,
             
               and
               to
               the
               company
               and
               society
               of
               the
               said
               nation
               ,
               and
               of
               St.
            
             Cosinas
             and
             Damianus
             of
             Rome
             .
          
           
             10
             
               The
               Indulgences
               granted
               to
               the
               societie
               of
               the
               holy
               Camp
               of
            
             Rome
             .
          
           
             11
             
               The
               Indulgences
               granted
               to
               the
               brethren
               and
               sisters
               of
               St.
            
             Saviour
             ad
             Sancta
             Sanctorum
             .
          
           
             12
             
               The
               Indulgences
               granted
               to
               the
               companie
               of
               the
               Charitie
               of
            
             Rome
             .
          
           
             13
             
               The
               Indulgences
               of
               the
               great
               Hospitall
               of
               the
               Holy
               Ghost
               in
            
             Saxia
             ,
             
               of
               the
               Order
               of
               St.
            
             Austin
             of
             Rome
             .
          
           
             14
             
               The
               Indulgences
               of
               our
               Lady
            
             de
             Populo
             of
             Rome
             .
          
           
             
               The
               catalogue
               and
               declaration
               of
               the
               Indulgences
               aforesaid
               ,
               with
               the
               names
               of
               the
               Popes
               that
               granted
               them
               ,
               and
               the
               dayes
               upon
               which
               they
               may
               be
               had
               .
            
             
               15
               First
               ,
               our
               holy
               Father
               Pope
               Leo
               hath
               granted
               to
               all
               and
               every
               one
               of
               the
               
               said
               brethren
               which
               shall
               be
               present
               at
               Processions
               and
               other
               divine
               service
               ,
               
               celebrated
               upon
               
                 Corpus
                 Christi
              
               day
               ,
               remission
               of
               all
               their
               sinnes
               ,
               provided
               they
               bee
               confessed
               and
               penitent
               ,
               or
               have
               a
               full
               resolution
               to
               confesse
               themselves
               at
               the
               times
               appointed
               by
               our
               holy
               mother
               the
               Church
               .
            
          
           
             
               Plenary
               pardon
               to
               those
               of
               the
               brethren
               that
               shall
               name
               the
               name
               of
               Iesus
               at
               the
               point
               of
               death
               .
            
             
               16
               Item
               ,
               hee
               hath
               granted
               a
               plenary
               pardon
               to
               all
               such
               of
               the
               brethren
               of
               the
               said
               Fraternity
               ,
               as
               shall
               name
               the
               name
               of
               Iesus
               at
               the
               point
               of
               death
               ,
               and
               they
               shall
               bee
               partakers
               of
               all
               the
               good
               workes
               of
               the
               whole
               Church
               Catholique
               .
            
          
           
             
               Plenary
               pardon
               upon
               all
               the
               feast
               dayes
               of
               our
               Lady
               ,
               upon
               All
               Soules
               day
               ,
               and
               upon
               St.
               Philip
               and
               Iames
               day
               .
            
             
               17
               Item
               ,
               he
               hath
               granted
               to
               every
               one
               of
               the
               said
               brothers
               and
               sisters
               ,
               who
               upon
               any
               of
               the
               feasts
               of
               our
               Lady
               ,
               upon
               All
               Souls
               day
               ,
               and
               upon
               Philip
               and
               Iames
               day
               ,
               from
               the
               vespers
               of
               the
               eves
               untill
               the
               vespers
               of
               the
               said
               dayes●
               shall
               ,
               being
               confessed
               and
               penitent
               ,
               visite
               the
               great
               Altar
               of
               St.
               Hilary
               ,
               upon
               which
               the
               most
               precious
               blessed
               Sacrament
               is
               set
               ,
               plenary
               pardon
               of
               all
               their
               sinnes
               ,
               upon
               every
               one
               of
               the
               said
               dayes
               .
            
          
           
             
               Plenary
               pardon
               upon
               all
               the
               second
               Sundayes
               in
               Iune
               and
               upon
               the
               sixteenth
               of
               Iuly
               .
            
             
               18
               Item
               ,
               Pope
               Sixtus
               hath
               given
               and
               granted
               to
               every
               brother
               and
               sister
               that
               shall
               visite
               the
               said
               altar
               upon
               the
               second
               Sunday
               in
               Iune
               ,
               and
               the
               sixteenth
               day
               of
               Iuly
               every
               year
               ,
               for
               every
               of
               the
               said
               dayes
               a
               plenary
               remission
               of
               all
               their
               sinnes
               .
            
          
           
             
               Plenary
               pardon
               to
               the
               dead
               .
            
             
               19
               Item
               ,
               he
               hath
               granted
               to
               every
               brother
               that
               shall
               give
               any
               almes
               ,
               or
               offer
               any
               sacrifice
               ,
               according
               to
               his
               meanes
               and
               ability
               ,
               by
               way
               of
               suffrage
               for
               the
               soule
               of
               any
               one
               deceased
               ,
               that
               hee
               shall
               obtaine
               plenary
               pardon
               for
               the
               sinnes
               of
               him
               so
               deceased
               .
            
          
           
             
               Plenary
               pardon
               upon
               our
               Ladies
               day
               in
               mid-August
               ,
               which
               is
               the
               Assumption
               .
            
             
               20
               Item
               ,
               Pope
               Gregory
               hath
               given
               and
               granted
               to
               every
               brother
               that
               shall
               visit
               the
               altar
               of
               the
               blessed
               Sacrament
               in
               the
               said
               Church
               of
               the
               said
               St.
               Hilary
               upon
               our
               Ladies
               day
               in
               mid-August
               ,
               which
               is
               the
               Assumption
               day
               ,
               plenary
               remission
               of
               all
               his
               sinnes
               .
            
          
           
             
               Plenary
               pardon
               upon
               all
               the
               feasts
               of
               our
               Lady
               ,
               and
               the
               Octaves
               of
               them
               ,
               and
               upon
               all
               the
               feasts
               of
               the
               Apostles
               .
            
             
               21
               Item
               ,
               hee
               hath
               given
               to
               all
               the
               festivals
               of
               our
               Lady
               ,
               and
               the
               Octaves
               of
               them
               ,
               and
               to
               every
               feast
               of
               the
               Apostles
               ,
               plenary
               pardon
               of
               all
               sinnes
               .
            
          
           
             
               Easter
               day
               and
               eight
               dayes
               following
               .
            
             
               22
               Item
               ,
               Pope
               Innocent
               hath
               granted
               to
               the
               said
               brothers
               and
               sisters
               ,
               upon
               Easter
               day
               ,
               and
               eight
               dayes
               following
               ,
               foure
               thousand
               eight
               hundred
               years
               of
               
               Quarantains
               ,
               and
               remission
               of
               the
               third
               part
               of
               all
               their
               sinnes
               .
               
            
          
           
             
               Twelfth
               day
               ,
               and
               the
               octaves
               of
               that
               festivall
               ,
               and
               the
               nativity
               of
               our
               Lady
               .
            
             
               23
               Item
               ,
               hee
               hath
               granted
               to
               the
               twelfth
               day
               ,
               and
               the
               octaves
               thereof
               ,
               five
               thousand
               years
               ;
               to
               the
               day
               of
               the
               nativity
               of
               our
               Lady
               ,
               and
               the
               octaves
               of
               it
               thirty
               thousand
               years
               of
               true
               pardon
               .
            
          
           
             
               Ascencion
               day
               and
               the
               octaves
               thereof
               .
            
             
               24
               Item
               ,
               Pope
               Clement
               the
               fifth
               hath
               granted
               to
               the
               said
               brothers
               and
               sisters
               upon
               Ascension
               day
               ,
               and
               the
               octave
               thereof
               two
               thousand
               years
               of
               true
               pardon
               .
            
             
               25
               Pope
               Boniface
               the
               eighth
               hath
               granted
               to
               the
               said
               brothers
               and
               sisters
               upon
               the
               said
               Ascension
               day
               and
               the
               octaves
               thereof
               two
               thousand
               years
               of
               true
               pardon
               .
            
          
           
             
               The
               day
               of
               the
               Assumption
               of
               our
               Lady
               .
            
             
               26
               Item
               ,
               Pope
               Innocent
               hath
               granted
               to
               the
               said
               brothers
               and
               sisters
               upon
               the
               day
               of
               the
               Assumption
               of
               our
               Lady
               ,
               two
               thousand
               eight
               hundred
               years
               ,
               and
               as
               many
               quarantaines
               of
               true
               pardon
               .
            
          
           
             
               All-Saints
               day
               .
            
             
               27
               Item
               ,
               Pope
               Bennet
               the
               twelfth
               hath
               granted
               to
               the
               said
               brothers
               upon
               All
               Saints
               day
               three
               thousand
               eight
               hundred
               quarantains
               of
               true
               pardon
               .
            
          
           
             
               Plenary
               pardon
               upon
               all
               the
               festivals
               of
               our
               Lady
               ,
               to
               those
               that
               shall
               visit
               the
               altar
               upon
               which
               the
               blessed
               Sacrament
               standeth
               in
               the
               Church
               of
               St.
               Hilary
               .
            
             
               28
               Item
               ,
               Pope
               Sixtus
               the
               fourth
               hath
               given
               and
               granted
               to
               the
               said
               brothers
               and
               sisters
               that
               shall
               visit
               the
               said
               altar
               in
               the
               Church
               of
               St.
               Hilary
               ,
               upon
               which
               blessed
               Sacrament
               of
               the
               Altar
               standeth
               ,
               upon
               any
               of
               the
               festivals
               of
               our
               Lady
               ,
               from
               the
               first
               Vespers
               to
               the
               second
               ,
               plenary
               pardon
               of
               all
               their
               sinnes
               .
            
          
           
             
               All
               the
               Satterdayes
               in
               Lent.
               
            
             
               29
               Item
               ,
               he
               hath
               granted
               to
               the
               said
               brothers
               which
               shall
               visit
               the
               said
               Altar
               all
               the
               Satterdayes
               in
               Lent
               ,
               for
               every
               day
               a
               thousand
               eight
               hundred
               years
               of
               true
               pardon
               .
            
          
           
             
               All
               daies
               from
               Thursday
               in
               mid-Lent
               till
               Low
               Sunday
               .
            
             
               30
               Item
               ,
               hee
               hath
               granted
               to
               the
               said
               brothers
               and
               sisters
               visiting
               the
               said
               altar
               as
               before
               ,
               from
               Thursday
               in
               mid-Lent
               ,
               till
               Low
               Sunday
               ,
               for
               every
               day
               a
               thousand
               eight
               hundred
               years
               ,
               and
               two
               thousand
               quarantains
               of
               true
               pardon
               .
            
          
           
             
               The
               day
               of
               entrance
               into
               the
               said
               Fraternity
               of
               the
               venerable
               and
               most
               precious
               blessed
               Sacrament
               of
               the
               Altar
               .
            
             
               31
               Over
               and
               above
               the
               said
               pardons
               and
               Indulgences
               so
               granted
               as
               abov●said
               ,
               our
               holy
               Father
               Pope
               Paul
               the
               third
               of
               that
               name
               ,
               doth
               give
               and
               grant
               ,
               as
               appears
               
               by
               his
               Bull
               ,
               
               plenarie
               indulgence
               and
               remission
               of
               all
               their
               sinnes
               in
               manner
               of
               Iubilie
               to
               every
               one
               that
               shall
               enter
               into
               the
               said
               Fraternity
               ,
               and
               shall
               be
               confessed
               and
               penitent
               for
               his
               sinnes
               upon
               the
               day
               of
               his
               entrance
               ,
               and
               shall
               have
               received
               the
               most
               blessed
               body
               of
               our
               Lord
               
                 Iesus
                 Christ.
              
               
            
          
           
             
               Plenary
               pardon
               three
               times
               in
               their
               life
               .
            
             
               32
               Item
               ,
               hee
               gives
               and
               granteth
               moreover
               to
               every
               one
               of
               the
               said
               brothers
               and
               sisters
               ,
               plenarie
               pardon
               and
               indulgence
               of
               all
               their
               sinnes
               ,
               thrice
               in
               their
               life
               ,
               upon
               what
               day
               and
               houre
               they
               please
               .
            
          
           
             
               An
               hundred
               years
               to
               all
               those
               that
               accompany
               the
               body
               of
               our
               Lord
               
                 Iesus
                 Christ
              
               ,
               when
               it
               is
               carried
               to
               sick
               folks
               .
            
             
               33
               Item
               ,
               he
               gives
               and
               grants
               an
               hundred
               years
               of
               pardon
               to
               all
               those
               that
               shall
               accompany
               the
               blessed
               sacrament
               of
               the
               altar
               when
               it
               shall
               be
               carried
               to
               sicke
               folks
               ;
               and
               asmuch
               to
               those
               that
               cannot
               goe
               themselves
               ,
               but
               shall
               send
               one
               of
               their
               servants
               with
               a
               candle
               ,
               and
               to
               those
               that
               can
               neither
               goe
               nor
               send
               ,
               if
               they
               say
               one
               
                 Pater
                 noster
              
               ,
               and
               an
               
                 Ave
                 Mary
              
               ,
               to
               every
               one
               an
               hundred
               years
               of
               true
               pardon
               .
            
          
           
             
               To
               those
               that
               shall
               assist
               at
               Masses
               ,
               services
               ,
               and
               Processions
               .
            
             
               34
               Item
               he
               gives
               unto
               all
               the
               Brother
               and
               Sisters
               of
               the
               said
               Fraternity
               that
               shall
               assist
               at
               the
               Service
               and
               Processions
               made
               in
               the
               said
               Church
               of
               S.
               Hila●y
               in
               honour
               of
               the
               said
               blessed
               Sacrament
               ,
               to
               every
               one
               a
               hundred
               yeares
               of
               true
               pardon
               .
            
          
           
             
               To
               those
               that
               shall
               visit
               the
               Church
               of
               Saint
               Hilary
               every
               Friday
               .
            
             
               35
               Item
               ,
               he
               gives
               and
               grants
               to
               the
               said
               brothers
               and
               sisters
               which
               shall
               visit
               the
               said
               Church
               and
               the
               said
               Altar
               of
               Saint
               Hilary
               ,
               every
               Friday
               ,
               and
               shall
               say
               devoutly
               one
               
                 Pater
                 noster
              
               and
               an
               
                 Ave
                 Maria
              
               ,
               in
               honour
               of
               the
               most
               precious
               blessed
               Sacrament
               of
               the
               Altar
               ,
               ten
               yeares
               and
               ten
               quarantains
               of
               true
               pardon
               .
            
          
           
             
               Of
               chusing
               their
               Confessour
               .
            
             
               36
               Item
               hee
               hath
               given
               and
               doth
               give
               to
               every
               one
               of
               the
               said
               Brothers
               and
               Sisters
               licence
               and
               power
               to
               chuse
               three
               times
               in
               their
               life
               any
               Priest
               Secular
               or
               Regular
               for
               their
               Confessour
               ,
               who
               shall
               absolve
               them
               from
               all
               sinnes
               and
               offences
               ,
               how
               hainous
               and
               enormous
               soever
               ,
               yea
               though
               they
               bee
               such
               as
               are
               reserved
               to
               the
               holy
               See
               Apostolique
               ,
               alwayes
               excepted
               such
               as
               are
               contained
               in
               the
               Bull
               which
               is
               read
               at
               Rome
               upon
               Maundy
               Thursday
               .
            
          
           
             
               For
               visiting
               the
               Altar
               ,
               upon
               which
               the
               blessed
               Sacrament
               stands
               in
               the
               said
               Church
               of
               Saint
               Hilary
               of
               Chartres
               ,
               every
               day
               in
               Lent.
               
            
             
               37
               Item
               our
               said
               holy
               Father
               ,
               according
               to
               the
               priviledges
               given
               and
               granted
               in
               the
               Hospitall
               of
               the
               Holy
               Ghost
               ,
               and
               other
               places
               particularly
               mentioned
               ,
               at
               which
               the
               stations
               both
               within
               the
               City
               of
               Rome
               ,
               and
               without
               the
               walls
               of
               the
               said
               City
               are
               appointed
               to
               be
               ,
               doth
               give
               unto
               all
               the
               Brothers
               and
               Sisters
               which
               shall
               visit
               the
               said
               Altar
               upon
               which
               the
               blessed
               Sacrament
               of
               the
               Altar
               resteth
               in
               the
               Church
               of
               the
               said
               
                 St.
                 Hilary
              
               ,
               upon
               the
               dayes
               following
               :
               
                 
                   Inprimis
                   .
                   The
                   first
                   day
                   of
                   Lent
                   ,
                   three
                   thousand
                   yeares
                   of
                   true
                   pardon
                   ,
                   and
                   plenary
                   remission
                   of
                   all
                   his
                   sinnes
                   over
                   and
                   above
                   .
                   
                     
                       
                       Thursday
                       ,
                       ten
                       thousand
                       yeares
                       .
                       
                    
                     
                       Friday
                       ,
                       ten
                       thousand
                       yeares
                       .
                    
                     
                       Saturday
                       ,
                       ten
                       thousand
                       yeares
                       .
                    
                  
                
                 
                   The
                   first
                   Sunday
                   in
                   Lent
                   ,
                   eighteene
                   thousand
                   yeares
                   of
                   pardon
                   ,
                   and
                   remission
                   of
                   all
                   sinnes
                   to
                   boot
                   .
                   
                     
                       Munday
                       ,
                       ten
                       thousand
                       yeares
                       ,
                       and
                       a
                       plenary
                       indulgence
                       .
                    
                     
                       Tuesday
                       ,
                       twenty
                       eight
                       thousand
                       yeares
                       ,
                       and
                       as
                       many
                       quarantains
                       ,
                       and
                       remission
                       of
                       the
                       third
                       part
                       of
                       their
                       sinnes
                       ,
                       and
                       the
                       delivery
                       of
                       one
                       soule
                       out
                       of
                       Purgatory
                       .
                    
                     
                       Wednesday●
                       twenty
                       eight
                       thousand
                       yeares
                       ,
                       and
                       a●
                       many
                       Quarantaines
                       ,
                       and
                       remission
                       of
                       the
                       third
                       part
                       of
                       their
                       sinnes
                       .
                    
                     
                       Thursday
                       ,
                       ten
                       thousand
                       yeares
                       of
                       true
                       pardon
                       ,
                       and
                       remission
                       of
                       all
                       their
                       sins
                       .
                    
                     
                       Friday
                       ,
                       thirteene
                       thousand
                       yeares
                       of
                       true
                       pardon
                       ,
                       and
                       plenary
                       remission
                       of
                       all
                       their
                       sins
                       .
                    
                     
                       Saturday
                       ,
                       twenty
                       eight
                       thousand
                       yeares
                       ,
                       and
                       as
                       many
                       quarantaines
                       ;
                       and
                       besides
                       ,
                       remission
                       of
                       all
                       their
                       sinnes
                       .
                    
                  
                
                 
                   The
                   second
                   Sunday
                   in
                   Lent
                   ,
                   twenty
                   eight
                   thousand
                   yeares
                   ,
                   and
                   as
                   many
                   Quarantaines
                   .
                   
                     
                       Munday
                       ,
                       ten
                       thousand
                       yeares
                       of
                       pardon
                       ,
                       and
                       remission
                       of
                       the
                       third
                       part
                       of
                       their
                       sinnes
                       .
                    
                     
                       Tuesdaey
                       ,
                       ten
                       thousand
                       yeares
                       .
                    
                     
                       Wednesday
                       ,
                       ten
                       thousand
                       yeares
                       .
                    
                     
                       Thursday
                       ,
                       ten
                       thousand
                       yeares
                       .
                    
                     
                       Friday
                       ,
                       ten
                       thousand
                       yeares
                       .
                    
                     
                       Saturday
                       ,
                       ten
                       thousand
                       yeares
                       ;
                       and
                       besides
                       ,
                       remission
                       of
                       all
                       their
                       sinnes
                       ,
                       with
                       the
                       deliverance
                       of
                       one
                       soule
                       from
                       the
                       paines
                       of
                       Purgatory
                       .
                    
                  
                
                 
                   The
                   third
                   Sunday
                   in
                   Lent
                   ,
                   ten
                   thousand
                   yeares
                   ,
                   and
                   twenty
                   eight
                   quarantains
                   of
                   true
                   pardon
                   ,
                   and
                   deliverance
                   of
                   one
                   soule
                   out
                   of
                   Purgatory
                   .
                   
                     
                       Munday
                       ten
                       thousand
                       yeares
                       .
                    
                     
                       Tuesday
                       ,
                       ten
                       thousand
                       yeares
                       .
                    
                     
                       Wednesday
                       ,
                       ten
                       thousand
                       yeares
                       .
                    
                     
                       Thursday
                       ten
                       thousand
                       years
                       .
                    
                     
                       Friday
                       ,
                       ten
                       thousand
                       yeares
                       .
                    
                     
                       Saturday
                       ,
                       ten
                       thousand
                       yeares
                       ,
                       and
                       plenary
                       remission
                       of
                       all
                       their
                       sins
                       .
                    
                  
                
                 
                   The
                   fourth
                   Sunday
                   ,
                   remission
                   of
                   all
                   their
                   sinnes
                   ,
                   and
                   deliverance
                   of
                   one
                   soule
                   from
                   the
                   paines
                   of
                   Purgatory
                   .
                   
                     
                       Munday
                       ,
                       ten
                       thousand
                       yeares
                       .
                    
                     
                       Tuesday
                       ,
                       tenne
                       thousand
                       yeares
                       ,
                       and
                       remission
                       of
                       the
                       third
                       part
                       of
                       all
                       their
                       sinnes
                       .
                    
                     
                       Wednesday
                       ,
                       tenne
                       thousand
                       yeares
                       ,
                       and
                       remission
                       of
                       the
                       third
                       part
                       of
                       all
                       their
                       sinnes
                       .
                    
                     
                       Thursday
                       ,
                       ten
                       thousand
                       yeares
                       .
                    
                     
                       Friday
                       ,
                       ten
                       thousand
                       yeares
                       .
                    
                     
                       Saturday
                       ,
                       ten
                       thousand
                       yeares
                       .
                    
                  
                
                 
                   The
                   fift
                   Sunday
                   ,
                   which
                   is
                   the
                   passion
                   Sunday
                   of
                   our
                   Lord
                   Iesus
                   Christ
                   ,
                   twenty
                   seven
                   thousand
                   yeares
                   ,
                   and
                   as
                   many
                   Qu●rantains
                   ,
                   with
                   remission
                   of
                   the
                   third
                   part
                   of
                   all
                   their
                   sinnes
                   :
                   and
                   they
                   may
                   get
                   these
                   pardons
                   twice
                   a
                   day
                   ,
                   visiting
                   the
                   said
                   Altar
                   as
                   is
                   aforesaid
                   .
                   
                     
                       Munday
                       ,
                       ten
                       thousand
                       yeares
                       .
                    
                     
                       Tuesday
                       ,
                       ten
                       thousand
                       yeares
                       .
                    
                     
                       
                       
                       Wednesday
                       ,
                       ten
                       thousand
                       yeares
                       .
                    
                     
                       Thursday
                       ,
                       ten
                       thousand
                       yeares
                       .
                    
                     
                       Friday
                       ,
                       the
                       deliverance
                       of
                       one
                       soule
                       from
                       the
                       paines
                       of
                       Purgatory
                       .
                    
                     
                       Saturday
                       ,
                       twelve
                       thousand
                       yeares
                       of
                       pardon
                       ,
                       and
                       deliverance
                       of
                       one
                       soule
                       out
                       of
                       Purgatory
                       .
                    
                  
                
                 
                   
                     The
                     sixt
                     Sunday
                     ,
                     being
                     Palme
                     Sunday
                     ,
                     twenty
                     five
                     thousand
                     yeares
                     ,
                     and
                     forty
                     eight
                     quarantains
                     of
                     true
                     pardon
                     ;
                     and
                     besides
                     ,
                     remission
                     of
                     all
                     their
                     sins
                     .
                  
                   
                     Vpon
                     this
                     day
                     they
                     may
                     g●t
                     the
                     said
                     pardons
                     twice
                     ,
                     as
                     was
                     said
                     of
                     the
                     former
                     Sunday
                     .
                  
                   
                     
                       Munday
                       ,
                       twenty
                       five
                       thousand
                       yeares
                       ,
                       and
                       remission
                       of
                       the
                       fourth
                       part
                       of
                       all
                       their
                       sins
                       ;
                       and
                       besides
                       ,
                       plenary
                       remission
                       of
                       all
                       sins
                       .
                    
                     
                       Tuesday
                       ,
                       twenty
                       eight
                       thousand
                       yeares
                       ,
                       and
                       plenary
                       remission
                       of
                       all
                       their
                       sinnes
                       over
                       and
                       above
                       .
                    
                     
                       Wednesday
                       ,
                       eighteene
                       thousand
                       yeares
                       .
                    
                     
                       Thursday
                       ,
                       twelve
                       thousand
                       yeares
                       ,
                       and
                       as
                       many
                       quarantaines
                       ,
                       and
                       remission
                       of
                       all
                       their
                       sins
                       beside
                       .
                    
                     
                       Good
                       Friday
                       ,
                       a
                       great
                       number
                       of
                       pardons
                       and
                       indulgences
                       ,
                       and
                       plenary
                       remission
                       of
                       all
                       sins
                       .
                    
                     
                       Saturday
                       before
                       Easter
                       ,
                       two
                       and
                       twenty
                       thousand
                       yeares
                       ,
                       and
                       forty
                       eight
                       quarantains
                       of
                       pardon
                       ,
                       and
                       plenary
                       remission
                       of
                       all
                       sins
                       .
                    
                  
                
                 
                   Easter
                   day
                   ,
                   twenty
                   eight
                   thousand
                   yeares
                   ,
                   and
                   as
                   many
                   quarantains
                   of
                   pardon
                   ,
                   and
                   plenary
                   remission
                   of
                   all
                   sins
                   .
                
                 
                   Easter
                   Munday
                   ,
                   twenty
                   eight
                   thousand
                   yeares
                   ,
                   and
                   as
                   many
                   quarantaines
                   of
                   true
                   pardon
                   ,
                   and
                   plenary
                   remission
                   of
                   all
                   sins
                   .
                
                 
                   Easter
                   Tuesday
                   ,
                   ten
                   thousand
                   yeares
                   .
                
                 
                   Wednesday
                   ,
                   fifteene
                   thousand
                   yeares
                   ,
                   and
                   as
                   many
                   quarantaines
                   ,
                   and
                   the
                   deliverance
                   of
                   one
                   soule
                   out
                   of
                   Purgatory
                   .
                
                 
                   Thursday
                   ,
                   fifteene
                   thousand
                   yeares
                   ,
                   and
                   plenary
                   remission
                   of
                   all
                   sins
                   .
                
                 
                   Friday
                   ,
                   fifteene
                   thousand
                   yeares
                   .
                
                 
                   Saturday
                   ,
                   fifteene
                   thousand
                   yeares
                   ,
                   and
                   plenary
                   remission
                   of
                   the
                   third
                   part
                   of
                   all
                   their
                   sins
                   .
                   And
                   they
                   may
                   have
                   them
                   twice
                   a
                   day
                   ,
                   as
                   before
                   .
                
                 
                   Low-Sunday
                   ,
                   fifteene
                   thousand
                   yeares
                   ,
                   and
                   plenary
                   remission
                   .
                   And
                   they
                   may
                   g●t
                   them
                   twice
                   a
                   day
                   .
                
              
            
          
           
             
               The
               Stations
               after
               Easter
               in
               the
               said
               Church
               of
               S.
               Hilary
               ,
               doing
               as
               is
               set
               downe
               before
               ,
               and
               visiting
               the
               said
               altar
               of
               the
               blessed
               Sacrament
               .
            
             
               38
               
                 Imprimis
                 ,
                 St.
                 Marks
                 day
                 ,
                 eighteen
                 thousand
                 years
                 ,
                 and
                 as
                 many
                 quarantains
                 .
              
            
             
               
                 Ascension
                 day
                 ,
                 twenty
                 eight
                 thousand
                 years
                 ,
                 and
                 as
                 many
                 quarantains
                 .
              
            
             
               
                 Whitsun
                 eve
                 ,
                 fifteen
                 thousand
                 years
                 ,
                 and
                 remission
                 of
                 all
                 sinnes
                 .
              
            
             
               
                 Whitsun
                 Sunday
                 ,
                 twenty
                 eight
                 thousand
                 years
                 ,
                 and
                 plenary
                 remission
                 of
                 all
                 their
                 sinnes
                 .
              
            
             
               
                 Whitsun-munday
                 ,
                 remission
                 of
                 all
                 sinnes
                 .
              
            
             
               
                 Tuesday
                 ,
                 twenty
                 three
                 thousand
                 years
                 .
              
            
             
               
                 Wednesday
                 ,
                 twenty
                 eight
                 thousand
                 years
                 ,
                 and
                 as
                 many
                 quarantains
                 ,
                 and
                 remission
                 of
                 the
                 third
                 part
                 of
                 their
                 sinnes
                 ,
                 and
                 the
                 deliverance
                 of
                 one
                 soul
                 out
                 of
                 Purgatory
                 besides
                 .
              
            
          
           
             
               The
               Stations
               of
               Advent
               in
               the
               said
               Church
               of
               St.
               Hilary
               .
            
             
               39
               
                 The
                 first
                 Sunday
                 in
                 Advent
                 ,
                 twenty
                 eight
                 thousand
                 years
                 ,
                 and
                 as
                 many
                 
                 quarantains
                 ,
                 and
                 remi●sion
                 of
                 the
                 third
                 part
                 of
                 all
                 their
                 sins
                 .
                 
              
            
             
               
                 The
                 second
                 Sunday
                 ,
                 eleven
                 thousand
                 yeares
                 ,
                 and
                 plenarie
                 remission
                 of
                 all
                 sinnes
                 ,
                 granted
                 by
                 St.
                 Sylvester
                 .
              
            
             
               
                 The
                 third
                 Sunday
                 ,
                 twenty
                 eight
                 thousand
                 years
                 ,
                 and
                 as
                 many
                 quarantains
                 ,
                 and
                 remission
                 of
                 the
                 third
                 part
                 of
                 their
                 sins
                 .
              
            
             
               
                 The
                 Wednesday
                 in
                 Ember
                 week
                 ,
                 twenty
                 eight
                 thousand
                 years
                 ,
                 and
                 as
                 many
                 quarantains
                 ,
                 and
                 remission
                 of
                 the
                 third
                 part
                 of
                 their
                 sins
                 .
              
            
             
               
                 Friday
                 ,
                 eleven
                 thousand
                 years
                 ,
                 and
                 plenarie
                 remission
                 of
                 all
                 sins
                 .
              
            
             
               
                 Saturday
                 ,
                 twelve
                 thousand
                 years
                 ,
                 and
                 as
                 many
                 quarantains
                 ,
                 and
                 plenarie
                 remission
                 of
                 all
                 sins
                 .
              
            
             
               
                 The
                 fourth
                 Sunday
                 ,
                 eleven
                 thousand
                 yeares
                 ,
                 and
                 plenarie
                 remission
                 of
                 all
                 sinnes
                 .
              
            
             
               
                 At
                 the
                 second
                 masse
                 upon
                 Christmas
                 day
                 ,
                 which
                 is
                 called
                 the
                 day-breake
                 masse
                 ,
                 twentie
                 eight
                 thousand
                 years
                 ,
                 and
                 as
                 many
                 quarantains
                 ,
                 and
                 plenarie
                 remission
                 of
                 all
                 sinnes
                 .
              
            
             
               
                 St.
                 Stephens
                 day
                 ,
                 twentie
                 eight
                 thousand
                 years
                 ,
                 and
                 as
                 many
                 quarantains
                 ,
                 and
                 plenary
                 remission
                 of
                 all
                 sinnes
                 .
              
            
             
               
                 St.
                 Iohn
                 th'
                 Evangelists
                 day
                 ,
                 twentie
                 eight
                 thousand
                 yeares
                 ,
                 and
                 as
                 many
                 quarantains
                 ,
                 and
                 plenarie
                 remission
                 of
                 all
                 sinnes
                 .
              
            
             
               
                 Innocents
                 day
                 ,
                 fifteene
                 thousand
                 years
                 ,
                 and
                 as
                 manie
                 quarantains
                 ,
                 and
                 remission
                 of
                 all
                 sinnes
                 .
              
            
             
               
                 The
                 day
                 of
                 Circumcision
                 ,
                 which
                 is
                 new-years
                 day
                 ,
                 twentie
                 five
                 thousand
                 years
                 ,
                 and
                 plenarie
                 remission
                 of
                 all
                 sins
                 .
              
            
             
               
                 Twelfth
                 day
                 ,
                 twentie
                 eight
                 thousand
                 years
                 ,
                 as
                 manie
                 quarantains
                 ,
                 and
                 plenarie
                 remission
                 of
                 all
                 their
                 sinnes
                 .
              
            
             
               
                 Septuagesima
                 Sunday
                 ,
                 eleven
                 thousand
                 years
                 ,
                 and
                 fourtie
                 eight
                 quarantains
                 ,
                 and
                 the
                 remission
                 of
                 the
                 third
                 part
                 of
                 their
                 sinnes
                 ,
                 with
                 the
                 deliverance
                 of
                 one
                 soule
                 out
                 of
                 purgatorie
                 .
              
            
             
               
                 Sexagesima
                 Sunday
                 ,
                 thirteen
                 thousand
                 years
                 ,
                 and
                 fortie
                 seven
                 thousand
                 quarantains
                 ,
                 and
                 remission
                 of
                 the
                 third
                 part
                 of
                 their
                 sins
                 .
              
            
             
               
                 Quinquagesima
                 Sunday
                 ,
                 twentie
                 eight
                 thousand
                 yeares
                 ,
                 and
                 as
                 manie
                 quarantains
                 of
                 true
                 pardon
                 .
              
            
             
               40
               
                 And
                 the
                 said
                 pardons
                 and
                 indulgences
                 here
                 above
                 mentioned
                 ,
                 are
                 granted
                 onely
                 to
                 the
                 brothers
                 and
                 sisters
                 of
                 the
                 said
                 Fraternitie
                 ,
                 which
                 shall
                 upon
                 the
                 daies
                 aforesaid
                 everie
                 yeare
                 visit
                 the
                 said
                 altar
                 in
                 that
                 Church
                 of
                 St.
                 Hilary
                 of
                 Chartres
                 ,
                 upon
                 which
                 the
                 blessed
                 Sacrament
                 and
                 precious
                 bodie
                 of
                 
                   Iesus
                   Christ
                
                 is
                 placed
                 .
              
            
             
               41
               
                 
                   Medard
                   Thiersault
                
                 ,
                 Priest
                 ,
                 Licentiat
                 in
                 the
                 Lawes
                 ,
                 Canon
                 of
                 Chartres
                 ,
                 O●●iciall
                 and
                 Vicar
                 Generall
                 both
                 in
                 the
                 spiritualty
                 and
                 temporalty
                 of
                 the
                 reverend
                 Father
                 in
                 God
                 Monsieur
                 Lewes
                 ,
                 by
                 the
                 grace
                 of
                 God
                 and
                 the
                 holy
                 See
                 Apostolique
                 Bishop
                 of
                 Chartres
                 ,
                 to
                 all
                 and
                 singular
                 the
                 Parsons
                 and
                 Vicars
                 of
                 the
                 Churches
                 within
                 the
                 Citie
                 of
                 Chartres
                 ,
                 sendeth
                 greeting
                 ●n
                 our
                 Lord
                 God
                 everlasting
                 .
                 Pope
                 Paul
                 the
                 third
                 of
                 happy
                 memorie
                 ,
                 did
                 heretofore
                 ,
                 of
                 his
                 own
                 proper
                 motion
                 ,
                 for
                 the
                 honor
                 &
                 reverence
                 of
                 the
                 precious
                 blessed
                 Sacrament
                 ,
                 grant
                 unto
                 the
                 brothers
                 of
                 the
                 fraternity
                 of
                 the
                 blessed
                 body
                 of
                 Iesus
                 Christ
                 ,
                 in
                 the
                 Minerva
                 of
                 Rome
                 ,
                 certaine
                 indulgences
                 ,
                 plenary
                 remission
                 of
                 sinnes
                 ,
                 immunities
                 ,
                 and
                 other
                 graces
                 ,
                 the
                 good
                 devotion
                 and
                 upon
                 petition
                 of
                 the
                 faithfull
                 Christian
                 Brothers
                 .
                 Which
                 indulgences
                 and
                 plenary
                 remission
                 of
                 sins
                 ,
                 our
                 holy
                 Father
                 Iulius
                 the
                 third
                 by
                 the
                 divine
                 providence
                 Pope
                 ,
                 to
                 the
                 end
                 that
                 all
                 Christians
                 should
                 presse
                 more
                 earnestly
                 and
                 devoutly
                 to
                 come
                 and
                 honour
                 the
                 so
                 admirable
                 blessed
                 Sacrament
                 ,
                 of
                 his
                 owne
                 authoritie
                 and
                 dignitie
                 hath
                 willed
                 and
                 decreed
                 that
                 they
                 bee
                 of
                 perpetuall
                 force
                 and
                 efficacie
                 .
                 And
                 these
                 indulgences
                 and
                 other
                 graces
                 aforesaid
                 ,
                 at
                 the
                 instance
                 and
                 request
                 of
                 the
                 most
                 noble
                 personage
                 Mr.
                 
                   Christopher
                   de
                   Herovard
                
                 the
                 
                 Lieutenant
                 Generall
                 of
                 the
                 most
                 Christian
                 King
                 within
                 the
                 Bailiwicke
                 of
                 Chartres
                 ,
                 
                 hath
                 communicated
                 and
                 granted
                 them
                 to
                 the
                 Brothers
                 and
                 Sisters
                 of
                 the
                 Fraternitie
                 of
                 the
                 most
                 blessed
                 body
                 of
                 Iesus
                 Christ
                 ,
                 heretofore
                 instituted
                 and
                 erected
                 in
                 the
                 Church
                 of
                 Saint
                 Hilary
                 of
                 Chartres
                 ,
                 alwayes
                 provided
                 that
                 like
                 grace
                 and
                 gift
                 was
                 not
                 formerly
                 granted
                 to
                 any
                 other
                 Church
                 of
                 the
                 said
                 Citie
                 of
                 Chartres
                 .
                 And
                 forasmuch
                 as
                 we
                 have
                 viewed
                 the
                 contents
                 of
                 the
                 said
                 indulgences
                 ,
                 in
                 the
                 publique
                 instrument
                 out
                 of
                 the
                 copie
                 of
                 Domenic
                 Bishop
                 of
                 Hostia
                 ,
                 Cardinall
                 of
                 the
                 holy
                 Church
                 of
                 Rome
                 ,
                 by
                 title
                 Traven
                 ,
                 Deane
                 of
                 the
                 sacred
                 Apostolicall
                 Colledge
                 ,
                 Protector
                 and
                 Patron
                 of
                 the
                 devout
                 and
                 Catholique
                 Fraternitie
                 of
                 the
                 blessed
                 body
                 of
                 our
                 Lord
                 Iesus
                 Christ
                 ,
                 founded
                 in
                 the
                 Church
                 of
                 our
                 Lady
                 of
                 Minerva
                 ,
                 of
                 the
                 Order
                 of
                 Friars
                 predicants
                 in
                 the
                 Citie
                 of
                 Rome
                 ,
                 in
                 manner
                 of
                 an
                 exemplification
                 ,
                 published
                 ,
                 drawne
                 ,
                 signed
                 and
                 sealed
                 by
                 
                   Genese
                   Bulter
                
                 ,
                 Secretary
                 to
                 the
                 said
                 Fraternitie
                 ,
                 given
                 at
                 Rome
                 the
                 sixt
                 of
                 May
                 ,
                 one
                 thousand
                 five
                 hundred
                 and
                 fiftie
                 .
                 And
                 furthermore
                 ,
                 whereas
                 by
                 a
                 certaine
                 declaration
                 made
                 unto
                 the
                 Court
                 of
                 Rome
                 ,
                 by
                 the
                 command
                 and
                 with
                 the
                 leave
                 of
                 the
                 Reverend
                 Father
                 in
                 God
                 the
                 Lord
                 Bishop
                 of
                 Chartres
                 ,
                 and
                 as
                 it
                 seemes
                 to
                 us
                 truly
                 and
                 lawfully
                 made
                 ,
                 that
                 't
                 is
                 certaine
                 the
                 like
                 grace
                 was
                 never
                 granted
                 to
                 any
                 other
                 Church
                 in
                 the
                 Citie
                 of
                 Chartres
                 :
                 Wherefore
                 we
                 command
                 you
                 to
                 publish
                 and
                 cause
                 to
                 bee
                 published
                 in
                 your
                 Churches
                 ,
                 the
                 said
                 indulgences
                 and
                 the
                 exemplifications
                 of
                 the
                 letters
                 aforesaid
                 ,
                 according
                 to
                 their
                 forme
                 and
                 tenure
                 .
                 Giving
                 leave
                 to
                 the
                 said
                 Mr.
                 
                   Christopher
                   de
                   Herovard
                
                 ,
                 to
                 cause
                 the
                 said
                 Graces
                 and
                 Indulgences
                 to
                 be
                 published
                 within
                 the
                 Citie
                 and
                 Suburbs
                 of
                 Chartres
                 ,
                 whether
                 by
                 Siquis's
                 or
                 otherwise
                 ,
                 as
                 the
                 same
                 Herovard
                 shall
                 thinke
                 good
                 .
                 Given
                 at
                 Chartres
                 under
                 the
                 seale
                 of
                 the
                 Chamber
                 of
                 the
                 said
                 Reverend
                 Father
                 in
                 God
                 the
                 Bishop
                 of
                 Chartres
                 ,
                 in
                 the
                 yeare
                 one
                 thousand
                 five
                 hundred
                 and
                 fiftie
                 ,
                 upon
                 Thursday
                 being
                 the
                 last
                 of
                 Iuly
                 .
                 Subscribed
                 ,
                 
                   P.
                   le
                   Seneux
                
                 .
              
            
             
               42
               See
               here
               how
               the
               Popes
               play
               with
               their
               indulgences
               ,
               and
               amongst
               the
               rest
               two
               of
               them
               which
               presided
               by
               their
               Legats
               at
               the
               Councell
               of
               Trent
               ,
               to
               wit
               ,
               Paul
               the
               third
               ,
               and
               Iulius
               the
               third
               .
               The
               reformation
               of
               such
               abuses
               was
               required
               heretofore
               in
               such
               Generall
               Councels
               as
               were
               then
               holden
               ;
               as
               by
               the
               Bishop
               of
               Menda
               in
               that
               of
               Vienna
               in
               Dauphiny
               ;
               
               
                 who
                 amongst
                 other
                 points
                 by
                 him
                 proposed
              
               unto
               the
               said
               Councell
               ,
               puts
               this
               for
               one
               ;
               
                 It
                 were
                 fit
                 to
                 provide
                 a
                 competent
                 remedy
                 for
                 this
                 ,
                 and
                 besides
                 to
                 cause
                 the
                 fees
                 of
                 the
                 curriers
                 and
                 Nuncio's
                 of
                 the
                 Court
                 of
              
               Rome
               
                 to
                 cease
              
               .
               We
               have
               told
               you
               elsewhere
               upon
               the
               testimonie
               of
               the
               Bishop
               of
               Panormo
               ,
               
               that
               by
               reason
               of
               the
               too
               hastie
               breaking
               up
               of
               that
               Councell
               by
               Clement
               the
               fift
               ,
               that
               reformation
               was
               never
               medled
               with
               .
            
             
               
               43
               Amongst
               other
               articles
               proposed
               by
               divers
               nations
               at
               the
               Councell
               of
               Constance
               touching
               the
               point
               of
               reformation
               ,
               this
               about
               Indulgences
               was
               one
               ,
               upon
               which
               they
               were
               to
               deliberate
               after
               the
               creation
               of
               the
               Pope
               .
               
               But
               Martin
               the
               fift
               being
               elected
               ,
               he
               referr'd
               the
               case
               to
               another
               time
               .
               And
               forasmuch
               as
               Mr.
               
                 Iohn
                 Gerson
              
               Chancelor
               of
               the
               Vniversitie
               of
               Paris
               was
               present
               at
               the
               same
               Councell
               ,
               
               and
               in
               very
               much
               repute
               and
               authoritie
               ,
               both
               in
               behalfe
               of
               the
               Vniversitie
               ,
               and
               as
               deputy
               for
               Charles
               the
               sixt
               ,
               King
               of
               France
               ,
               we
               will
               here
               make
               him
               declare
               his
               beleefe
               in
               matter
               of
               Indulgences
               .
               Behold
               here
               his
               articles
               .
            
             
               
               44
               
                 The
                 onely
                 supreme
                 Pope
                 ,
                 Christ
                 ,
                 together
                 with
                 the
                 Father
                 and
                 the
                 Holy
                 Ghost
                 ,
                 can
                 by
                 a
                 plenary
                 authoritie
                 grant
                 a
                 totall
                 indulgence
                 ,
                 as
                 well
                 from
                 punishment
                 as
                 fault
                 .
              
            
             
               
               45
               
                 The
                 onely
                 Pope
                 Christ
                 can
                 commute
                 eternall
                 punishment
                 into
                 temporall
                 ,
                 or
                 absolve
                 from
                 punishment
                 ,
                 freely
                 ,
                 and
                 without
                 any
                 merit
                 besides
                 his
                 owne
                 .
              
            
             
             
               46
               
                 The
                 onely
                 Pope
                 Christ
                 can
                 give
                 indulgence
                 for
                 so
                 many
                 thousand
                 millions
                 of
                 dayes
                 and
                 yeares
                 as
                 we
                 finde
                 in
                 divers
                 grants
                 of
                 Popes
                 and
                 others
                 ,
                 
                 in
                 divers
                 times
                 and
                 places
                 ,
                 and
                 upon
                 divers
                 occasions
                 .
              
            
             
               47
               
                 The
                 granting
                 of
                 Indulgences
                 for
                 so
                 many
                 millions
                 ,
                 
                 not
                 onely
                 of
                 daies
                 but
                 yeares
                 ,
                 seemes
                 impossible
                 to
                 be
                 maintained
                 without
                 great
                 difficultie
                 ,
                 after
                 remission
                 of
                 eternall
                 punishment
                 ,
                 and
                 commutation
                 into
                 temporall
                 .
                 For
                 it
                 is
                 certaine
                 that
                 no
                 particular
                 man
                 can
                 or
                 ought
                 to
                 bee
                 bound
                 to
                 doe
                 penance
                 so
                 many
                 yeares
                 ,
                 forasmuch
                 as
                 he
                 cannot
                 live
                 the
                 thousand
                 part
                 of
                 those
                 yeares
                 ,
                 and
                 no
                 man
                 is
                 bound
                 to
                 impossibilities
                 .
                 It
                 is
                 also
                 certaine
                 that
                 Purgatory
                 shall
                 cease
                 at
                 the
                 worlds
                 end
                 ,
                 and
                 consequently
                 the
                 dayes
                 of
                 his
                 penance
                 too
                 .
              
            
             
               48
               
                 From
                 hell
                 there
                 is
                 no
                 redemption
                 .
                 
              
               At
               the
               end
               of
               that
               Tract
               hee
               hath
               these
               verses
               .
            
             
               
                 Arbitrio
                 Papa
                 proprio
                 si
                 clavibus
                 uti
                 
              
               
                 Possit
                 ,
                 cur
                 sinit
                 ut
                 poena
                 pios
                 cruciet
                 ?
              
               
                 Cur
                 non
                 evacuat
                 loca
                 purgandis
                 animabus
              
               
                 Tradita
                 ?
              
            
             
               
                 If
                 so
                 the
                 Pope
                 may
                 use
                 the
                 keyes
                 a●'s
                 pleasure
                 ,
              
               
                 Why
                 does
                 he
                 let
                 good
                 men
                 such
                 paines
                 endure
                 ?
              
               
                 Why
                 does
                 he
                 not
                 (
                 too
                 cruell
                 and
                 unkinde
                 !
                 )
              
               
                 Emptie
                 the
                 place
                 for
                 purging
                 soules
                 design'd
                 ?
              
            
             
               49
               Now
               whereas
               he
               beleeves
               that
               the
               Popes
               indulgences
               doe
               not
               reach
               so
               farre
               as
               hell
               ,
               that
               is
               hereticall
               as
               well
               as
               the
               other
               articles
               by
               him
               set
               downe
               .
               
               For
               other
               Doctors
               hold
               that
               
                 the
                 Pope
                 is
                 Lord
                 of
                 the
                 world
                 ,
                 that
                 he
                 officiats
                 in
                 the
                 nature
                 of
                 Christs
                 Vicar
                 ,
                 both
                 in
                 things
                 celestiall
                 ,
                 terrestriall
                 ,
                 and
                 infernall
                 .
                 Angustin
                 de
                 Ancona
                 ,
              
               approved
               by
               the
               Popes
               as
               well
               as
               the
               former
               author
               ,
               argues
               thus
               in
               the
               matter
               of
               Indulgences
               .
               
                 Pope
                 St.
              
               Gregory
               delivered
               Trajan
               
                 from
                 the
                 paines
                 of
                 hell
                 ,
                 which
                 are
                 infinite
                 ,
                 by
                 his
                 prayers●
                 therefore
                 much
                 more
                 may
                 hee
                 deliver
                 all
                 those
                 that
                 are
                 in
                 Purgatory
                 from
                 their
                 paines
                 ,
                 which
                 are
                 but
                 finite
                 ,
                 by
                 meanes
                 of
                 Indulgences
                 .
                 Alexander
              
               of
               Hales
               ,
               one
               of
               the
               prime
               Divines
               ,
               puts
               a
               little
               mysterie
               in
               it
               ,
               for
               he
               saith
               that
               
                 Trajan
                 being
                 raised
                 up
                 againe
                 by
                 St.
              
               Gregorie's
               
                 prayers
                 ,
                 did
                 penance
                 and
                 was
                 baptized
                 .
              
               And
               indeed
               there
               was
               good
               reason
               he
               should
               passe
               through
               this
               formalitie
               .
               But
               let
               us
               returne
               to
               our
               plaintives
               .
            
             
               50
               The
               Councell
               of
               Trent
               was
               likewise
               pressed
               about
               this
               reformation
               ,
               by
               King
               Charles
               the
               ninth
               ,
               and
               by
               the
               German
               nation
               ,
               as
               appeares
               by
               their
               demands
               ,
               which
               wee
               have
               set
               downe
               elsewhere
               ,
               to
               which
               it
               was
               reason
               that
               some
               regard
               should
               have
               beene
               had
               .
               Some
               will
               tell
               me
               that
               so
               there
               was
               .
               If
               that
               be
               so
               I
               am
               farre
               deceiv'd
               .
               Let
               us
               see
               how
               then
               .
               
               
                 Desiring
                 that
                 the
                 abuses
                 which
                 are
                 crept
                 into
                 them
                 by
                 little
                 and
                 little
                 ,
                 and
                 by
                 occasion
                 whereof
                 the
                 worthie
                 name
                 of
                 Indulgences
                 is
                 abused
                 by
                 heretiques
                 ,
                 may
                 be
                 corrected
                 and
                 amended
                 ,
                 the
                 Councell
                 doth
                 by
                 this
                 present
                 Decree
                 ordaine
                 in
                 generall
                 ,
                 that
                 all
                 wicked
                 gaines
                 for
                 the
                 purchasing
                 of
                 them
                 ,
                 whence
                 the
                 main
                 cause
                 of
                 these
                 abuses
                 amongst
                 Christian
                 people
                 first
                 sprang
                 ,
                 be
                 utterly
                 abolished
                 .
                 But
                 for
                 the
                 rest
                 which
                 proceeded
                 from
                 ignorance
                 ,
                 superstition
                 ,
                 irreverence
                 ,
                 or
                 other
                 occasion
                 whatsoever
                 ,
                 seeing
                 they
                 cannot
                 conveniently
                 bee
                 prohibited
                 in
                 particular
                 ,
                 by
                 reason
                 of
                 the
                 divers
                 corruptions
                 of
                 the
                 places
                 and
                 provinces
                 where
                 they
                 are
                 committed
                 ,
                 the
                 Synod
                 commands
                 all
                 Bishops
                 ,
                 that
                 every
                 one
                 of
                 them
                 diligently
                 observe
                 the
                 abuses
                 of
                 his
                 Church
                 ,
                 and
                 give
                 notice
                 of
                 them
                 at
                 the
                 first
                 Provinciall
                 Synod
                 ;
                 to
                 the
                 end
                 that
                 being
                 knowne
                 by
                 the
                 other
                 Bishops
                 also
                 ,
                 they
                 may
                 forthwith
                 be
                 presented
                 to
                 the
                 Pope
                 :
                 by
                 whose
                 authoritie
                 and
                 wisedome
                 that
                 shall
                 be
                 ordained
                 which
                 is
                 expedient
                 for
                 the
                 Church
                 universall
                 .
              
            
             
             
               
               51
               See
               here
               processe
               is
               made
               against
               those
               under-rogues
               of
               Wallet-bearers
               and
               beggars
               ,
               which
               undertooke
               to
               sell
               these
               false
               spices
               in
               behalfe
               of
               the
               Bishops
               and
               other
               inferiour
               Officers
               .
               But
               for
               the
               Pope
               his
               authoritie
               is
               preserv'd
               safe
               and
               sound
               ,
               as
               well
               in
               this
               as
               in
               all
               the
               rest
               .
               His
               penitentiary
               taxe
               i●
               neither
               dead
               nor
               sicke
               for
               all
               this
               ;
               for
               they
               abolished
               onely
               all
               wicked
               gaines
               which
               arise
               from
               them
               .
               Who
               dare
               bee
               so
               bold
               as
               to
               referre
               that
               to
               the
               Pope
               !
               He
               should
               be
               damned
               for
               it
               a
               thousand
               times
               for
               want
               of
               Indulgences
               .
               Iudge
               what
               reformation
               they
               will
               make
               of
               this
               matter
               ,
               which
               are
               the
               authours
               of
               this
               disorder
               ;
               which
               reape
               profit
               by
               it
               ;
               which
               build
               their
               greatnesse
               upon
               it●
               and
               who
               by
               that
               meanes
               make
               themselves
               omnipotent
               over
               weake
               and
               fearefull
               soules
               .
            
          
        
         
           
             CHAP.
             II.
             Of
             Fraternities
             .
          
           
             1
             ANd
             forasmuch
             as
             these
             large
             Indulgences
             whereof
             wee
             have
             spoke
             ,
             are
             most
             commonly
             granted
             to
             Fraternities
             ,
             as
             appeares
             by
             the
             Buls
             of
             them
             which
             have
             beene
             produced
             ,
             it
             is
             good
             reason
             we
             speake
             a
             word
             of
             them
             too
             .
             King
             Charles
             the
             ninth
             in
             his
             demands
             required
             a
             reformation
             of
             the
             abuses
             of
             such
             Fraternities
             .
             The
             Councell
             found
             nothing
             to
             be
             corrected
             in
             them
             ;
             but
             tacitly
             confirm'd
             them
             ,
             
             by
             ordaining
             
               that
               the
               administratours
               of
               them
               shall
               give
               account
               of
               their
               administration
               every
               yeare
               unto
               the
               Ordinary
               .
            
             They
             were
             wary
             enough
             not
             to
             touch
             upon
             that
             point
             ,
             seeing
             it
             directly
             concernes
             the
             Popes
             authority
             .
             By
             meanes
             of
             these
             indulgences
             and
             the
             superstition
             which
             hee
             useth
             in
             them
             ,
             he
             gaines
             millions
             of
             men
             unto
             himselfe
             ,
             who
             devote
             themselves
             so
             much
             unto
             him
             ,
             for
             the
             especiall
             favour
             which
             they
             suppose
             they
             receive
             by
             meanes
             of
             these
             indulgences
             ,
             that
             they
             doe
             not
             acknowledge
             any
             other
             superiour
             .
          
           
             2
             Former
             times
             have
             instructed
             us
             ,
             that
             leagues
             ,
             and
             monopolies
             ,
             and
             conspiracies
             against
             the
             State
             ,
             have
             beene
             hatched
             in
             such
             Fraternities
             as
             these
             ,
             and
             that
             disorders
             and
             other
             unlawfull
             things
             have
             beene
             committed
             among
             them
             .
             They
             have
             beene
             prohibited
             in
             all
             well
             policied
             Kingdomes
             and
             Common-wealths
             ,
             and
             particularly
             in
             our
             France
             :
             where
             wee
             must
             observe
             that
             as
             they
             have
             beene
             instruments
             of
             trouble
             and
             dissolutenesse
             ;
             so
             they
             have
             beene
             judged
             hurtfull
             to
             peace
             and
             concord
             .
             And
             for
             that
             reason
             they
             are
             condemned
             by
             the
             Edicts
             and
             Declarations
             of
             our
             Kings
             ,
             as
             the
             mothers
             ,
             or
             at
             least
             the
             companions
             of
             conspiracies
             ;
             for
             they
             are
             so
             joyned
             together
             by
             the
             same
             Ordinances
             :
             as
             in
             that
             of
             Henry
             the
             third
             ,
             of
             September
             1577.
             
             
               And
               all
               leagues
               ,
               associations
               ,
               and
               fraternities
               ,
               made
               or
               to
               be
               made
               ,
               under
               any
               pretence
               whatsoever
               ,
               to
               the
               prejudice
               of
               this
               our
               Edict
               ,
               shall
               bee
               utterly
               void
               and
               of
               no
               effect
               .
            
             And
             in
             that
             of
             the
             same
             Prince
             ,
             given
             the
             20
             of
             December
             in
             the
             same
             yeare
             .
             
               Wee
               expresly
               forbid
               all
               our
               said
               subjects
               ,
               of
               what
               qualitie
               soever
               they
               be
               ,
               to
               begin
               ,
               make
               ,
               or
               prosecute
               any
               league
               ,
               association
               or
               fraternitie
               amongst
               themselves
               ,
               to
               the
               prejudice
               of
               our
               said
               Edict
               of
               pacification
               .
            
             The
             44
             Article
             of
             the
             conference
             of
             Flex
             saith
             in
             expresse
             termes
             ,
             
               All
               the
               foresaid
            
             (
             to
             wit
             ,
             Provosts
             ,
             Maiors
             ,
             Consuls
             ,
             Sherifes
             of
             townes
             ,
             &c.
             mentioned
             in
             the
             former
             Article
             )
             
               and
               other
               Subjects
               whatsoever
               of
               this
               Realme
               ,
               of
               what
               condition
               soever
               ,
               shall
               depart
               from
               and
               
               renounce
               all
               leagues
               ,
               associ●tions●
               fraternities
               and
               intelligences
               ,
               as
               well
               within
               the
               Realme
               as
               without
               .
            
             
          
           
             3
             Durant
             Bishop
             of
             M●nde
             in
             the
             reformation
             which
             he
             presented
             to
             the
             Councell
             of
             Vienna
             ,
             
             holden
             in
             the
             yeare
             1311.
             perswaded
             the
             abolition
             of
             these
             fraternities
             for
             two
             reasons
             :
             for
             their
             dissolutenesse
             ,
             and
             ●or
             conspiracie
             against
             their
             superiours
             .
             
               It
               would
               bee
               also
               usefull
            
             (
             saith
             hee
             )
             
               that
               fraternities
               ,
               wherein
               both
               Clergy
               and
               Lay
               doe
               nothing
               but
               sowle
               themselves
               with
               delicates
               ,
               live
               in
               dissolutenesse
               and
               drunkennesse
               ,
               and
               busie
               themselves
               in
               divers
               plots
               against
               their
               superio●rs
               ,
               were
               abolished
               .
            
             There
             is
             at
             this
             day
             one
             in
             request
             in
             this
             Kingdome
             ,
             which
             we
             may
             and
             must
             beleeve
             to
             be
             both
             seditious
             and
             hereticall
             ;
             to
             wit
             that
             of
             the
             
               Recommendati
               to
               the
               blessed
               Virgin
            
             Mary
             ,
             otherwise
             called
             Confalonesi
             at
             Rome
             ;
             and
             in
             
               France
               ,
               The
               Order
               or
               Fraternity
               of
               the
               Chaplet
               ,
               the
               Order
               of
               Penitents
               ,
               the
               Order
               of
               Battu's
            
             :
             all
             these
             are
             but
             one
             thing
             .
             There
             are
             some
             poore
             innocents
             that
             enroll
             themselves
             among
             them
             ,
             thinking
             to
             find
             the
             salvation
             of
             their
             soules
             there
             ,
             and
             to
             enjoy
             the
             virtue
             of
             so
             many
             goodly
             indulgences
             .
             Some
             of
             them
             pride
             themselves
             in
             going
             in
             a
             masque
             as
             it
             were
             ,
             and
             walking
             about
             the
             towne
             in
             a
             white
             ,
             or
             black
             ,
             or
             gray
             garment
             ,
             or
             of
             some
             other
             colour
             :
             some
             with
             their
             white
             sandals
             ,
             and
             their
             sweet-meats
             in
             their
             pockets
             to
             throw
             at
             a
             sweet-heart
             as
             they
             passe
             along
             ,
             after
             they
             have
             cast
             many
             a
             pitifull
             amorous
             glance
             at
             her
             .
             Another
             with
             a
             whip
             in
             his
             hand
             full
             set
             with
             prickes
             ,
             lancing
             himselfe
             and
             drawing
             bloud
             of
             his
             back
             ,
             who
             goes
             from
             street
             to
             street
             ,
             and
             Church
             to
             Church
             begging
             for
             mercie
             ;
             serving
             for
             a
             spectacle
             and
             an
             offence
             to
             all
             those
             that
             behold
             these
             antiques
             .
             But
             the
             most
             part
             of
             them
             are
             Statesmen
             ,
             fine
             ,
             cunning
             ,
             delighting
             in
             troubles
             ,
             and
             enemi●s
             of
             peace
             .
             Which
             make
             use
             of
             such
             assemblies
             to
             cast
             their
             plots
             ,
             to
             build
             their
             designes
             ,
             and
             to
             put
             them
             in
             execution
             .
          
           
             4
             This
             Order
             was
             cried
             downe
             in
             the
             Citie
             of
             Paris
             by
             the
             late
             King
             Henry
             the
             third
             ,
             because
             he
             was
             certified
             of
             the
             conspiracies
             which
             they
             made
             against
             the
             State.
             It
             is
             notoriously
             knowne
             to
             many
             that
             the
             League
             was
             sworne
             in
             Tholouse
             by
             the
             blacke
             Penitents
             ;
             and
             that
             as
             many
             of
             these
             Orders
             as
             are
             in
             France
             did
             all
             conspire
             to
             the
             like
             ends
             .
             And
             yet
             notwithstanding
             we
             see
             them
             now
             adaies
             spring
             up
             againe
             in
             divers
             Cities
             .
             This
             Societie
             and
             Fraternitie
             was
             renewed
             by
             Gregory
             the
             thirteenth
             ,
             the
             yeare
             1576
             ,
             as
             appeares
             by
             his
             Bull
             of
             the
             fourth
             of
             October
             .
             What
             time
             ,
             a
             little
             after
             the
             arrivall
             of
             the
             Bishop
             of
             Paris
             ,
             that
             consultation
             about
             the
             League
             was
             held
             at
             Rome
             ,
             which
             was
             found
             in
             the
             Advocate
             Davids
             coffer
             .
             Now
             the
             penance
             which
             Gregory
             saith
             he
             renewes
             unto
             them
             ,
             is
             this
             :
             
             
               That
               the
               said
               Brothers
               ,
               in
               stead
               of
               those
               which
               wee
               call
               Canonicall
               houres
               ,
               shall
               not
               faile
               to
               say
               the
               Lords
               prayer
               five
               and
               twenty
               times
               ,
            
             Pater
             noster
             ,
             &c.
             
               and
               the
               Angels
               salutation
               as
               many
               times
               ,
            
             Ave
             Maria
             ,
             &c.
             
             
               Adding
               at
               the
               close
            
             ,
             Gloria
             Patri
             ,
             &c.
             
               which
               is
               said
               after
               every
               Psalm
               in
               the
               Church
               .
               And
               also
               they
               shall
               say
               the
               said
               Orisons
               and
               Salutations
               ,
            
             Pater
             and
             Ave
             ,
             
               seven
               times
               ;
               with
               the
               versicle
            
             Requiem
             aeternam
             ,
             &c.
             
               and
               the
               responce
            
             ,
             Et
             lux
             perpetua
             ,
             &c.
             
          
           
             5
             All
             these
             
               Pater
               nosters
               ,
               Ave
               Maria's
            
             ,
             and
             Requiems
             ,
             are
             comprehended
             in
             a
             Crowne
             or
             Chaplet
             ,
             spoken
             of
             in
             the
             same
             Bull
             ,
             the
             forme
             whereof
             is
             represented
             at
             the
             end
             of
             the
             Bull
             ,
             which
             they
             must
             hold
             in
             their
             hands
             ,
             and
             say
             over
             in
             order
             in
             such
             a
             measure
             as
             is
             there
             exprest
             .
             And
             this
             being
             so
             done
             ,
             
               We
               release
               them
            
             (
             saith
             the
             same
             Gregory
             )
             
               twenty
               yeares
               ,
               the
               sundayes
               and
               festivals
               and
               other
               holidayes
               ten
               yeares
               ,
               of
               the
               penance
               which
               shall
               or
               ought
               to
               bee
               enjoyned
               them
               upon
               the
               day
               that
               they
               shall
               be
               acquitted
               from
               the
               said
               Crowne
               .
               Besides
               ,
               wee
               grant
               unto
               the
               said
               Brothers
               plenary
               indulgence
               and
               pardon
               of
               their
               sins
               ,
               such
               as
               being
               contrite
               and
               confessed
               shall
               say
               over
               the
               said
               Crowne
               or
               Chaplet
               upon
               the
               dayes
               of
               Christmas
               ,
               Easter
               ,
               &
               Whit
               sunday
               ;
               as
               also
               upon
               those
               other
               daies
               which
               the
               Catholique
               Church
               doth
               celebrate
               in
               honour
               of
               our
               Lord
               Iesus
               Christ
               ,
               and
               of
               our
               Lady
               .
            
          
           
           
             
             6
             There
             are
             yet
             other
             Indulgences
             in
             the
             same
             Bull
             ,
             both
             for
             the
             quick
             and
             the
             dead
             ,
             which
             we
             omit
             .
             It
             was
             printed
             at
             Paris
             by
             
               Michel
               Iulian
            
             the
             yeare
             1583
             ,
             with
             the
             picture
             of
             our
             Lady
             stretching
             out
             her
             veile
             over
             two
             of
             these
             Battu's
             or
             Penitents
             ,
             dressed
             in
             their
             proper
             habits
             and
             hoods
             ,
             which
             cover
             all
             the
             head
             except
             the
             eyes
             ,
             and
             their
             whips
             in
             their
             hands
             ;
             which
             made
             mee
             call
             them
             heretiques
             ;
             for
             they
             are
             the
             successours
             of
             those
             Flagellators
             that
             were
             condemned
             as
             such
             .
             We
             will
             here
             set
             downe
             some
             passages
             out
             of
             such
             authors
             as
             speake
             of
             them
             .
          
           
             
             7
             And
             first
             out
             of
             Nauclerus
             Provost
             of
             Tubinge
             .
             
               In
               the
               same
               year
               1346
               ,
               the
               Flagellators
               came
               into
               Germany
               ,
               men
               of
               divers
               conditions
               ,
               who
               begun
               to
               whip
               themselves
               ,
               travailing
               from
               place
               to
               place
               .
               Two
               hundred
               of
               them
               came
               out
               of
               Suevia
               into
               Spire
               ,
               having
               among
               them
               one
               head
               &
               two
               masters
               ,
               whose
               command
               they
               obeyed
               .
               These
               setting
               themselves
               in
               a
               ring
               before
               the
               Monasterie
               of
               Spire
               ,
               about
               an
               houre
               after
               dinner
               ,
               and
               putting
               off
               their
               garmēts
               ,
               having
               shirts
               on
               after
               the
               fashiō
               of
               breeches
               ,
               which
               went
               from
               the
               wast
               down
               to
               the
               heels
               ,
               they
               cast
               themselves
               down
               upon
               the
               ground
               in
               form
               of
               a
               Crucifix
               ;
               all
               of
               them
               whipping
               themselves
               ,
               singing
               ,
               &
               calling
               upon
               God
               ,
               turning
               the●selves
               upon
               their
               faces
               ,
               praying
               for
               thēselves
               &
               for
               their
               benefactors
               and
               malefactors
               .
               There
               were
               amongst
               them
               some
               Priests
               ,
               and
               lettered
               men
               ,
               both
               noble
               and
               ignoble
               ,
               women
               and
               children
               .
               The
               good
               will
               of
               every
               one
               of
               the
               inhabitants
               of
               Spire
               was
               so
               great
               towards
               them●
               that
               being
               all
               presently
               invited
               ,
               there
               were
               not
               enow
               of
               them
               for
               those
               that
               desired
               them
               .
               For
               they
               tooke
               no
               almes
               ,
               but
               if
               they
               were
               invited
               to
               any
               mans
               table
               they
               went
               with
               the
               leave
               of
               their
               masters
               .
               They
               whipt
               themselves
               twice
               a
               day
               ,
               and
               every
               one
               once
               a
               night
               privately
               .
               They
               never
               spoke
               to
               women
               .
               They
               wore
               all
               crosses
               upon
               their
               garments
               before
               and
               behinde
               ,
               and
               upon
               their
               bonnets
               :
               having
               whips
               hanging
               at
               their
               garments
               :
               and
               they
               staid
               not
               above
               one
               night
               in
               one
               parish
               :
               into
               this
               societie
               they
               admitted
               above
               an
               hundred
               people
               of
               the
               Citie
               of
               Spire
               .
               But
               none
               was
               admitted
               untill
               he
               had
               first
               promised
               to
               observe
               all
               things
               aforesaid
               :
               and
               that
               hee
               was
               able
               
                 de
                 proprio
              
               to
               spend
               eight
               pieces
               of
               silver
               a
               day
               called
               Hallenses
               ,
               that
               he
               needed
               not
               begge
               :
               and
               that
               hee
               was
               certaine
               he
               had
               beene
               confessed
               ,
               contrite
               ,
               and
               had
               forgiven
               his
               enemies
               all
               manner
               of
               injuries
               ;
               and
               besides
               it
               was
               requisite
               hee
               should
               have
               his
               wifes
               leave
               .
               There
               came
               such
               a
               multitude
               of
               them
               to
               Strasbourg
               as
               it
               was
               impossible
               for
               any
               man
               to
               number
               them
               .
               But
               there
               they
               were
               compelled
               to
               forbeare
               ,
               by
               the
               Emperour
               Charles
               the
               fourth
               ,
               and
               by
               the
               Friars
               mendicant
               and
               the
               Priests
               .
               At
               last
               they
               went
               on
               devotion
               to
               Avinion
               ,
               where
               the
               Popes
               Court
               was
               .
               And
               after
               they
               had
               whipt
               themselves
               in
               St.
               Peters
               Church
               ,
               Clement
               the
               sixt
               would
               have
               imprisoned
               them
               ,
               but
               some
               of
               the
               Cardinals
               excused
               them
               .
               Then
               the
               Pope
               forbad
               both
               them
               and
               all
               other
               Christians
               to
               use
               any
               such
               publique
               whipping
               from
               thence
               forwards
               upon
               paine
               of
               excommunication
               by
               that
               his
               sentence
               ;
               and
               yet
               that
               a
               penitent
               might
               whip
               himselfe
               in
               private
               notwithstanding
               .
            
             
               Albertus
               Argentinensis
            
             hath
             the
             very
             same
             story
             in
             the
             same
             words
             .
             
          
           
             
             8
             The
             author
             of
             the
             booke
             intitled
             
               Chronicum
               Chronicorum
            
             ,
             speaks
             thus
             of
             them
             ,
             
               The
               Sect
               of
               the
            
             Flagellantes
             
               had
               their
               originall
               in
            
             Italy
             ,
             
               and
               from
               thence
               it
               was
               spread
               into
            
             Germany
             and
             France
             .
             
               They
               whip'd
               themselves
               out
               of
               ostentation
               with
               knotted
               whips
               ,
               whereto
               were
               fastned
               certaine
               pricks
               :
               from
               this
               Sect
               many
               grievous
               errours
               arose
               in
               diverse
               places
               ,
               about
               the
               faith
               and
               sacraments
               of
               the
               Church
               .
               At
               last
               it
               was
               utterly
               rooted
               out
               ,
               partly
               by
               fire
               and
               partly
               by
               sword
               .
               Albertus
               Crantzius
            
             hath
             a
             long
             discourse
             of
             them
             ,
             
             much
             like
             to
             that
             of
             
               Nauclerus
               ;
               About
               this
               time
            
             (
             saith
             he
             ,
             meaning
             about
             the
             yeare
             1300
             )
             
               the
               Sect
               of
               the
            
             Flagellants
             
               did
               strangely
               increase
               in
               many
               Provinces
               .
               It
               is
               uncertaine
               who
               was
               the
               first
               author
               of
               it
               ,
               unlesse
               it
               was
               he
               that
               sowes
               tares
               while
               other
               men
               sleep
               ,
               
               as
               the
               Gospel
               speaketh
               .
               Hereupon
               they
               were
               called
            
             Acephali
             ,
             
             
               that
               is
               ,
               headlesse
               .
               Clownish
               fellows
               ,
               that
               tore
               their
               bodies
               with
               the
               lashes
               of
               their
               whips
               through
               the
               fields
               in
            
             Germany
             .
             
               They
               wore
               crosses
               upon
               their
               garments
               :
               They
               marched
               in
               troups
               through
               the
               countrey
               ,
               in
               an
               orderly
               Procession
               :
               having
               their
               head
               and
               face
               covered
               all
               but
               the
               eies
               ;
               and
               their
               countenance
               cast
               downe
               upon
               the
               ground
               :
               they
               alwaies
               looked
               sad
               and
               discontent
               .
               Their
               whips
               were
               made
               of
               three
               cords
               ;
               everie
               one
               of
               which
               had
               a
               knot
               ,
               and
               every
               knot
               his
               piece
               of
               iron
               sticking
               out
               in
               fashion
               of
               a
               crosse
               .
               They
               had
               their
               backs
               and
               shoulders
               all
               putrified
               with
               great
               blowes
               and
               wounds
               .
               As
               soone
               as
               they
               were
               entered
               into
               a
               Church●
               they
               put
               off
               their
               clothes
               ,
               and
               appareld
               themselves
               in
               linnen
               breches
               ,
               which
               went
               from
               the
               navill
               downwards
               ,
            
             &c.
             
          
           
             9
             This
             Sect
             sprung
             up
             presently
             after
             the
             Councell
             of
             Constance
             ;
             not
             as
             the
             former
             ,
             but
             a
             little
             more
             hand
             somely
             ,
             with
             more
             pretence
             and
             colour
             of
             devotion
             .
             The
             Clergy
             whip'd
             themselves
             in
             the
             Churches
             ;
             and
             also
             many
             Lay
             men
             of
             all
             sorts
             ,
             without
             running
             abroad
             in
             the
             world
             ,
             as
             the
             other
             did
             :
             in
             short
             ,
             a
             man
             cannot
             tell
             what
             to
             compare
             them
             to
             better
             than
             to
             the
             Battu's
             of
             our
             times
             .
             What
             I
             shall
             speake
             shall
             be
             proved
             by
             the
             testimony
             of
             
               Mr.
               Iohn
               Gerson
            
             Chancelour
             of
             Paris
             ,
             who
             writ
             a
             treatise
             against
             these
             Battu's
             ,
             what
             time
             he
             was
             resident
             at
             the
             Councell
             of
             Constance
             ;
             which
             hee
             sent
             ,
             together
             with
             a
             letter
             to
             one
             Vincentius
             ,
             a
             favourer
             of
             theirs
             ,
             of
             the
             Order
             of
             Predicants
             .
             But
             I
             am
             to
             blame
             to
             say
             so
             much
             of
             it
             :
             Let
             us
             heare
             that
             great
             Devine
             speake
             himselfe
             ,
             out
             of
             whom
             wee
             shall
             select
             the
             principall
             passages
             :
          
           
             10
             
               The
               law
               of
               Christ
               (
               saith
               hee
               )
               ought
               no
               lesse
               to
               eschew
               the
               superstitions
               of
               the
               Gentiles
               and
               Idolaters
               (
               especially
               such
               as
               are
               horrid
               and
               cruell
               )
               in
               the
               service
               of
               God
               ,
               
               than
               the
               old
               law
               .
               Now
               in
               that
               there
               is
               an
               expresse
               prohibition
               in
               the
               14
               of
               Deuteronomie
               ,
               where
               it
               is
               said
               ,
               Yee
               are
               the
               children
               of
               the
               Lord
               your
               God
               ,
               ye
               shall
               not
               cut
               your selves
               .
               The
               glosse
               saith
               ;
               You
               ought
               not
               to
               make
               your selves
               like
               Idolaters
               :
               and
               it
               is
               in
               the
               Hebrew
               ,
               You
               shall
               not
               rent
               your selves
               .
               Now
               so
               did
               the
               Idolaters
               ,
               as
               it
               is
               written
               in
               the
               2
               of
               Kings
               Chap.
               18.
               
               Where
               it
               is
               said
               that
               they
               cut
               themselves
               ,
               according
               to
               the
               custome
               ,
               with
               knives
               and
               lances
               ,
               till
               the
               bloud
               gushed
               out
               .
               Surely
               it
               is
               a
               known
               thing
               ,
               and
               hath
               been
               left
               unto
               us
               upon
               record
               in
               writing
               ,
               that
               these
               murtherous
               and
               Apostate
               Divels
               do
               long
               after
               the
               effusion
               of
               bloud
               ,
               especially
               mans
               bloud
               .
               A
               law
               the
               more
               injust
               it
               is
               ,
               and
               more
               pleasing
               to
               the
               Divell
               ,
               the
               more
               cruell
               it
               is
               found
               to
               bee
               .
               This
               is
               evident
               from
               the
               example
               of
               such
               as
               sacrificed
               their
               sonnes
               and
               daughters
               .
               And
               therefore
               the
               Lord
               said
               by
               his
               Prophet
               ,
               You
               shall
               serve
               strange
               Gods
               which
               shall
               not
               give
               you
               any
               rest
               .
               But
               Christ
               by
               his
               grace
               hath
               bin
               pleased
               to
               save
               us
               mercifully
               by
               the
               shedding
               of
               his
               bloud
               ;
               whereby
               hee
               hath
               made
               us
               towards
               God
               wisedome
               ,
               and
               justice
               ,
               and
               sanctification
               and
               redemption
               .
            
             A
             little
             after
             ,
             
               Christs
               law
               doth
               straitly
               forbid
               to
               impose
               any
               publique
               penance
               upon
               Clergy
               men
               ,
               Priests
               ,
               and
               Prelats
               ,
               for
               reverence
               to
               their
               spiritual
               profession
               .
               How
               much
               lesse
               ought
               such
               persons
               submit
               themselves
               to
               such
               publique
               penance
               ,
               as
               many
               of
               the
               Flagellants
               do
               ?
               who
               though
               they
               seeme
               to
               hide
               themselves
               ,
               yet
               are
               they
               sufficiently
               knowne
               .
               The
               same
               may
               be
               said
               of
               noted
               persons
               of
               both
               sexs
               .
               And
               regard
               should
               also
               bee
               had
               of
               the
               modesty
               of
               young
               children
               and
               damosels
               ,
               which
               are
               seene
               to
               devest
               themselves
               .
            
             A
             little
             after
             hee
             saith
             ,
             
               The
               law
               of
               Christ
               declared
               by
               the
               Church
               ,
               hath
               alwaies
               disallowed
               the
               Sect
               of
               such
               as
               whip
               themselves
               ,
               having
               observed
               that
               it
               began
               to
               spread
               in
               divers
               parts
               of
               the
               world
               .
               This
               hath
               beene
               seene
               within
               the
               memory
               of
               some
               men
               yet
               alive
               ,
               both
               in
               
                 Lorraine
                 ,
                 Germany
                 ,
                 France
              
               ,
               and
               manie
               other
               places
               ,
               as
               both
               the
               men
               and
               Chronicles
               of
               France
               doe
               testifie
               ,
               and
               other
               writings
               of
               good
               credit
               .
               Item
               ,
               no
               evill
               could
               subsist
               if
               it
               had
               not
               some
               shew
               of
               good
               :
               Wherefore
               it
               is
               a
               Sophisticall
               argument
               ,
               much
               good
               redounds
               from
               this
               Sect
               of
               Flagellants
               ,
               therefore
               it
               
               ought
               not
               to
               bee
               abolished
               and
               disallowed
               .
               
               The
               law
               of
               Christ
               made
               by
               men
               ,
               doth
               not
               only
               respect
               God
               ,
               but
               our
               neighbour
               also
               ,
               and
               the
               Prince
               ,
               and
               his
               Prelats
               .
               And
               therefore
               it
               is
               not
               lawfull
               for
               the
               people
               to
               set
               up
               all
               kind
               of
               fashions
               ,
               which
               may
               bee
               occasion
               of
               sedition
               ,
               faction
               ,
               or
               superstition
               ,
               &c.
               
               Item
               ,
               The
               law
               of
               Christ
               is
               sufficiently
               set
               forth
               unto
               us
               in
               the
               precepts
               of
               the
               decalogue
               ,
               the
               observation
               wherof
               if
               it
               be
               perform'd
               with
               an
               honest
               simplicitie
               ,
               and
               (
               that
               I
               may
               so
               say
               )
               with
               a
               grosse
               faith
               ,
               is
               sufficient
               to
               salvation
               ;
               especially
               in
               respect
               of
               the
               Laitie
               and
               common
               people
               ,
               without
               any
               new
               imposition
               of
               such
               hard
               tasks
               .
               Item
               ,
               The
               law
               of
               Christ
               ,
               as
               it
               is
               sufficiently
               explained
               by
               his
               Apostles
               and
               the
               sacred
               Doctours
               ,
               hath
               not
               invented
               any
               such
               novelties
               of
               Flagellants
               ,
               either
               by
               sermons
               or
               otherwise
               :
               but
               hath
               represented
               them
               rather
               as
               most
               suspect
               and
               dangerous
               .
               Item
               ,
               The
               law
               of
               Christ
               teacheth
               by
               the
               waies
               aforesaid
               ,
               and
               many
               other
               such
               like
               ,
               that
               the
               Prelats
               of
               the
               Church
               ,
               the
               Pastours
               and
               Doctours
               ,
               yea
               even
               Princes
               ought
               to
               labour
               and
               endevour
               to
               distract
               and
               disperse
               such
               a
               bloudie
               Sect
               as
               this
               ;
               both
               by
               preachings
               and
               good
               perswasions
               ,
               and
               by
               censures
               not
               onelie
               Ecclesiastical
               but
               temporal
               too
               ,
               as
               our
               predecessours
               did
               :
               considering
               that
               under
               this
               cloak
               and
               pretence
               of
               penance
               ,
               a
               number
               of
               wickednesse
               is
               committed
               ;
               as
               those
               testi●ie
               that
               have
               made
               triall
               of
               it
               .
            
             And
             a
             little
             after
             this
             hee
             addes
             ,
             
               This
               Sect
               of
               them
               that
               whip
               themselves
               hath
               been
               divers
               times
               condemned
               heretofore
               a
               long
               time
               agoe
               ;
               and
               therefore
               seeing
               it
               begins
               to
               sprout
               againe
               and
               to
               increase
               ,
               it
               ought
               to
               be
               utterlie
               extirpated
               and
               beaten
               downe
               .
            
             In
             conclusion
             he
             saith
             ,
             
               Lastlie
               ,
               if
               this
               famous
               Doctour
               Mr.
               Vincent
               thinke
               perhaps
               he
               cannot
               convenientlie
               and
               effectuallie
               provide
               for
               the
               premises
               with
               profit●
               it
               may
               seeme
               to
               bee
               the
               safer
               way
               for
               him
               to
               absent
               himselfe
               for
               a
               time
               ,
               by
               forbearing
               that
               societie
               :
               which
               he
               may
               doe
               by
               visiting
               the
               sacred
               Councel
               ,
               or
               some
               other
               way
               .
               Writ
               in
               the
               time
               of
               the
               Councel
               of
               Constance
               ,
               the
               year
               1417.
               
            
          
           
             11
             The
             epistle
             which
             he
             sent
             to
             this
             Mr.
             Vincent
             is
             put
             after
             this
             treatise
             ,
             where
             he
             saith
             amongst
             other
             things
             ;
             
               Beleeve
               mee
               ,
               great
               and
               ancient
               Doctour
               ,
               divers
               men
               speak
               diversly
               of
               your
               sermons
               ,
               especially
               of
               this
               Sect
               of
               those
               that
               whip
               themselves
               ;
               which
               ,
               as
               it
               is
               evident
               ,
               hath
               beene
               condemned
               heretofore
               many
               times
               ,
               and
               in
               many
               places
               .
               Which
               you
               doe
               not
               approve
               indeed
               ,
               as
               those
               that
               know
               you
               doe
               affirme
               ;
               but
               withall
               you
               doe
               not
               sufficiently
               disprove
               it
               ,
            
             &c.
             
             At
             the
             end
             there
             is
             this
             addition
             of
             
               Peter
               de
               Alliaco
            
             Cardinal
             of
             
               Cambray
               :
               Reverend
               Sir
               ,
               and
               most
               dear
               father
               ,
               I
               have
               beene
               perswaded
               to
               exhort
               you
               in
               a
               charitable
               way
               concerning
               the
               premises
               ,
               together
               with
               my
               beloved
               brother
               and
               companion
               the
               Chancelour
               of
            
             Paris
             .
             
               Hee
               that
               is
            
          
           
             
               Yours
               in
               all
               things
               ,
               P.
               Cardinal
               of
               Cambray
               .
            
          
        
         
           
           
             CHAP.
             III.
             Of
             Dispensations
             .
          
           
             1
             IT
             was
             expected
             from
             this
             Councel
             ,
             that
             there
             should
             bee
             some
             great
             reformation
             in
             point
             of
             dispensations
             ,
             considering
             they
             generallie
             condemn'd
             an
             unlawfull
             power
             which
             the
             Pope
             assumes
             unto
             himselfe
             by
             reason
             of
             them
             ;
             
             the
             great
             abuses
             committed
             in
             them
             ,
             and
             the
             great
             complaints
             that
             were
             made
             of
             them
             .
             But
             behold
             ,
             all
             our
             hopes
             are
             dash'd
             !
             there
             must
             bee
             no
             more
             talke
             of
             them
             if
             this
             Councell
             be
             admitted
             .
             That
             the
             Pope
             arrogates
             unto
             himselfe
             an
             immense
             and
             unlawfull
             power
             in
             this
             behalf
             ,
             
             is
             out
             of
             all
             question
             .
             He
             pretends
             that
             hee
             can
             dispense
             above
             all
             law
             .
             For
             humane
             ,
             that
             is
             taken
             for
             granted
             :
             but
             for
             divine
             laws
             Gratian
             restraines
             these
             dispensations
             to
             certaine
             cases
             .
             But
             Innocent
             the
             third
             sets
             no
             bounds
             to
             them
             ;
             
             but
             tels
             us
             in
             generall
             termes
             ,
             
               That
               he
               can
               dispense
               with
               the
               law
               ,
               above
               the
               law
               ,
               by
               reason
               of
               his
               plenitude
               of
               power
               .
            
             This
             ●ext
             will
             bee
             alwaies
             understood
             according
             to
             the
             exposition
             of
             the
             Doctours
             and
             Practitioners
             ,
             who
             hold
             that
             
               the
               Pope
               may
               dispense
               above
               the
               law
               ,
               beside
               the
               law
               ,
               and
               against
               the
               law
               :
               that
               hee
               hath
               soveraigne
               power
               in
               all
               and
               above
               all
               .
            
          
           
             2
             But
             though
             he
             should
             challenge
             no
             more
             but
             the
             dispensing
             with
             humane
             laws
             ,
             in
             all
             those
             cases
             specified
             by
             Gratian
             ,
             
             it
             were
             no
             light
             matter
             .
             Our
             laws
             would
             henceforth
             scarse
             serve
             our
             turnes
             ,
             neither
             the
             Decrees
             ,
             nor
             the
             Canons
             .
             For
             ,
             according
             to
             his
             opinion
             ,
             the
             Pope
             is
             no
             way
             subject
             to
             them
             ,
             but
             may
             dispense
             with
             them
             ,
             and
             make
             new
             lawes
             .
             Our
             Glossatour
             upon
             the
             Canon
             law
             ,
             avowed
             by
             the
             Rota
             of
             Rome
             ,
             goes
             farre
             further
             ;
             as
             that●
             
             
               The
               Pope
               may
               dispense
               against
               the
               Apostle
               ;
               against
               the
               old
               Testament
               ;
               against
               the
               foure
               Evangelists
               ;
               against
               the
               law
               of
               God.
            
             When
             they
             come
             so
             farre
             in
             this
             ,
             I
             leave
             you
             to
             imagine
             what
             they
             will
             doe
             in
             the
             rest
             ;
             at
             this
             day
             especially
             when
             the
             controversie
             betwixt
             the
             Pope
             and
             the
             Councell
             shall
             bee
             decided
             .
             It
             will
             not
             need
             to
             put
             in
             that
             exception
             of
             the
             glosse
             ,
             
               That
               the
               Pope
               cannot
               dispense
               against
               the
               generall
               state
               of
               the
               Church
               .
            
             For
             he
             being
             above
             it
             ,
             and
             having
             full
             soveraigntie
             ,
             when
             he
             shall
             make
             use
             of
             it
             ,
             who
             will
             tell
             him
             ,
             You
             are
             to
             blame
             ?
             Especiallie
             considering
             our
             Sophisters
             maintaine
             now
             adaies
             ,
             that
             all
             he
             does
             is
             well
             done
             ,
             and
             that
             he
             cannot
             erre
             in
             that
             regard
             .
             Popes
             are
             not
             content
             to
             dispense
             onelie
             in
             their
             books
             ,
             but
             they
             do
             it
             farre
             better
             in
             their
             practise
             ;
             and
             that
             alwaies
             to
             their
             owne
             advantage
             .
             For
             these
             dispensations
             aime
             at
             two
             things
             ,
             their
             profit
             and
             their
             greatnesse
             .
             Germany
             will
             tell
             us
             newes
             of
             them
             .
             As
             for
             the
             first
             ,
             I
             doe
             not
             speake
             of
             the
             Protestants
             ,
             but
             the
             Catholiques
             assembled
             ●t
             an
             Imperiall
             Diet
             at
             Noremberg
             ,
             the
             year
             1522
             :
             when
             they
             say
             ;
          
           
             3
             
               Many
               things
               are
               forbid
               by
               humane
               constitutions
               ,
               and
               many
               things
               also
               are
               commanded
               ,
               which
               are
               neither
               commanded
               nor
               prohibited
               by
               the
               lawes
               of
               God
               :
            
             
             
               such
               are
               divers
               impediments
               of
               marriage
               by
               reason
               of
               affinitie
               ,
               common
               honesty
               ,
               spirituall
               and
               legall
               kindred●
               and
               consanguinitie
               in
               many
               divers
               degrees
               .
               Besides
               ,
               the
               use
               of
               some
               meats
               is
               forbidden
               ,
               which
               yet
               God
               created
               for
               the
               necessitie
               of
               men
               .
               These
               and
               many
               other
               such
               like
               humane
               constitutions
               bind
               men
               ,
               so
               long
               till
               they
               can
               by
               their
               money
               purchase
               a
               dispensation
               from
               such
               lawes
               ,
               of
               those
               that
               made
               
               them
               .
            
             
             
               So
               money
               makes
               that
               lawfull
               to
               the
               rich
               ,
               which
               the
               poore
               cannot
               compass●
            
             gratis
             .
             
               And
               by
               such
               unlawfull
               bands
               of
               humane
               constitutions
               ,
               there
               is
               not
               onely
               a●
               huge
               masse
               of
               money
               drain'd
               out
               of
            
             Germanie
             ,
             
               and
               transported
               beyond
               the
            
             Alpes●
             
               but
               a
               great
               deal
               of
               iniquitie
               is
               raised
               amongst
               Christians
               themselves
               ,
               many
               offences
               and
               quarrels
               ,
               when
               the
               poore
               perceive
               themselves
               caught
               in
               these
               nets
               ,
               fo●
               no
               other
               reason
               but
               because
               they
               want
               the
               thornes
               of
               the
               Gospel
               ;
               for
               so
               are
               riche●●alled●
               there
               .
            
             This
             complaint
             was
             presented
             to
             Pope
             Adrian
             the
             6
             ,
             when
             hee
             talked
             of
             calling
             that
             Generall
             Conncell
             which
             was
             afterwards
             holden
             at
             Trent
             .
          
           
             4
             The
             same
             nation
             of
             Germany
             had
             drawne
             up
             a
             summarie
             of
             other
             grievances
             some
             years
             before
             ,
             and
             presented
             them
             to
             the
             Emperour
             Maximilian
             .
             The
             first
             was
             this
             ;
             
             
               As
               for
               the
               observance
               of
               Bulls
               ,
               compacts
               ,
               priviledges
               ,
               and
               letters
               granted
               by
               their
               Predecessours
               without
               any
               limitations
               ,
               the
               later
               Popes
               thinke
               they
               are
               not
               bound
               to
               them
               :
               but
               on
               the
               contrarie
               they
               transgresse
               them
               by
               frequent
               dispensations
               ,
               suspensions
               ,
               and
               repeals
               upon
               any
               mans
               entreaty
               ,
               yea
               even
               o●
               some
               base
               fellow
               .
            
          
           
             5
             A
             certaine
             Archbishop
             of
             Germany
             ,
             Legat
             for
             the
             See
             of
             Rome
             ,
             asked
             Pope
             Zacharie
             what
             he
             should
             do
             about
             a
             dispensation
             which
             a
             German
             assured
             him
             he
             had
             got
             of
             Pope
             Gregory
             his
             predecessour
             ,
             
             to
             marrie
             a
             woman
             that
             had
             first
             beene
             married
             to
             his
             uncle
             ,
             and
             afterwards
             to
             a
             Cozen
             of
             his
             ,
             from
             whom
             shee
             was
             divorced
             ,
             and
             who
             was
             yet
             alive
             ;
             besides
             ,
             she
             was
             his
             kinswoman
             in
             the
             third
             degree
             ,
             and
             had
             beene
             a
             Nun.
             We
             know
             not
             what
             answer
             he
             had
             ;
             nor
             doe
             we
             here
             consider
             any
             thing
             but
             the
             injustnesse
             of
             the
             dispensation
             .
          
           
             6
             Saint
             Bernard
             ,
             who
             lived
             in
             the
             year
             1150
             ,
             writing
             to
             Eugenius
             the
             third
             ,
             complaines
             bitterlie
             of
             these
             dispensations
             .
             
               What
               ?
               (
               you
               will
               say
               unto
               me
               )
               doe
               you
               forbid
               me
               to
               dispense
               ?
            
             
             No
             ,
             (
             saith
             he
             )
             
               but
               onely
               to
               d●ssipate
               .
               I
               am
               not
               so
               ignorant
               ,
               but
               I
               know
               you
               are
               placed
               there
               to
               bee
               a
               dispenser
               ,
               but
               to
               edification
               ,
               not
               to
               destruction
               .
            
          
           
             7
             The
             States
             of
             England
             being
             all
             assembled
             together
             in
             corps
             ,
             in
             the
             yeare
             1246
             ,
             under
             Henry
             the
             third
             ,
             put
             up
             divers
             grievances
             against
             the
             Pope
             ,
             in
             a
             bill
             of
             complaint
             drawne
             by
             them
             ,
             which
             wee
             read
             entire
             in
             the
             Historie
             of
             an
             English
             Monke
             ,
             
             amongst
             which
             this
             is
             one
             ;
             England
             
               is
               further
               aggrieved
               by
               the
               frequent
               comming
               of
               that
               infamous
               Nuncio
               ,
            
             (
             non
             obstante
             )
             
               whereby
               the
               religion
               of
               oathes
               ,
               the
               ancient
               customes
               ,
               the
               validity
               of
               writings
               ,
               the
               authority
               of
               grants
               ,
               the
               Statutes
               ,
               lawes
               ,
               &
               priviledges
               are
               weakened
               and
               disanull'd
               .
               Insomuch
               that
               infinite
               numbers
               of
            
             Englishmen
             
               are
               grieved
               and
               afflicted
               thereby
               .
               The
               Pope
               doth
               not
               carry
               himselfe
               so
               legally
               and
               moderately
               towards
               the
               Realme
               of
            
             England
             ,
             
               in
               revoking
               the
               plenitude
               of
               his
               power
               ,
               as
               hee
               promised
               by
               word
               of
               mouth
               to
               the
               Proctours
               at
            
             Rome
             .
          
           
             8
             The
             Bishop
             of
             M●nda
             in
             Gevaudan
             ,
             being
             commanded
             by
             Clement
             the
             fift
             to
             goe
             to
             the
             Generall
             Councell
             holden
             at
             Vienna
             in
             the
             time
             of
             Philip
             the
             Faire
             ,
             
             made
             some
             pretty
             notes
             touching
             the
             point
             of
             reformation
             .
             Where
             speaking
             of
             dispensations
             he
             saith
             ,
             
               That
               the
               very
               nerves
               of
               the
               Canons
               and
               Decrees
               are
               broken
               by
               the
               dispensations
               which
               are
               made
               according
               to
               the
               style
               of
               the
               Court
               of
            
             Rome
             ;
             
               that
               they
               are
               against
               the
               common
               good
               .
            
             And
             citing
             the
             authoritie
             of
             Saint
             Ierom
             writing
             to
             Rusticus
             Bishop
             of
             Narbon
             ,
             hee
             saith
             ,
             
               Since
               avarice
               is
               encreased
               in
               Churches
               as
               well
               as
               in
               the
            
             Roman
             
               Empire
               ,
               the
               law
               is
               departed
               from
               the
               Priests
               ,
               and
               seeing
               from
               the
               Prophets
               .
               We
               reade
               also
               in
               the
               Decree
            
             (
             sath
             he
             )
             that
             Crassus
             
               was
               turned
               into
               gold
               ,
               and
               that
               he
               dranke
               gold
               .
            
             He
             gives
             us
             the
             definition
             of
             a
             dispensation
             according
             to
             the
             Lawyers
             ;
             which
             he
             saith
             
               is
               a
               provident
               relaxation
               of
               the
               generall
               law
               countervailed
               by
               commodity
               or
               necessity
               :
               that
               if
               it
               be
               otherwise
               used
               it
               is
               not
               a
               dispensation
               but
               a
               dissipation
               :
               that
               the
               question
               is
               now
               about
               the
               staining
               of
               the
               state
               of
               the
               Church
               :
               that
               those
               who
               dispense
               upon
               unnecessary
               causes
               ,
               erre
               .
            
             Lastly
             ,
             for
             matter
             of
             dispensation
             hee
             would
             have
             
             that
             observed
             which
             Pope
             Leo
             said
             ,
             
             to
             wit
             ,
             
               That
               there
               are
               some
               things
               which
               cannot
               be
               altered
               upon
               any
               occasion
               :
               others
               which
               may
               bee
               tempered
               in
               regard
               of
               the
               necessity
               of
               the
               times
               ,
               or
               consideration
               of
               mens
               age
               :
               but
               alwayes
               with
               this
               resolution
               ,
               when
               there
               is
               any
               doubt
               or
               obscurity
               ,
               to
               follow
               that
               which
               is
               not
               contrary
               to
               the
               Gospell
               ,
               nor
               repugnant
               to
               the
               Decrees
               of
               holy
               Fathers
               .
            
             
          
           
             9
             All
             the
             nations
             of
             Christendome
             that
             were
             present
             at
             the
             Councell
             of
             Constance
             demanded
             the
             like
             reformation
             .
             
             For
             amongst
             other
             articles
             of
             reformation
             which
             were
             reserved
             for
             the
             last
             course
             of
             the
             Councell
             ,
             this
             was
             one
             ,
             
               Of
               Dispensations
            
             .
             But
             Martin
             the
             fift
             made
             them
             take
             away
             the
             table
             before
             they
             had
             done
             their
             dinner
             ,
             as
             we
             have
             said
             elsewhere
             .
          
           
             10
             Mr.
             
               Iohn
               Gerson
            
             in
             his
             treatise
             
               De
               potestate
               ecclesiastica
            
             ,
             saith
             ;
             
             
               What
               think
               you
               ?
               what
               shall
               we
               say
               for
               the
               present
               of
               that
               so
               easie
               dispensation
               as
               they
               speake
               of
               ,
               granted
               by
               the
               Pope
               and
               the
               Prelates
               over
               lawfull
               oathes
               ,
               reasonable
               vowes
               ,
               for
               the
               excessive
               plurality
               of
               benefices
               ,
               the
               generall
               non-obstance
               of
               Councels
               ,
               the
               priviledges
               and
               exemptions
               against
               common
               right
               ?
               Who
               can
               number
               all
               the
               wayes
               whereby
               the
               force
               of
               Ecclesiasticall
               yea
               of
               Evangeliall
               ,
               discipline
               is
               enfeebled
               ,
               consumed
               ,
               and
               quite
               annihilated
               ?
               By
               my
               advice
               the
               holy
               Councell
               should
               provide
               for
               all
               these
               things
               .
            
             And
             so
             it
             would
             have
             done
             ,
             but
             Pope
             Martin
             was
             urged
             to
             goe
             to
             another
             place
             .
             Speaking
             of
             the
             deniall
             of
             justice
             ,
             wee
             have
             said
             many
             things
             which
             may
             be
             referred
             to
             this
             place
             ,
             but
             we
             will
             not
             repeat
             them
             .
          
           
             11
             The
             Deputies
             of
             Paul
             the
             third
             ,
             whom
             he
             appointed
             to
             advise
             him
             concerning
             the
             reformation
             of
             himselfe
             and
             his
             Court
             ,
             begin
             with
             this
             article
             as
             one
             of
             greatest
             importance
             .
             
               Wee
               are
               of
               opinion
               (
               most
               blessed
               Father
               )
               that
               in
               the
               first
               place
               this
               law
               ought
               to
               bee
               observed
               in
               all
               things
               .
               That
               lawes
               bee
               kept
               as
               much
               as
               may
               be
               ;
               and
               that
               we
               thinke
               it
               not
               lawfull
               for
               us
               to
               dispense
               with
               lawes
               ;
               unlesse
               it
               be
               upon
               urgent
               and
               necessary
               occasion
               .
               For
               there
               cannot
               bee
               a
               more
               pernicious
               custome
               brought
               into
               any
               Common-wealth
               than
               the
               not
               observance
               of
               lawes
               ;
               which
               our
               ancestors
               would
               have
               to
               be
               accounted
               holy
               ,
               calling
               their
               power
               sacred
               and
               divine
               .
               You
               know
               all
               things
               ,
               O
               best
               of
               Popes
               ;
               you
               have
               read
               so
               in
               Philosophers
               and
               Devines
               .
            
             There
             needs
             no
             more
             but
             to
             put
             that
             knowledge
             in
             practice
             .
          
           
             12
             He
             that
             would
             fully
             informe
             himselfe
             of
             their
             practice
             and
             proceedings
             in
             this
             regard
             ,
             let
             him
             read
             the
             faculties
             of
             the
             Legats
             which
             have
             come
             into
             France
             and
             other
             Countries
             :
             as
             also
             the
             Penitentiary
             taxe
             ,
             whereof
             wee
             have
             spoken
             elsewhere
             ;
             and
             what
             Doctor
             Espenseus
             saith
             of
             it
             upon
             the
             Epistle
             to
             Titus
             .
             The
             instructions
             of
             the
             Ambassadours
             and
             Oratours
             of
             the
             Emperour
             ,
             the
             King
             of
             France
             and
             other
             Christian
             Princes
             ,
             sent
             to
             the
             Councell
             of
             Trent
             ,
             had
             this
             in
             charge
             also
             ,
             to
             complaine
             of
             these
             scandalous
             dispensations
             ,
             to
             the
             end
             that
             an
             order
             might
             be
             taken
             with
             them
             .
             See
             here
             enough
             to
             make
             them
             take
             them
             into
             consideration
             .
          
           
             Let
             us
             now
             see
             the
             remedies
             they
             applied
             ,
             
             being
             they
             were
             fully
             informed
             of
             the
             nature
             of
             the
             disease
             .
             In
             the
             seventeenth
             Chapter
             of
             the
             twentie
             fourth
             Session
             they
             straitly
             prohibit
             the
             pluralitie
             of
             benefices
             ,
             and
             that
             all
             unions
             ,
             all
             dispensations
             to
             the
             contrary
             notwithstanding
             .
             But
             in
             another
             place
             they
             renew
             the
             Decretall
             of
             Gregory
             the
             tenth
             ;
             which
             binds
             forsooth
             such
             as
             hold
             a
             pluralitie
             of
             benefices
             to
             exhibit
             their
             dispensations
             unto
             the
             Ordinary
             ,
             to
             make
             it
             appeare
             :
             Now
             if
             they
             be
             sufficient
             ,
             the
             Ordinaries
             have
             no
             more
             to
             say
             .
             Yea
             in
             case
             the
             validitie
             of
             them
             be
             doubtfull
             ,
             recourse
             must
             be
             had
             to
             the
             Pope
             ,
             for
             the
             manifestation
             of
             his
             pleasure
             .
             In
             another
             place
             having
             religiously
             forbid
             hereditary
             successions
             in
             Bishopriques
             ,
             which
             have
             beene
             alwaies
             condemned
             ,
             at
             last
             they
             admit
             of
             them
             in
             certaine
             cases
             ;
             but
             with
             cognizance
             of
             the
             cause
             ,
             which
             they
             attribute
             to
             the
             Pope
             .
             They
             make
             one
             or
             two
             faire
             Decrees
             concerning
             the
             residence
             of
             Bishops
             ;
             but
             they
             give
             the
             Pope
             power
             to
             approve
             the
             causes
             of
             their
             absence
             ,
             and
             upon
             that
             occasion
             to
             punish
             those
             
             whom
             he
             shall
             thinke
             good
             ,
             even
             to
             deprive
             them
             of
             their
             Bishopriques
             ,
             and
             put
             others
             in
             their
             place
             .
             
             In
             the
             twentieth
             Chapter
             of
             the
             last
             Session
             ,
             they
             leave
             Commendams
             in
             their
             full
             force
             and
             vigour
             ;
             howbeit
             they
             made
             semblance
             that
             they
             would
             abolish
             them
             in
             the
             17
             Decree
             of
             the
             twenty
             fourth
             Session
             .
             They
             were
             desired
             so
             to
             doe
             by
             our
             Kings
             Oratours
             ,
             as
             wee
             have
             said
             in
             the
             proper
             place
             .
             But
             all
             this
             was
             neither
             here
             nor
             there
             :
             
             For
             lay
             men
             must
             meddle
             with
             other
             matters
             ,
             as
             one
             of
             the
             Presidents
             of
             the
             Councell
             said
             .
             But
             see
             here
             that
             which
             makes
             all
             fadge
             !
             We
             must
             set
             downe
             the
             whole
             Chapter
             ,
             the
             better
             to
             collect
             the
             sense
             of
             it
             .
             
             
               That
               such
               dispensations
               as
               shall
               bee
               granted
               by
               what
               authority
               soever
               ,
               if
               they
               must
               bee
               referred
               from
               the
               Court
               of
            
             Rome
             ,
             
               let
               them
               be
               referred
               to
               the
               Ordinaries
               of
               them
               that
               obtained
               them
               :
               and
               that
               such
               as
               have
               bin
               freely
               granted
               do
               not
               take
               effect
               ,
               unlesse
               the
               Bishops
               ,
               as
               delegats
               for
               the
               See
               Apostolique
               ,
               have
               the
               cognizance
               of
               them
               ,
               and
               that
               it
               appear
               unto
               them
               presently
               ,
               and
            
             extra
             judicium
             ,
             
               that
               the
               prayers
               and
               entreaties
               therein
               expressed
               are
               not
               lyable
               to
               the
               fault
               of
               subreption
               or
               obreption
               .
            
          
           
             14
             This
             Decree
             hath
             two
             parts
             ,
             the
             one
             as
             commendable
             as
             the
             other
             .
             The
             first
             speaks
             in
             general
             of
             all
             dispensations
             ,
             and
             tacitly
             by
             necessary
             consequence
             permits
             the
             Pope
             to
             use
             them
             .
             For
             it
             were
             to
             no
             purpose
             to
             provide
             for
             the
             ordering
             of
             them
             ,
             unlesse
             they
             were
             permitted
             .
             Yea
             from
             that
             di●●inction
             which
             is
             made
             of
             them
             ,
             we
             collect
             that
             the
             Pope
             commits
             the
             cognizance
             of
             them
             either
             in
             Rome
             or
             out
             of
             Rome
             ,
             What
             is
             it
             then
             which
             is
             here
             decreed
             ?
             that
             such
             as
             goe
             out
             of
             Rome
             shall
             be
             committed
             to
             the
             Ordinary
             of
             those
             to
             whom
             they
             are
             granted
             .
             Item
             ,
             this
             is
             all
             .
             See
             now
             we
             are
             well
             satisfied
             .
             Of
             all
             those
             so
             many
             kindes
             of
             dispensations
             as
             are
             in
             the
             world
             ,
             an
             order
             was
             taken
             with
             those
             touching
             pluralitie
             of
             benefices
             ,
             touching
             hereditary
             succession
             in
             them
             ,
             and
             touching
             the
             residence
             of
             Prelats
             .
             And
             so
             as
             we
             have
             heard
             concerning
             the
             rest
             .
             This
             is
             the
             law
             ,
             this
             is
             the
             reformation
             .
             So
             that
             provided
             the
             Ordinarie
             lose
             not
             his
             right
             of
             reference
             ,
             all
             the
             world
             must
             rest
             content
             ,
             and
             the
             Pope
             as
             well
             as
             others
             .
             But
             the
             second
             part
             is
             the
             prettiest
             of
             all
             .
             They
             leave
             the
             Pope
             power
             to
             grant
             out
             gracious
             dispensations
             ,
             provided
             that
             hee
             referre
             the
             cognizance
             of
             them
             to
             the
             Bishops
             .
             What
             to
             doe
             ?
             onely
             ,
             as
             his
             Delegates
             ,
             to
             try
             whether
             there
             be
             any
             obreption
             or
             surreption
             in
             them
             ;
             that
             is
             ,
             whether
             his
             Holinesse
             were
             not
             cheated
             by
             false
             information
             .
             For
             in
             this
             case
             he
             may
             give
             way
             to
             the
             impairing
             of
             his
             rights
             .
          
           
             15
             See
             then
             here
             are
             three
             things
             which
             we
             complaine
             of
             .
             First
             ,
             the
             approbation
             of
             gracious
             dispensations
             ;
             and
             the
             power
             of
             granting
             them
             ,
             which
             is
             left
             to
             the
             Pope
             .
             The
             second
             is
             the
             delegation
             which
             he
             must
             make
             unto
             Bishops
             ;
             seeing
             it
             is
             a
             meanes
             to
             draw
             the
             inhabitants
             out
             of
             the
             realme
             ,
             or
             at
             least
             to
             constraine
             them
             ,
             in
             case
             of
             suit
             and
             controversie
             ,
             to
             demand
             some
             other
             delegates
             
               In
               partibus
            
             .
             The
             third
             ,
             that
             these
             Delegates
             may
             not
             judge
             of
             the
             lawfulnesse
             or
             unlawfulnesse
             of
             the
             dispensation
             ,
             but
             onely
             of
             the
             cosenage
             which
             the
             petitioners
             may
             have
             used
             towards
             the
             Pope
             .
             Seeing
             these
             Sirs
             have
             made
             such
             sleight
             enquiry
             into
             the
             meanes
             of
             remedying
             those
             evils
             and
             inconveniences
             which
             arise
             from
             dispensations
             ,
             we
             are
             dispensed
             with
             their
             inordinate
             ordinances
             .
             And
             therefore
             it
             will
             concerne
             us
             to
             stand
             to
             our
             liberties
             ,
             
             by
             virtue
             whereof
             
               the
               Pope
               cannot
               dispense
               ,
               for
               any
               cause
               whatsoever
               ,
               with
               that
               which
               is
               of
               the
               law
               of
               God
               or
               nature
               ;
               or
               with
               that
               wherein
               the
               holy
               Councels
               doe
               not
               allow
               him
               to
               dispense
               .
            
             And
             to
             that
             which
             is
             set
             downe
             in
             this
             point
             by
             the
             Ordinances
             of
             our
             Kings
             ;
             
             which
             expresly
             forbid
             all
             the
             Iudges
             of
             the
             land
             to
             have
             any
             regard
             
               To
               dispensations
               granted
               contrary
               to
               the
               Sacred
               Decrees
               and
               Councels
               ,
               upon
               paine
               of
               losing
               their
               places
               :
            
             and
             declare
             furthermore
             ,
             
               That
               such
               as
               procure
               the
               said
               proviso's
               and
               dispensations
               shall
               not
               make
               use
               of
               them
               ,
               unlesse
               they
               get
               leave
               and
               permission
               from
               his
               Majesty
               .
            
          
        
         
           
           
             CHAP.
             IV.
             Of
             Vnions
             of
             benefices
             .
          
           
             1
             THe
             Councel
             leaves
             the
             Vnions
             of
             the
             benefices
             of
             Popes
             disposall
             ;
             
             at
             least
             such
             as
             are
             perpetuall
             :
             for
             having
             made
             some
             rules
             concerning
             them
             ,
             it
             addes
             this
             clause
             ,
             
               Vnlesse
               it
               be
               otherwise
               declared
               by
               the
               See
               Apostolique
               .
            
             The
             like
             may
             bee
             said
             of
             personall
             Vnions
             ,
             whereof
             the
             Pope
             may
             dispose
             at
             his
             pleasure
             ,
             by
             virtue
             of
             that
             clause
             ,
             
               Saving
               the
               Popes
               authoritie
               in
               what
               concernes
               manners
               and
               Ecclesiasticall
               discipline
               .
            
             So
             then
             hee
             may
             make
             them
             at
             his
             will
             and
             pleasure
             ,
             and
             no
             abuse
             which
             he
             can
             use
             therein
             be
             subject
             to
             censure
             :
             For
             from
             what
             hand
             can
             it
             come
             ?
             In
             the
             meane
             time
             see
             here
             a
             notable
             prejudice
             to
             all
             Christendome
             ,
             and
             which
             continually
             tends
             to
             the
             augmentation
             of
             this
             Papall
             power
             ,
             in
             attributing
             unto
             him
             the
             power
             of
             other
             Bishops
             ,
             to
             the
             end
             that
             all
             may
             depend
             upon
             him
             .
          
           
             2
             In
             the
             Canon
             law
             it
             is
             said
             that
             Bishops
             may
             unite
             Churches
             .
             Seeing
             then
             it
             belongs
             to
             their
             ordinary
             juris●iction
             ,
             
             it
             is
             a
             wrong
             to
             them
             to
             take
             this
             power
             and
             facultie
             from
             them
             ,
             to
             bestow
             it
             upon
             the
             Pope
             .
             To
             whom
             ,
             it
             is
             true
             ,
             so
             much
             honour
             hath
             beene
             yeelded
             in
             France
             ,
             as
             to
             receive
             his
             Bulles
             ,
             whereby
             they
             proceed
             to
             the
             union
             of
             benefices
             ,
             provided
             they
             be
             not
             personall
             ;
             and
             for
             the
             other
             ,
             that
             they
             be
             granted
             after
             full
             cognizance
             of
             the
             cause
             ,
             and
             upon
             very
             just
             and
             lawfull
             reasons
             .
             And
             which
             is
             more
             ,
             it
             is
             not
             sufficient
             that
             those
             causes
             bee
             knowne
             to
             the
             Pope
             alone
             ,
             that
             they
             bee
             declared
             in
             his
             Bulls
             ,
             but
             hee
             is
             bound
             to
             send
             out
             his
             writs
             of
             delegation
             
               In
               partibus
            
             ,
             for
             the
             effecting
             of
             the
             said
             unions
             ,
             with
             cognizance
             of
             the
             cause
             ,
             and
             consent
             of
             the
             Patron
             ,
             and
             such
             as
             are
             any
             way
             interested
             in
             them
             .
             Which
             is
             as
             much
             as
             to
             give
             the
             power
             and
             authoritie
             to
             the
             Bishops
             ,
             reserving
             the
             honour
             to
             the
             Poep
             :
             as
             appeares
             by
             the
             Collection
             of
             the
             liberties
             of
             the
             Gallicane
             Church
             .
             See
             here
             the
             very
             words
             of
             it
             ,
             
               The
               Pope
               cannot
               make
               any
               unions
               or
               annexions
               ,
               of
               the
               livings
               of
               this
               Kingdome
               ,
               during
               the
               life
               of
               the
               Incumbents
               ,
               nor
               at
               other
               times
               :
               but
               he
               may
               grant
               out
               writs
               of
               delegation
               concerning
               unions
               ;
               which
               is
               conceived
               to
               bee
               done
               according
               to
               the
               forme
               prescribed
               in
               the
               Councell
               of
            
             Constance
             ,
             
               and
               not
               otherwise
               :
               and
               this
               with
               the
               consent
               of
               the
               Patron
               ,
               and
               such
               as
               have
               any
               interest
               in
               them
               .
            
          
           
             3
             In
             the
             fortie
             third
             Session
             of
             the
             Councel
             of
             Constance
             ,
             it
             is
             said
             that
             those
             unions
             shall
             be
             void
             which
             are
             not
             made
             ,
             
               ex
               veris
               &
               rationalibus
               causis
            
             ,
             upon
             true
             and
             reasonable
             causes
             .
             This
             is
             the
             forme
             which
             the
             former
             Article
             speaks
             of
             .
             If
             they
             be
             made
             otherwise
             ,
             an
             appeale
             is
             put
             up
             to
             the
             Parliaments
             of
             this
             Kingdome
             to
             stop
             the
             execution
             ;
             who
             have
             ofttimes
             cassed
             and
             disanull'd
             such
             like
             Bulls
             upon
             such
             occasions
             ;
             and
             that
             without
             any
             regard
             of
             the
             lapse
             of
             time
             ,
             or
             any
             other
             prescription
             ;
             as
             appears
             by
             the
             testimony
             of
             our
             common
             Lawyers
             of
             France
             ,
             and
             by
             the
             Arrests
             which
             have
             beene
             granted
             out
             .
             
             So
             by
             an
             Arrest
             of
             Paris
             of
             the
             17
             of
             February
             1547
             ,
             the
             union
             made
             by
             the
             Bulls
             of
             Pope
             Clement
             the
             sixt
             ,
             with
             the
             counsell
             of
             his
             Cardinals
             ,
             and
             a
             Commandery
             of
             St.
             Lazarus
             ,
             and
             another
             Commanderie
             of
             St.
             Iohn
             of
             Ierusalem
             ,
             was
             cassed
             and
             declared
             to
             bee
             void
             ,
             upon
             the
             Appeal
             as
             from
             abuse
             ,
             exhibited
             by
             the
             
             maister
             of
             the
             Order
             of
             St.
             Lazarus
             a
             hundred
             years
             after
             ;
             
             and
             that
             because
             it
             had
             beene
             made
             without
             any
             just
             cause
             .
          
           
             4
             The
             union
             of
             the
             benefice
             of
             St.
             Saviour
             ,
             with
             the
             Church
             of
             St.
             
               German
               Lauxerrois
            
             in
             Paris
             ,
             
             made
             in
             the
             yeare
             1456
             ,
             by
             virtue
             of
             the
             Bulls
             of
             Pope
             Calixt
             the
             third
             ,
             was
             likewise
             disanulled
             by
             an
             Arrest
             of
             the
             Parliament
             of
             Paris
             ,
             of
             the
             first
             of
             Aprill
             1560
             ,
             and
             so
             above
             an
             hundred
             years
             after
             .
             Although
             by
             the
             said
             Bulls
             there
             was
             a
             commission
             
               In
               partibus
            
             ,
             directed
             to
             a
             certaine
             Counsellour
             Clerk
             of
             that
             court
             of
             Parliament
             .
             And
             this
             because
             it
             appeared
             to
             the
             Court
             that
             that
             union
             had
             not
             beene
             grounded
             upon
             any
             sufficiciently
             just
             and
             necessary
             cause
             .
          
           
             5
             Another
             union
             of
             divers
             livings
             ,
             with
             the
             Church
             of
             Tulles
             in
             Limosin
             ,
             made
             by
             virtue
             of
             the
             Bull
             of
             Pope
             Leo
             the
             tenth
             ,
             
             in
             the
             yeare
             1513
             ,
             was
             declared
             to
             be
             abusive
             by
             an
             Arrest
             of
             the
             Court
             of
             Parliament
             of
             Paris
             .
             And
             another
             besides
             ,
             of
             divers
             benefices
             with
             the
             Priorie
             of
             Limoges
             ,
             by
             an
             Arr●st
             of
             the
             grand
             Councell
             ,
             of
             the
             13
             of
             March
             1559.
             
             Pope
             Innocent
             the
             eight
             had
             united
             the
             parish
             Church
             of
             Blonu
             ,
             with
             the
             Chapter
             of
             the
             Cathedrall
             Church
             of
             Limoges
             ,
             by
             his
             Bulls
             of
             the
             19
             of
             March
             1488
             ,
             upon
             very
             colourable
             and
             apparent
             grounds
             ,
             as
             appears
             by
             the
             Bull
             ,
             which
             a
             learned
             person
             of
             our
             times
             hath
             inserted
             in
             his
             works
             entire
             .
             But
             notwithstanding
             all
             his
             faire
             narration
             ,
             it
             was
             anulled
             fourescore
             years
             after
             by
             an
             Arrest
             of
             Paris
             of
             the
             last
             of
             Aprill
             1575
             ,
             upon
             the
             Appeale
             as
             from
             abuse
             ,
             which
             was
             exhibited
             against
             the
             execution
             of
             it
             ,
             for
             defect
             of
             a
             Commission
             upon
             the
             place
             .
          
           
             6
             Another
             Bull
             had
             beene
             granted
             by
             Pope
             Alexander
             the
             sixt
             ,
             in
             the
             year
             1500
             ,
             for
             the
             union
             of
             the
             Parish
             Church
             of
             Doway
             ,
             with
             the
             Chapter
             of
             the
             Cathedrall
             Church
             of
             the
             same
             place
             ,
             which
             is
             quoted
             by
             the
             same
             authour
             .
             But
             the
             Parliament
             of
             Paris
             upon
             the
             Appeale
             as
             from
             abuse
             ,
             exhibited
             by
             the
             Curat
             of
             Doway
             to
             stop
             the
             execution
             of
             it
             ,
             disanulled
             the
             union
             by
             an
             Arrest
             of
             the
             1
             of
             May
             1575
             ,
             because
             there
             wanted
             a
             writ
             for
             a
             Commi●sion
             
               In
               partibus
            
             .
             Divers
             other
             unions
             besides
             have
             beene
             declared
             to
             bee
             abusive
             ,
             
             because
             they
             were
             made
             without
             the
             consent
             of
             the
             Lay
             Patrons
             ;
             and
             the
             Bulls
             have
             beene
             annulled
             as
             well
             by
             the
             Parliaments
             ,
             as
             by
             the
             Grand
             Councell
             .
          
           
             
             7
             Now
             the
             Councell
             of
             Trent
             hath
             derogated
             from
             all
             these
             Arrests
             and
             others
             of
             the
             like
             kind
             :
             first
             ,
             whereas
             abusive
             unions
             may
             be
             disanulled
             without
             any
             regard
             to
             prescription
             or
             tract
             of
             time
             ;
             by
             this
             Councell
             prescription
             of
             fourtie
             years
             is
             approved
             ,
             unlesse
             it
             bee
             in
             case
             the
             Bulls
             were
             obreptitious
             ,
             or
             subreptitious
             ,
             that
             is
             ,
             unlesse
             the
             Pope
             had
             false
             information
             ;
             whereas
             by
             the
             foresaid
             Arrests
             no
             prescription
             is
             considerable
             .
             As
             for
             the
             other
             which
             have
             beene
             made
             within
             fortie
             years
             ,
             it
             is
             said
             indeed
             that
             they
             ought
             not
             to
             be
             valid
             ,
             unlesse
             they
             were
             made
             upon
             just
             cause
             ,
             and
             those
             whom
             it
             concerned
             were
             called
             before
             the
             Ordinarie
             of
             the
             place
             ;
             but
             it
             is
             presently
             added
             ,
             
               Vnlesse
               it
               be
               otherwise
               declared
               by
               the
               See
               Apostolique
               .
            
             
             So
             that
             by
             this
             meanes
             all
             depends
             upon
             the
             Popes
             pleasure
             .
          
        
         
           
           
             CHAP.
             V.
             Of
             the
             residence
             of
             Bishops
             ,
             and
             approbation
             of
             the
             causes
             of
             their
             absence
             .
          
           
             1
             IT
             was
             usefully
             ordained
             by
             this
             Councell
             that
             Bishops
             and
             other
             Prelats
             should
             reside
             upon
             their
             Bishopriques
             and
             prelacies
             :
             
             But
             yet
             when
             all
             comes
             to
             all
             ,
             there
             is
             a
             dash
             with
             the
             pen
             that
             spoiles
             all
             ;
             for
             the
             judgement
             to
             bee
             passed
             upon
             non-residents
             ,
             is
             reserved
             to
             the
             Pope
             .
             It
             is
             he
             too
             that
             must
             dispense
             with
             their
             absence
             ,
             and
             approve
             the
             causes
             of
             it
             .
             
             These
             three
             points
             are
             specified
             in
             the
             Decrees
             of
             the
             Councell
             :
             so
             that
             the
             authoritie
             both
             of
             Metropolitans
             and
             Princes
             is
             devolved
             upon
             the
             Pope
             .
             And
             hee
             that
             considers
             all
             shall
             find
             that
             Kings
             and
             Princes
             suffer
             a
             mightie
             prejudice
             by
             this
             meanes
             .
             They
             shall
             not
             have
             the
             power
             to
             aid
             themselves
             with
             so
             much
             as
             one
             Bishop
             for
             the
             affaires
             of
             their
             State●
             and
             have
             them
             neare
             their
             person
             to
             take
             their
             counsell
             and
             good
             advice
             ,
             unlesse
             the
             Pope
             please
             .
          
           
             2
             This
             is
             not
             all
             .
             The
             Popes
             will
             take
             order
             well
             enough
             ,
             that
             there
             bee
             ever
             some
             to
             depend
             upon
             them
             ,
             and
             such
             as
             may
             bee
             their
             creatures
             ;
             so
             that
             as
             many
             Bishops
             as
             are
             neare
             to
             Princes
             ,
             so
             many
             enemies
             to
             them
             .
             They
             will
             bestow
             whom
             they
             thinke
             fit
             in
             other
             places
             ,
             to
             contrive
             plots
             and
             projects
             ;
             get
             them
             to
             Rome
             ,
             to
             make
             their
             abode
             there
             so
             long
             as
             their
             busines
             requires
             ;
             traverse
             the
             Provinces
             ;
             reside
             where
             they
             shall
             thinke
             expedient
             .
             
             And
             in
             case
             that
             either
             upon
             the
             Princes
             command
             ,
             or
             upon
             any
             other
             occasion
             ,
             one
             of
             these
             Bishops
             shall
             venture
             to
             absent
             himselfe
             ,
             by
             virtue
             of
             this
             Councell
             the
             Popes
             shall
             have
             power
             to
             deprive
             him
             of
             his
             Bishoprique
             ,
             and
             put
             another
             in
             his
             place
             ;
             for
             that
             is
             said
             in
             expresse
             termes
             .
          
           
             3
             By
             the
             lawes
             of
             the
             ancient
             Emperours
             ,
             a
             Bishop
             might
             not
             absent
             himselfe
             from
             his
             Bishoprique
             ,
             without
             the
             leave
             of
             his
             Metropolitan
             ,
             or
             the
             command
             of
             his
             Prince
             .
             Iustinian
             decrees
             thus
             ,
             
             
               Wee
               forbid
               Bishops
               to
               leave
               their
               owne
               Churches
               and
               goe
               into
               other
               Provinces
               .
               But
               if
               so
               bee
               there
               bee
               any
               necessitie
               of
               so
               doing
               ,
               they
               shall
               not
               goe
               without
               the
               Patriarch
               or
               Metropolitans
               letters
               ,
               or
               without
               the
               command
               of
               the
               Emperour
               .
            
          
           
             4
             Our
             Kings
             of
             France
             have
             alwaies
             reserved
             this
             authoritie
             and
             prerogative
             unto
             themselves
             ,
             to
             determine
             of
             the
             residence
             of
             Bishops
             ;
             to
             compell
             ,
             or
             cause
             them
             to
             bee
             compel'd
             by
             their
             officers
             ,
             to
             feed
             their
             flocks
             ,
             and
             wait
             upon
             their
             Churches
             when
             need
             required
             ;
             and
             that
             by
             seasing
             upon
             their
             temporals
             :
             to
             call
             them
             from
             Rome
             ,
             to
             returne
             into
             France
             :
             to
             dispense
             with
             them
             and
             approve
             the
             causes
             of
             their
             absence
             .
             We
             will
             quote
             some
             passages
             to
             thi●
             purpose
             .
          
           
             5
             Lewes
             the
             eleventh
             in
             an
             Ordinance
             of
             the
             eight
             of
             Ianuary
             1475
             ,
             makes
             this
             narration
             .
             
             
               When
               any
               questions
               or
               differences
               come
               upon
               us
               ,
               as
               well
               concerning
               the
               state
               of
               the
               Church
               of
               our
               Kingdome
               ,
               as
               other
               our
               affaires
               ,
               we
               that
               ought
               to
               have
               recourse
               to
               them
               ,
               cannot
               be
               assisted
               ,
               aided
               ,
               or
               advised
               therein
               by
               reason
               of
               their
               absence
               ,
               where
               wee
               and
               the
               Common
               wealth
               are
               ofttimes
               much
               interessed
               .
            
             Then
             after
             he
             ordaines
             in
             this
             manner
             ;
             
               Wee
               will
               ,
               ordaine
               ,
               and
               declare
               by
               these
               presents
               ,
               that
               all
               Archbishops
               ,
               Bishops
               ,
               Abbats
               ,
               Prelats
               ,
               and
               others
               ,
               that
               hold
               
               any
               dignities
               within
               our
               Kingdome
               ,
               
               and
               do
               dwell
               and
               reside
               out
               of
               the
               bounds
               and
               limits
               thereof
               ,
               and
               out
               of
               our
               obedience
               ,
               doe
               repaire
               and
               returne
               within
               five
               moneths
               after
               the
               publication
               of
               these
               presents
               ,
               unto
               their
               benefices
               within
               our
               said
               realme
               ,
               or
               unto
               some
               one
               of
               them
               if
               they
               have
               any
               more
               ;
               and
               there
               make
               continuall
               residence
               ,
               there
               to
               celebrate
               and
               continue
               divine
               service
               ,
               as
               belongs
               unto
               them
               ,
               and
               as
               they
               are
               bound
               to
               doe
               .
               As
               also
               to
               the
               end
               that
               they
               may
               serve
               and
               assist
               us
               in
               our
               Councels
               and
               otherwise
               ,
               to
               the
               behoofe
               of
               us
               and
               the
               Common
               wealth
               of
               our
               said
               Kingdome
               when
               need
               shall
               be
               .
               And
               this
               upon
               paine
               of
               being
               deprived
               of
               the
               temporals
               of
               their
               said
               benefices
               .
            
          
           
             6
             Henry
             the
             second
             in
             an
             Ordinance
             of
             the
             first
             of
             May
             1557
             ,
             directed
             to
             the
             Court
             of
             Parliament
             of
             Paris
             .
             
             
               Wee
               command
               ,
               charge
               ,
               and
               enjoyne
               you
               by
               these
               presents
               ,
               that
               in
               our
               name
               you
               enjoyne
               all
               Archbishops
               Bishops
               ,
               Prelats
               ,
               Curats
               ,
               and
               others
               that
               have
               cure
               of
               soules
               within
               our
               jurisdiction
               ,
               to
               retire
               every
               one
               to
               his
               Archbishoprique
               ,
               Bishoprique
               ,
               Cures
               ,
               and
               other
               livings
               ,
               and
               to
               make
               personall
               residence
               upon
               them
               ,
               and
               to
               preach
               and
               declare
               ,
               or
               cause
               to
               be
               preached
               and
               declared
               the
               word
               of
               God
               ,
               &c.
               
               And
               where
               they
               shall
               refuse
               so
               to
               doe
               ,
               that
               you
               cause
               the
               fruits
               ,
               profits
               ,
               and
               emoluments
               of
               the
               said
               Benefices
               to
               be
               distrained
               and
               seised
               into
               our
               hands
               .
            
             
          
           
             7
             Charles
             the
             ninth
             by
             his
             Ordinance
             of
             the
             first
             of
             Aprill
             1560
             ,
             ordained
             the
             very
             same
             thing
             ,
             both
             for
             residence
             and
             for
             the
             disseisin
             of
             temporals
             ,
             but
             with
             this
             exception
             :
             
               Saving
               and
               excepting
               the
               Archbishops
               and
               Bishops
               that
               are
               of
               our
               Privy
               Counsell
               ,
               and
               others
               imployed
               in
               our
               service
               out
               of
               the
               Realme
               for
               the
               weale
               publique
               thereof
               ,
               during
               the
               time
               that
               wee
               shall
               make
               use
               of
               them
               :
               whereof
               our
               Bailifs
               and
               Stewards
               or
               their
               Lieutenants
               of
               that
               jurisdiction
               where
               the
               said
               Archbishopriques
               and
               Bishopriques
               doe
               lye
               ,
               shall
               give
               us
               notice
               presently
               after
               .
            
             The
             same
             Prince
             in
             the
             fift
             Article
             of
             the
             Ordinance
             of
             Orleans
             doth
             enact
             ,
             concerning
             Archbishops
             ,
             Bishops
             ,
             Abbats
             and
             Curats
             ,
             that
             have
             many
             benefices
             ,
             
             
               That
               residing
               upon
               one
               of
               their
               benefices
               ,
               and
               doing
               actuall
               service
               there
               ,
               whereof
               they
               shall
               make
               good
               proofe
               ,
               they
               shall
               be
               excused
               from
               residing
               upon
               their
               other
               livings
               .
            
          
           
             8
             But
             see
             here
             a
             thing
             to
             be
             observed
             !
             namely●
             that
             the
             States
             of
             Blois
             holden
             in
             the
             yeare
             1579
             ,
             knowing
             the
             prejudice
             which
             this
             Councell
             had
             done
             to
             the
             liberties
             of
             France
             in
             this
             regard
             ,
             thought
             it
             reasonable
             to
             provide
             otherwise
             for
             the
             approving
             of
             the
             causes
             of
             non-residence
             than
             it
             had
             set
             downe
             .
             For
             it
             is
             enacted
             in
             the
             fourteenth
             Article
             of
             the
             Ordinance
             made
             by
             King
             Henry
             the
             third
             ,
             upon
             the
             complaint
             of
             the
             said
             States
             ,
             
             
               That
               all
               Archbishops
               and
               Bishops
               shall
               be
               bound
               to
               reside
               upon
               their
               Churches
               and
               Diocesses
               ,
               and
               according
               to
               their
               ability
               to
               discharge
               their
               duties
               in
               person
               .
               From
               which
               residence
               they
               shall
               not
               be
               excused
               but
               upon
               just
               and
               reasonable
               causes
               ,
               approved
               by
               law
               ,
               and
               such
               as
               shall
               be
               certified
               by
               the
               Metropolitan
               or
               senior
               Bishop
               of
               the
               province
               .
               Otherwise
               if
               this
               be
               not
               done
               ,
               besides
               the
               penalties
               ordained
               by
               Councels
               ,
               they
               shall
               be
               deprived
               of
               all
               the
               fruits
               issuing
               in
               the
               time
               of
               their
               absence
               .
               Which
               shall
               be
               seised
               and
               taken
               into
               our
               hands
               ,
               to
               be
               imployed
               in
               the
               reparation
               of
               ruinous
               Churches
               ,
               almes
               to
               the
               poore
               of
               the
               places
               ,
               and
               other
               charitable
               uses
               .
            
             By
             this
             Ordinance
             the
             Metropolitan
             gives
             the
             certification
             ,
             and
             the
             Kings
             officers
             the
             judgement
             in
             causes
             of
             absence
             ,
             without
             reserving
             any
             thing
             to
             the
             Pope
             .
             Nor
             is
             this
             law
             peculiar
             to
             our
             Kings
             ,
             but
             common
             to
             them
             with
             all
             other
             Princes
             ,
             as
             it
             shall
             appeare
             by
             what
             we
             shall
             speake
             of
             it
             in
             another
             place
             .
          
        
         
           
           
             CHAP.
             VI.
             Of
             the
             frequency
             of
             Councels
             .
          
           
             1
             IT
             is
             a
             great
             advantage
             which
             the
             Pope
             hath
             got
             ,
             
             that
             there
             must
             bee
             no
             more
             Generall
             Councels
             but
             when
             hee
             pleaseth
             .
             For
             loe
             here
             the
             Decree
             of
             our
             Councell
             !
             
             
               If
               it
               chance
               that
               there
               bee
               any
               things
               (
               which
               it
               thinkes
               there
               are
               not
               )
               that
               require
               further
               declaratiō
               or
               determinatiō
               ,
               besides
               other
               remedies
               appointed
               in
               this
               Coūcel
               ,
               the
               holy
               Synod
               trusts
               that
               the
               most
               blessed
               Bishop
               of
            
             Rome
             ,
             
               either
               by
               calling
               forth
               those
               whom
               he
               shall
               think
               most
               fit
               to
               treat
               about
               such
               a
               businesse
               ,
               out
               of
               those
               Provinces
               especially
               where
               such
               difficultie
               shall
               arise
               ,
               or
               by
               the
               celebration
               of
               a
               Generall
               Councell
               ,
               if
               he
               thinke
               it
               needfull
               ,
               or
               by
               any
               other
               more
               commodious
               way
               as
               he
               shall
               think
               good
               ,
               will
               take
               care
               that
               the
               necessities
               of
               the
               Provinces
               be
               provided
               for
               ,
               for
               Gods
               glory
               and
               the
               Churches
               peace
               ,
            
          
           
             2
             This
             is
             all
             one
             as
             to
             make
             the
             Pope
             past
             breeching
             ,
             past
             tutoring
             and
             correction
             :
             to
             take
             away
             that
             frequent
             celebration
             of
             Cou●●els
             ,
             and
             leave
             the
             convocation
             of
             them
             to
             their
             courtesie
             is
             as
             much
             to
             give
             the
             rod
             wherewith
             the
             master
             hath
             whipt
             him
             ,
             into
             the
             Schollers
             hand
             ,
             to
             doe
             what
             he
             please
             with
             it
             .
             The
             Popes
             when
             they
             were
             monstrously
             debauched
             in
             a
             monstrous
             fashion
             ,
             and
             given
             over
             to
             all
             manner
             of
             vices
             ,
             abominations
             ,
             and
             impieties
             ,
             were
             curb'd
             and
             brought
             under
             to
             some
             discipline
             by
             the
             Councels
             of
             
               Pisa
               ,
               Constance
               ,
               Siena
               ,
               Basil
               ,
               Lausanne
               ,
            
             and
             the
             second
             of
             Pisa.
             Where
             many
             of
             their
             Popes
             were
             deposed
             :
             where
             many
             good
             rules
             were
             made
             for
             the
             holding
             of
             Councels
             ,
             tending
             principally
             to
             the
             reformation
             of
             the
             abuses
             of
             the
             Pope
             and
             Court
             of
             Rome
             :
             where
             it
             was
             religiously
             ordained
             that
             Generall
             Councels
             should
             be
             called
             and
             celebrated
             every
             ten
             yeares
             :
             and
             that
             in
             such
             sort
             as
             the
             Popes
             might
             not
             prolong
             the
             terme
             ,
             but
             might
             abridge
             it
             if
             need
             required
             .
             See
             here
             the
             very
             words
             of
             the
             Decree
             of
             the
             Councell
             of
             Constance
             .
             
             
               We
               ordaine
               and
               decree
               by
               this
               perpetuall
               Edict
               ,
               that
               from
               this
               time
               forwards
               Generall
               Councels
               shall
               bee
               holden
               in
               this
               manner
               .
               The
               first
               that
               shall
               be
               held
               after
               this
               shall
               be
               within
               five
               yeares
               next
               following
               ,
               and
               the
               next
               after
               that
               within
               seven
               yeares
               immediately
               ,
               reckoning
               from
               the
               end
               of
               the
               former
               ;
               and
               alwayes
               after
               from
               ten
               yeares
               to
               ten
               yeares
               for
               ever
               .
            
             And
             afterwards
             .
             
               Which
               terme
               the
               supreme
               Bishop
               may
               abridge
               upon
               some
               occasions
               which
               may
               come
               to
               passe
               ,
               with
               the
               advice
               of
               his
               brethren
               the
               Cardinals
               of
               the
               holy
               Church
               of
               Rome
               ,
               but
               he
               may
               not
               protract
               it
               in
               any
               wise
               .
            
          
           
             3
             This
             same
             Decree
             is
             set
             downe
             word
             for
             word
             in
             the
             first
             Session
             of
             the
             Councell
             of
             Basil
             ,
             and
             confirmed
             by
             it
             .
             
             And
             in
             the
             eleventh
             Session
             is
             added
             this
             exposition
             of
             it
             .
             
               This
               holy
               Synod
               doth
               further
               declare
               that
               these
               words
               of
               the
               Decree
               (
               That
               it
               cannot
               be
               prolonged
               in
               any
               wise
               )
               ought
               to
               bee
               understood
               by
               way
               of
               forbiddance
               or
               prohibition
               ,
               in
               such
               sort
               as
               it
               cannot
               bee
               prolonged
               even
               by
               the
               Pope
               himselfe
               .
            
             It
             is
             the
             third
             time
             repeated
             and
             confirm'd
             in
             the
             sixteenth
             Session
             .
             
             These
             same
             Decrees
             of
             these
             two
             Councels
             are
             transcribed
             word
             for
             word
             into
             the
             second
             of
             Pisa
             at
             the
             beginning
             ,
             and
             confirmed
             by
             it
             .
             Antiquity
             
             shewes
             us
             plainly
             that
             after
             the
             Christians
             were
             at
             liberty
             ,
             Generall
             Councels
             were
             very
             frequent
             .
             
          
           
             
             4
             The
             fruit
             that
             springs
             from
             the
             frequency
             of
             these
             Councels
             is
             recommended
             unto
             us
             by
             the
             Decrees
             above-mentioned
             ,
             where
             it
             is
             said
             ,
             
               that
               it
               is
               the
               principall
               tillage
               of
               the
               Lords
               field
               :
               that
               it
               extirpates
               heresies
               ,
               schismes
               ,
               errours
               :
               corrects
               excesses
               :
               reformes
               what
               is
               amisse
               :
               makes
               the
               vineyard
               of
               the
               Lord
               fertile
               .
            
             Whereas
             the
             cessation
             of
             them
             on
             the
             other
             side
             produceth
             quite
             contrary
             effects
             ;
             as
             it
             is
             there
             delivered
             ,
             with
             this
             addition
             ,
             
               That
               the
               memory
               of
               times
               past
               ,
               and
               the
               consideration
               of
               the
               present
               ,
               made
               them
               eye-witnesses
               of
               it
               .
            
             Whereunto
             we
             will
             adde
             the
             testimony
             of
             Mr.
             
               Iohn
               Gerson
            
             .
             
             
               There
               never
               was
               heretofore
               ,
               nor
               ever
               will
               bee
               hereafter
               a
               more
               pernicious
               plague
               in
               the
               Church
               ,
               than
               the
               omission
               of
               Generall
               Councels
               ,
               whether
               in
               the
               matter
               or
               in
               the
               authority
               .
            
             And
             in
             another
             place
             .
             
             
               If
               so
               great
               and
               such
               enormous
               dangers
               have
               befalne
               the
               Church
               of
               God
               ,
               since
               the
               celebration
               of
               Generall
               Councels
               hath
               beene
               intermitted
               ,
               it
               is
               easie
               to
               see
               how
               usefull
               and
               commodious
               the
               frequent
               celebration
               of
               them
               would
               be
               .
            
          
           
             5
             He
             is
             a
             very
             novice
             in
             the
             history
             of
             later
             times
             ,
             which
             knowes
             not
             the
             shifts
             and
             evasions
             which
             the
             Popes
             have
             used
             about
             the
             holding
             of
             Generall
             Councels
             ,
             even
             after
             they
             have
             by
             solemne
             oaths
             bound
             themselves
             to
             hold
             them
             ;
             and
             the
             wiles
             they
             have
             used
             to
             disanull
             and
             dissolve
             them
             ;
             the
             bickerings
             and
             disputes
             they
             have
             had
             with
             Councels
             themselves
             about
             that
             matter
             ;
             whereof
             we
             make
             mention
             in
             divers
             parts
             of
             this
             discourse
             .
             The
             same
             Gerson
             witnesseth
             as
             much
             ,
             in
             saying
             that
             the
             Popes
             abuse
             the
             plenitude
             of
             their
             power
             ,
             in
             
               that
               they
               will
               not
               celebrate
               Generall
               Councels
               .
            
          
           
             6
             Everard
             Bishop
             of
             Salisburg
             in
             an
             Imperiall
             Diet
             of
             Germany
             holden
             about
             two
             hundred
             ●●ares
             agoe
             ,
             speakes
             thus
             of
             this
             matter
             .
             
             
               He
               that
               is
               the
               servant
               of
               servants
               desires
               to
               be
               the
               Lord
               of
               Lords
               ,
               as
               if
               he
               were
               a
               God
               :
               hee
               sleights
               sacred
               assemblies
               ,
               and
               the
               advice
               of
               his
               brethren
               ,
               yea
               of
               his
               masters
               :
               he
               is
               afraid
               lest
               he
               should
               be
               constrain'd
               to
               give
               account
               of
               those
               things
               which
               he
               commits
               dayly
               more
               and
               more
               against
               the
               lawes
               .
            
          
           
             
             7
             Zabarel
             Cardinall
             of
             Florence
             ,
             who
             writ
             a
             little
             before
             the
             Councell
             of
             Pisa
             ,
             saith
             :
             
               The
               ancient
               custome
               was
               that
               all
               difficult
               cases
               should
               bee
               determined
               by
               a
               Councell
               ,
               the
               convocation
               whereof
               was
               frequent
               .
               But
               in
               after
               times
               certain
               Popes
               ,
               that
               have
               governed
               the
               Church
               rather
               like
               earthly
               Princes
               than
               like
               Apostles
               ,
               never
               tooke
               any
               great
               care
               to
               call
               them
               .
               From
               which
               neglect
               hath
               sprung
               much
               mischiefe
               .
            
          
           
             8
             
               Iacobus
               de
               Paradiso
            
             saith
             ,
             
             
               They
               tremble
               to
               heare
               any
               man
               speake
               of
               the
               calling
               of
               a
               Generall
               Councell
               :
               knowing
               by
               experience
               that
               Councels
               doe
               not
               deale
               gently
               ,
               but
               correct
               and
               amend
               without
               respect
               of
               persons
               .
            
             And
             indeed
             the
             Emperours
             and
             Princes
             ,
             who
             in
             these
             later
             times
             had
             quite
             let
             goe
             the
             reines
             of
             Ecclesiasticall
             discipline
             ,
             through
             ignorance
             of
             their
             right
             ,
             were
             forced
             to
             resume
             their
             authority
             ,
             and
             proceed
             to
             the
             convocation
             of
             Councels
             against
             the
             Popes
             will.
             
          
           
             9
             So
             that
             it
             is
             but
             a
             cheating
             of
             Christendome
             above
             board
             to
             leave
             the
             judgement
             of
             the
             necessity
             of
             Generall
             Councels
             to
             the
             Popes
             will
             and
             pleasure
             ;
             abolishing
             by
             this
             meanes
             the
             good
             order
             established
             by
             the
             Councels
             aforesaid
             ,
             which
             was
             received
             and
             confirm'd
             by
             our
             Pragmatique
             Sanction
             ;
             where
             the
             said
             Decrees
             are
             transcribed
             word
             for
             word
             .
             Which
             gave
             occasion
             to
             King
             Charles
             the
             ninth
             to
             require
             by
             his
             Ambassadours
             at
             Trent
             the
             celebration
             of
             Generall
             Councels
             every
             ten
             yeares
             ,
             as
             appeares
             by
             his
             demands●
             to
             which
             no
             regard
             was
             had
             ,
             because
             this
             intrencht
             upon
             the
             Popes
             authority
             ,
             who
             by
             this
             kinde
             of
             suppression
             of
             Generall
             Councels
             hookes
             all
             the
             power
             of
             them
             unto
             himselfe
             .
          
        
         
           
           
             CHAP.
             VII
             .
             Of
             the
             Iesuites
             .
          
           
             1
             THe
             Order
             of
             Iesuits
             ,
             instituted
             by
             the
             two
             Popes
             Paul
             and
             Iulius
             the
             third
             ,
             
             the
             authours
             of
             this
             Councell
             ,
             is
             confirm'd
             and
             authorized
             by
             the
             Councell
             it selfe
             :
             which
             tends
             wholly
             to
             the
             exaltation
             of
             their
             authoritie
             ,
             and
             strengthening
             of
             their
             power
             ;
             as
             shall
             appeare
             by
             such
             reasons
             as
             wee
             shall
             urge
             ,
             taken
             out
             of
             their
             owne
             writings
             .
             The
             maine
             vow
             whereunto
             they
             are
             bound
             by
             their
             institution
             is
             that
             of
             obedience
             .
             Heark
             what
             Loiola
             their
             founder
             saith
             of
             it
             in
             a
             letter
             of
             his
             which
             hee
             writ
             in
             Italian
             to
             the
             Fathers
             of
             
               Portugal
               ;
               Wee
               easily
               endure
               to
               bee
               outdone
               by
               all
               other
               Orders
               ,
               in
               fastings
               ,
               watchings
               ,
               and
               other
               hardnesses
               ,
               which
               they
               use
               in
               a
               holy
               manner
               ,
               according
               to
               their
               institution
               :
               but
               in
               puritie
               and
               perfection
               of
               obedience
               ,
               I
               earnestly
               desire
               that
               you
               would
               surpasse
               all
               the
               rest
               ;
               with
               a
               true
               resignation
               of
               your
               owne
               will
               ,
               and
               a
               denyall
               of
               your
               owne
               judgement
               .
            
             Now
             this
             vow
             looks
             full
             upon
             the
             Pope
             ,
             to
             whom
             they
             commit
             themselves
             both
             soule
             and
             bodie
             ,
             to
             bee
             no
             more
             their
             owne
             ;
             not
             to
             beleeve
             their
             owne
             sense
             ,
             their
             judgement
             ,
             their
             understanding
             ,
             their
             prudence
             ,
             and
             counsell
             :
             but
             to
             dispose
             of
             ,
             and
             submit
             themselves
             totally
             to
             him
             ,
             to
             goe
             ,
             come
             ,
             doe
             ,
             say
             ,
             execute
             upon
             all
             and
             against
             all
             ,
             whatsoever
             hee
             shall
             command
             them
             .
             The
             forme
             of
             their
             vow
             ,
             which
             I
             am
             about
             to
             insert
             ,
             shall
             serve
             for
             proofe
             of
             my
             assertion
             .
          
           
             2
             
               As
               many
               as
               shall
               make
               profession
               in
               this
               Societie●
            
             
             
               let
               them
               not
               only
               know
               before
               they
               make
               it
               ,
               but
               remember
               as
               long
               as
               they
               live
               ,
               that
               all
               this
               Societie
               in
               generall
               ,
               and
               more
               particularly
               those
               that
               are
               professed
               in
               it
               ,
               serve
               God
               under
               a
               faithfull
               obedience
               to
               the
               most
               holy
               Father
               Pope
            
             Paul
             
               the
               third
               ,
               and
               other
               Popes
               of
            
             Rome
             
               his
               successours
               .
               And
               although
               we
               bee
               taught
               by
               the
               Gospel
               ,
               and
               doe
               know
               by
               the
               Orthodox
               faith
               ,
               and
               firmely
               hold
               that
               all
               the
               faithfull
               people
               of
               Christ
               are
               subject
               to
               the
               Pope
               of
            
             Rome
             ,
             
               as
               to
               the
               head
               and
               Vicar
               of
            
             Iesus
             Christ
             :
             
               yet
               notwithstanding
               for
               the
               greater
               devotion
               to
               the
               obedience
               of
               the
               See
               Apostolique
               ,
               and
               the
               greater
               denyall
               of
               our
               owne
               wils
               ,
               and
               the
               more
               certaine
               direction
               of
               the
               Holy
               Ghost
               ;
               wee
               have
               judged
               that
               it
               would
               bee
               very
               commodious
               that
               every
               one
               of
               us
               ,
               and
               all
               those
               that
               shall
               hereafter
               follow
               the
               same
               profession
               ,
               besides
               the
               common
               tye
               of
               the
               three
               ordinary
               vowes
               ,
               bee
               bound
               hereunto
               by
               a
               more
               speciall
               vow
               ;
               to
               wit
               ,
               that
               whatsoever
               the
               present
               Pope
               ,
               and
               all
               others
               hereafter
               for
               the
               time
               being
               shall
               command
               ,
               for
               the
               good
               of
               soules
               ,
               and
               the
               propagation
               of
               the
               faith
               ,
               into
               what
               countrey
               soever
               they
               shall
               please
               to
               send
               us
               ,
               that
               we
               be
               bound
               to
               performe
               their
               pleasure
               immediatelie
               ,
               without
               any
               tergiversation
               or
               excuse
               ,
               for
               as
               much
               as
               lyes
               in
               our
               power
               :
               whether
               they
               bee
               aminded
               to
               send
               us
               amongst
               the
            
             Turks
             ,
             
               or
               other
               infidels
               whatsoever
               ,
               yea
               though
               it
               bee
               even
               unto
               those
               that
               are
               called
            
             Indians
             :
             
               or
               among
               heretiques
               and
               schismatiques
               whosoever
               they
               bee
               ,
               or
               among
               Christians
               .
            
             Now
             these
             missions
             and
             delegations
             must
             depend
             upon
             the
             Pope
             alone
             ,
             and
             next
             to
             him
             upo●
             their
             Generall
             .
             
             
               And
               to
               the
               end
               that
               no
               ambition
               nor
               refusall
               may
               take
               place
               amongst
               us
               by
               occasion
               of
               these
               deputations
               ,
               and
               elections
               of
               Provinces
               ,
               let
               
               every
               one
               know
               that
               hee
               need
               not
               trouble
               either
               himselfe
               or
               others
               about
               it
               ,
               nor
               take
               thought
               for
               it
            
             ;
             
             
               inasmuch
               as
               all
               the
               ●are
               thereof
               must
               bee
               left
               to
               God
               and
               the
               P●pe
               ,
               as
               his
               Vicar
               ,
               and
               to
               the
               Generall
               of
               the
               Societie
               .
            
          
           
             3
             Being
             obliged
             unto
             the
             Pope
             by
             such
             a
             vow
             as
             this
             ,
             they
             are
             bound
             to
             doe
             whatsoever
             he
             shall
             command
             them
             .
             And
             albeit
             their
             sense
             and
             reason
             should
             dictate
             unto
             them
             that
             his
             command
             is
             injust
             ,
             they
             are
             bound
             not
             to
             beleeve
             them
             ,
             but
             to
             referre
             themselves
             wholly
             to
             him
             .
             Nay
             there
             is
             yet
             more
             ;
             that
             is
             ,
             that
             it
             is
             not
             lawfull
             for
             them
             to
             imagine
             that
             any
             errour
             or
             impietie
             or
             injustice
             can
             come
             from
             the
             Pope
             ;
             but
             all
             religion
             ,
             zeal
             ,
             devotion
             ,
             equitie
             ,
             and
             truth
             .
             Behold
             their
             maximes
             !
             
             
               That
               the
               Pope
               cannot
               erre
               in
               matters
               of
               faith
               ;
               nor
               in
               precepts
               of
               manners
               which
               are
               commanded
               to
               the
               whole
               Church
               ,
               and
               which
               consist
               in
               things
               necessary
               to
               salvation
               ,
               or
               such
               as
               are
               of
               themselves
               good
               or
               bad
               .
            
             Item
             ,
             
               that
               it
               is
               probable
               and
               may
               be
               piously
               beleeved
               ,
               that
               the
               Pope
               cannot
               erre
               a●
               Pope
               ;
               yea
               and
               that
               as
               a
               particular
               person
               he
               cannot
               be
               a
               heretique
               ,
               by
               beleeveing
               with
               obstinacie
               any
               errour
               against
               the
               faith
               .
            
             See
             yet
             a
             third
             ,
             
             
               If
               any
               man
               examine
               the
               doctrine
               of
               the
               Pope
               by
               the
               rule
               of
               Gods
               Word
               ,
               and
               seeing
               that
               it
               is
               different
               ,
               chance
               to
               contradict
               it
               ,
               let
               him
               bee
               rooted
               out
               with
               fire
               and
               sword
               .
            
             Afterwards
             they
             make
             a
             particular
             enquirie
             into
             the
             life
             and
             doctrine
             of
             all
             the
             Popes
             that
             ever
             lived
             ;
             
             and
             maintaine
             that
             not
             one
             amongst
             them
             ever
             erred
             ,
             that
             they
             were
             all
             holy
             and
             honest
             men
             .
             Besides
             ,
             it
             is
             said
             in
             the
             Articles
             of
             their
             institution
             ,
             confirmed
             by
             the
             Popes
             Bulls
             and
             inserted
             in
             them
             ,
             that
             they
             are
             bound
             to
             acknowledge
             
               Christum
               velut
               praesentem
            
             ,
             (
             Christ
             as
             present
             )
             not
             onelie
             in
             the
             person
             of
             the
             Pope
             ,
             but
             also
             of
             their
             Generall
             .
          
           
             4
             Let
             any
             man
             of
             sound
             judgement
             judge
             now
             if
             they
             can
             deny
             it
             ,
             whether
             their
             soules
             be
             their
             owne
             ;
             whether
             they
             can
             avoid
             the
             Popes
             injunctions
             and
             commands
             ,
             or
             excuse
             themselves
             from
             them
             in
             any
             wise
             ;
             whether
             they
             can
             presume
             that
             hee
             will
             cast
             them
             upon
             sinne
             ,
             though
             the
             thing
             hee
             command
             them
             be
             a
             crime
             or
             offence
             .
             Whence
             we
             must
             necessarilie
             conclude
             ,
             that
             if
             the
             Pope
             be
             an
             honest
             &
             peaceable
             man
             ,
             such
             a
             one
             as
             Clement
             the
             eight
             now
             reigning
             ,
             to
             whom
             France
             is
             so
             much
             obliged
             ,
             is
             supposed
             to
             be
             ,
             they
             will
             bee
             so
             too
             .
             So
             it
             is
             seene
             in
             effect
             that
             at
             this
             day
             there
             are
             some
             doves
             ,
             some
             maidens
             ,
             some
             sheepe
             :
             that
             they
             help
             to
             establish
             the
             edict
             of
             pacification
             ,
             that
             they
             peaceablie
             converse
             with
             those
             whom
             they
             account
             to
             bee
             heretiques
             :
             t●at
             they
             admit
             their
             children
             into
             their
             Colledges
             ,
             with
             protestation
             to
             leave
             them
             to
             the
             liberty
             of
             their
             consciences
             .
             But
             on
             the
             contrarie
             ,
             if
             a
             Boniface
             the
             eighth
             ,
             a
             Benedict
             the
             thirteenth
             ,
             a
             Iulius
             the
             second
             ,
             a
             Gregorie
             the
             fourteenth
             ,
             or
             a
             Sixtus
             the
             fifth
             should
             bee
             alive
             againe
             .
             What
             should
             become
             of
             France
             that
             hath
             so
             many
             Ianizaries
             or
             emissaries
             upon
             her
             hands
             ,
             so
             many
             enemies
             within
             her
             bosome
             ,
             so
             many
             wormes
             within
             her
             bowels
             ,
             which
             gnaw
             her
             within
             ,
             and
             teare
             in
             pieces
             her
             noblest
             members
             ?
             Can
             the
             Prince
             live
             secure
             if
             that
             saying
             of
             an
             ancient
             be
             true
             ,
             that
             he
             which
             cares
             not
             for
             his
             owne
             life
             is
             the
             maister
             of
             another
             mans
             ?
             Can
             hee
             escape
             a
             dismall
             blow
             ,
             having
             in
             all
             parts
             of
             his
             Kingdome
             some
             persons
             that
             upon
             the
             least
             whistle
             will
             run
             some
             to
             their
             knives
             ,
             some
             to
             their
             swords
             ?
             which
             will
             arme
             themselves
             with
             fraud
             ,
             and
             treacherie
             ,
             and
             perfidiousnesse
             ?
             which
             will
             make
             underhand
             plots
             and
             projects
             ?
             which
             will
             seduce
             his
             subjects
             ,
             and
             draw
             them
             from
             his
             obedience
             ?
             will
             pronounce
             him
             a
             tyrant
             ,
             an
             heretique
             ,
             a
             schismatique
             ,
             how
             good
             ,
             how
             religious
             ,
             how
             Catholique
             soever
             hee
             bee
             ?
             Let
             not
             my
             words
             bee
             credited
             ,
             but
             the
             examples
             which
             have
             beene
             seene
             of
             it
             :
             let
             a
             man
             fancie
             to
             himself
             France
             all
             covered
             with
             bloud
             ,
             and
             fire
             ,
             and
             flames
             ;
             let
             him
             remember
             how
             the
             Popes
             opened
             the
             veine
             ,
             how
             they
             lighted
             the
             candle
             ,
             how
             they
             sung
             the
             
               Te
               Deum
            
             at
             the
             murther
             of
             our
             Kings
             :
             how
             they
             would
             have
             turn'd
             our
             state
             tops●e
             turvie
             ;
             that
             they
             gave
             the
             greatest
             blowes
             to
             it
             :
             that
             the
             champions
             we
             speake
             of
             did
             wonders
             there
             and
             made
             their
             names
             immortall
             .
          
           
           
             5
             Great
             Prince
             ,
             
             your
             Majesty
             needs
             not
             feare
             any
             of
             this
             ,
             being
             protected
             by
             the
             particular
             care
             and
             extraordinary
             favour
             of
             God
             ,
             which
             overshadowes
             it
             ,
             and
             makes
             it
             redoubtable
             to
             all
             your
             enemies
             ,
             for
             your
             valour
             ,
             your
             power
             ,
             and
             your
             trophees
             ,
             being
             cherished
             by
             a
             Clement
             truly
             ●lement
             .
             
             But
             Sir
             ,
             what
             shall
             become
             of
             your
             poore
             posterity
             ?
             what
             hope
             of
             safety
             doe
             you
             leave
             to
             them
             ?
             what
             meanes
             of
             refuge
             ,
             having
             the
             rat
             in
             the
             bag
             ,
             the
             serpent
             in
             the
             bosome
             ,
             the
             powder
             in
             the
             pistoll
             ,
             or
             ,
             to
             speake
             more
             properly
             ,
             in
             the
             foure
             corners
             of
             France
             ,
             to
             which
             an
             Inclement
             will
             easily
             give
             fire
             ?
             But
             I
             come
             to
             their
             maximes
             .
             They
             being
             servants
             and
             slaves
             to
             the
             Pope
             ,
             cannot
             bee
             good
             subjects
             to
             their
             Princes
             :
             for
             they
             professe
             themselves
             exempt
             from
             their
             subjection
             ,
             and
             avouch
             as
             much
             of
             all
             other
             Clergiemen
             to
             make
             their
             party
             the
             stronger
             .
          
           
             6
             See
             here
             an
             Aphorisme
             which
             
               Emanuel
               Sa
            
             the
             Iesuite
             sets
             downe
             in
             his
             booke
             intitled
             
               Aphorismi
               Confessariorum
            
             ,
             
             printed
             at
             Anvers
             the
             yeare
             1599
             ,
             and
             afterwards
             at
             Paris
             this
             present
             yeare
             1600
             ,
             after
             he
             had
             studied
             the
             point
             forty
             yeares
             ,
             as
             he
             professeth
             in
             the
             preface
             .
             
               The
               rebellion
               of
               a
               Clergyman
               against
               the
               King
               is
               no
               treason
               ,
               because
               he
               is
               no
               subject
               .
            
             For
             as
             much
             as
             they
             make
             profession
             of
             this
             rebellion
             ,
             they
             provide
             for
             themselves
             beforehand
             by
             such
             like
             axiomes
             as
             these
             .
             They
             make
             maximes
             in
             State
             affaires
             ,
             even
             such
             as
             respect
             the
             persons
             of
             Princes
             ,
             and
             occasion
             their
             subjects
             to
             make
             conspiracies
             and
             enterprise
             upon
             their
             lives
             .
             Loe
             here
             one
             .
             
             
               He
               that
               governes
               the
               Realme
               or
               Dominion
               ,
               which
               he
               hath
               justly
               got
               ,
               in
               a
               tyrannicall
               way
               ,
               cannot
               be
               deprived
               of
               it
               but
               by
               a
               publique
               judgement
               .
               But
               the
               sentence
               being
               once
               past
               ,
               any
               man
               may
               be
               the
               executioner
               of
               it
               .
               He
               may
               be
               deposed
               even
               by
               the
               people
               that
               have
               sworne
               perpetuall
               allegiance
               to
               him
               ,
               if
               he
               doe
               not
               amend
               after
               he
               hath
               beene
               admonished
               .
               But
               he
               that
               tyrannically
               usurpes
               the
               government
               ,
               may
               be
               killed
               by
               any
               of
               the
               people
               ,
               if
               there
               be
               no
               other
               remedy
               ,
               for
               hee
               is
               a
               publique
               enemy
               .
            
             See
             here
             another
             of
             the
             like
             straine
             .
             
             
               The
               Prince
               may
               bee
               deprived
               of
               his
               dominion
               by
               the
               common
               wealth
               ,
               either
               for
               his
               tyrannie
               ,
               or
               if
               he
               doe
               not
               doe
               his
               dutie
               ,
               or
               if
               there
               bee
               any
               other
               just
               cause
               ,
               and
               another
               may
               be
               chosen
               in
               his
               stead
               by
               the
               major
               part
               of
               the
               people
               .
            
          
           
             7
             Let
             every
             man
             bethinke
             himselfe
             whether
             these
             Maximes
             have
             not
             been
             practised
             in
             our
             France
             :
             and
             let
             him
             adde
             to
             all
             this
             the
             excommunication
             of
             a
             Pope
             incensed
             against
             some
             Prince
             whom
             he
             will
             declare
             by
             his
             Buls
             to
             bee
             a
             tyrant
             ,
             or
             heretique
             ,
             and
             he
             will
             easily
             judge
             whether
             he
             that
             shall
             be
             pronounced
             such
             ought
             hereafter
             to
             thinke
             of
             any
             thing
             but
             the
             sepulchre
             of
             his
             ancestors
             ,
             to
             procure
             that
             he
             may
             obtaine
             it
             at
             least
             .
             In
             my
             opinion
             if
             our
             Iesuites
             deny
             to
             speake
             roundly
             ,
             and
             say
             't
             is
             a
             meritorious
             worke
             to
             kill
             him
             ,
             it
             is
             lawfull
             for
             any
             man
             to
             execute
             the
             sentence
             :
             Yet
             this
             is
             the
             doctrine
             which
             they
             teach
             their
             disciples
             ;
             confessed
             by
             
               Iohn
               Chastel
            
             ,
             registred
             in
             the
             Arrest
             of
             this
             venerable
             Parliament
             of
             the
             29
             of
             December
             1594.
             the
             words
             are
             these
             .
             
               Hee
               said
               at
               the
               same
               examination
               that
               it
               is
               permitted
               to
               kill
               Kings
               ,
               and
               that
               King
            
             Henry
             
               the
               fourth
               now
               reigning
               ,
               is
               not
               in
               the
               Church
               till
               such
               time
               as
               hee
               hath
               got
               the
               Popes
               approbation
               .
            
             Confessed
             likewise
             by
             
               William
               Parry
            
             executed
             in
             England
             .
             Confessed
             by
             
               Peter
               Panne
            
             ,
             the
             Iesuits
             of
             D●wayes
             emissarie
             to
             assassinate
             Prince
             Maurice
             ,
             giving
             unto
             the
             Governour
             or
             Rectour
             of
             that
             Colledge
             the
             honour
             of
             that
             doctrine
             which
             he
             had
             learned
             from
             him
             .
             Maintained
             in
             a
             publique
             writing
             made
             by
             Mr.
             Allen
             Principall
             of
             the
             Colledge
             of
             the
             Seminary
             at
             Rhemes
             :
             declaimed
             in
             their
             ordinary
             talke
             ,
             in
             their
             solemne
             orations
             :
             whispered
             in
             the
             eares
             of
             those
             that
             come
             to
             them
             for
             absolution
             ,
             and
             infused
             into
             their
             soules
             ;
             as
             it
             is
             declared
             by
             those
             true
             discourses
             made
             upon
             that
             subject
             by
             the
             finest
             wits
             of
             France
             .
          
           
             8
             Let
             us
             run
             over
             the
             other
             maximes
             which
             concerne
             the
             present
             state
             of
             this
             Kingdome
             ,
             and
             judge
             whether
             they
             tend
             to
             peace
             and
             quiet
             .
             If
             Luther
             
             (
             say
             they
             in
             their
             Cullen
             censure
             )
             
               had
               beene
               rooted
               out
               by
               fire
               and
               sword
               fortie
               yeares
               agoe
               ,
            
             
             
               or
               if
               others
               had
               beene
               so
               dealt
               with
               ,
               peace
               might
               by
               this
               meanes
               be
               restored
               to
               the
               Church
               .
            
          
           
             
             9
             Father
             Emond
             ,
             in
             a
             booke
             of
             his
             printed
             at
             Paris
             by
             
               Sebastian
               Nivelle
            
             the
             yeare
             1568
             ,
             and
             by
             him
             dedicated
             to
             King
             Charles
             the
             ninth
             ,
             with
             this
             inscription
             ,
             
               The
               Pedagogue
               of
               Armes
               ,
               To
               instruct
               a
               Christian
               Prince
               to
               undertake
               a
               good
               warre
               well
               ,
               and
               accomplish
               it
               with
               successe
               ,
               to
               be
               victorious
               over
               all
               the
               enemies
               of
               his
               State
               ,
               and
               of
               the
               Catholique
               Church
               ,
            
             gives
             us
             other
             rules
             which
             have
             beene
             put
             in
             practice
             .
             See
             here
             some
             of
             them
             .
          
           
             
             10
             
               That
               warres
               have
               beene
               alwayes
               accounted
               not
               onely
               profitable
               ,
               but
               necessary
               .
            
          
           
             
             11
             
               That
               the
               Pope
               is
               bound
               to
               take
               armes
               against
               heretiques
               .
            
          
           
             
             12
             
               That
               to
               a
               Monarchie
               undertaking
               such
               a
               warre
               ,
               a
               man
               cannot
               urge
               any
               of
               his
               former
               Edicts
               or
               Ordinances
               .
            
          
           
             
             13
             
               That
               no
               man
               how
               potent
               soever
               he
               be
               ,
               can
               contract
               with
               an
               infidell
               ,
               or
               one
               that
               hath
               revolted
               from
               his
               conscience
               .
            
             Hee
             gives
             this
             reason
             ;
             
             
               For
               what
               King
               is
               there
               ,
               how
               redoubted
               soever
               he
               be
               ,
               that
               can
               (
               without
               villainously
               falsifying
               and
               breaking
               his
               oath
               made
               to
               God
               )
               permit
               and
               give
               leave
               to
               the
               enemies
               of
               all
               truth
               ,
               and
               condemn'd
               by
               the
               generall
               sentence
               of
               all
               the
               world
               ,
               to
               so●
               heresies
               in
               his
               countries
               ,
               and
               allure
               soules
               ?
            
             Hee
             addes
             further
             ,
             
             
               That
               what
               conditions
               of
               peace
               so
               ever
               he
               can
               grant
               unto
               his
               rebels
               in
               this
               case
               ,
               will
               not
               endure
               long
               :
               But
               it
               will
               behove
               him
               not
               to
               awake
               such
               strong
               and
               potent
               enemies
               ;
               that
               to
               make
               a
               peace
               with
               them
               at
               last
               ,
               hee
               must
               resolve
               to
               make
               a
               good
               warre
               .
            
             And
             anon
             ,
             
               As
               oft
               as
               by
               the
               Articles
               of
               peace
               ,
               licence
               is
               granted
               to
               every
               man
               to
               adhere
               to
               which
               of
               the
               two
               opposite
               parties
               he
               please
               ,
               without
               being
               offended
               at
               it
               ,
               it
               is
               all
               one
               in
               my
               opinion
               ,
               as
               if
               one
               should
               cast
               a
               man
               into
               the
               fire
               and
               forbid
               him
               to
               burne
               himselfe
               .
            
          
           
             14
             In
             the
             seventh
             Chapter
             he
             saith
             ,
             
             
               If
               such
               persons
               were
               infidels
               or
               heretiques
               ,
               I
               would
               never
               excuse
               the
               Monarch
               ,
               that
               ,
               having
               sufficient
               means
               in
               his
               owne
               hands
               ,
               should
               not
               essay
               by
               all
               wayes
               ,
               even
               of
               fact
               ,
               to
               reclaime
               such
               a
               kennell
               ,
               or
               drive
               them
               farre
               out
               of
               his
               countrey
               ,
               out
               of
               the
               territories
               of
               Catholiques
               .
               And
               so
               much
               the
               more
               roughlie
               ought
               he
               to
               proceed
               against
               them
               as
               hee
               knowes
               them
               perverse
               in
               all
               respects
               ,
               and
               of
               the
               Huguenots
               stamp
               ,
               which
               should
               be
               accounted
               the
               most
               pernicious
               ,
               most
               devillish
               upholders
               of
               lies
               that
               ever
               rose
               up
               against
               the
               Church
               .
            
          
           
             15
             After
             he
             hath
             put
             weapons
             in
             the
             Princes
             hands
             to
             destroy
             his
             subjects
             ,
             hee
             suggests
             reasons
             unto
             him
             ,
             
             whereby
             hee
             may
             repell
             all
             such
             as
             would
             make
             him
             alter
             his
             designe
             .
             
               This
               being
               well
               and
               piously
               considered
               ,
               the
               Prince
               will
               finde
               in
               his
               heart
               sufficient
               reason
               to
               assure
               him
               of
               the
               holynesse
               of
               the
               enterprize
               :
               without
               resting
               upon
               the
               remonstrances
               of
               those
               seditious
               rebels
               ,
               grounded
               it
               may
               be
               upon
               some
               Edicts
               ,
               which
               by
               the
               policie
               and
               subtiltie
               of
               bad
               counsellours
               ,
               they
               have
               obtained
               of
               his
               Majestie
               to
               let
               them
               live
               at
               libertie
               .
               But
               hee
               must
               answer
               them
               with
               a
               deliberate
               and
               resolved
               gravitie
               ,
               that
               if
               a
               man
               by
               reason
               of
               the
               hardnesse
               of
               the
               times
               have
               committed
               one
               fault
               against
               his
               will
               ,
               there
               is
               no
               reason
               he
               should
               commit
               two
               .
               But
               that
               they
               which
               are
               the
               cause
               that
               makes
               him
               take
               armes
               ,
               should
               dearly
               buy
               the
               follie
               of
               their
               rashnesse
               .
            
             And
             a
             little
             below
             ,
             
             
               But
               if
               they
               grow
               franticke
               ,
               and
               obstinate
               in
               their
               wickednesse
               ,
               they
               must
               resolve
               to
               endure
               from
               him
               such
               violence
               and
               roughnesse
               ,
               as
               shall
               bee
               seene
               upon
               them
               and
               their
               posteritie
               for
               ever
               :
               they
               must
               blame
               themselves
               as
               guiltie
               of
               the
               persecution
               which
               he
               hath
               raised
               .
               But
               
               if
               he
               doe
               not
               cleanse
               his
               realme
               from
               such
               an
               infection
               and
               stench
               ,
               
               let
               him
               not
               thinke
               ever
               to
               see
               the
               face
               of
               his
               soveraigne
               Lord
               God.
               Hee
               hath
               sufficient
               authority
               to
               correct
               a
               sacrilegious
               Ordinance
               ,
               and
               pernicious
               to
               all
               the
               world
               ,
               by
               a
               good
               and
               just
               law
               .
            
             Wee
             could
             yet
             bring
             more
             of
             this
             kinde
             ,
             but
             here
             is
             enough
             .
          
           
             16
             It
             will
             be
             answered
             ,
             It
             is
             but
             one
             or
             two
             of
             the
             Iesuites
             that
             have
             said
             thus
             :
             that
             the
             whole
             Order
             should
             not
             bee
             blamed
             for
             it
             :
             that
             there
             are
             some
             among
             them
             that
             preach
             peace
             .
             But
             observe
             here
             a
             very
             pat
             replie
             ;
             That
             none
             of
             them
             intermedles
             any
             thing
             with
             such
             matters
             ,
             but
             by
             command
             from
             their
             Gen●rall
             ,
             which
             prescribes
             each
             of
             them
             his
             function
             ,
             and
             the
             Generall
             commands
             nothing
             but
             what
             is
             enjoyned
             him
             by
             the
             Pope
             ,
             whose
             oracles
             hee
             receives
             at
             Rome
             without
             budging
             a
             foot
             from
             him
             .
             It
             is
             one
             of
             the
             rules
             of
             their
             institution
             .
             
               For
               lest
               any
               might
               use
               zeale
               ,
               but
               not
               according
               to
               knowledge
               ,
            
             
             
               let
               the
               judging
               of
               what
               degree
               every
               man
               shall
               be
               ,
               and
               the
               de●igning
               and
               distrib●tion
               of
               offices
               ,
               be
               wholly
               in
               the
               power
               of
               the
               Generall
               ,
               or
               Prelat
               ,
               w●ich
               shall
               bee
               appoint●d
               by
               us
               any
               time
               whatsoever
               ,
               or
               of
               those
               whom
               hee
               shall
               su●stitute
               with
               such
               authoritie
               .
            
          
           
             17
             Let
             us
             yet
             set
             down
             one
             most
             true
             maxime
             ,
             but
             which
             is
             as
             much
             or
             more
             verified
             in
             fact
             as
             in
             writing
             ,
             and
             then
             an
             end
             .
             That
             the
             Iesuites
             applie
             all
             their
             divinitie
             to
             overthrow
             the
             States
             of
             Kingdomes
             and
             Principalities
             ,
             to
             make
             them
             change
             their
             maisters
             .
             The
             Arrest
             of
             Paris
             ,
             given
             by
             the
             great
             Chamber
             and
             the
             T●urnelle
             in
             full
             assemblie
             ,
             calls
             them
             
               Enemies
               to
               the
               King
               and
               State.
            
             Such
             a
             companie
             as
             doth
             not
             judge
             upon
             the
             ticket
             of
             a
             sack
             .
             There
             must
             have
             been
             great
             matters
             ,
             and
             very
             concluding
             proofes
             to
             declare
             them
             such
             :
             to
             confiscate
             all
             their
             goods
             ,
             and
             banish
             them
             out
             of
             France
             .
             
             Hee
             that
             shall
             read
             the
             pleadings
             upon
             that
             subject
             ,
             and
             the
             inscription
             of
             the
             Piramid
             ,
             will
             understand
             some
             part
             of
             it
             .
             The
             examples
             of
             other
             States
             ,
             the
             blowes
             which
             they
             have
             struck
             ,
             which
             are
             but
             too
             well
             knowne
             to
             all
             Christendome
             ,
             their
             atchievements
             and
             ●onquests
             ,
             doe
             but
             too
             much
             bewray
             the
             inside
             of
             their
             stomach
             ;
             and
             make
             us
             beleeve
             it
             was
             not
             without
             a
             mysterie
             that
             they
             professed
             themselves
             unto
             Princes
             for
             
               Pedagogues
               of
               Armes
            
             .
          
        
         
           
           
             CHAP.
             VIII
             .
             Of
             the
             election
             and
             nomination
             to
             the
             investitures
             of
             Bishopriques
             ,
             Abbeyes
             ,
             and
             other
             Prelacies
             appertaining
             to
             the
             Emperours
             .
             And
             first
             of
             the
             election
             of
             Popes
             .
          
           
             
             1
             THis
             Councel
             gives
             the
             Pope
             the
             power
             of
             election
             and
             nomination
             to
             all
             Bishopriques
             ,
             Abbeyes
             ,
             and
             othe●
             Prelacies
             in
             all
             the
             Kingdomes
             and
             Provinces
             of
             Christendome
             .
             For
             in
             the
             first
             Chapter
             of
             the
             seventh
             Session
             ,
             the
             Popes
             authoritie
             is
             reserved
             for
             as
             much
             as
             concernes
             Bishops
             ,
             their
             residence
             ,
             and
             other
             points
             of
             reformation
             .
             This
             being
             so
             it
             must
             be
             at
             his
             disposall
             to
             ordaine
             what
             hee
             shall
             thinke
             good
             :
             to
             draw
             unto
             himselfe
             and
             his
             Court
             all
             manner
             of
             nominations
             and
             elections
             :
             to
             put
             out
             some
             ,
             and
             put
             in
             others
             :
             to
             set
             up
             a
             trading
             and
             traffique
             in
             that
             behalfe
             ,
             as
             hee
             hath
             done
             at
             other
             times
             ,
             and
             doth
             at
             this
             present
             :
             to
             make
             a
             common
             mart
             and
             a
             famous
             fare
             of
             his
             Court
             :
             to
             rob
             Princes
             of
             the
             right
             which
             belong●
             unto
             them
             in
             point
             of
             nominations
             ,
             elections
             ,
             investitures
             and
             such
             like
             .
             For
             if
             the
             Pope
             intermeddle
             ,
             as
             he
             may
             lawfully
             doe
             ,
             they
             can
             no
             way
             complaine
             of
             him
             ,
             nor
             debate
             their
             right
             against
             him
             ,
             nor
             say
             that
             hee
             deprives
             them
             o●
             what
             belongs
             unto
             them
             .
             And
             indeed
             the
             same
             Councell
             hath
             decreed
             it
             down-right
             :
             For
             it
             is
             said
             in
             the
             eighth
             Canon
             of
             the
             twentie
             third
             Session
             ,
             
               If
               any
               one
               affirme
               the
               Bishops
               that
               are
               created
               by
               the
               authoritie
               of
               our
               Holy
               Father
               the
               Pope
               of
            
             Rome
             ,
             
               to
               be
               no
               true
               and
               lawfull
               Bishops
               ,
               but
               a
               humane
               fiction●
               let
               him
               bee
               anathema
               .
            
          
           
             2
             In
             the
             first
             Decree
             of
             the
             twentie
             fourth
             Session
             ,
             the
             election
             ,
             nomination
             ,
             and
             entire
             disposall
             of
             Bishopriques
             and
             Prelacies
             is
             given
             unto
             him
             without
             any
             more
             dissembling
             :
             See
             here
             the
             forme
             which
             is
             there
             set
             downe
             ;
             1
             
               That
               at
               the
               Provinciall
               Synod
               which
               shall
               bee
               holden
               by
               the
               Metropolitan
               ,
               a
               certaine
               forme
               of
               examination
               ,
               inquisition
               ,
               or
               instruction
               proper
               to
               every
               Province
               ,
               be
               prescribed
               to
               all
               places
               .
            
             2
             
               That
               it
               bee
               approved
               of
               by
               the
               judgement
               of
               our
               holy
               Father
               the
               Pope
               of
            
             Rome
             .
             3
             
               That
               as
               soone
               as
               this
               examination
               or
               inquisition
               of
               the
               partie
               to
               bee
               preferred
               is
               finished
               ,
               it
               bee
               drawne
               into
               a
               publique
               instrumen●
               ,
               with
               all
               the
               attestations
               ,
               and
               testimonials
               ,
               and
               profession
               of
               faith
               by
               him
               made
               .
            
             4
             
               That
               all
               bee
               sent
               forthwith
               to
               our
               most
               holy
               Father
               the
               Pope
               of
            
             Rome
             ,
             
               that
               having
               full
               intelligence
               of
               the
               whole
               businesse
               ,
               and
               of
               the
               persons
               ,
               if
               by
               the
               examination
               and
               inquisition
               they
               bee
               found
               fit
               men
               ,
               for
               the
               good
               of
               the
               Lords
               flocke
               ,
               he
               may
               profitably
               furnish
               the
               Churches
               with
               them
               .
            
          
           
             3
             It
             may
             bee
             said
             that
             all
             this
             may
             be
             well
             understood
             without
             entrenching
             upon
             the
             right
             of
             others
             ,
             especially
             of
             Kings
             and
             Princes
             who
             have
             the
             disposall
             of
             them
             .
             But
             that
             is
             provided
             for
             by
             another
             Decree
             ,
             in
             such
             sort
             that
             they
             are
             not
             indeed
             quite
             right
             excluded
             ,
             but
             a
             gappe
             is
             opened
             to
             their
             exclusion
             ,
             by
             inventing
             a
             way
             to
             make
             them
             yeeld
             unto
             them
             .
             For
             in
             case
             the
             preferment
             be
             done
             without
             them
             ,
             
             they
             declare
             it
             to
             be
             valid
             and
             good
             .
             And
             God
             knowes
             whether
             such
             a
             course
             will
             not
             bee
             taken
             that
             they
             shall
             have
             no
             hand
             in
             it
             at
             all
             .
             
               Th●
               holy
               Synod
               further
               teacheth
               ,
               that
               in
               the
               Ordination
               of
               Bishops
               ,
               
               Priests
               ,
               and
               other
               Orders
               ,
               neither
               the
               consent
               ,
            
             
             
               vocation
               nor
               authority
               of
               the
               people
               ,
               or
               any
               other
               Secular
               power
               or
               Magistrate
               is
               so
               required
               ,
               that
               the
               Ordination
               should
               be
               frustrate
               without
               it
               :
               But
               rather
               it
               decreeth
               that
               those
               who
               rise
               up
               to
               exercise
               these
               functions
               ,
               being
               called
               and
               ordained
               onely
               by
               the
               people
               or
               Secular
               power
               and
               Magistrate
               ,
               or
               by
               their
               owne
               rashnesse
               take
               them
               upon
               them
               ,
               ought
               all
               of
               them
               to
               be
               reputed
               ,
               not
               Ministers
               ,
               but
               theeves
               and
               robbers
               that
               came
               not
               in
               by
               the
               doore
               .
            
          
           
             4
             It
             may
             bee
             made
             to
             appeare
             yet
             more
             particularly
             ,
             that
             this
             Councels
             intention
             was
             to
             put
             into
             the
             Popes
             hands
             all
             that
             concernes
             the
             election
             of
             Bishopriques
             and
             other
             Ecclesiasticall
             dignities
             and
             offices
             ,
             and
             to
             deprive
             others
             that
             might
             claime
             any
             right
             to
             them
             .
             For
             by
             the
             first
             Chapter
             of
             the
             sixt
             Session
             ,
             the
             care
             and
             charge
             of
             preferring
             or
             causing
             to
             bee
             preferred
             unto
             the
             government
             of
             Churches
             ,
             such
             as
             shall
             be
             most
             worthie
             ,
             and
             the
             power
             of
             providing
             for
             Bishopriques
             in
             stead
             of
             the
             Bishops
             that
             do
             not
             reside
             ,
             belongs
             unto
             him
             :
             which
             will
             be
             a
             meanes
             for
             him
             to
             revenge
             himselfe
             of
             such
             Princes
             as
             would
             desire
             to
             retaine
             trusty
             Prelates
             in
             their
             Counsell
             .
             For
             if
             they
             doe
             so
             without
             the
             Popes
             licence
             ,
             they
             shall
             be
             deprived
             of
             them
             :
             if
             with
             his
             consent
             ,
             they
             shall
             be
             but
             ill
             served
             by
             them
             .
             Besides
             ,
             the
             Pope
             will
             keepe
             them
             continually
             in
             awe
             by
             other
             meanes
             afforded
             him
             by
             this
             Councell
             ;
             as
             namely
             ,
             by
             the
             oath
             which
             they
             are
             bound
             to
             sweare
             unto
             him
             at
             their
             Provinciall
             Councels
             and
             Synods
             within
             their
             Dioces
             ;
             by
             the
             censure
             of
             their
             life
             and
             manners
             ,
             their
             errours
             and
             offences
             ;
             which
             is
             also
             granted
             unto
             him
             ,
             with
             supreme
             jurisdiction
             to
             punish
             them
             .
             
          
           
             5
             And
             as
             for
             lesser
             dignities
             ,
             the
             Pope
             is
             intreated
             at
             the
             twenty
             first
             Chapter
             of
             the
             last
             Session
             ,
             that
             
               the
               Monasteries
               ,
               Abbeyes
               ,
               Priories
               and
               Provostships
               be
               bestowed
               for
               the
               future
               upon
               regular
               men
               ,
               of
               tried
               virtue
               and
               sanctity
               .
            
             If
             these
             authorities
             be
             not
             sufficient
             ,
             we
             adde
             further
             ;
             That
             this
             Councell
             gives
             the
             Pope
             authority
             over
             all
             ;
             that
             by
             this
             meanes
             hee
             may
             derogate
             ,
             abrogate
             ,
             change
             ,
             make
             ,
             unmake
             ,
             any
             thing
             that
             he
             pleaseth
             ;
             the
             clause
             of
             
               Clave
               non
               errante
            
             ,
             and
             the
             exception
             ,
             
               Curita
               facis
            
             ?
             being
             now
             abolished
             .
             We
             say
             more
             ,
             that
             this
             Councell
             confirmes
             all
             the
             Canons
             and
             Decrees
             of
             Popes
             ,
             and
             that
             by
             them
             elections
             now
             adaies
             belong
             neither
             to
             the
             people
             ,
             nor
             to
             Kings
             and
             Princes●
             that
             they
             have
             neither
             part
             nor
             quart
             in
             them
             ,
             nor
             can
             they
             meddle
             with
             them
             in
             any
             sort
             .
             In
             all
             this
             the
             interest
             of
             Kings
             and
             Princes
             and
             of
             the
             people
             likewise
             is
             concerned
             .
             If
             wee
             make
             this
             right
             and
             interest
             appeare
             by
             their
             owne
             testimonies
             ,
             by
             the
             very
             Canons
             and
             Decrees
             of
             Popes
             and
             Councels
             ,
             by
             the
             authority
             of
             all
             antiquity
             ,
             by
             the
             credit
             of
             Histories
             ;
             what
             will
             remaine
             more
             ,
             but
             that
             we
             conclude
             ,
             that
             that
             is
             by
             usurpation
             taken
             from
             them
             ,
             which
             in
             justice
             ought
             to
             bee
             restored
             unto
             them
             ?
             The
             Glossatour
             upon
             the
             Canon
             Law
             confesseth
             this
             usurpation
             in
             downe
             right
             termes
             .
             For
             speaking
             of
             the
             consecration
             of
             Archbishops
             ,
             
               The
               Archbishop
            
             (
             saith
             hee
             )
             
               of
               right
               ought
               to
               bee
               consecrated
               by
               all
               his
               ●uffragans
               ;
               yet
               notwithstanding
               the
               Pope
               usurpes
               this
               power
               to
               himselfe
               .
            
             With
             greater
             reason
             may
             it
             be
             said
             that
             hee
             usurps
             the
             consecration
             of
             Bishops
             and
             others
             that
             are
             of
             inferiour
             dignitie
             .
          
           
             6
             Now
             that
             the
             people
             hath
             a
             share
             in
             the
             election
             of
             their
             Bishops
             and
             Pastours
             ,
             besides
             the
             expresse
             places
             of
             holy
             Scripture
             ,
             which
             may
             and
             ought
             to
             suffice
             ,
             I
             urge
             their
             owne
             Canons
             and
             the
             sayings
             of
             former
             Popes
             ,
             who
             testifie
             the
             use
             and
             custome
             of
             the
             ancient
             Church
             in
             matter
             of
             elections
             ;
             and
             tell
             us
             in
             plaine
             termes
             that
             they
             were
             made
             by
             the
             Clergy
             and
             people
             jointly
             ,
             and
             by
             one
             common
             advice
             ,
             without
             the
             one
             usurping
             upon
             the
             others
             authoritie
             .
             Amongst
             the
             Epistles
             of
             Ivo
             Bishop
             of
             Chartres
             we
             read
             the
             very
             form
             which
             the
             Popes
             used
             at
             the
             consecration
             of
             Bishops
             ;
             where
             mention
             is
             made
             of
             the
             election
             of
             the
             Clergie
             and
             people
             ,
             which
             beginnes
             thus
             .
             
               Forasmuch
               as
               wee
               beleeve
               that
               being
               called
               by
               the
               will
               of
               God
               ,
               the
               Clergy
               and
               people
               of
               such
               a
               City
               
               have
               with
               one
               consent
               chosen
               you
               their
               Rectour
               and
               Bishop
               ,
            
             
             
               brought
               unto
               us
               to
               desire
               consecration
               ,
               &c.
               
            
             The
             very
             same
             forme
             did
             Pope
             Vrban
             use
             at
             the
             consecration
             of
             the
             said
             Bishop
             of
             Chartres
             ;
             for
             it
             is
             upon
             that
             occasion
             Ivo
             relates
             it
             .
          
           
             
             7
             This
             was
             also
             observed
             even
             in
             the
             election
             of
             the
             Pope
             of
             Rome
             ,
             which
             was
             performed
             by
             the
             Clergie
             and
             people
             ,
             as
             their
             owne
             bookes
             testifie
             .
             To
             all
             which
             they
             proceeded
             in
             such
             sort
             as
             the
             Princes
             authoritie
             was
             above
             all
             .
             For
             whether
             he
             made
             the
             election
             himselfe
             alone
             ,
             and
             by
             his
             owne
             proper
             authoritie
             ,
             (
             which
             is
             condemned
             by
             this
             Councell
             )
             or
             hee
             gave
             and
             granted
             it
             sometimes
             to
             the
             Pope
             (
             this
             I
             learne
             from
             their
             owne
             writings
             )
             sometimes
             to
             the
             Clergy
             and
             people
             ;
             yet
             still
             so
             as
             his
             consent
             and
             the
             confirmation
             was
             reserved
             unto
             himselfe
             .
             The
             Emperours
             and
             Princes
             themselves
             made
             the
             lawes
             and
             Ordinances
             concerning
             it
             :
             they
             prescribed
             the
             order
             and
             forme
             which
             should
             be
             observed
             in
             it
             .
             All
             this
             is
             testified
             unto
             us
             by
             the
             Popes
             and
             Councels
             themselves
             ;
             yea
             approved
             and
             followed
             by
             them
             ;
             yea
             with
             all
             humility
             received
             :
             and
             they
             thought
             this
             right
             to
             belong
             to
             Kings
             and
             Princes
             so
             farre
             ,
             that
             they
             never
             made
             any
             bones
             of
             acknowledging
             in
             them
             a
             power
             to
             chuse
             Popes
             and
             all
             other
             Bishops
             :
             of
             declaring
             in
             their
             Synods
             that
             this
             of
             right
             belonged
             unto
             them
             :
             of
             confirming
             it
             unto
             them
             as
             farre
             as
             they
             were
             able
             .
          
           
             
             8
             Pope
             Adrian
             
               with
               his
               whole
               Synod
            
             (
             which
             consis●ed
             of
             one
             hundred
             fiftie
             three
             Bishops
             ,
             Religious
             persons
             and
             Abbats
             )
             
               gave
               the
               right
               and
               power
               of
               electing
               the
               Pope
               ●nto
            
             Charles
             
               the
               Great
               :
               the
               power
               and
               right
               of
               chusing
               :
               and
               further
               ordained
               that
               the
               Archbishops
               and
               Bishops
               of
               all
               the
               Provinces
               should
               receive
               their
               investiture
               from
               him
               :
               in
               such
               sort
               as
               no
               Bishops
               can
               bee
               consecrated
               by
               any
               man
               unlesse
               he
               be
               approved
               and
               invested
               by
               the
               King
               ,
               pronouncing
               and
               anathema
               against
               such
               as
               shall
               doe
               otherwise
               ,
            
             as
             is
             said
             in
             expresse
             termes
             in
             the
             Canon
             Adrianus
             .
          
           
             
             9
             Pope
             Leo
             the
             seventh
             following
             this
             example
             made
             this
             Constitution
             .
             I
             Leo
             
               Bishop
               ,
               servant
               of
               servants
               ,
               with
               all
               the
               Clergy
               and
               people
               of
            
             Rome
             ,
             
               doe
               ordaine
               ,
               confirme
               ,
               corroborate
               ,
               and
               grant
               by
               our
               authority
               Apostolique
               unto
            
             Otho
             
               the
               first
               ,
               our
               Lord
               ,
               King
               of
               the
            
             Germans
             ,
             
               and
               his
               successors
               ,
               the
               power
               from
               hence
               forwards
               of
               electing
               the
               successors
               and
               ordaining
               the
               Pope
               of
               the
               high
               See
               Apostolique
               :
               as
               also
               to
               the
               Archbishops
               and
               Bishops
               ,
               to
               receive
               their
               investiture
               from
               him
               ,
               and
               their
               consecration
               where
               they
               ought
               .
            
             And
             a
             little
             after
             .
             
               That
               the
               Bishop
               being
               elected
               by
               the
               Clergy
               and
               people
               ,
               cannot
               bee
               consecrated
               till
               hee
               bee
               first
               allowed
               and
               invested
               by
               the
               King.
            
             See
             here
             how
             every
             one
             had
             his
             share
             in
             it
             :
             the
             Clergie
             and
             People
             ,
             the
             election
             :
             the
             Prince
             ,
             the
             approbation
             and
             investiture
             :
             the
             Archbishop
             or
             Metropolitan
             ,
             or
             the
             Councell
             it selfe
             ,
             the
             consecration
             .
          
           
             10
             Nor
             can
             it
             be
             said
             that
             this
             right
             was
             first
             granted
             to
             the
             Emperours
             in
             the
             person
             of
             Charlemaigne
             :
             it
             was
             no
             more
             but
             confirmed
             :
             for
             other
             Emperours
             of
             old
             were
             anciently
             accustomed
             so
             to
             doe
             ;
             as
             it
             is
             affirmed
             in
             expresse
             termes
             in
             the
             Canon
             Agatho
             ,
             
             very
             remarkable
             to
             this
             purpose
             .
             Where
             Pope
             Agatho
             ,
             who
             lived
             in
             the
             yeare
             six
             hundred
             eighty
             eight
             ,
             obtained
             of
             Constantine
             the
             fourth
             their
             Emperour
             an
             immunitie
             and
             release
             from
             that
             summe
             of
             money
             which
             the
             Popes
             were
             wont
             to
             pay
             the
             Emperours
             for
             their
             Ordination
             .
             
               Yet
               so
            
             (
             these
             are
             the
             very
             words
             )
             
               as
               he
               that
               is
               elected
               shall
               not
               be
               consecrated
               till
               the
               Generall
               Decree
               bee
               first
               brought
               unto
               the
               Royall
               City
            
             (
             of
             Constantinople
             )
             
               according
               to
               the
               ancient
               custome
               ;
               to
               the
               end
               that
               the
               said
               consecration
               may
               be
               performed
               with
               his
               consent
               and
               command
               .
            
             The
             words
             (
             
               according
               to
               the
               ancient
               custome
            
             )
             are
             worth
             the
             noting
             ,
             to
             shew
             that
             this
             was
             no
             new
             established
             thing
             :
             for
             the
             Emperour
             had
             
               both
               the
               right
               of
               the
               one
               and
               the
               other
               ,
            
             so
             saith
             the
             Glosse
             ;
             that
             is
             ,
             both
             of
             receiving
             something
             at
             the
             election
             ,
             and
             of
             granting
             the
             confirmation
             of
             it
             .
             But
             the
             example
             of
             Pope
             Vitalianus
             who
             is
             spoken
             of
             
             in
             the
             same
             Canon
             ,
             makes
             the
             point
             clearer
             .
             
             Vitalianus
             
               according
               to
               the
               custome
               s●nt
               his
               Legats
               with
               a
               Synodicall
               epistle
               towards
               the
               royall
               City
               to
               the
               most
               pious
               Emperours
               ,
               to
               give
               them
               notice
               of
               his
               institution
               .
            
             Now
             this
             Vitalianus
             was
             promoted
             to
             the
             See
             in
             the
             yeare
             1657
             ,
             under
             the
             Emperour
             Constantine
             the
             third
             ,
             who
             reigned
             together
             with
             his
             brother
             Heracleon
             ,
             
             as
             the
             Archbishop
             of
             Cos●●●●
             tels
             us
             ,
             who
             relates
             the
             very
             same
             story
             .
          
           
             11
             Boniface
             the
             first
             entreated
             the
             Emperour
             Honorius
             by
             his
             letters
             and
             Ambassadours
             ,
             to
             see
             that
             after
             his
             death
             the
             ele●tion
             of
             the
             Popedome
             were
             made
             without
             contentions
             and
             corruptions
             .
             See
             here
             the
             inscription
             of
             the
             letter
             which
             hee
             sent
             unto
             him
             ,
             which
             wee
             read
             at
             this
             day
             in
             Isidores
             Decree
             printed
             at
             Paris
             ,
             both
             in
             a
             great
             and
             lesser
             volume
             ,
             the
             yeare
             15●4
             ,
             and
             1535●
             and
             afterwards
             at
             Cullen
             in
             1567.
             
             
             
               Here
               begin
               the
               Decrees
               of
               Pope
               Boniface●
               The
               epistle
               wherein
               hee
               entreateth
               the
               Emperour
               Honorius
               ,
               to
               see
               that
               hereafter
               after
               the
               election
               of
               the
               Pope
               bee
               not
               carried
               by
               canvassing
               at
               Rome
               .
            
             After
             this
             letter
             of
             Boniface
             ,
             follows
             the
             Emperors
             answer
             with
             this
             inscriptiō
             ;
             
               The
               Constitution
               of
               the
               Emperour
               Honorius
               sent
               to
               Pope
               Boniface
               ,
               wherein
               hee
               ordaines
               ,
               that
               if
               hereafter
               two
               Bishops
               bee
               created
               at
               Rome
               ,
               the
               one
               or
               other
               of
               them
               shall
               bee
               driven
               out
               of
               the
               Citie
               .
            
             And
             the
             text
             sayes
             thus
             ;
             
               Let
               every
               man
               know
               that
               these
               canvassings
               must
               be
               left
               off
               .
               But
               if
               peradventure
               by
               reason
               of
               the
               remeritie
               of
               the
               factions
               ,
               there
               bee
               two
               chosen
               against
               the
               law
               ;
               wee
               will
               not
               that
               either
               of
               those
               two
               bee
               the
               man
               :
               but
               that
               hee
               alone
               shall
               enjoy
               the
               See
               Apostolique
               whom
               the
               judgement
               of
               God
               ,
               and
               the
               consent
               of
               the
               world
               shall
               chuse
               .
            
          
           
             12
             Wee
             will
             urge
             the
             examples
             of
             Pope
             Symmachus
             ,
             and
             Gregori●
             the
             Great
             out
             of
             Marsilius
             ,
             though
             wee
             could
             take
             them
             out
             of
             the
             authours
             whence
             hee
             had
             them
             .
             
               The
               like
               we
               read
            
             (
             saith
             hee
             )
             of
             Symmachus
             ,
             
               borne
               in
            
             Sardinia
             :
             
               for
               he
               being
               elected
               by
               discord
               ,
               together
               with
               one
            
             Laurentius
             ,
             
               was
               confirmed
               Pope
               of
            
             Rome
             
               by
               the
               judgement
               of
               King
            
             Theodoric
             .
             Hear
             what
             Martin
             saith
             also
             of
             St.
             Gregorie
             ;
             
             
               Hee
               was
               chosen
               Pope
            
             ,
             (
             saith
             hee
             )
             
               and
               the
               Emperour
            
             Maurice
             
               gave
               his
               consent
               by
               his
               Imperiall
               letters
               .
            
             Others
             say
             that
             St.
             
               Gregorie
               would
               not
               receive
               the
               consecration
               ,
               till
               such
               time
               as
               hee
               had
               the
               Emperour
            
             Maurice
             
               his
               consent
            
             .
          
           
             13
             There
             are
             two
             things
             especially
             objected
             against
             all
             this
             .
             First
             ,
             the
             disclaime
             which
             is
             said
             to
             be
             made
             by
             Lewes
             the
             Gentle
             ,
             King
             of
             France
             ,
             and
             Emperour
             of
             Rome
             ,
             by
             an
             expresse
             compact
             made
             betwixt
             him
             and
             Pope
             Paschal
             :
             whereby
             hee
             promiseth
             ,
             
               That
               none
               of
               his
               Kingdome
               ,
               French
               man
               ,
               or
               Lombard
               ,
               or
               of
               any
               other
               nation
               within
               his
               dominions
               ,
               shall
               have
               any
               power
               or
               leave
               to
               doe
               against
               the
               Romans
               ,
               privately
               or
               publiquely
               ,
               or
               to
               proceed
               to
               any
               elections
               ,
               suffering
               them
               to
               consecrate
               him
               whom
               they
               have
               elected
               with
               concord
               and
               common
               advice
               ,
               sending
               Legats
               unto
               him
               and
               his
               successours
               ,
               the
               Kings
               of
               France
               ,
               after
               the
               consecration
               ,
               to
               make
               peace
               and
               amitie
               with
               him
               .
            
             In
             the
             second
             place
             is
             objected
             the
             constitution
             of
             the
             Emperour
             Henrie
             the
             first
             ,
             where
             it
             is
             said
             ,
             
               That
               none
               sent
               by
               us
               shall
               bee
               any
               impediment
               to
               the
               election
               of
               the
               Pope
               of
               Rome
               .
            
             Which
             makes
             Gratian
             conclude
             that
             ,
             
               From
               these
               Ordinances
               ,
               and
               from
               the
               compact
               of
               the
               Emperour
               Lewes
               ,
               
               it
               appeares
               that
               the
               Emperours
               have
               renounced
               those
               priviledges
               which
               Pope
               Adrian
               granted
               to
               the
               Emperour
               Charlemag●e
               ,
               and
               in
               imitation
               of
               him
               Pope
               Leo
               to
               Otho
               the
               first
               ,
               as
               touching
               the
               election
               of
               the
               Pope
               of
               Rome
               ,
            
             And
             this
             is
             now
             adaies
             taken
             for
             Oracle
             ,
             and
             followed
             ,
             yea
             practised
             .
          
           
             14
             There
             is
             nothing
             more
             easie
             than
             to
             discover
             here
             errours
             and
             falsities
             both
             at
             on●e
             .
             
             Divers
             ,
             learned
             men
             of
             this
             age
             have
             undertaken
             to
             prove
             that
             this
             pretended
             compact
             of
             Lewes
             is
             spurious
             ,
             as
             well
             as
             the
             Donation
             of
             Constantine
             .
             And
             one
             of
             the
             maine
             arguments
             is
             ,
             because
             there
             are
             two
             evidences
             of
             this
             imaginarie
             agreement
             produced
             ,
             the
             one
             different
             from
             the
             other
             both
             
             in
             words
             and
             substance
             ,
             yea
             even
             in
             matters
             of
             greater
             moment
             .
             
             In
             one
             place
             it
             containes
             a
             donation
             of
             the
             Citie
             of
             Rome
             ,
             and
             many
             more
             in
             Italie
             ,
             unto
             the
             Pope
             .
             Whereas
             notwithstanding
             all
             Histories
             teach
             us
             ,
             that
             they
             never
             pretended
             to
             the
             dominion
             of
             it
             ,
             nor
             became
             Lords
             of
             it
             ,
             til●
             in
             later
             times
             they
             tooke
             it
             into
             their
             hands
             by
             usurpation
             .
             Adde
             hereunto
             that
             ancient
             Historians
             ,
             some
             whereof
             were
             contempora●ies
             and
             familiar
             with
             this
             Emperour
             ,
             speake
             not
             a
             word
             of
             it
             ,
             though
             they
             set
             downe
             his
             life
             even
             to
             the
             smallest
             particulars
             .
             But
             let
             us
             grant
             them
             this
             ,
             that
             this
             instrument
             is
             true
             ,
             be
             it
             never
             so
             false
             :
             What
             doe
             they
             gaine
             by
             it
             ,
             for
             the
             election
             of
             Pope
             Leo
             the
             seventh
             ,
             by
             whom
             the
             power
             granted
             to
             the
             Emperour
             Otho
             the
             first
             ,
             and
             his
             successors
             ,
             of
             instituting
             the
             Pope
             and
             all
             other
             Archbishops
             ,
             and
             Bishops
             ,
             is
             much
             yonger
             ?
             and
             it
             is
             a
             common
             rule
             ,
             
               That
               the
               latter
               lawes
               derogate
               from
               the
               former
               .
            
             Which
             will
             serve
             also
             for
             an
             answer
             to
             the
             constitution
             of
             Henry
             the
             first
             ,
             inasmuch
             as
             the
             fore
             cited
             Synod
             was
             after
             it
             too
             .
             For
             this
             Emperour
             reigned
             about
             the
             year
             920
             ;
             and
             the
             fore-mentioned
             Synod
             was
             holden
             about
             the
             year
             937.
             
          
           
             15
             But
             see
             yet
             more
             law
             !
             After
             all
             this
             Pope
             Stephe●
             the
             ninth
             ,
             who
             lived
             about
             the
             year
             1057
             ,
             
             under
             the
             Emperour
             Henry
             the
             second
             ,
             ordained
             that
             there
             should
             bee
             no
             consecration
             of
             the
             Pope●
             unlesse
             
               it
               were
               in
               the
               presence
               of
               the
               Emperours
               Ambassadours
               ,
               according
               to
               the
               custome
               and
               forme
               set
               downe
               by
               the
               Canons
               .
            
             And
             after
             that
             yet
             Pope
             Nicholas
             the
             second
             ,
             having
             caused
             a
             forme
             of
             the
             Popes
             election
             to
             be
             prescribed
             by
             a
             Councell
             of
             Lateran
             holden
             the
             yeare
             1059
             ,
             in
             such
             sort
             as
             that
             it
             must
             bee
             done
             by
             the
             Cardinall
             ●ishops
             ,
             and
             Cardinall
             Clerks
             ,
             (
             so
             they
             called
             them
             in
             those
             dayes
             )
             with
             the
             consent
             of
             the
             rest
             of
             the
             Clergy
             and
             people
             ;
             hee
             addes
             ,
             
             
               Saving
               the
               honour
               and
               reverence
               due
               to
               our
               welbeloved
               sonne
            
             Henry
             ,
             
               King
               at
               this
               present
               ,
               and
               who
               will
               be●
               Emperour
               ere
               long
               .
            
          
           
             16
             And
             this
             is
             so
             true
             that
             even
             his
             successours
             used
             to
             do
             so
             till
             Pope
             Gregorie
             the
             seventh
             ,
             who
             came
             to
             the
             Popedome
             in
             the
             yeare
             1073
             ,
             who
             received
             also
             his
             confirmation
             from
             the
             Emperour
             Henrie
             the
             fourth
             :
             witnesse
             Pl●tina
             ,
             
             
               In
               fine
            
             ,
             (
             saith
             he
             )
             
               after
               divers
               embussyes
               ,
               both
               upon
               one
               side
               and
               other
               ;
               the
               Emperour
               was
               reconciled
               to
            
             Gregory
             ,
             
               and
               confirmed
               him
               Pope
               ,
               as
               was
               then
               the
               custome
               of
               Emperours
               to
               doe
               .
            
          
           
             17
             The
             same
             Platina
             saith
             in
             the
             life
             of
             Alexander
             the
             second
             ,
             that
             a
             certaine
             Archbishop
             delegated
             on
             behalfe
             of
             the
             Emperour
             Henry
             the
             fourth
             ,
             
             
               reproved
               him
               very
               sharpelie
               ,
               for
               usurping
               the
               See
               of
            
             Rome
             
               without
               the
               Emperour●
               command
               ,
               contrarie
               to
               law
               and
               custome
               .
            
             It
             is
             true
             he
             addes
             that
             Archdeacon
             Hildebrand
             ,
             who
             was
             Pope
             after
             him
             ,
             and
             was
             called
             Gregorie
             the
             seventh
             ,
             
               defending
               the
               Popes
               cause
               ,
               said
               ,
               That
               if
               hee
               would
               consent
               with
               law
               and
               ancient
               custome
               ,
               the
               election
               of
               him
               belonged
               to
               the
               Clergy
               .
            
             And
             by
             these
             reasons
             brought
             over
             the
             Archbishop
             to
             his
             opinion
             .
             So
             that
             this
             was
             out
             of
             faint-heartednes
             ,
             and
             not
             by
             the
             truth
             of
             his
             reasons
             :
             for
             he
             himselfe
             that
             urged
             them
             ,
             when
             he
             was
             made
             Pope
             ,
             received
             his
             owne
             confirmation
             from
             the
             Emperour
             ,
             as
             wee
             have
             said
             .
          
           
             18
             The
             right
             of
             the
             Emperours
             in
             the
             election
             and
             confirmation
             of
             Popes
             being
             such
             ,
             there
             can
             bee
             nothing
             now
             alledged
             against
             these
             authorities
             but
             mere
             usurpation
             and
             violence
             ,
             which
             the
             succeeding
             Popes
             have
             used
             towards
             the
             Emperours
             to
             deprive
             them
             of
             it
             .
             For
             after
             all
             these
             there
             was
             no
             more
             neither
             contracts
             nor
             agreements
             about
             this
             subject
             .
          
        
         
           
           
             CHAP.
             IX
             .
             Of
             the
             election
             and
             investiture
             of
             other
             Bishops
             .
          
           
             1
             LEt
             us
             speake
             now
             of
             other
             Bishops
             .
             
             The
             Patriarchs
             were
             created
             also
             by
             the
             Emperour
             ,
             or
             at
             least
             by
             his
             consent
             and
             approbation
             .
             Balsamon
             the
             Patriarch
             of
             Antioch
             gives
             testimonie
             of
             it
             .
             
             
               The
               Orthodox
               Emperours
               ,
               who
               by
               the
               invocation
               of
               the
               blessed
               Trinitie
               ,
               preferre
               the
               Patriarchs
               ,
               and
               are
               the
               anointed
               of
               the
               Lord
               ,
               goe
               in
               to
               the
               sacred
               altar
               when
               they
               will.
            
             As
             for
             other
             Bishops
             ,
             we
             have
             learned
             from
             the
             Canons
             before
             alledged
             ,
             that
             the
             approbation
             and
             investiture
             of
             them
             belongs
             to
             the
             Emperours
             ,
             and
             they
             were
             wont
             so
             to
             use
             them
             even
             with
             the
             consent
             of
             the
             Popes
             and
             Synods
             .
          
           
             2
             The
             authoritie
             which
             the
             Councell
             of
             Trent
             gives
             to
             the
             Pope
             at
             this
             day
             ,
             to
             dispose
             of
             dignities
             and
             Prelacies
             ,
             belonged
             anciently
             to
             the
             Emperours
             ;
             yea
             and
             that
             in
             such
             sort
             as
             the
             Popes
             themselves
             never
             came
             in
             competition
             with
             them
             for
             it
             ;
             but
             all
             the
             power
             which
             they
             had
             in
             that
             respect
             proceeded
             from
             the
             commission
             ,
             delegation
             ,
             or
             grant
             of
             the
             Emperours
             .
             They
             are
             the
             Popes
             owne
             Canons
             which
             say
             so
             .
             Leo
             the
             fourth
             ,
             
             in
             Gratians
             Decrees
             ,
             entreats
             the
             Emperours
             Lewes
             and
             Lotharius
             ,
             that
             they
             would
             bestow
             the
             Bishoprique
             of
             Riete
             upon
             a
             certaine
             Deacon
             called
             Colonus
             ,
             and
             to
             be
             pleased
             that
             
               with
               their
               leave
               and
               permission
               hee
               might
               consecrate
               him
               Bishop
               .
            
             Which
             was
             granted
             him
             ,
             as
             appeares
             by
             the
             letter
             which
             the
             Pope
             writ
             to
             the
             Countesse
             of
             Riete
             about
             it
             :
             
             
               The
               Emperour
               and
               Emperesse
            
             (
             saith
             he
             )
             
               enjoyned
               me
               by
               their
               letters
               to
               make
            
             Colonus
             
               Bishop
               of
            
             Riete
             ,
             
               which
               I
               have
               done
               accordingly
            
             .
          
           
             3
             Guido
             Earle
             of
             the
             same
             Citie
             ,
             by
             his
             letter
             entreated
             Pope
             Stephen
             ,
             that
             hee
             would
             consecrate
             a
             Bishop
             that
             had
             beene
             chosen
             by
             the
             Clergy
             and
             people
             ;
             that
             so
             the
             Church
             might
             not
             continue
             any
             long
             space
             without
             a
             Pastor
             .
             To
             whom
             hee
             made
             answer
             ,
             
             
               Wee
               could
               not
               consecrate
               him
               so
               soone
               as
               you
               desired
               ,
               because
               hee
               brought
               us
               not
               the
               Emperours
               letters
               containing
               his
               pleasure
               therein
               ,
               as
               the
               custome
               is
               ,
               by
               reason
               whereof
               wee
               are
               perplexed
               .
               But
               we
               advise
               you
               ,
               seeing
               wee
               can
               doe
               no
               otherwise
               in
               this
               case
               ,
               to
               procure
               the
               Emperors
               licence
               ,
               as
               the
               ancient
               custome
               is
               ,
               and
               his
               letters
               directed
               unto
               us
               :
               so
               shall
               wee
               not
               faile
               to
               satisfie
               your
               desire
               ,
               and
               to
               consecrate
               him
               that
               was
               elected
               .
            
          
           
             4
             
               St.
               Gregory
            
             ,
             in
             the
             same
             Decret
             of
             Gratian
             makes
             his
             complaint
             to
             the
             Empresse
             Constantia
             ,
             how
             the
             Bishop
             of
             Salona
             ,
             which
             some
             call
             Spalato
             at
             this
             day
             ,
             had
             beene
             consecrated
             by
             another
             than
             himselfe
             ,
             and
             how
             upon
             that
             occasion
             he
             had
             suspended
             him
             from
             celebrating
             Masse
             ,
             
             
               till
               such
               time
            
             (
             saith
             he
             )
             
               as
               I
               shall
               haue
               understood
               from
               my
               most
               Illustrio●s
               Lords
               ,
               whether
               they
               commanded
               him
               so
               to
               doe
               .
            
             Hee
             afterwards
             addes
             ,
             
               For
               all
               this
               he
               doth
               not
               forbeare
               celebrating
               of
               masses
               ,
               and
               that
               hee
               would
               not
               come
               unto
               him
               ,
               according
               to
               the
               Emperours
               command
               .
            
          
           
             5
             In
             the
             Canon
             Principali
             ,
             
             Pope
             Pelagius
             the
             first
             or
             second
             writes
             to
             the
             Bishop
             of
             Forcella
             ,
             how
             he
             had
             received
             a
             letter
             or
             commission
             from
             the
             Emperour
             ,
             called
             Sacra
             ,
             whereby
             he
             was
             commanded
             to
             create
             a
             Priest
             ,
             a
             Deacon
             ,
             and
             a
             Subdeacon
             in
             that
             City
             :
             in
             obedience
             whereunto
             hee
             commanded
             the
             
             said
             Bishop
             to
             proceed
             to
             the
             ordination
             .
             
             Gregory
             the
             thirteenth
             in
             his
             new
             purgation
             of
             the
             Canon
             law
             ,
             saith
             that
             the
             consecration
             spoken
             of
             in
             this
             Canon
             was
             made
             upon
             the
             Emperours
             demand
             .
             He
             should
             have
             said
             by
             the
             Emperours
             command
             .
             For
             it
             is
             in
             the
             text
             praecepit
             ,
             and
             not
             petiit
             .
          
           
             
             6
             Gregory
             the
             Great
             speake●
             in
             another
             place
             of
             a
             Bishop
             of
             Locri
             elected
             by
             common
             consent
             of
             a
             Councell
             ,
             and
             assisted
             by
             the
             Emperours
             pleasure
             ,
             in
             the
             yeare
             of
             the
             Lord
             1046.
             
             Gregory
             the
             sixt
             created
             Odilo
             Abbat
             of
             Cluny
             ,
             Archbishop
             of
             Lyons
             by
             his
             owne
             proper
             authoritie
             ,
             sending
             him
             the
             Pall
             and
             the
             Ring
             ,
             which
             he
             received
             ;
             yet
             without
             accepting
             of
             the
             Dignitie
             ,
             saying
             he
             would
             reserve
             it
             for
             him
             that
             should
             bee
             chosen
             Archbishop
             .
             At
             the
             same
             time
             the
             Emperour
             Henry
             the
             third
             ,
             
             to
             whom
             Lyons
             then
             belonged
             as
             an
             Imperiall
             Citie
             ,
             
               was
               perswaded
               as
               well
               by
               the
               Bishops
               as
               by
               all
               the
               people
               ,
               to
               ordaine
            
             Odolricus
             
               Archbishop
               thereof
               ,
               who
               was
               Archdeacon
               of
            
             Langres●
             
               a
               man
               worthy
               such
               a
               charge
               :
               which
               he
               did
               .
            
          
           
             
             7
             The
             same
             Emperour
             made
             an
             Edict
             against
             Simoniacall
             persons
             ,
             where
             he
             urgeth
             this
             reason
             :
             
               As
               God
               hath
               freely
               given
               me
               the
               Crowne
               of
               the
               Empire
               ,
               so
               will
               I
               freely
               bestow
               that
               which
               belongs
               unto
               his
               religion
               ,
               and
               will
               have
               you
               also
               to
               doe
               the
               like
               ,
            
             saith
             he
             ,
             speaking
             unto
             the
             Bishops
             whom
             hee
             had
             assembled
             in
             a
             Councell
             to
             provide
             against
             that
             contagion
             which
             was
             so
             rife
             in
             those
             dayes
             ;
             and
             having
             found
             them
             all
             almost
             spotted
             with
             that
             disease
             ,
             having
             pitie
             on
             them
             he
             gave
             them
             this
             comfort
             .
             
             
               Goe
               your
               wayes
            
             (
             saith
             he
             )
             
               and
               endeavour
               honestly
               to
               distribute
               what
               you
               have
               unlawfully
               received
               :
               and
               pray
               to
               God
               for
               my
               fathers
               soule
               ,
               who
               is
               guilty
               of
               this
               fault
               as
               well
               as
               you
               .
            
             Therefore
             the
             Emperour
             Conrade
             ,
             his
             father
             ,
             created
             those
             Bishops
             ,
             though
             it
             were
             by
             Simony
             .
          
           
             8
             All
             the
             rest
             of
             the
             Emperours
             that
             lived
             both
             before
             and
             after
             him
             had
             the
             same
             power
             of
             chusing
             or
             confirming
             Bishops
             and
             other
             Ecclesiasticall
             Prelats
             ,
             
             or
             of
             approving
             them
             by
             putting
             them
             in
             possession
             of
             such
             dignities
             ,
             by
             granting
             them
             investitures
             into
             them
             .
             Helmodius
             a
             Priest
             and
             historian
             makes
             Vicelin
             Bishop
             of
             Aldembourg
             speake
             thus
             .
             
               To
               invest
               Bishops
               belongs
               onely
               to
               the
               Imperiall
               Majesty
               .
            
             He
             puts
             the
             same
             language
             in
             the
             mouth
             of
             the
             Archbishop
             and
             Clergie
             of
             
               Breme
               :
               The
               investiture
               of
               Bishops
               is
               permitted
               onely
               to
               the
               Imperiall
               dignity
               .
            
             A
             certaine
             Bishop
             of
             Germany
             in
             a
             treatise
             made
             by
             him
             of
             the
             Investiture
             of
             Bishops
             ,
             the
             yeare
             1109
             ,
             saith
             amongst
             other
             things
             ,
             That
             Gregory
             
               the
               great
               writ
               to
            
             Theodorick
             ,
             Theodebert
             ,
             and
             Brunedulde
             (
             
               Kings
               and
               Queene
               of
            
             France
             )
             
               to
               make
               their
               investitures
               of
               Bishops
               without
               Simony
               .
            
             He
             saith
             also
             
               that
               Pope
            
             Iohn
             
               confirmed
               the
               investiture
               of
               the
               Bishoprique
               of
            
             Liege
             
               which
               King
            
             Charles
             
               had
               granted
               to
               an
               Abbat
               whose
               name
               was
            
             Richard.
             
          
           
             9
             An
             infinite
             number
             of
             *
             Historians
             and
             other
             ancient
             Authors
             besides
             doe
             testifie
             that
             the
             Emperours
             bestowed
             Bishopriques
             and
             Abbeyes
             ,
             and
             gave
             the
             investitures
             of
             them
             .
             I
             shall
             content
             my selfe
             with
             putting
             down
             some
             of
             the●●
             in
             the
             margent
             ,
             without
             relating
             what
             they
             say
             of
             it
             ,
             considering
             it
             is
             a
             thing
             sufficiently
             knowne
             .
          
           
             10
             The
             Emperours
             enjoyed
             this
             right
             peaceably
             without
             any
             controversi●
             till
             the
             time
             of
             Gregory
             the
             seventh
             ,
             who
             though
             himselfe
             had
             received
             his
             confirmation
             from
             the
             hands
             of
             Henry
             the
             fourth
             ,
             as
             wee
             have
             said
             ,
             yet
             with
             the
             advice
             of
             a
             Synod
             ,
             he
             thundered
             out
             an
             a
             excommunication
             against
             all
             Em●perours
             ,
             Kings
             ,
             Dukes
             ,
             Marquesses
             ,
             Earles
             ,
             and
             other
             secular
             powers
             or
             person
             who
             should
             adventure
             to
             conferre
             investitures
             of
             Bishopriques
             and
             other
             Ec●clesiasticall
             dignities
             ;
             and
             against
             such
             as
             should
             receive
             them
             at
             their
             hands●
             Which
             Decree
             serves
             now
             adaies
             for
             an
             inviolable
             law
             unto
             his
             successours
             being
             inrolled
             in
             their
             bookes
             .
             And
             wee
             may
             truly
             say
             this
             was
             the
             flame
             tha●
             gave
             fire
             to
             those
             seditions
             ,
             warres
             ,
             and
             other
             bickerings
             betwixt
             the
             Pope
             and
             Emperours
             ,
             which
             have
             consumed
             all
             Christendome
             ,
             and
             which
             engen●dred
             nought
             since
             but
             disorder
             and
             confusion
             .
          
           
           
             11
             I
             will
             not
             stay
             to
             relate
             the
             histories
             of
             all
             that
             hath
             passed
             concerning
             this
             subject
             ,
             
             because
             they
             are
             sufficiently
             knowne
             to
             every
             bodie
             :
             save
             onely
             what
             passed
             betwixt
             Pope
             Paschall
             the
             second
             and
             the
             Emperour
             Henry
             the
             fift
             ,
             whom
             they
             hold
             to
             have
             renounced
             this
             right
             to
             the
             prejudice
             of
             his
             successours
             .
             This
             Pope
             made
             an
             obligation
             to
             this
             Emperour
             about
             investitures
             ,
             in
             these
             termes
             .
             Pope
             Paschal
             
               granteth
               unto
               the
               Emperour
            
             Henry
             
               and
               to
               his
               kingdome
               as
               his
               priviledge
               ,
               inviolable
               ,
               and
               in
               the
               person
               of
               the
               Bishop
               or
               Abbat
               elected
               freely
               without
               Simony
               ,
               the
               same
               will
               corroborate
               and
               confirme
               ,
               with
               consent
               of
               the
               said
               Emperour
               ,
               that
               it
               shall
               belong
               unto
               the
               said
               Emperour
               to
               invest
               them
               by
               giving
               of
               a
               ring
               and
               crosier
               staffe
               :
               and
               that
               the
               Bishop
               or
               Abbat
               thus
               invested
               shall
               freely
               receive
               consecration
               from
               that
               Bishop
               to
               whom
               it
               shall
               belong
               to
               give
               it
               .
               But
               if
               any
               be
               elected
               by
               the
               Clergy
               and
               people
               ,
               unlesse
               he
               be
               invested
               by
               the
               Emperour
               ,
               he
               shall
               not
               be
               consecrated
               by
               any
               man
               :
               and
               the
               Archbishops
               and
               Bishops
               shall
               freely
               consecrate
               those
               that
               are
               invested
               by
               the
               Emperour
               .
            
             Hee
             set
             out
             another
             Bull
             and
             constitution
             besides
             ,
             pretty
             large
             ,
             containing
             for
             substance
             the
             same
             with
             the
             former
             script
             ,
             which
             we
             read
             in
             histories
             entire
             .
          
           
             12
             All
             this
             is
             now
             condemn'd
             as
             a
             nullitie
             ,
             and
             accused
             of
             force
             and
             violence
             ;
             being
             made
             by
             a
             prisoner
             and
             captive
             Pope
             .
             Besides
             ,
             the
             repeale
             thereof
             is
             alledged
             ,
             which
             was
             made
             presently
             after
             by
             the
             Councels
             of
             Lateran
             and
             Vienna
             under
             the
             same
             Pope
             ,
             and
             almost
             at
             the
             same
             time
             .
             That
             of
             Lateran
             calleth
             this
             priviledge
             granted
             unto
             Henry
             a
             praviledge
             ,
             playing
             upon
             the
             word
             ,
             condemnes
             it
             ,
             casseth
             ,
             and
             declares
             it
             a
             nullitie
             ;
             yea
             and
             excommunicates
             it
             .
             
               We
               condemne
               it
            
             (
             say
             they
             )
             
               we
               judge
               it
               null
               ,
               and
               utterly
               cashiere
               it
               ,
               and
               for
               feare
               lest
               it
               should
               have
               any
               authoritie
               and
               e●f●cacy
               ,
               wee
               absolutely
               excommunicate
               it
               .
            
             That
             of
             Vienna
             useth
             the
             like
             condemnation
             ,
             and
             goeth
             yet
             further
             ,
             declaring
             investitures
             to
             be
             hereticall
             .
             Behold
             the
             words
             .
             
               Following
               the
               authority
               of
               the
               Church
               of
            
             Rome
             ,
             
               wee
               judge
               investitures
               of
               Bishopriques
               ,
               Abbeyes
               and
               other
               Churches
               to
               be
               a
               heresie
               .
            
             It
             pronounceth
             also
             the
             same
             Emperour
             accursed
             .
             
               We
               excommunicate
               him
            
             (
             saith
             it
             )
             
               wee
               anathematize
               him
               ,
               and
               cast
               him
               out
               of
               the
               bosome
               of
               the
               holy
               mother
               Church
               .
            
          
           
             13
             Such
             was
             the
             fury
             of
             the
             See
             of
             Rome
             against
             this
             poore
             Emperour
             ,
             that
             the
             Legats
             trotted
             over
             all
             parts
             of
             Christendome
             to
             cause
             the
             like
             excommunications
             to
             proceed
             against
             him
             ,
             as
             an
             ancient
             writing
             testifies
             which
             Mr.
             
               Francis
               Iuret
            
             hath
             inserted
             in
             his
             notes
             upon
             the
             Epistles
             of
             Ivo
             Bishop
             of
             
               Chartres
               .
               The
               yeare
               one
               thousand
               one
               hundred
               and
               fourteene
            
             Cono
             
               Bishop
               of
            
             Pilastrine
             
               and
               Legat
               of
               the
               See
               Apostolique
               ,
               did
               anathematize
               the
               said
               King
            
             Henry
             at
             Beauvais
             
               at
               a
               Councell
               by
               him
               there
               holden
               ,
               and
               at
               the
               next
               Lent.
               He
               condemned
               the
               same
            
             Henry
             
               in
               a
               Councell
               holden
               at
            
             Rhemes
             .
             Conon
             
               condemned
               King
            
             Henry
             at
             Cullen
             
               in
               the
               Church
               of
               St.
            
             Gereon
             .
             Conon
             
               condemned
               the
               same
               King
               in
               a
               fourth
               Councell
               holden
               by
               him
               at
            
             Chalons
             .
          
           
             14
             See
             here
             is
             enough
             to
             put
             him
             in
             a
             fright
             ,
             
             but
             they
             must
             trouble
             England
             too
             about
             it
             .
             For
             Anselme
             Bishop
             of
             Canterbury
             having
             received
             the
             decree
             of
             the
             Councell
             of
             Lateran
             ,
             did
             his
             endeavour
             to
             make
             it
             be
             observed
             ,
             by
             degrading
             certaine
             Abbats
             and
             Priours
             ,
             who
             had
             taken
             their
             investitures
             from
             lay
             hands
             .
          
           
             15
             This
             poore
             Emperour
             ,
             abandoned
             almost
             by
             all
             the
             world
             ,
             and
             combated
             even
             by
             his
             owne
             subjects
             ,
             especially
             by
             the
             Clergie
             ,
             was
             constrained
             to
             renounce
             the
             right
             of
             his
             predecessors
             ,
             and
             to
             quit
             claime
             the
             investitures
             to
             the
             Pope
             ,
             by
             a
             goodly
             declaration
             which
             he
             made
             concerning
             it
             ;
             see
             here
             the
             words
             .
             
             I
             Henry
             
               by
               the
               grace
               of
               God
               Emperour
               of
            
             Rome
             ,
             
               for
               the
               love
               of
               God
               ,
               of
               the
               holy
            
             Roman
             
               Church
               ,
               and
               of
               Pope
            
             Calixt
             ,
             
               and
               for
               the
               benefit
               of
               my
               soule
               ,
               doe
               restore
               unto
               God
               ,
               and
               to
               his
               blessed
               Apostles
            
             Peter
             and
             Paul
             ,
             
               and
               to
               the
               holy
               Catholique
               Church
               all
               kinde
               of
               investiture
               made
               by
               the
               ring
               and
               the
               staffe
               ,
               and
               permit
               that
               elections
               and
               free
               consecrations
               be
               made
               in
               all
               Churches
               .
            
             The
             Pope
             on
             
             the
             other
             side
             made
             this
             declaration
             unto
             him
             .
             
             Calixt
             ,
             
               servant
               of
               the
               servants
               of
               God
               ,
               to
               his
               welbeloved
               sonne
            
             Henry
             ,
             
               by
               the
               grace
               of
               God
               Emperour
               of
               the
            
             Romans
             .
             
               I
               grant
               that
               the
               elections
               of
               the
               Bishops
               and
               Abbats
               of
            
             Germany
             ,
             
             
               which
               belong
               to
               the
               Empire
               ,
               be
               made
               in
               your
               presence
               without
               Symony
               and
               violence
               ;
               to
               the
               end
               that
               if
               any
               discord
               chance
               to
               arise
               betwixt
               the
               parties
               ,
               you
               may
               give
               your
               consent
               and
               assistance
               to
               the
               sounder
               side
               ,
               by
               the
               Counsell
               ,
               or
               judgement
               of
               the
               Metropolitan
               and
               Provincials
               .
               And
               that
               hee
               who
               shall
               bee
               elected
               may
               receive
               from
               you
               the
               Royalties
               by
               the
               Scepter
               ,
               excepting
               all
               such
               as
               belong
               to
               the
               Church
               of
            
             Rome
             ,
             
               and
               that
               he
               doe
               unto
               you
               all
               which
               he
               is
               bound
               by
               right
               to
               doe
               .
               And
               hee
               that
               shall
               be
               consecrated
               in
               other
               parts
               of
               the
               Empire
               ,
               shall
               be
               bound
               to
               receive
               the
               Royalties
               of
               you
               by
               the
               Scepter
               within
               six
               moneths
               .
            
             Hee
             calls
             the
             fiefs
             and
             other
             rights
             which
             the
             Bishops
             hold
             of
             the
             Empire
             ,
             Royalties
             .
          
           
             16
             The
             question
             is
             now
             whether
             this
             renunciation
             be
             valid
             ,
             and
             whether
             it
             could
             prejudice
             his
             successors
             .
             No
             good
             lawyer
             will
             ever
             pronounce
             for
             it
             .
             First
             ,
             in
             as
             much
             as
             the
             Councels
             aforesaid
             cancelled
             the
             obligation
             of
             Pope
             Paschal
             as
             made
             by
             impression
             and
             violence
             ,
             this
             renunciation
             of
             the
             Empire
             stands
             void
             by
             the
             same
             reason
             ;
             considering
             he
             was
             brought
             to
             that
             extremitie
             by
             the
             noise
             of
             those
             thunderbolts
             hurled
             by
             the
             See
             of
             Rome
             in
             all
             parts
             of
             the
             world
             ,
             and
             by
             the
             revolt
             of
             his
             subjects
             seduced
             by
             the
             abuse
             of
             these
             spirituall
             remedies
             ,
             and
             by
             the
             warre
             which
             was
             stirred
             up
             against
             him
             ,
             to
             preserve
             and
             defend
             himselfe
             from
             an
             ignominious
             authoration
             ,
             and
             to
             procure
             the
             repeale
             of
             those
             anathema's
             which
             vexed
             his
             soule
             ,
             how
             ever
             unjust
             ,
             he
             was
             compeld
             to
             disclaime
             his
             rights
             .
          
           
             17
             Now
             this
             force
             and
             necessitie
             appears
             by
             that
             testimonie
             of
             Otho
             Bishop
             of
             
               Freisinger
               .
               Wherefore
            
             (
             saith
             he
             )
             
               the
               Empire
               being
               dismembred
               ,
               and
               broken
               many
               wayes
               ,
               the
               Emperour
               perceiving
               that
               the
               King
               revolted
               from
               him
               ,
               because
               of
               the
               anathema
               pronounced
               against
               him
               ,
               and
               fearing
               his
               fathers
               example
               ,
               having
               called
               a
               great
               assembly
               of
               Princes
               together
               at
            
             Wormes
             ,
             
               hee
               resigned
               the
               investiture
               of
               Bishops
               to
            
             Lampert
             
               Legat
               of
               the
               See
               Apostolique
            
             .
             The
             revolt
             against
             him
             was
             such
             ,
             that
             his
             owne
             nephewes
             did
             abandon
             him
             (
             saith
             the
             Abbat
             of
             Vsperge
             )
             who
             addes
             these
             words
             ,
             the
             true
             tokens
             of
             this
             violence
             .
             
             
               He
               surrendred
               Ecclesiasticall
               investitures
               unto
               the
               Church
               ,
               and
               all
               other
               spirituall
               matters
               ,
               which
               the
               Emp●rours
               of
            
             Germany
             
               had
               so
               long
               managed
               ,
               and
               which
               hee
               had
               purposed
               ,
               for
               the
               not
               impairing
               the
               honour
               of
               the
               Empire
               ,
               never
               to
               forgoe
               so
               long
               as
               he
               liv'd
               .
            
             No
             man
             can
             say
             but
             an
             injust
             anathema
             is
             an
             unlawfull
             force
             ,
             a
             violent
             impression
             ;
             and
             what
             is
             done
             by
             occasion
             thereof
             is
             lyable
             to
             restitution
             .
          
           
             18
             The
             termes
             of
             this
             surrender
             doe
             elsewhere
             shew
             it
             to
             be
             personall
             ,
             and
             that
             it
             layes
             no
             obligation
             upon
             his
             successors
             .
             It
             is
             the
             exposition
             which
             was
             put
             upon
             it
             in
             those
             dayes
             :
             witnesse
             the
             same
             Bishop
             of
             Freisinger
             .
             
             
               This
               priviledge
               therefore
               is
               set
               downe
               in
               writing
               for
               the
               Church
               ,
               and
               it
               is
               granted
               to
               him
               by
               way
               of
               exchange
               by
               the
               Pope
               ,
               that
               those
               who
               shal●
               be
               elected
               as
               well
               on
               this
               side
               as
               you
               side
               the
               mountaines
               ,
               shall
               not
               be
               consecrated
               Bishops
               till
               they
               have
               received
               the
               Royalties
               from
               his
               hands
               ,
               and
               by
               the
               Scepter
               .
               Which
               the
            
             Romans
             
               say
               was
               granted
               for
               quietnesse
               sake
               ,
               and
               to
               him
               onely
               ,
               not
               to
               his
               successors
               .
            
             Seeing
             by
             their
             confession
             the
             compact
             is
             no
             more
             but
             personall
             ,
             for
             as
             much
             as
             concernes
             what
             was
             granted
             to
             the
             Emperour
             ,
             by
             the
             same
             reason
             they
             must
             acknowledge
             it
             is
             just
             so
             in
             regard
             of
             what
             was
             granted
             to
             the
             Pope
             .
          
           
             19
             So
             the
             Emperours
             which
             reigned
             after
             him
             complain'd
             of
             injustice
             ,
             even
             Lotharius
             the
             fourth
             ,
             the
             successor
             of
             the
             same
             Henry
             against
             Innocent
             the
             second
             ,
             witnesse
             the
             Abbat
             of
             Vsperge
             ,
             
             
               At
               this
               time
            
             (
             saith
             he
             )
             
               the
               Pope
               went
               to
               finde
               the
               Emperour
               at
            
             Leiege
             ,
             
               demanding
               assistance
               and
               favour
               of
               him
               against
               ,
               the
               said
            
             Peter
             
               and
               his
               abettors
               ;
               but
               the
               Emperour
               having
               taken
               advice
               what
               hee
               should
               answer
               ,
               begunne
               to
               redemand
               of
               the
               Pope
               the
               investitures
               of
               Bishopriques
               ,
               which
               the
               Emperours
               had
               enjoyed
               for
               a
               long
               time
               before
               .
            
             The
             same
             was
             done
             
             by
             Otho
             the
             fourth
             .
             
             Which
             a
             German
             Historian
             signifies
             unto
             us
             by
             these
             words
             ,
             speaking
             of
             the
             dissention
             of
             that
             Emperour
             and
             Pope
             Innocent
             the
             third
             ;
             
             
               As
               for
               the
               Pope
            
             (
             saith
             he
             )
             
               the
               reason
               of
               it
               might
               bee
               ,
               because
               the
               Emperour
               redemanded
               the
               ancient
               imperiall
               rights
               over
            
             Italy
             ;
             
               some
               whereof
               had
               beene
               lately
               transfer'd
               unto
               the
               Church
               .
            
             
             But
             Marsilius
             of
             Padua
             affirmes
             it
             more
             clearly
             ,
             speaking
             also
             of
             the
             Emperour
             Frederick
             the
             second●
             Otho
             fourth●
             (
             saith
             hee
             )
             and
             Frederick
             
               the
               second
               ,
               when
               they
               would
               have
               repealed
               ,
               it
               may
               be
               for
               lawfull
               causes
               ,
               these
               grants
               and
               priviledges
               ,
            
             (
             he
             speaks
             of
             Investitures
             )
             
               or
               indeed
               repealing
               them
               absolutelie
               ,
               or
               in
               part
               ,
               they
               endured
               many
               plots
               ,
               persecutions
               ,
               and
               impediments
               from
               the
               Clergy
               and
               Bishops
               of
            
             Rome
             .
          
           
             20
             As
             for
             those
             Councels
             which
             were
             the
             cause
             of
             this
             renunciation
             ,
             and
             pronounced
             the
             Emperour
             anathema
             ,
             depriving
             him
             of
             Investitures
             ,
             it
             must
             be
             observed
             ,
             upon
             what
             grounds
             they
             stand
             .
             They
             deprive
             an
             Emperour
             of
             the
             right
             of
             Investitures
             without
             hearing
             him
             ,
             without
             summoning
             him
             .
             See
             here
             an
             injustice
             !
             They
             condemne
             Investitures
             as
             hereticall
             ;
             they
             condemne
             then
             Pope
             Adrian
             the
             first
             ,
             and
             all
             his
             Councell
             ,
             of
             heresie
             ,
             who
             granted
             them
             to
             Charles
             the
             Great
             ;
             Leo
             the
             eight
             and
             his
             Councell
             ,
             who
             granted
             them
             to
             Otho
             ;
             as
             also
             all
             other
             Popes
             who
             tolerated
             them
             ,
             yea
             even
             those
             who
             approv'd
             them
             ,
             of
             whom
             we
             have
             spoken
             already
             .
          
           
             21
             And
             upon
             this
             point
             we
             must
             heare
             what
             our
             good
             Bishop
             of
             Chartres
             ,
             that
             great
             Pope-Monk
             saith
             ,
             who
             is
             much
             troubled
             to
             defend
             this
             condemnation
             of
             heresie●
             and
             implication
             of
             horrible
             contradictions
             .
             For
             in
             his
             epistles
             making
             answer
             to
             Iohn
             Archbishop
             of
             Lyons
             ,
             who
             reprehended
             herein
             the
             fathers
             of
             this
             Councell
             of
             Vienna
             :
             
               Whereas
               (
               saith
               he
               )
               you
               reprehend
               those
               that
               ranke
               the
               investitures
               of
               Ecclesiasticall
               dignities
               made
               by
               Lay
               men
               amongst
               the
               number
               of
               heresies
               ,
               it
               seemes
               there
               is
               no
               great
               force
               in
               your
               reprehension
               For
               although
               hereticall
               errour
               lodge
               in
               the
               heart
               ,
               as
               well
               as
               Catholique
               faith
               :
               yet
               notwithstanding
               as
               we
               know
               a
               Catholique
               by
               his
               Catholique
               works
               ,
               so
               wee
               know
               an
               heretique
               by
               his
               hereticall
               works
               .
               God
               hath
               said
               ,
               by
               their
               fruits
               yee
               shall
               know
               them
               :
               and
               every
               tree
               is
               knowne
               by
               his
               fruit
               .
               And
               although
               externall
               investitures
               made
               by
               Lay
               men
               ,
               cannot
               be
               properly
               judged
               heresies
               :
               yet
               to
               bee
               of
               opinion
               ,
               and
               to
               maintain
               that
               they
               are
               lawful
               ,
               is
               an
               undoubted
               heresie
               .
            
             This
             is
             not
             said
             with
             sufficient
             reason
             .
             For
             the
             Councell
             saith
             ,
             Investiture
             is
             an
             heresie
             ,
             and
             he
             makes
             no
             answer
             to
             that
             .
             If
             it
             bee
             an
             heresie
             ,
             then
             it
             follows
             as
             wee
             said
             ,
             that
             those
             precedent
             Popes
             and
             Councels
             that
             authorized
             them
             ;
             yea
             ,
             (
             to
             take
             in
             all
             that
             is
             in
             Ivo's
             answere
             )
             that
             were
             of
             opinion
             they
             might
             and
             ought
             to
             bee
             given
             by
             the
             Emperours
             ,
             were
             truly
             heretiques
             .
          
           
             22
             This
             Bishop
             makes
             us
             behold
             this
             heresie
             of
             another
             colour
             ,
             (
             so
             much
             paines
             does
             he
             take
             to
             defend
             a
             bad
             cause
             !
             )
             for
             he
             judgeth
             it
             an
             heresie
             in
             case
             the
             Lay
             man
             which
             performes
             it
             ,
             doe
             thinke
             it
             to
             bee
             a
             Sacrament
             .
             
               If
               any
               Lay
               man
            
             (
             saith
             he
             )
             
               fall
               into
               this
               follie
               ,
               that
               he
               thinks
               he
               can
               administer
               a
               Sacrament
               or
               a
               thing
               belonging
               to
               a
               Sacrament
               of
               the
               Church
               ,
               by
               the
               giving
               and
               taking
               of
               a
               rod
               ;
               wee
               judge
               him
               an
               absolute
               heretique
               ;
               not
               for
               his
               manuall
               investiture
               ,
               but
               for
               hi●
               diabolicall
               opinion
               .
            
             Verily
             so
             should
             a
             Priest
             bee
             too
             ,
             that
             should
             beleeve
             his
             ●urre
             ,
             his
             surple●●e
             ,
             or
             his
             square
             cap
             to
             bee
             a
             Sacrament
             .
             And
             yet
             hee
             must
             not
             therefore
             be
             devested
             of
             them
             .
             In
             that
             epistle
             hee
             notes
             no
             other
             heresie
             in
             investitures
             ,
             but
             urgeth
             many
             reasons
             to
             prove
             they
             are
             not
             so
             ;
             yet
             notwithstanding
             he
             concludes
             that
             Princes
             must
             be
             deprived
             of
             them
             ;
             Because
             (
             saith
             he
             )
             
               being
               performed
               by
               Lay
               men
               ,
               it
               is
               an
               usurpation
               upon
               another
               mans
               right
               ,
               a
               sacrilegious
               presumption
               .
            
             Hee
             speaks
             thus
             to
             maintaine
             the
             cause
             of
             the
             Pope
             and
             the
             Councell
             ,
             right
             or
             wrong
             .
          
           
             23
             But
             let
             us
             hear
             what
             he
             saith
             of
             it
             formerly
             ,
             when
             he
             was
             in
             cold
             bloud
             ,
             in
             an
             Epistle
             of
             his
             written
             to
             Hugh
             Archbishops
             of
             Lyons
             ;
             
               As
               for
               that
               
               which
               you
               writ
               unto
               me
               ,
               
               how
               the
               said
               party
               elect
               received
               Investiture
               into
               his
               Bishoprique
               from
               the
               Kings
               hands
               ,
               wee
               knew
               nothing
               of
               it
               ,
               nor
               was
               it
               told
               unto
               us
               by
               any
               body
               .
               But
               although
               it
               were
               so
               ,
               yet
               considering
               that
               hath
               no
               force
               of
               a
               sacrament
               ,
               to
               make
               a
               Bishop
               whether
               it
               bee
               done
               or
               not
               done
               ,
               I
               doe
               not
               see
               wherein
               it
               can
               be
               hurtfull
               to
               faith
               and
               religion
               :
               yea
               we
               doe
               not
               finde
               that
               by
               Apostolicall
               authoritie
               Kings
               are
               forbidden
               to
               grant
               Bishopriques
               after
               Canonicall
               election
               .
               
               For
               wee
               read
               that
               some
               Popes
               of
               good
               fame
               have
               become
               intercessours
               to
               Kings
               for
               those
               who
               had
               been
               elected
               unto
               Churches
               ,
               to
               get
               them
               to
               give
               them
               the
               Bishopriques
               :
               and
               that
               others
               have
               deferred
               the
               consecration
               ,
               because
               they
               had
               not
               yet
               received
               the
               Princes
               consent
               .
               I
               would
               have
               set
               downe
               the
               examples
               hereof
               ,
               were
               it
               not
               that
               I
               desire
               to
               avoid
               prolixitie
               in
               my
               letter
               .
               So
               Pope
               Vrban
               ,
               as
               we
               understand
               ,
               excludes
               Kings
               only
               from
               the
               corporall
               investiture
               ,
               but
               not
               from
               the
               election
               ,
               for
               asmuch
               as
               they
               are
               heads
               of
               the
               people
               ,
               or
               of
               the
               grant
               :
               although
               the
               eight
               Synod
               forbids
               them
               onely
               to
               assist
               at
               the
               election
               ,
               but
               not
               at
               the
               deliverie
               ;
               which
               whether
               it
               bee
               done
               by
               the
               hand
               ,
               or
               by
               seale
               ,
               or
               by
               word
               of
               mouth
               ,
               or
               by
               the
               rod
               ,
               what
               matters
               it
               ?
               Seeing
               Kings
               doe
               not
               pretend
               to
               conferre
               any
               thing
               that
               is
               spirituall
               in
               it
               ,
               but
               only
               to
               consent
               unto
               the
               will
               of
               those
               that
               require
               them
               ;
               or
               to
               grant
               unto
               them
               Ecclesiasticall
               possessions
               and
               other
               externall
               goods
               which
               Churches
               hold
               by
               the
               liberalitie
               of
               Kings
               .
            
             As
             for
             the
             Sacrament
             of
             which
             he
             hath
             spoken
             now
             twice
             ,
             there
             was
             no
             question
             of
             that
             ,
             seeing
             that
             by
             former
             Councels
             the
             investiture
             was
             granted
             to
             Emperors
             and
             the
             consecration
             to
             Bishops
             .
          
           
             24
             What
             can
             be
             alleadged
             more
             in
             defence
             of
             these
             later
             Councels
             ?
             If
             any
             man
             will
             say
             that
             the
             Emperour
             Henry
             was
             justly
             deprived
             of
             this
             right
             ,
             because
             he
             had
             violated
             the
             holy
             See
             ,
             and
             had
             put
             Pope
             Paschal
             in
             prison
             :
             Wee
             will
             give
             two
             or
             three
             very
             pat
             answers
             to
             this
             objection
             .
             One
             ,
             that
             hee
             did
             no
             more
             but
             repell
             the
             injury
             which
             was
             done
             unto
             himselfe
             .
             For
             even
             in
             the
             Church
             ,
             and
             while
             he
             received
             the
             Eucharist
             from
             the
             Popes
             hands
             ,
             hee
             was
             like
             to
             have
             beene
             traiterously
             killed
             .
             Heare
             what
             the
             German
             Chronicles
             say
             of
             it
             ;
             
               While
               the
               Emperour
               received
               the
               Sacrament
               from
               the
               Popes
               hands
               ,
               behold
               one
               of
               the
               principall
               of
               the
               Clergy
               ,
               who
               was
               offended
               with
               that
               purpose
               which
               the
               Emperour
               had
               put
               on
               ,
               that
               he
               would
               maintaine
               the
               constitutions
               of
               his
               Predecessors
               ,
               stirred
               up
               a
               sedition
               and
               tumult
               in
               the
               temple
               ,
               beat
               off
               the
               guard
               of
               the
               Emperours
               body
               ,
               and
               went
               about
               to
               seaze
               upon
               him
               :
               who
               with
               much
               adoe
               saved
               himselfe
               ,
               repelling
               the
               force
               with
               his
               owne
               hands
               .
            
             And
             speaking
             of
             the
             same
             Emperour
             hee
             afterwards
             addes
             ,
             
               Hee
               got
               him
               presently
               into
               the
               Citie
               ,
               killed
               a
               great
               multitude
               of
               citizens
               and
               Clergy-men
               ,
               tooke
               the
               Pope
               prisoner
               .
            
             Elsewhere
             the
             Pope
             and
             Emperour
             were
             very
             good
             friends
             ,
             by
             meanes
             of
             the
             agreement
             made
             betwixt
             them
             ,
             of
             which
             wee
             have
             spoken
             already
             :
             yea
             in
             such
             sort
             that
             the
             Pope
             sealed
             it
             ,
             by
             delivering
             the
             body
             of
             Christ
             unto
             the
             Emperour
             ,
             
             
               By
               giving
               unto
               him
            
             (
             saith
             Sigebert
             )
             
               the
               body
               and
               bloud
               of
               our
               Lord
            
             Iesus
             Christ
             
               in
               the
               celebration
               of
               the
               masse
               .
               Wee
               give
               you
               this
               body
            
             (
             said
             hee
             )
             
               O
               Emperour
               ,
               in
               confirmation
               of
               the
               true
               peace
               betwixt
               me
               &
               you
               .
            
             And
             for
             a
             third
             answer
             ,
             his
             personal
             and
             particular
             fault
             could
             not
             prejudice
             the
             Empire
             and
             his
             Successours
             .
             But
             we
             have
             said
             enough
             of
             this
             point
             .
             It
             only
             remaines
             that
             some
             that
             can
             well
             manage
             it
             enter
             upon
             this
             inheritance
             .
             There
             will
             want
             no
             right
             ,
             if
             hee
             want
             no
             forces
             .
          
        
         
           
           
             CHAP.
             X.
             Of
             elections
             ,
             nominations
             ,
             and
             Investitures
             belonging
             to
             other
             Kings
             and
             Princes
             .
          
           
             1
             WE
             come
             now
             to
             other
             Princedomes
             ,
             
             reserving
             France
             to
             bee
             spoken
             of
             in
             the
             last
             place
             .
             The
             a
             twelfth
             Councel
             of
             Toledo
             grants
             election
             of
             Bishops
             to
             the
             King
             of
             Spaine
             ,
             which
             our
             Popes
             have
             registred
             in
             their
             b
             books
             .
             
               It
               was
               decreed
               by
               all
               the
               Bishops
               of
            
             Spaine
             and
             Gallicia
             ,
             
               that
               without
               any
               prejudice
               to
               the
               priviledges
               of
               every
               particular
               Province
               ,
               it
               shall
               be
               lawful
               hereafter
               for
               the
               Bishop
               of
            
             Toledo
             ,
             
               to
               receive
               and
               consecrate
               all
               such
               Bishops
               as
               the
               Royall
               power
               shall
               elect
               ,
               and
               that
               every
               such
               Bishop
               shall
               bee
               approved
               by
               his
               judgement
               .
            
             Which
             ,
             as
             c
             
               Lancelot
               Conrad
            
             witnesseth
             ,
             is
             observed
             and
             kept
             even
             at
             this
             day
             .
          
           
             2
             As
             for
             the
             Kings
             of
             England
             ,
             though
             they
             have
             often
             quarrelled
             with
             the
             Popes
             ,
             and
             the
             Clergy
             of
             the
             Kingdome
             about
             this
             point
             ,
             yet
             so
             it
             is
             that
             from
             age
             to
             age
             we
             alwaies
             finde
             them
             possessed
             of
             this
             right
             .
             For
             to
             goe
             no
             higher
             ,
             about
             the
             yeare
             one
             thousand
             King
             d
             Etheldred
             created
             one
             Robert
             A●chbi●shop
             of
             London
             ,
             and
             one
             Edmund
             Bishop
             of
             Luiddifarne
             ,
             otherwise
             called
             Holyland
             ,
             at
             the
             entreaty
             of
             the
             Monks
             of
             that
             Bishoprique
             .
             King
             Edward
             made
             one
             Robert
             first
             Bishop
             of
             London
             ,
             &c.
             and
             afterwards
             Archbishop
             of
             Canterbury
             ,
             whose
             successour
             he
             made
             one
             William
             .
             He
             gave
             also
             the
             Bishoprique
             of
             Shyrburne
             to
             one
             Herman
             .
             In
             the
             year
             one
             thousand
             one
             hundundred
             &
             seventie
             ,
             King
             William
             the
             first
             of
             that
             name
             ,
             bestowed
             the
             Archbishoprique
             of
             Yorke
             upon
             a
             Canon
             called
             Thomas
             .
             In
             the
             yeare
             one
             thousand
             seventie
             eight
             hee
             bestowed
             three
             Bishopriques
             upon
             three
             of
             his
             Chaplaines
             ,
             and
             many
             others
             upon
             divers
             Ecclesiastiques
             .
          
           
             3
             In
             the
             year
             one
             thousand
             ninety
             two
             King
             William
             the
             second
             bestowed
             the
             Bishoprique
             of
             Lincolne
             upon
             
               Robert
               Blunt
            
             his
             Chancelour
             ;
             he
             bestowed
             also
             that
             of
             Worcester
             upon
             a
             Canon
             called
             Sampson
             .
             One
             of
             the
             two
             bestowed
             also
             the
             Bishoprique
             of
             Silchester
             upon
             Lanfranke
             .
          
           
             4
             The
             yeare
             one
             thousand
             one
             hundred
             and
             one
             ,
             King
             Henrie
             the
             first
             bestowed
             the
             Bishoprique
             of
             Hereford
             upon
             Kemelin
             ,
             and
             gave
             him
             the
             investiture
             of
             it
             .
             The
             same
             King
             gave
             the
             bishoprique
             of
             Winchester
             to
             a
             Canon
             called
             Thuilphus
             ,
             and
             afterwards
             to
             the
             Chaplaine
             of
             Queene
             Adalida
             .
          
           
             5
             The
             yeare
             one
             thousand
             one
             hundred
             and
             two
             ,
             Anselme
             Archbishop
             of
             Canterburie
             would
             have
             made
             the
             Councell
             of
             Lateran
             to
             bee
             received
             in
             England
             ,
             holden
             against
             Henrie
             the
             fifth
             about
             the
             point
             of
             Investitures
             .
             And
             in
             obedience
             thereto
             ,
             he
             made
             a
             difficultie
             of
             consecrating
             certaine
             Bishops
             ,
             who
             had
             beene
             invested
             by
             Henrie
             the
             first
             ,
             who
             was
             much
             incensed
             against
             him
             upon
             that
             occasion
             ;
             
               And
               forasmuch
            
             (
             saith
             
               Matthew
               Westminster
            
             )
             
               as
               hee
               would
               not
               consecrate
               certaine
               Bishops
               ,
               who
               had
               been
               instituted
               by
               the
               King
               ,
               obeying
               his
               pleasure
               ,
               nor
               so
               much
               as
               communicate
               with
               them
               ,
               the
               King
               was
               thereupon
               moved
               with
               choler
               against
               him
               .
            
          
           
             6
             The
             yeare
             one
             thousand
             ,
             one
             hundred
             and
             seven
             ,
             
             there
             was
             a
             Councell
             holden
             at
             London
             ,
             where
             it
             was
             ordained
             ,
             
               That
               from
               thence
               forward
               no
               man
               should
               be
               invested
               in
            
             England
             
               by
               the
               King
               ,
               or
               any
               other
               Lay
               man
               into
               any
               Bishoprique
               ,
               
               or
               Abbey
               ,
            
             
             
               by
               the
               donation
               of
               the
               Pastorall
               staffe
               ,
               or
               ring
               ,
               alwayes
               reserving
               the
               homage
               due
               to
               the
               King.
            
             But
             Henrie
             the
             first
             did
             not
             forbeare
             to
             use
             his
             right
             for
             all
             that
             ,
             which
             this
             Councell
             could
             not
             take
             from
             him
             .
             And
             indeed
             in
             the
             yeare
             one
             thousand
             ,
             one
             hundred
             and
             nine
             ,
             
             he
             erected
             the
             Abbey
             of
             Ely
             into
             an
             Episcopall
             See
             ,
             and
             caused
             one
             Herveus
             to
             be
             ordained
             over
             it
             ,
             and
             having
             assembled
             divers
             Bishops
             at
             London
             in
             the
             same
             yeare
             ,
             hee
             made
             them
             consecrate
             one
             Thomas
             ,
             who
             had
             beene
             chosen
             Bishop
             of
             Yorke
             .
             In
             the
             yeare
             one
             thousand
             ,
             one
             hundred
             and
             thirteen
             ,
             
             
               The
               same
               King
            
             Henry
             
               bestowed
               the
               Archbishoprique
               of
            
             Canterburie
             upon
             Richard
             
               Bishop
               of
            
             London
             ,
             
               and
               invested
               him
               in
               it
               ,
               by
               giving
               him
               the
               crosier
               ,
               staffe
               and
               ring
               .
            
             In
             the
             yeare
             one
             thousand
             one
             hundred
             twentie
             five
             ,
             hee
             bestowed
             foure
             Bishopriques
             more
             .
          
           
             7
             William
             of
             Newburie
             both
             Doctour
             of
             Divinitie
             and
             an
             Historian
             ,
             proves
             in
             like
             manner
             of
             King
             Richard
             the
             sonne
             of
             Henry
             the
             second
             ,
             who
             raigned
             about
             the
             yeare
             one
             thousand
             one
             hundred
             ,
             eightie
             nine
             .
             
               First
               of
               all
            
             (
             saith
             he
             )
             
               this
               new
               King
               was
               so
               affected
               ,
               that
               by
               his
               meanes
               many
               Churches
               which
               were
               vacant
               of
            
             England
             ,
             
               were
               provided
               of
               Pastours
            
             .
             Richard
             of
             Ely
             
               the
               Kings
               treasurer
               ,
               was
               preferred
               to
               the
               See
               of
            
             Lincolne
             ,
             Godfrey
             Lucy
             
               to
               the
               chaire
               of
            
             Silchester
             .
             William
             Longchampe
             
               the
               Kings
               Chancelour
               to
               the
               Bishoprique
               of
            
             Ely.
             Hubert
             
               Deane
               of
            
             Yorke
             
               to
               the
               Church
               of
            
             Salisbury
             :
             
               hee
               bestowed
               also
               the
               Metropolitan
               See
               of
            
             Yorke
             
               upon
               his
               brother
            
             Ieffrey
             .
          
           
             8
             The
             yeare
             one
             thousand
             two
             hundred
             and
             seven
             Pope
             Innocent
             the
             third
             would
             have
             perswaded
             the
             Monkes
             of
             Canterburie
             to
             chuse
             one
             
               Stephen
               Langton
            
             for
             their
             Bishop
             ,
             but
             they
             replyed
             ,
             that
             it
             was
             not
             lawfull
             for
             them
             to
             doe
             so
             without
             the
             Kings
             consent
             .
             But
             the
             Pope
             having
             injoyned
             them
             under
             the
             paine
             of
             Anathema
             ,
             they
             were
             compell'd
             to
             consent
             unto
             him
             so
             and
             so
             ,
             though
             with
             a
             great
             deale
             of
             murmuring
             .
             Which
             being
             done
             ,
             the
             Pope
             writ
             unto
             King
             Iohn
             a
             soothing
             letter
             to
             get
             him
             to
             approve
             of
             it
             .
             But
             he
             being
             offended
             thereat
             ,
             
             
               Commanded
               that
               all
               the
               Monks
               should
               bee
               drawne
               out
               of
               the
               Monasterie
               of
            
             Canterburie
             ,
             
               as
               guiltie
               of
               high
               treason
               ,
               yea
               ,
               and
               that
               they
               should
               be
               chased
               out
               of
               his
               Kingdome
               .
            
          
           
             9
             In
             the
             yeare
             one
             thousand
             two
             hundred
             ,
             fortie
             ,
             and
             five
             Henrie
             the
             third
             King
             of
             England
             ,
             
             
               Having
               received
               a
               foule
               injurie
               ,
               done
               ,
               as
               he
               thought
               both
               to
               him
               and
               his
               ,
               forasmuch
               as
               many
               Bishops
               were
               created
               in
               England
               without
               his
               consent
               ,
               hee
               sent
               Mr.
               
                 Lawrence
                 de
                 St.
                 Martins
              
               his
               Proctour
               to
               the
               Court
               of
               Rome
               ,
               to
               make
               complaint
               of
               it
               ,
               and
               plead
               the
               right
               which
               hee
               had
               thereunto
               from
               all
               antiquitie
               .
            
          
           
             
             10
             One
             Mr.
             
               Richard
               de
               Witz
            
             having
             beene
             elected
             Bishop
             of
             Chichester
             by
             Innocent
             the
             fourth
             ,
             who
             was
             then
             at
             Lyons
             ,
             
               To
               the
               intent
               that
               such
               an
               injurie
               done
               to
               the
               King
               ,
               might
               not
               passe
               unpunished
               ,
               (
               saith
               an
               English
               Historian
               )
               hee
               was
               justly
               deprived
               of
               a
               Baronrie
               which
               belonged
               to
               the
               Bishoprique
               .
            
             'T
             is
             true
             ,
             it
             was
             restored
             a
             long
             time
             after
             by
             meanes
             of
             the
             earnest
             intercessions
             which
             were
             made
             thereupon
             .
             There
             are
             infinit
             examples
             of
             this
             nature
             ,
             both
             in
             these
             authors
             from
             whence
             wee
             have
             taken
             the
             former
             ,
             and
             divers
             others
             .
          
           
             
             11
             Wee
             will
             here
             observe
             that
             our
             Popes
             have
             elsewhere
             testified
             in
             their
             owne
             books
             ,
             how
             the
             right
             of
             bestowing
             benefices
             ,
             and
             Prebends
             ,
             which
             belongs
             unto
             the
             Kings
             of
             
               England
               in
               capite
            
             during
             the
             vacancie
             of
             the
             Bishoprique
             .
             This
             wee
             read
             in
             a
             Decretall
             of
             Alexander
             the
             third
             in
             these
             words
             ;
             
               The
               said
               Bishop
               being
               deceased
               ,
               and
               the
               revenues
               of
               the
               Bishoprique
               being
               come
               unto
               the
               Exchequer
               ,
               a
               certaine
               Prebend
               chancing
               to
               bee
               void
               ,
               our
               wel-beloved
               sonne
               in
               Christ
               ,
               Henrie
               the
               illustrious
               King
               of
               England
               ,
               hath
               bestowed
               upon
               Thomas
               his
               Clerk.
               
            
             This
             Decretall
             was
             extant
             in
             the
             title
             ,
             
               De
               jure
               Patronatus
            
             ,
             after
             the
             chapter
             Praeterea
             ,
             in
             the
             third
             booke
             of
             the
             Decretals
             ,
             as
             I
             have
             seene
             in
             an
             ancient
             Manuscript
             ,
             which
             is
             in
             my
             custodie
             .
             One
             of
             
             our
             Doctours
             witnesseth
             also
             that
             it
             was
             anciently
             there
             ,
             and
             afterward
             expunged
             .
             
             A
             learned
             Spanish
             Bishop
             publisht
             it
             since
             by
             adventure
             ,
             without
             ever
             thinking
             upon
             it
             ,
             for
             he
             had
             no
             intention
             to
             harme
             the
             Pope
             .
          
           
             12
             Our
             Doctour
             of
             the
             Civil
             law
             beare
             witnesse
             of
             the
             rings
             of
             England
             ,
             affirming●
             that
             this
             eight
             belongs
             unto
             them
             ;
             
             and
             determining
             also
             ,
             that
             it
             is
             a
             thing
             which
             may
             bee
             done
             .
             They
             say
             as
             much
             for
             the
             King
             of
             Hungary
             ,
             the
             King
             of
             Apulia
             ,
             and
             also
             for
             the
             King
             of
             France
             .
             See
             here
             the
             verie
             words
             of
             Alexander
             in
             his
             counsels
             ;
             
               Baldus
               said
               well
               in
               the
               law
               ,
               
                 descripta
                 de
                 precib
                 .
                 imperat
                 .
                 offerend
                 .
              
               that
               Kings
               and
               secular
               Princes
               ,
               who
               by
               ancient
               custome
               ,
               time
               out
               of
               minde
               ,
               have
               power
               to
               conferre
               Prebends
               and
               Benefices
               within
               their
               dominions
               ,
               may
               doe
               it
               because
               such
               a
               custome
               gives
               them
               a
               priviledge
               .
               And
               he
               sets
               downe
               a
               president
               of
               the
               King
               of
               Hungarie
               ,
               and
               the
               King
               of
               England
               .
               The
               King
               of
               Apulia
               might
               be
               added
               also
               ,
               according
               to
               that
               remarkable
               glosse
               in
               the
               summarie
               of
               the
               seventh
               Quaestion
               causa
               16.
               
               Another
               might
               be
               urged
               of
               the
               King
               of
               France
               ,
               as
               saith
               Iohn
               the
               Monke
               upon
               the
               first
               chapter
               
                 De
                 Praebendis
                 in
                 sexto
              
               .
            
          
           
             13
             See
             here
             many
             authorities
             together
             ,
             whereunto
             wee
             will
             adde
             that
             of
             
               Lancelot
               Conrade
            
             Lawyer
             of
             Millaine
             ,
             
             and
             the
             King
             of
             Spaine
             his
             subject
             ,
             who
             will
             furnish
             us
             with
             some
             others
             .
             
               So
               some
               Kings
               and
               Princes
            
             (
             saith
             he
             )
             
               may
               conferre
               the
               benefices
               of
               their
               Kingdome
               when
               they
               have
               got
               this
               right
               either
               by
               custome
               time
               out
               of
               mind
               ,
               or
               by
               Apostolicall
               priviledge
               ,
               as
            
             Alexander
             
               hath
               counselled
               in
               his
            
             74.
             
             
               Counsel
               ,
               num
            
             .
             8.
             volum
             .
             4.
             
             
               Baldus
               in
               the
               law
               Rescript
               .
               C.
               de
               precibus
               imperat
               .
               offerend
               .
               Martin
               Lawrence
               de
               Privil
               .
               &
               Rescript
               .
               Quaest.
            
             2.
             
             Following
             Alexander
             he
             urgeth
             the
             examples
             of
             the
             Kings
             of
             
               France
               ,
               England
               ,
               Hungary
            
             ,
             and
             Apulia
             ,
             and
             add●s
             also
             the
             King
             of
             Spaine
             :
             hee
             saith
             ●urther
             ,
             that
             the
             King
             of
             France
             seemes
             herein
             to
             have
             a
             greater
             power
             and
             a
             larger
             right
             than
             the
             Emperour
             .
          
           
             14
             A
             German
             Bishop
             who
             writ
             in
             the
             yeare
             one
             thousand
             one
             hundred
             and
             nine
             ,
             addes
             also
             the
             King
             of
             Scotland
             ,
             and
             proves
             the
             same
             of
             him
             which
             hath
             beene
             said
             of
             the
             rest
             .
             
               We
               reade
            
             (
             saith
             he
             )
             
               of
               the
               Bishops
               of
            
             Spaine
             ,
             Scotland
             ,
             England
             ,
             and
             Hungarie
             ,
             
               that
               by
               ancient
               institution
               ,
               till
               this
               upstart
               novelty
               came
               in
               ,
               were
               put
               into
               their
               Bishopriques
               by
               the
               Kings
               ,
               with
               purity
               and
               integrity
               ,
               and
               with
               peace
               and
               quietnesse
               for
               temporall
               matters
               .
            
             
             Afterwards
             hee
             speakes
             of
             our
             Kings
             of
             France
             on
             this
             manner
             .
             
               A
               long
               time
               before
               the
               decree
               of
            
             Adrian
             
               and
               his
               successors
               ,
               the
               annointed
               Kings
               and
               the
               Maiors
               of
               the
               Palace
               invested
               Bishops
               ,
            
             Dagobert
             ,
             Sigebert
             ,
             Theodorick
             ,
             Hilderick
             ,
             Pepin
             
               Maior
               of
               the
               Palace
               ,
               and
            
             Theodoret
             ,
             
               who
               established
            
             Remachus
             ,
             Andomarus
             ,
             Amandus
             ,
             Antpertus
             ,
             Eligiu●
             ,
             Lampertus
             ,
             
               and
               other
               Bishops
               of
               most
               holy
               life
               .
            
          
           
             15
             Let
             us
             now
             see
             what
             this
             right
             of
             France
             is
             .
             It
             is
             certaine
             that
             from
             the
             verie
             infancie
             of
             this
             Realme
             our
             Kings
             have
             begunne
             ,
             and
             continued
             ,
             through
             all
             their
             three
             lines
             ,
             to
             elect
             Churchmen
             ,
             to
             bestow
             Bishopriques
             ,
             Abbeyes
             ,
             and
             other
             Ecclesiasticall
             dignities
             upon
             them
             ,
             to
             give
             these
             elections
             to
             such
             as
             they
             thought
             good
             ,
             alwaies
             reserving
             unto
             themselves
             their
             consent
             or
             approbation
             ,
             and
             to
             proceed
             therein
             such
             other
             waies
             as
             they
             thought
             fit
             .
             The
             examples
             hereof
             are
             so
             plentifull
             ,
             that
             wee
             should
             bee
             afraid
             to
             tyre
             the
             reader
             by
             reciting
             them
             ;
             and
             therefore
             we
             will
             content
             our selves
             with
             quoting
             them
             in
             the
             †
             margent
             ,
             especially
             considering
             that
             there
             are
             so
             manie
             other
             waies
             to
             prove
             it
             ,
             that
             we
             care
             for
             nothing
             but
             curtailing
             our
             discourse
             .
          
           
             16
             Whosoever
             shall
             seriously
             consider
             these
             examples
             ,
             hee
             shall
             finde
             that
             our
             Kings
             have
             alwaies
             dealt
             herein
             as
             they
             pleased
             :
             that
             sometimes
             they
             have
             made
             elections
             and
             nominations
             themselves
             :
             sometimes
             they
             have
             given
             leave
             to
             the
             Clergie
             to
             make
             them
             ,
             either
             alone
             ,
             or
             with
             the
             people
             ;
             and
             have
             been
             content
             to
             give
             onely
             their
             consent
             ,
             or
             to
             confirme
             them
             ,
             or
             to
             give
             the
             investiture●
             The
             Emperour
             Charles
             the
             Great
             ordained
             by
             his
             Capitularie
             Lawes
             
             that
             the
             Bishops
             should
             be
             chosen
             by
             the
             Clergie
             and
             people
             of
             the
             same
             Dioces
             .
             *
             Our
             Popes
             have
             not
             forgot
             it
             in
             their
             owne
             bookes
             ,
             
             thinking
             that
             they
             had
             gain'd
             thereby
             some
             advantage
             upon
             France
             .
             But
             our
             Kings
             by
             this
             remitted
             nothing
             of
             their
             authoritie
             ;
             but
             reserved
             unto
             themselves
             their
             consent
             and
             approbation
             ,
             and
             investiture
             ,
             which
             they
             used
             ever
             after
             ;
             even
             Charles
             the
             Great
             himselfe
             the
             authour
             of
             that
             law
             .
             But
             howere
             it
             be
             ,
             hee
             that
             made
             the
             law
             may
             unmake
             it
             ;
             he
             may
             change
             it
             at
             his
             pleasure
             .
             If
             there
             were
             any
             thing
             in
             it
             to
             their
             disadvantage
             ,
             which
             there
             is
             not
             .
          
           
             17
             They
             would
             also
             make
             a
             law
             against
             our
             Princes
             from
             a
             certaine
             pretended
             prohibition
             which
             Nicholas
             the
             first
             set
             out
             against
             King
             Lotharius
             ,
             that
             he
             should
             not
             permit
             any
             to
             bee
             chosen
             Bishop
             of
             Treves
             or
             of
             Cullen
             without
             first
             consulting
             with
             the
             See
             Apostolique
             ;
             
             declaring
             unto
             him
             ,
             he
             was
             not
             pleased
             that
             he
             should
             meddle
             in
             such
             elections
             ,
             to
             preferre
             such
             persons
             as
             were
             his
             favourites
             .
             And
             they
             have
             laboured
             all
             that
             they
             could
             to
             gaine
             this
             authoritie
             over
             our
             Kings
             ,
             which
             they
             for
             their
             parts
             have
             alwaies
             stoutly
             defended
             ,
             even
             by
             making
             faire
             decrees
             to
             debarre
             them
             from
             meddling
             .
          
           
             18
             Possibly
             it
             will
             be
             said
             unto
             us
             ,
             that
             all
             this
             is
             done
             by
             usurpation
             ,
             abuse
             ,
             and
             unlawfull
             attempt
             .
             There
             then
             wee
             must
             straine
             to
             root
             this
             false
             opinion
             out
             of
             their
             braines
             .
             We
             will
             therefore
             justifie
             their
             right
             by
             the
             authoritie
             of
             Councels
             ,
             and
             first
             by
             that
             of
             Orleans
             ,
             which
             is
             accounted
             the
             fifth
             ,
             holden
             in
             the
             time
             of
             Pope
             Vigilius
             the
             first
             ,
             and
             of
             King
             Childebert
             ,
             the
             yeare
             five
             hundred
             fortie
             nine
             ,
             where
             this
             decree
             was
             made
             .
             
             
               That
               it
               shall
               not
               be
               lawfull
               to
               obtaine
               any
               Bishopriques
               by
               presents
               ,
               or
               by
               meanes
               of
               any
               such
               like
               purchase
               ,
               but
               with
               the
               kings
               consent
               ,
               according
               to
               the
               election
               of
               the
               Clergie
               and
               people
               ,
               as
               it
               is
               written
               in
               the
               ancient
               Canons
               .
            
          
           
             
             19
             Carloman
             Duke
             ,
             and
             Prince
             of
             the
             French
             ,
             speakes
             thus
             in
             the
             Synod
             of
             France
             holden
             in
             the
             yeare
             seven
             hundred
             fortie
             two
             .
             
               By
               the
               Councell
               of
               the
               Clergy
               and
               chiefe
               men
               of
               the
               kingdome
               ,
               we
               have
               ordained
               Bishops
               over
               the
               Cities
               .
               Pepin
            
             Duke
             and
             Prince
             of
             the
             French
             useth
             the
             same
             termes
             at
             the
             Councell
             of
             Soissons
             ,
             holden
             in
             the
             yeare
             seven
             hundred
             fortie
             foure
             :
             
             Wherefore
             (
             saith
             he
             )
             
               we
               have
               instituted
               and
               ordained
               lawfull
               Bishops
               over
               the
               Cities
               ,
               with
               the
               advice
               of
               the
               Clergy
               and
               Princes
               of
            
             France
             ,
             Now
             this
             is
             spoke
             by
             them
             with
             the
             approbation
             of
             those
             Councels
             ,
             yea
             they
             are
             the
             verie
             Acts
             of
             the
             Councell
             ,
             which
             speake
             so
             .
          
           
             
             20
             The
             Councell
             of
             Paris
             ,
             addressing
             their
             words
             to
             the
             Emperours
             Lewes
             and
             Lotharius
             ,
             under
             whom
             it
             was
             holden
             in
             the
             yeare
             eight
             hundred
             twenty
             nine
             :
             
               We
               intreat
               your
               Majesties
               to
               use
               great
               diligence
               and
               most
               exact
               care
               in
               the
               institution
               of
               Rectours
               and
               Pastours
               in
               the
               Church
               .
            
             This
             petition
             presupposeth
             that
             such
             right
             belong'd
             unto
             them
             ,
             and
             that
             the
             Councell
             thought
             so
             ,
             otherwise
             they
             would
             rather
             have
             intreated
             them
             to
             forbeare
             .
          
           
             
             21
             The
             Councell
             of
             Valentia
             ,
             holden
             in
             the
             yeare
             eight
             hundred
             fiftie
             five
             ,
             intreats
             the
             Emperour
             Lotharius
             ,
             that
             as
             soone
             as
             certaine
             Bishopriques
             shall
             come
             to
             be
             void
             ,
             he
             would
             leave
             the
             Canonicall
             election
             unto
             the
             Clergie
             and
             people
             of
             that
             Citie
             .
             And
             as
             for
             such
             as
             should
             be
             sent
             from
             the
             Princes
             Court
             ,
             if
             upon
             examination
             any
             default
             were
             found
             in
             him
             either
             for
             manners
             or
             learning
             ,
             or
             any
             thing
             else
             ,
             that
             he
             would
             be
             intreated
             to
             chuse
             another
             .
             Whence
             we
             collect
             that
             the
             Councell
             consents
             unto
             this
             ,
             that
             the
             Prince
             may
             elect
             any
             of
             his
             Court
             ,
             such
             as
             he
             shall
             thinke
             good
             ;
             provided
             they
             be
             of
             qualitie
             requisite
             to
             Ecclesiasticall
             dignities
             :
             and
             for
             the
             rest
             intreats
             him
             to
             leave
             the
             election
             to
             the
             Clergie
             and
             people
             .
             It
             showes
             us
             that
             this
             was
             in
             their
             power
             ,
             and
             withall
             that
             the
             Councel
             intends
             this
             election
             shall
             be
             made
             by
             the
             Clergie
             and
             people
             ,
             saving
             the
             consent
             and
             approbation
             of
             the
             Prince
             .
             Let
             us
             proceede
             to
             other
             testimonies
             .
          
           
             22
             There
             is
             a
             very
             remarkable
             one
             in
             Marsilius
             of
             Padua
             his
             
               Defensor
               Pacis
               .
               
               And
               as
               for
               the
               proposition
               about
               the
               institution
               of
               Ecclesiasticall
               Ministers
               ,
            
             
             
               and
               the
               distribution
               and
               collation
               of
               temporall
               benefices
               ,
               I
               will
               shew
               by
               the
               authority
               of
               the
               Catholique
               Kings
               of
            
             France
             
               some
               things
               which
               are
               not
               to
               bee
               contemned
               ,
               but
               ought
               rather
               to
               be
               considered
               :
               for
               they
               assure
               us
               that
               the
               authority
               of
               instituting
               and
               bestowing
               of
               certaine
               Ecclesiasticall
               offices
               ,
               benefices
               ,
               and
               temporall
               meanes
               belongs
               unto
               them
               by
               right
            
             ;
             
             which
             de
             facto
             
               they
               have
               caused
               to
               be
               inviolably
               observed
               to
               this
               very
               day
               ;
               in
               such
               sort
               that
               this
               authority
               is
               not
               derived
               from
               them
               either
               upon
               any
               particular
               person
               ,
               or
               upon
               any
               Colledge
               of
               what
               condition
               soever
               :
               So
               neither
               is
               the
               law-giver
               nor
               Prince
               prohibited
               by
               the
               law
               of
               God
               to
               make
               such
               institutions
               ,
               collations
               ,
               and
               distributions
               .
            
          
           
             23
             Our
             expositors
             upon
             the
             Civill
             Law
             say
             the
             same
             ,
             and
             testifie
             by
             their
             writings
             that
             this
             facultie
             of
             conferring
             dignities
             and
             Ecclesiasticall
             benefices
             belongs
             unto
             our
             Kings
             of
             France
             :
             determining
             further
             that
             it
             is
             a
             thing
             which
             may
             be
             done
             :
             and
             amongst
             others
             ,
             
               Iohannes
               Monachus
            
             ,
             
             Alexander
             ,
             
             
               Lancelot
               Conrade
            
             ,
             
             all
             which
             speake
             both
             for
             matter
             of
             right
             and
             fact
             .
             Lupus
             Abbot
             of
             the
             Abbey
             of
             Saint
             Peters
             of
             Ferrieres
             ,
             who
             lived
             in
             the
             time
             of
             Charles
             the
             Bald
             ,
             about
             the
             yeare
             870
             ,
             writing
             to
             Amulus
             Archbishop
             of
             Lyons
             ,
             saith
             ,
             
               That
               it
               is
               no
               new
               nor
               rash
               thing
               that
               the
               King
               should
               furnish
               the
               most
               honourable
               Churches
               with
               his
               Courtiers
               ;
               considering
               that
            
             Pepin
             (
             
               from
               whom
               hee
               is
               descended
               by
            
             Charles
             
               the
               Great
               ,
               and
               the
               most
               devout
            
             Lewes
             ,
             
               both
               Emperours
            
             )
             
               having
               given
               Pope
            
             Zacharie
             
               to
               understand
               in
               a
               certaine
               Synod
               the
               necessity
               of
               the
               Realme
               ,
               hee
               got
               his
               consent
               ,
               to
               furnish
               the
               Churches
               with
               good
               Pastours
               ,
               after
               the
               decease
               of
               the
               Incumbents
               :
               remedying
               by
               that
               meanes
               the
               badnesse
               of
               the
               times
               .
            
          
           
             24
             Hildebert
             Archbishop
             of
             Tours
             ,
             
             who
             liv'd
             about
             the
             yeare
             1080
             ,
             under
             Philip
             the
             first
             ,
             King
             of
             France
             ,
             approves
             the
             presentation
             made
             by
             the
             King
             to
             a
             certaine
             Bishoprique
             of
             his
             realme
             ,
             commending
             him
             on
             this
             manner
             .
             
               I
               congratulate
               with
               virtue
               that
               hath
               her
               reward
               under
               our
               King.
               Hee
               hath
               found
               that
               the
               power
               of
               a
               King
               shines
               more
               bright
               by
               gifts
               and
               liberality●
               than
               by
               the
               Scepter
               ;
               and
               that
               it
               is
               not
               sufficient
               for
               a
               Prince
               to
               stirre
               up
               his
               subjects
               to
               well-doing
               by
               examples
               ,
               unlesse
               they
               be
               also
               provoked
               by
               rewards
               .
               Hence
               it
               is
               that
               your
               good
               manners
               were
               honoured
               by
               a
               great
               Priesthood
               .
               The
               disposition
               of
               the
               King
               was
               sound
               and
               prudent
               ,
               considering
               it
               could
               not
               better
               provide
               for
               the
               Church
               ,
               than
               by
               placing
               you
               in
               it
               .
            
          
           
             25
             Ivo
             Bishop
             of
             Chartres
             ,
             after
             he
             was
             elected
             by
             the
             Clergie
             ,
             was
             presented
             to
             the
             same
             King
             Philip
             the
             first
             ,
             
             and
             received
             his
             investiture
             and
             Pastorall
             staffe
             from
             him
             :
             upon
             the
             refusall
             of
             the
             Archbishop
             of
             Sens
             he
             was
             consecrated
             by
             the
             Pope
             ,
             whereat
             the
             said
             Archbishop
             was
             highly
             offended
             ,
             in
             so
             much
             that
             he
             with
             other
             Bishops
             at
             the
             Synod
             of
             Estampes
             ,
             were
             upon
             the
             point
             of
             revoking
             the
             said
             consecration
             made
             by
             the
             Pope
             ,
             as
             prejudiciall
             to
             the
             authoritie
             Royal.
             See
             here
             what
             the
             same
             Bishop
             saith
             of
             it
             in
             a
             letter
             to
             Pope
             
               Vrban
               .
               Moreover
               I
               give
               your
               Holinesse
               to
               wit
               ,
               that
               the
               Archbishop
               of
            
             Sens
             ,
             
             
               being
               infatuated
               by
               the
               counsell
               of
               the
               Bishop
               of
            
             Paris
             ,
             
               having
               summoned
               the
               said
               Bishop
               of
            
             Paris
             ,
             
               and
               two
               others
               of
               the
               same
               humor
               ,
               to
               wit
               he
               of
            
             Meaux
             ,
             
               and
               he
               of
            
             Troyes
             ,
             
               did
               very
               indiscreetly
               accuse
               me
               this
               present
               year
               ,
               because
               of
               the
               consecration
               which
               I
               had
               received
               from
               you
               ;
               saying
               that
               I
               had
               offended
               against
               the
               Kings
               Majesty
               ,
               by
               attempting
               to
               receive
               my
               consecration
               from
               the
               See
               Apostolique
               .
            
             We
             have
             heard
             before
             what
             this
             same
             Bishop
             said
             of
             Investitures
             ,
             
             speaking
             of
             the
             King
             of
             France
             .
          
           
             26
             We
             may
             now
             conclude
             ,
             that
             elections
             ,
             nominations
             and
             approbations
             in
             point
             of
             benefices
             ,
             have
             alwaies
             belonged
             unto
             our
             Kings
             ,
             and
             have
             beene
             at
             their
             free
             disposall
             .
             By
             their
             last
             ordinances
             they
             have
             beene
             pleas'd
             ,
             as
             well
             to
             disburthen
             themselves
             of
             that
             charge
             ,
             as
             also
             to
             prevent
             the
             enterprises
             of
             the
             Popes
             ,
             to
             decree
             that
             elective
             dignities
             should
             bee
             conferr'd
             by
             elections
             ,
             and
             benefices
             which
             were
             not
             elective
             by
             the
             collations
             and
             presentations
             of
             the
             Collators
             and
             Patrons
             :
             And
             this
             according
             to
             the
             Councell
             of
             Basil●
             which
             
             hath
             tied
             the
             Popes
             hands
             in
             this
             respect
             ,
             
             and
             the
             Pragmatique
             Sanctions
             of
             St.
             Lewes
             and
             Charles
             the
             seventh
             .
             Yet
             this
             was
             still
             with
             two
             conditions
             :
             one
             that
             the
             Kings
             
               Congé
               d'elire
            
             should
             bee
             requir'd
             by
             way
             of
             preamble
             ,
             at
             least
             in
             respect
             of
             Bishopriques
             and
             Abbeyes
             ,
             otherwise
             the
             election
             should
             be
             accounted
             a
             nullitie
             .
             Which
             is
             verified
             by
             the
             letters
             of
             our
             Kings
             as
             farre
             as
             King
             Lewes
             the
             eleventh
             ,
             containing
             the
             said
             licence
             ,
             which
             may
             yet
             be
             found
             in
             the
             treasurie
             of
             Chartres
             in
             a
             great
             box
             quoted
             xxv
             .
             Which
             right
             was
             declared
             to
             belong
             to
             King
             Philip
             the
             Faire
             ,
             when
             the
             question
             was
             about
             Saint
             Maglairs
             Abbey
             ,
             as
             some
             report
             .
          
           
             27
             The
             other
             ,
             that
             the
             said
             Prelates
             before
             they
             could
             be
             called
             such
             should
             be
             bound
             to
             take
             the
             oath
             of
             allegiance
             according
             to
             the
             ancient
             custome
             ,
             as
             it
             was
             determin'd
             by
             the
             Arrests
             of
             the
             Parliament
             of
             Paris
             against
             the
             Archbishop
             of
             Anx
             and
             the
             Bishop
             of
             Mantes
             .
             Which
             was
             observed
             in
             the
             time
             of
             Philip
             the
             first
             ,
             according
             to
             the
             testimonie
             of
             the
             Bishop
             of
             Chartres
             :
             who
             in
             his
             epistles
             addressed
             to
             Pope
             Paschal
             ,
             speaking
             of
             the
             Archbishop
             of
             Rhemes
             ,
             who
             had
             beene
             depriv'd
             of
             his
             dignitie
             ,
             and
             for
             whose
             reestablishment
             the
             said
             Bishop
             had
             interceded
             to
             the
             Kings
             Councell
             .
             
             
               The
               Princes
               Court
            
             (
             saith
             he
             )
             
               inclining
               to
               the
               contrary
               ,
               we
               could
               not
               obtaine
               an
               entire
               peace
               unlesse
               the
               said
               Metropolitan
               would
               make
               unto
               the
               King
               such
               an
               oath
               of
               allegiance
               as
               other
               Archbishops
               of
            
             Rhemes
             ,
             
               together
               with
               all
               the
               rest
               of
               the
               Bishops
               of
               this
               Realme
               of
            
             France
             ,
             
               how
               holy
               and
               religious
               soever
               they
               were
               ,
               made
               to
               the
               Kings
               his
               predecessors
               .
            
             Divers
             authors
             beare
             witnesse
             of
             this
             oath
             of
             allegiance
             made
             by
             Bishops
             to
             their
             kings
             and
             princes
             both
             in
             England
             and
             France
             ,
             and
             other
             places
             ,
             some
             of
             them
             set
             downe
             the
             very
             forme
             .
          
           
             28
             Since
             this
             time
             our
             kings
             have
             beene
             compell'd
             to
             divide
             their
             rights
             with
             the
             Popes
             ,
             (
             to
             give
             them
             content
             ,
             and
             be
             at
             peace
             with
             them
             )
             by
             taking
             away
             elections
             ,
             and
             reserving
             unto
             themselves
             in
             stead
             thereof
             the
             nominations
             ,
             and
             allowing
             unto
             Popes
             the
             confirmations
             .
             
             By
             the
             ordinance
             of
             Orleans
             King
             Charles
             would
             have
             taken
             the
             Clergie
             and
             people
             in
             to
             his
             share
             ,
             by
             decreeing
             that
             ,
             when
             Bishopriques
             fell
             void
             ,
             the
             Archbishop
             and
             Bishops
             of
             the
             Province
             ,
             and
             the
             Canons
             of
             the
             Cathedral
             Church
             should
             meet
             togther
             ,
             with
             twelve
             gentlemen
             chosen
             by
             the
             Nobilitie
             of
             the
             Dioces
             ,
             &
             twelve
             B●rgesses
             chosen
             in
             the
             Guildhal
             of
             the
             Archiepiscopal
             or
             Episcopal
             Citie
             ,
             to
             make
             he
             a
             nomination
             of
             three
             persons
             ,
             of
             which
             the
             King
             should
             chuse
             one
             ,
             whom
             he
             pleased
             to
             name
             .
             Which
             notwithstanding
             we
             never
             yet
             saw
             observed
             .
          
           
             29
             Wee
             will
             say
             for
             conclusion
             ,
             that
             it
             is
             no
             small
             advantage
             to
             the
             Pope
             to
             have
             the
             confirmation
             of
             the
             Bishops
             of
             France
             ,
             which
             was
             granted
             him
             by
             the
             Concordat
             :
             but
             it
             will
             bee
             farre
             greater
             yet
             ,
             if
             he
             keepe
             that
             authoritie
             which
             is
             given
             him
             by
             this
             Councel
             .
             For
             by
             it
             hee
             will
             quickly
             bring
             all
             these
             Concordats
             to
             nothing
             ,
             and
             wil
             resume
             the
             extravagancies
             of
             his
             predecessors
             ;
             who
             had
             got
             all
             the
             elections
             and
             collations
             of
             the
             Bishopriques
             ,
             and
             benefices
             of
             this
             Kingdome
             into
             their
             Churches
             ,
             to
             the
             utter
             ruine
             and
             destruction
             of
             it
             :
             draining
             the
             Realme
             of
             moneyes
             ,
             and
             filling
             it
             with
             strangers
             ,
             and
             bringing
             it
             to
             an
             extreame
             miserie
             ,
             as
             we
             say
             else
             where
             .
          
           
             30
             We
             shall
             only
             here
             observe
             the
             particular
             interest
             of
             Kings
             and
             Princes
             for
             as
             much
             as
             concernes
             their
             power
             and
             authoritie
             ,
             whereof
             they
             ought
             to
             be
             very
             jealous
             if
             they
             marke
             it
             .
             There
             is
             nothing
             which
             fortifies
             it
             so
             much
             as
             that
             right
             which
             they
             have
             to
             chuse
             and
             elect
             Churchmen
             ;
             nor
             which
             weakneth
             it
             so
             much
             ,
             as
             when
             the
             Pope
             hath
             an
             hand
             in
             it
             ,
             either
             in
             whole
             or
             in
             part
             .
             Ivo
             Pishop
             of
             Chartres
             ,
             although
             hee
             had
             received
             his
             Investiture
             from
             Philip
             the
             first
             ,
             
             yet
             in
             asmuch
             as
             he
             had
             got
             his
             confirmation
             from
             Pope
             Vrban
             ,
             he
             was
             alwaies
             affectionate
             to
             him
             and
             the
             See
             Apostolique
             ,
             even
             to
             the
             prejudice
             of
             the
             King
             and
             Kingdome
             ;
             to
             whom
             he
             did
             sometimes
             very
             ill
             offices
             :
             as
             wee
             collect
             from
             some
             of
             his
             epistles
             .
             On
             the
             contrarie
             ,
             because
             Lupus
             
             had
             got
             the
             Abbey
             of
             Saint
             
               Peter
               de
               Ferriers
            
             in
             the
             Dioces
             of
             Sens
             ,
             
             by
             the
             donation
             of
             Charles
             the
             Bald
             ,
             he
             was
             alwaies
             loyall
             ,
             and
             he
             even
             brags
             of
             it
             in
             one
             of
             his
             Epistles
             .
          
           
             31
             An
             English
             Historian
             ,
             though
             hee
             bee
             a
             Monke
             ,
             yet
             hee
             knew
             well
             how
             to
             set
             out
             this
             interest
             of
             Princes
             .
             
             For
             speaking
             of
             the
             consecration
             of
             certaine
             Bishops
             of
             England
             ,
             made
             by
             Innocent
             the
             fourth
             when
             he
             was
             at
             Lions
             ,
             hee
             saith
             ,
             
               They
               were
               consecrated
               by
               the
               Pope
               ,
               not
               without
               great
               damage
               and
               danger
               to
               the
               Realme
               of
            
             England
             .
             
             
               For
               the
               Pope
               having
               so
               ingaged
               the
               Bishops
               unto
               him
               ,
               they
               found
               themselves
               more
               obliged
               unto
               him
               ;
               and
               despising
               the
               King
               ,
               they
               were
               more
               inclined
               to
               doe
               mischiefe
               to
               the
               Kingdome
               .
            
          
           
             32
             The
             Bishop
             of
             Chartres
             continuing
             his
             devotion
             to
             Pope
             Vrban
             ,
             
             gave
             him
             notice
             of
             this
             point
             ,
             upon
             the
             election
             of
             an
             Archbishop
             of
             Rhemes
             ,
             who
             he
             assured
             the
             Pope
             was
             very
             zealous
             for
             the
             See
             Apostolique
             ,
             adding
             afterwards
             ,
             
               Now
               how
               necessarie
               it
               is
               for
               the
               Church
               of
            
             Rome
             
               to
               place
               in
               that
               See
               a
               minister
               which
               is
               devout
               and
               affectionate
               unto
               her
               ,
               it
               is
               not
               for
               me
               to
               informe
               your
               wisedome
               ,
               which
               knowes
               very
               well
               that
               this
               See
               weares
               the
               Royall
               Diademe
               ,
               and
               serves
               for
               a
               patterne
               almost
               to
               all
               other
               Churches
               of
            
             France
             ,
             
               either
               of
               ruine
               or
               Resurrection
            
             .
          
           
             33
             Not
             without
             cause
             did
             Pope
             Nicholas
             the
             first
             stomach
             at
             
               Lotharius
               ,
               because
               he
               would
               not
               suffer
               any
               Bishop
               to
               bee
               chosen
               in
               his
               Kingdome
               ,
            
             
             
               unlesse
               hee
               were
               faithfull
               and
               well
               inclined
               to
               him
               .
            
             King
             William
             the
             first
             of
             England
             in
             the
             beginning
             of
             his
             reigne
             ,
             which
             was
             about
             the
             yeare
             1070
             ,
             knowing
             this
             very
             well
             ,
             deposed
             some
             part
             of
             the
             Bishops
             and
             Abbats
             from
             their
             dignities
             and
             Prelacies
             ,
             and
             put
             others
             in
             their
             places
             ,
             whose
             fidelitie
             was
             known
             unto
             him
             .
          
           
             34
             Another
             Monke
             and
             English
             Historian
             saith
             ,
             the
             Popes
             upon
             this
             occasion
             invented
             another
             way
             to
             oblige
             such
             Prelats
             unto
             them
             as
             held
             their
             dignities
             from
             Kings
             and
             Princes
             .
             
             Which
             was
             by
             making
             them
             renounce
             them
             ,
             and
             resigne
             them
             into
             their
             hands
             ,
             as
             faultie
             and
             nullities
             ,
             and
             taking
             them
             with
             one
             hand
             ,
             they
             gave
             them
             againe
             with
             the
             other
             .
             Ivo
             toucheth
             upon
             this
             tricke
             in
             his
             epistles
             .
             
             For
             amongst
             other
             reasons
             to
             prove
             that
             investiture
             is
             no
             heresie
             ,
             hee
             puts
             this
             ;
             
               If
               Investiture
               were
               an
               heresie
               ,
               hee
               that
               renounceth
               it
               could
               not
               be
               restor'd
               without
               blemish
               to
               himselfe
               .
               Now
               wee
               see
               many
               honest
               men
               ,
               both
               in
            
             Germany
             and
             France●
             
               give
               up
               their
               Pastorall
               staffes
               to
               wash
               away
               that
               staine
               by
               some
               shew
               of
               satisfaction
               ,
               and
               resume
               those
               Investitures
               which
               they
               had
               renounced
               ,
               from
               the
               Apostolique
               hand
               .
            
             
             So
             did
             Thomas
             the
             Archbishop
             of
             Canterburie
             ,
             who
             put
             Henry
             the
             second
             ,
             King
             of
             England
             ,
             to
             so
             much
             trouble
             .
             For
             being
             at
             the
             Councel
             of
             
               Tours
               ,
               Hee
               secretlie
               resigned
               that
               Archbishoprique
               into
               the
               Popes
               hands
               which
               he
               had
               received
               from
               the
               Kings
               hand
               ,
               and
               it
               was
               afterwards
               restor'd
               him
               againe
               at
               the
               same
               instant
               from
               the
               Popes
               hand
               .
            
             It
             was
             Alexander
             the
             third
             who
             held
             this
             Councell
             at
             Tours
             in
             the
             year
             1163.
             
          
        
      
       
         
         
         
           A
           REVIEW
           OF
           THE
           COVNCELL
           OF
           TRENT
           .
           BOOKE
           VI.
           
        
         
           
             CHAP.
             I.
             Of
             things
             attributed
             to
             the
             Pope
             by
             this
             Councell
             in
             matter
             of
             justice
             .
             And
             first
             of
             criminall
             causes
             of
             Bishops
             .
          
           
             1
             WEE
             will
             treat
             in
             this
             Booke
             of
             Iustice
             and
             Iurisdiction
             ,
             
             and
             wil
             make
             it
             clearly
             appear
             that
             this
             Councel
             hath
             ,
             as
             far
             as
             it
             was
             able
             ,
             robb'd
             Kings
             &
             Princes
             and
             other
             Clergie
             men
             of
             them
             to
             bestow
             them
             upon
             the
             Pope
             .
             It
             is
             a
             most
             true
             Maxime
             that
             all
             Iurisdictions
             do
             spring
             from
             secular
             Princes
             ;
             that
             the
             source
             and
             fountaine
             of
             them
             is
             hereditarie
             to
             them
             ,
             whence
             the
             rivulets
             are
             derived
             upon
             their
             officers
             ,
             and
             upon
             Ecclesiasticall
             persons
             ,
             and
             others
             whom
             they
             thinke
             good
             :
             Clergie
             men
             from
             the
             greatest
             to
             the
             least
             have
             no
             coactive
             jurisdictions
             ,
             but
             such
             as
             spring
             from
             thence
             .
             Kings
             and
             Emperours
             have
             parted
             with
             it
             ,
             and
             have
             honoured
             them
             with
             it
             ,
             but
             in
             such
             sort
             as
             some
             of
             them
             both
             did
             and
             doe
             abuse
             it
             daily
             .
             They
             are
             come
             so
             farre
             as
             to
             contest
             with
             their
             officers
             ,
             to
             attempt
             against
             them
             ,
             to
             make
             laws
             for
             extending
             the
             traine
             of
             their
             robes
             further
             ;
             yea
             even
             to
             subdue
             unto
             themselves
             those
             from
             whom
             they
             received
             that
             power
             ;
             and
             by
             a
             most
             unsufferable
             
             ingratitude
             ,
             to
             declare
             and
             pretend
             them
             subject
             to
             their
             jurisdiction
             .
             
             All
             this
             is
             proved
             by
             us
             elsewhere
             .
             Wee
             will
             onely
             say
             here
             that
             this
             Councell
             ●●●h
             gone
             about
             as
             it
             were
             to
             lay
             at
             the
             Popes
             feet
             all
             the
             spoiles
             and
             conquests
             which
             all
             other
             Bishops
             have
             got
             from
             those
             victories
             obtained
             by
             them
             ●t
             divers
             times
             over
             the
             temporall
             Iurisdiction
             ,
             and
             over
             those
             to
             whom
             it
             belongs
             ,
             and
             to
             paire
             also
             that
             which
             is
             left
             unto
             them
             ,
             making
             it
             almonst
             unserviceable
             and
             invalid
             ,
             at
             least
             for
             as
             much
             as
             concernes
             the
             Pope
             and
             his
             Clergie
             ,
             whom
             it
             totally
             exempts
             from
             their
             Iurisdiction
             .
          
           
             2
             We
             shall
             make
             it
             appeare
             plainly
             that
             this
             Councell
             hath
             dealt
             very
             liberally
             with
             the
             Pope
             in
             this
             respect
             ,
             and
             that
             it
             hath
             strain'd
             it selfe
             to
             confirme
             his
             usurpations
             ,
             yea
             even
             to
             augment
             them
             without
             sparing
             any
             thing
             .
             First
             of
             all
             it
             attributes
             to
             the
             Pope
             the
             cognizance
             and
             judgement
             of
             all
             criminall
             causes
             of
             Bishops
             ,
             except
             pettie
             ones
             .
             
             
               That
               the
               Pope
               onely
               have
               the
               cognizance
               and
               decision
               of
               all
               criminall
               causes
               which
               are
               more
               haino●s
               objected
               against
               Bishops
               ,
               and
               even
               of
               heresie
               ,
               which
               God
               forbid
               .
               But
               if
               the
               cause
               be
               such
               as
               it
               must
               necessarily
               be
               tried
               out
               of
               the
               Court
               of
            
             Rome
             ,
             
               let
               it
               not
               bee
               committed
               to
               any
               persons
               excepting
               such
               Metropolitans
               or
               Bishops
               as
               the
               Pope
               shall
               chuse
               .
               That
               this
               commission
               be
               in
               speciall
               ,
               and
               sealed
               with
               the
               Popes
               hand
               ,
               and
               that
               hee
               never
               give
               them
               any
               greater
               power
               but
               onely
               to
               receive
               the
               bare
               instruction
               for
               matter
               of
               fact
               ,
               and
               to
               make
               the
               processe
               ,
               which
               they
               shall
               forthwith
               send
               to
               the
               Pope
               :
               the
               definitive
               sentence
               being
               alwayes
               reserv'd
               unto
               the
               Pope
               .
            
          
           
             3
             In
             another
             decree
             it
             is
             ordained
             ,
             
               That
               the
               causes
               of
               Bishops
               ,
               when
               by
               reason
               of
               the
               quality
               of
               the
               crime
               which
               is
               objected
               unto
               them
               ,
               they
               ought
               to
               make
               appearance
               ,
               be
               brought
               before
               our
               holy
               Father
               the
               Pope
               ,
               and
               be
               determined
               by
               him
               .
            
             
             It
             is
             also
             decreed
             against
             Bishops
             that
             keepe
             concubines
             ,
             
             
               That
               if
               they
               doe
               not
               abstaine
               from
               that
               crime
               after
               they
               have
               beene
               admonished
               by
               the
               Provinciall
               Councell
               ,
               they
               shall
               bee
               complained
               of
               to
               the
               Pope
               by
               the
               same
               Councell
               ,
               who
               shall
               punish
               them
               according
               to
               the
               quality
               of
               their
               offence
               ,
               even
               by
               deprivation
               ,
               if
               need
               require
               .
            
             So
             that
             a
             Provinciall
             Councell
             hath
             no
             power
             to
             condemne
             a
             Bishop
             for
             criminall
             matters
             ,
             save
             onely
             for
             Peccadillo's
             ;
             such
             as
             we
             may
             say
             for
             playing
             at
             ball
             ,
             for
             getting
             up
             late
             in
             a
             morning
             ,
             and
             such
             like
             things
             .
          
           
             4
             Now
             wee
             say
             on
             the
             contrarie
             ,
             that
             the
             cognizance
             of
             such
             crimes
             belongs
             to
             Emperors
             and
             Kings
             :
             That
             they
             themselves
             ofttimes
             have
             proceeded
             to
             judgement
             :
             That
             they
             have
             assembled
             Councels
             for
             that
             end
             ,
             and
             have
             assisted
             and
             presided
             there
             :
             That
             sometimes
             they
             have
             committed
             the
             same
             judgement
             to
             the
             said
             Councels
             ,
             or
             their
             Iudges
             :
             That
             Popes
             themselves
             have
             become
             petitioners
             unto
             them
             ,
             yea
             plaintives
             before
             them
             ,
             and
             which
             is
             more
             ,
             have
             themselves
             beene
             judged
             by
             them
             .
          
           
             5
             The
             Bishops
             of
             the
             Nicen●
             Councel
             ,
             acknowledge
             Constantine
             for
             their
             Iudge
             ;
             when
             they
             presented
             their
             Libels
             unto
             him
             ,
             wherein
             they
             accused
             one
             another
             ;
             hee
             blush'd
             at
             that
             in
             their
             behalfe
             ,
             and
             would
             have
             covered
             their
             shame
             by
             suppressing
             such
             Investitures
             ,
             using
             this
             honest
             shi●t
             to
             them
             ,
             that
             they
             could
             not
             be
             judged
             by
             any
             man.
             In
             which
             the
             Pope
             alone
             tooke
             him
             at
             his
             word
             ;
             although
             hee
             were
             absent
             ,
             and
             hath
             made
             good
             use
             of
             it
             afterwards
             .
             Now
             that
             Constantine
             said
             this
             by
             way
             of
             complement
             ,
             and
             to
             suppresse
             those
             dishonorable
             quarrels
             ,
             appears
             from
             hence
             ,
             that
             upon
             other
             occasions
             hee
             either
             tooke
             the
             judgement
             upon
             himselfe
             in
             the
             causes
             of
             Bishops
             ,
             or
             committed
             it
             to
             his
             Officers
             .
             Hee
             made
             the
             Bishops
             of
             the
             Synod
             of
             Tyre
             to
             come
             unto
             him
             ,
             to
             render
             a
             reason
             of
             their
             ●act
             in
             the
             condemnation
             of
             Athanasius
             .
             And
             after
             hee
             had
             heard
             them
             ,
             confirmed
             their
             sentence
             ,
             
             being
             moved
             so
             to
             doe
             by
             the
             testimony
             of
             false
             witnesses
             which
             were
             subborn'd
             ;
             and
             sent
             Athanasius
             unto
             banishments
             into
             Tryer
             a
             citie
             in
             
               Gallia
               Belgica
            
          
           
             6
             The
             same
             Emperour
             ,
             after
             hee
             had
             twice
             ordain'd
             Ecclesiasticall
             judges
             
             to
             determine
             the
             cause
             of
             Cecilianus
             an
             Orthodox
             Bishop
             ;
             
             at
             last
             he
             himselfe
             tooke
             it
             into
             his
             cognizance
             ,
             and
             gave
             the
             finall
             sentence
             .
             So
             say
             the
             Clergy
             of
             Hippo
             in
             Africa
             ,
             in
             that
             epistle
             which
             St.
             Augustine
             made
             upon
             the
             same
             occasion
             ,
             and
             sent
             to
             
               Ianuarius
               :
               Being
               so
               stricken
               in
               age
               as
               you
               are
               ,
               wee
               suppose
               you
               know
               very
               well
               ,
               how
               the
               partisans
               of
            
             Donatus
             ,
             
             
               of
               their
               owne
               proper
               motion
               ,
               accused
            
             Cecilian
             ,
             
               then
               Bishop
               of
            
             Carthage
             ,
             
               before
               that
               ancient
               Emperour
            
             Constantine
             .
             And
             he
             afterwards
             addes
             ,
             that
             the
             Emperour
             made
             an
             end
             of
             that
             Episcopall
             cause
             after
             he
             had
             the
             hearing
             of
             it
             .
          
           
             7
             
               The
               Emperour
            
             Constantius
             ,
             
               having
               judged
               of
               the
               great
               impietie
               of
            
             Actius
             .
             
             
               sent
               him
               presentlie
               into
               banishment
               ,
               and
               commanded
               that
               he
               should
               be
               carried
               un●o
               a
               certaine
               place
               of
            
             Phrygia
             ,
             saith
             Theodoret.
             The
             forme
             of
             procee●ings
             is
             set
             downe
             by
             Sozomen
             a
             little
             more
             at
             large
             ,
             from
             whence
             we
             learne
             how
             Honoratus
             governour
             of
             Constantinople
             ,
             was
             first
             elected
             and
             deputed
             to
             proceed
             to
             the
             judgement
             of
             that
             Deacon
             ,
             and
             how
             the
             Emper●ur
             himselfe
             tooke
             it
             afterwards
             into
             his
             own
             hand
             .
             
             
               While
               these
               twentie
               Bishops
               sent
               from
               both
               Councels
               were
               at
               Constantinople
               ,
               together
               with
               some
               others
               who
               met
               there
               occasionally
               ,
               power
               was
               first
               given
               to
               Honoratus
               ,
               whom
               the
               Emperour
               had
               appointed
               governour
               of
               Constantinople
               ,
               to
               judge
               the
               cause
               of
               Aetius
               ,
               in
               the
               presence
               of
               the
               Counsellours
               of
               the
               great
               Counsell
               .
               But
               Constantius
               afterwards
               having
               taken
               the
               same
               cause
               into
               his
               cognizance
               ,
               together
               with
               the
               Magistrates
               ,
               Aetius
               was
               found
               to
               thinke
               amisse
               of
               the
               faith
               ,
               insomuch
               that
               both
               the
               Emperour
               and
               the
               rest
               were
               greatlie
               offended
               with
               his
               words
               full
               of
               blasphemie
               .
            
          
           
             8
             Saint
             Augustine
             intreats
             Apringius
             proconsull
             of
             Africa
             and
             Marcellinus
             the
             tribune
             ,
             
             to
             condemne
             certain
             Clerks
             ,
             partisans
             of
             Donatus
             ,
             to
             a
             more
             gentle
             punishment
             than
             they
             had
             deserved
             ,
             acknowledging
             them
             for
             Iudges
             in
             E●clesiasticall
             causes
             .
             He
             speaks
             thus
             unto
             the
             Proconsul
             ,
             interceding
             for
             his
             enemies
             .
             
               Why
               will
               you
               not
               mitigate
               your
               sentence
               ,
               seeing
               it
               is
               lawfull
               for
               Iudges
               so
               to
               doe
               ,
               even
               in
               other
               causes
               which
               doe
               not
               concerne
               the
               Church
               ?
            
             And
             a
             little
             after
             ,
             
               When
               their
               enemies
               are
               too
               mildlie
               proceeded
               against
               ,
               men
               are
               wont
               to
               appeale
               a
            
             Minori
             .
             
               Wee
               love
               our
               enemies
               so
               well
               ,
               that
               if
               we
               had
               not
               a
               good
               opinion
               of
               your
               Christian
               obedience
               ,
               we
               would
               appeale
               from
               the
               severitie
               of
               your
               sentence
               .
            
             This
             is
             spoken
             by
             a
             man
             which
             approved
             their
             jurisdiction
             ,
             otherwise
             hee
             would
             have
             said
             they
             had
             nothing
             to
             doe
             to
             judge
             of
             the
             controversie
             .
          
           
             9
             The
             Emperour
             Gratian
             granted
             a
             commission
             to
             Sapor
             ,
             one
             of
             his
             chief
             officers
             ,
             to
             eject
             the
             Arrian
             Bishops
             out
             of
             their
             Churches
             ,
             
             and
             replace
             the
             Orthodox
             in
             them
             ,
             according
             to
             the
             law
             which
             he
             had
             made
             .
             By
             virtue
             of
             this
             commission
             Sapor
             judged
             of
             the
             difference
             which
             was
             betwixt
             
               Paulinus
               ,
               Apollinaris
            
             ,
             and
             Meletius
             in
             point
             of
             Religion
             ,
             deposing
             the
             o●e
             and
             establishing
             the
             other
             .
             Sapor
             (
             saith
             Theodoret
             )
             
               being
               appointed
               Iudge
               of
               those
               matters
               which
               were
               urged
               on
               either
               side
               ,
               adjudged
               the
               Churches
               unto
               great
            
             Meletius
             .
             
             Paulinus
             
               remained
               Bishop
               and
               Pastor
               of
               those
               sheep
               whom
               he
               had
               formerlie
               separated
               from
               the
               rest
               ,
               and
            
             Apollinaris
             
               being
               rejected
               from
               the
               government
               of
               the
               Churches
               begun
               openlie
               to
               publish
               that
               doctrine
               which
               hee
               had
               latelie
               invented
               ,
               and
               declare
               himselfe
               the
               head
               of
               that
               sect
               .
            
          
           
             10
             Maximus
             the
             Emperour
             of
             the
             Gaules
             ,
             received
             the
             appeale
             which
             was
             put
             in
             by
             Priscillian
             Bishop
             of
             Spaine
             ,
             from
             the
             Councell
             of
             Burdeaux
             ,
             
             to
             whom
             hee
             had
             committed
             the
             judgement
             of
             him
             .
             Hee
             deputed
             Euodius
             one
             of
             the
             governours
             of
             his
             Provinces
             ,
             
               Who
               after
               he
               had
               heard
               Priscillian
               in
               two
               judgements
               ,
               hee
               being
               convinced
               of
               the
               crime
               ,
               was
               by
               him
               pronounced
               guilty
               ,
               and
               sent
               to
               prison
               againe
               ,
               till
               such
               time
               as
               he
               had
               certified
               the
               Prince
               of
               him
               .
               The
               processe
               being
               related
               at
               Court
               ,
               the
               Emperour
               was
               aminded
               that
               Priscillian
               and
               his
               complices
               should
               bee
               condemned
               to
               death
               .
            
          
           
           
             
             11
             Sometimes
             the
             Emperours
             themselves
             ,
             or
             their
             Officers
             ,
             proceed
             to
             the
             judgements
             and
             condemnations
             of
             Clergymen
             ,
             with
             Councels
             called
             for
             this
             purpose
             ,
             by
             the
             authoritie
             of
             the
             same
             Emperours
             .
             So
             Elpidius
             ,
             and
             Eulogius
             ,
             Magistrates
             and
             Officers
             ,
             were
             commanded
             by
             Theodosius
             to
             assist
             at
             the
             second
             Councel
             of
             Ephesus
             ,
             where
             the
             condemnation
             of
             Eutiches
             was
             controverted
             .
             Their
             Commission
             runnes
             thus
             ;
             
               To
               be
               present
               at
               the
               judgement
               ,
               and
               to
               take
               order
               that
               a
               speedy
               and
               pertinent
               proofe
               be
               made
               by
               the
               Synod
               ,
               and
               sent
               to
               the
               Emperour
               .
               
               Those
               who
               had
               beene
               Eutiches
               his
               Iudges
               before
               ,
               being
               now
               present
               ,
               but
               not
               Iudges
               .
            
          
           
             
             12
             Wee
             read
             in
             the
             Acts
             of
             the
             Councell
             of
             Chalcedon
             ,
             of
             a
             petition
             put
             up
             by
             Eusebius
             Bishop
             of
             Dorylea
             ,
             directed
             to
             the
             Emperours
             Valentinian
             and
             Martian
             ,
             where
             hee
             intreats
             them
             that
             they
             would
             grant
             the
             cognizance
             of
             the
             injurie
             which
             had
             beene
             done
             unto
             him
             by
             Dioscorus
             Bishop
             of
             Alexandria
             ,
             unto
             the
             second
             Councell
             of
             Ephesus
             ,
             and
             of
             the
             death
             of
             Flavianus
             Bishop
             of
             Constantinople
             ,
             whereof
             the
             same
             Dioscorus
             was
             accused
             at
             the
             Synod
             of
             Chalcedon
             .
             
             
               To
               the
               intent
               that
               it
               may
               heare
               us
               (
               these
               are
               the
               very
               words
               )
               and
               also
               Dioscorus
               ,
               and
               report
               unto
               your
               pietie
               all
               that
               passeth
               ,
               that
               you
               may
               doe
               in
               it
               ,
               as
               it
               shall
               please
               your
               clemencie
               .
            
             Wee
             read
             there
             also
             another
             petition
             of
             Savinian
             ,
             Bishop
             of
             Lesina
             ,
             
             exhibited
             unto
             the
             same
             Emperours
             whereby
             they
             are
             intreated
             
               To
               command
               that
               his
               cause
               may
               bee
               examined
               in
               their
               presence
               :
            
             it
             was
             so
             in
             the
             presence
             of
             the
             Officers
             and
             Magistrates
             ,
             who
             passed
             sentence
             upon
             it
             in
             full
             Councell
             :
             ordai●ing
             that
             Savinian
             
               should
               continue
               in
               his
               Bishoprique
            
             ,
             
             yet
             with
             a
             Proviso
             .
             Which
             was
             agreed
             unto
             by
             the
             whole
             Councel
             .
             Where
             it
             is
             to
             bee
             observed
             ,
             that
             these
             Magistrates
             first
             judged
             of
             the
             cause
             ,
             and
             pronounced
             the
             sentence
             ,
             and
             afterwards
             asked
             the
             Fathers
             of
             the
             Councel
             whether
             they
             liked
             it
             or
             no.
             
             
               The
               holy
               Synod
               (
               say
               they
               )
               having
               heard
               what
               sentence
               wee
               have
               past
               ,
               let
               them
               say
               whether
               they
               decree
               the
               same
               ,
               or
               whether
               they
               be
               of
               another
               opinion
               .
               The
               holy
               Synod
               said
               ,
               There
               is
               nothing
               more
               just
               nor
               more
               upright
               .
            
          
           
             13
             In
             the
             third
             booke
             
               Iuris
               Graeco-Romani
            
             ,
             in
             the
             first
             tome
             ,
             we
             read
             this
             Decree
             concerning
             the
             deposition
             of
             a
             Bishop
             .
             
             
               
                 Iohn
                 Amathunt
              
               ,
               Bishop
               ,
               having
               been
               depos'd
               by
               Iohn
               Archbishop
               of
               Cyrus
               ,
               and
               the
               Decree
               of
               that
               deposition
               having
               beene
               read
               at
               the
               Emperours
               tribunall
               ,
               having
               found
               that
               he
               was
               depos'd
               by
               fifteene
               Bishops
               ,
               and
               one
               Archbishop
               ,
               the
               most
               holy
               Patriarch
               Luke
               ,
               with
               the
               assistance
               of
               his
               Synod
               ,
               and
               the
               Senate
               there
               present
               ,
               ordain'd
               that
               such
               deposition
               was
               invalid
               ,
               and
               of
               no
               account
               ,
               because
               the
               whole
               Synod
               of
               the
               Church
               of
               Cyprus
               was
               not
               assembled
               .
            
          
           
             14
             Sometimes
             the
             Emperours
             confirmed
             the
             sentence
             of
             the
             Synods
             containing
             such
             condemnations
             .
             As
             Iustinian
             did
             that
             of
             Anthemius
             Archbishop
             of
             Constantinople
             ,
             and
             of
             some
             others
             ,
             deposed
             by
             a
             Synod
             of
             Constantinople
             .
             And
             that
             because
             those
             condemnations
             were
             found
             to
             bee
             invalid
             ,
             if
             they
             were
             not
             fortified
             by
             the
             Emperours
             ,
             to
             whom
             such
             jurisdiction
             did
             properly
             appertaine
             .
             Iustinian
             after
             hee
             had
             made
             the
             confirmation
             aforesaid
             ,
             saith
             ,
             
             
               If
               there
               bee
               any
               other
               thing
               contained
               in
               the
               sentence
               of
               the
               most
               holy
               Bishops
               ,
               which
               deposeth
               ,
               and
               anathematizeth
               the
               persons
               aforesaid
               ,
               wee
               also
               ordaine
               the
               like
               more
               firmely
               ,
               and
               with
               more
               continuance
               ,
               and
               wee
               make
               it
               of
               force
               by
               our
               Imperiall
               lawes
               ,
               just
               as
               if
               it
               had
               beene
               a
               thing
               done
               by
               our
               owne
               command
               .
            
          
           
             15
             The
             Popes
             have
             so
             farre
             beleeved
             and
             holden
             for
             certaine
             this
             juris●diction
             of
             Emperours
             over
             Bishops
             and
             other
             Ecclesiastiques
             ,
             that
             they
             them●selves
             have
             been
             intercessours
             unto
             them
             ,
             to
             get
             them
             to
             proceed
             unto
             such
             judgements
             .
             Pope
             Liberius
             intreated
             the
             Emperor
             Constantius
             ,
             that
             hee
             would
             make
             the
             cause
             of
             Athanasius
             be
             judged
             ,
             
             
               If
               your
               clemencie
               thinke
               good
            
             (
             saith
             hee
             )
             
               that
               you
               would
               let
               him
               be
               judged
               .
            
             
             Pope
             Iulius
             had
             recourse
             to
             the
             Emperour
             Constans
             in
             behalfe
             of
             the
             same
             Athanasius
             ,
             and
             of
             Paul
             ,
             who
             presented
             
             him
             with
             letters
             directed
             to
             his
             brother
             Constantius
             upon
             the
             same
             occasion
             .
             
          
           
             16
             Gregory
             the
             Great
             intreats
             the
             Kings
             of
             
               France
               Theodoric
            
             ,
             and
             Theodebert
             to
             doe
             justice
             to
             Vrsicius
             Bishop
             of
             
               Turin
               ,
               To
               make
               justice
               in
               all
               things
               bee
               observed
               towards
               him
               ,
               and
               the
               truth
               being
               knowne
               ,
            
             
             
               to
               make
               that
               be
               amended
               which
               hath
               beene
               unlawfully
               committed
               against
               him
               ;
               and
               to
               cause
               that
               to
               bee
               restored
               with
               equitie
               which
               was
               taken
               from
               him
               by
               violence
               .
            
             This
             Bishop
             had
             beene
             deposed
             ,
             and
             another
             put
             in
             his
             place
             .
             The
             same
             Pope
             after
             he
             had
             divers
             times
             intreated
             the
             same
             Kings
             of
             France
             to
             call
             a
             Councell
             in
             their
             Realme
             ,
             for
             restraining
             of
             the
             crime
             of
             Simonie
             ,
             which
             was
             at
             that
             time
             verie
             rife
             ,
             writ
             at
             last
             to
             Queene
             Brunchaut
             in
             these
             termes
             ;
             
             
               Let
               your
               letters
               bee
               directed
               unto
               us
               ,
               and
               if
               you
               command
               us
               with
               your
               consent
               and
               authoritie
               ,
               we
               will
               send
               you
               some
               on
               our
               behalfe●
               to
               inquire
               straitly
               into
               th●se
               things
               ,
               together
               with
               the
               rest
               of
               the
               Clergy
               ,
               and
               to
               make
               such
               reformation
               thereof
               as
               shall
               be
               acceptable
               to
               God.
               For
               these
               things
               ought
               not
               to
               bee
               dissembled
               :
               inasmuch
               as
               hee
               that
               hath
               power
               to
               correct
               them
               ,
               and
               notwithstanding
               neglects
               to
               doe
               it
               ,
               makes
               himselfe
               a
               sha●er
               in
               the
               fault
               .
            
          
           
             17
             Gratians
             Decret
             gives
             further
             credit
             unto
             this
             Imperiall
             jurisdiction
             over
             Bishops
             in
             criminall
             causes
             :
             considering
             that
             there
             a
             certain
             Pope
             ,
             whether
             it
             bee
             Gregorie
             or
             Pelagins
             ,
             speaks
             on
             this
             manner
             ;
             
             
               Behold
               what
               wee
               demand
               and
               require
               further
               ,
               that
               you
               would
               send
               unto
               the
               most
               gentle
               Prince
               ,
            
             Paulinus
             
               that
               false
               Bishop
               of
            
             Aquileia
             ,
             
               and
               that
               other
               of
            
             Millaine
             ,
             
               under
               good
               and
               sufficient
               guard
               ;
               to
               the
               intent
               that
               he
               who
               can
               no
               waies
               be
               a
               Bishop
               (
               inasmuch
               as
               he●
               was
               created
               contrary
               to
               all
               canonicall
               custome
               )
               destroy
               not
               others
               ;
               and
               hee
               who
               hath
               attempted
               to
               ordaine
               against
               the
               ancient
               custome
               ,
               may
               be
               submitted
               unto
               the
               punishment
               of
               the
               Canons
               .
            
             Hee
             that
             collected
             the
             summarie
             of
             this
             Canon
             conceives
             some
             policie
             in
             it
             ,
             when
             hee
             saith
             ,
             
               That
               those
               should
               bee
               corrected
               by
               Princes
               ,
               who
               cannot
               be
               corrected
               by
               the
               Church
            
             ;
             making
             the
             rule
             by
             this
             means
             no
             more
             than
             an
             exception
             ,
             as
             hee
             ofttimes
             makes
             rules
             of
             exceptions
             .
             But
             it
             may
             bee
             hee
             meant
             that
             these
             Bishops
             could
             not
             by
             right
             bee
             corrected
             by
             the
             Church
             ,
             because
             she
             hath
             no
             such
             power
             .
             If
             this
             bee
             his
             meaning
             ,
             wee
             take
             him
             at
             his
             word
             .
             There
             is
             yet
             more
             in
             it
             ,
             for
             the
             Popes
             themselves
             have
             undergone
             this
             jurisdiction
             ,
             have
             beene
             judged
             ,
             condemned
             ,
             and
             deposed
             by
             the
             Emperours
             .
             Wee
             have
             given
             examples
             of
             it
             when
             wee
             treated
             of
             ●he
             power
             of
             a
             Councell
             above
             the
             Pope
             which
             wee
             will
             not
             now
             repeat
             .
          
           
             18
             By
             the
             law
             of
             the
             Emperours
             
               Valens
               ,
               Valentinian
            
             ,
             and
             Gratian
             the
             cognizance
             of
             crimes
             committed
             by
             Ecclesiasticall
             persons
             ,
             
             is
             reserved
             to
             the
             Magistrates
             .
             
               Arcadius
               ,
               Honorius
            
             ,
             and
             Theodosius
             declare
             the
             judgements
             passed
             by
             Episcopall
             Synods
             upon
             the
             crimes
             of
             Priests
             to
             bee
             valid
             ,
             so
             as
             they
             cannot
             bee
             disanull'd
             by
             themselves
             .
             Honorius
             and
             Theodosius
             will
             have
             Clerks
             to
             be
             accused
             before
             their
             Bishops
             .
             
               Iustinians
               Novel
            
             gives
             the
             cognizance
             of
             civill
             crimes
             by
             them
             committed
             unto
             the
             Lay
             Iudges
             ;
             and
             of
             Ecclesiasticall
             to
             the
             Bishops●
             so
             that
             this
             cannot
             be
             understood
             but
             of
             the
             meaner
             sort
             of
             Clergy
             men
             ,
             such
             as
             are
             inferiour
             to
             Bishops
             .
             And
             of
             these
             it
             is
             spoken
             in
             another
             constitution
             which
             forbids
             the
             Civill
             and
             Militarie
             Iudges
             and
             Magistrates
             to
             call
             them
             before
             them
             for
             civill
             and
             criminall
             matters
             ,
             unlesse
             they
             have
             the
             Princes
             command
             for
             it
             .
             Where
             two
             things
             are
             to
             bee
             considered
             ;
             one
             ,
             that
             it
             is
             an
             Emperour
             which
             ordaines
             it
             ,
             and
             therefore
             hee
             hath
             the
             disposall
             of
             it
             ;
             the
             other
             ,
             that
             he
             reserves
             unto
             himselfe
             the
             cognizance
             or
             authoritie
             .
          
           
             19
             The
             Councell
             of
             Milevis
             ,
             holden
             in
             the
             year
             foure
             hundred
             and
             two
             ,
             confesseth
             and
             avoweth
             this
             Imperiall
             jurisdiction
             ;
             
             
               It
               pleaseth
               us
            
             (
             say
             the
             fathers
             of
             it
             )
             
               that
               whosoever
               shall
               demand
               of
               the
               Emperour
               the
               cogni●ance
               of
               publique
               judgements
               ,
               bee
               deprived
               of
               his
               dignitie
               .
               But
               if
               hee
               desire
               of
               the
               Emperour
               onely
               the
               exercise
               of
               Episcopall
               judgement
               ,
               that
               can
               no
               way
               hurt
               him
               .
            
             The
             judgement
             
             over
             Lay
             men
             in
             publique
             crimes
             ,
             
             was
             thought
             to
             suit
             ill
             with
             Bishops
             :
             and
             therefore
             it
             is
             condemn'd
             in
             this
             Councell
             :
             the
             other
             is
             permitted
             ,
             but
             so
             as
             they
             tooke
             it
             from
             the
             hands
             of
             the
             Emperour
             .
             It
             is
             strange
             that
             in
             all
             these
             places
             there
             is
             no
             mention
             of
             Popes
             ,
             no
             more
             than
             if
             there
             had
             beene
             no
             such
             men
             in
             the
             world
             .
          
           
             
             20
             The
             sixt
             Canon
             of
             the
             first
             Councell
             of
             Constantinople
             ,
             disposeth
             somewhat
             boldly
             of
             Ecclesiasticall
             jurisdiction
             ,
             to
             the
             prejudice
             of
             the
             Imperiall
             right
             ,
             in
             attributing
             the
             judgement
             of
             crimes
             committed
             by
             Bishops
             unto
             provinciall
             Synods
             ;
             and
             forbidding
             them
             to
             have
             recourse
             either
             to
             the
             Emperor
             ,
             or
             other
             secular
             Princes
             for
             judgement
             ,
             or
             to
             a
             Generall
             Councell
             ,
             despising
             that
             Decree
             ,
             and
             neglecting
             the
             Bishops
             of
             particular
             Dioceses
             .
             It
             was
             a
             litle
             too
             much
             entrenched
             upon
             the
             Emperour
             .
             Howsoever
             we
             draw
             from
             hence
             this
             advantage
             ,
             that
             in
             the
             making
             of
             this
             Order
             about
             Episcopall
             judgements
             in
             criminall
             matters
             ,
             the
             Pope
             was
             never
             reckoned
             of
             .
             And
             yet
             the
             Councell
             of
             Trent
             gives
             to
             him
             alone
             the
             criminall
             and
             supreme
             jurisdiction
             in
             the
             first
             place
             over
             all
             other
             Bishops
             in
             the
             world
             :
             in
             such
             sort
             as
             neither
             the
             Emperour
             ,
             nor
             Kings
             and
             Princes
             ,
             nor
             their
             Officers
             ,
             nor
             Synods
             either
             Provinciall
             or
             Generall
             can
             intermeddle
             .
          
           
             21
             Let
             us
             now
             speak
             of
             our
             France
             ,
             and
             shew
             the
             prejudice
             done
             unto
             it
             by
             this
             Decree
             .
             In
             the
             time
             of
             our
             ancient
             Kings
             ,
             the
             Bishops
             upon
             any
             crime
             whatsoever
             ,
             were
             accused
             in
             a
             Synod
             of
             the
             Churches
             of
             t●e
             Realme
             .
             So
             Guntrand
             King
             of
             Burgundy
             caused
             a
             Synod
             to
             assemble
             at
             Lyons
             ,
             where
             two
             Bishops
             ,
             
             Salonius
             and
             Sagittarius
             ,
             were
             accused
             ,
             convinced
             ,
             and
             condemn'd
             ,
             and
             put
             out
             of
             their
             Bishopriques
             ,
             for
             some
             crimes
             by
             them
             commi●ted
             .
             It
             is
             true
             ,
             that
             by
             their
             flatteries
             they
             prevailed
             so
             farre
             with
             the
             King
             afterwards
             ,
             that
             he
             gave
             them
             leave
             to
             have
             recourse
             to
             Pope
             Iohn●
             to
             whom
             also
             he
             writ
             in
             their
             behalfe
             :
             yea
             upon
             the
             request
             afterwards
             made
             unto
             him
             by
             the
             Pope
             ,
             hee
             restored
             them
             to
             their
             Bishopriques
             .
             But
             all
             this
             was
             done
             onely
             by
             way
             of
             courtesie
             and
             complement
             ;
             an●
             because
             the
             King
             himselfe
             sought
             a
             faire
             way
             to
             restore
             them
             to
             their
             charge
             and
             dignities
             without
             offending
             the
             Synod
             .
          
           
             
             22
             King
             Chilperic
             having
             called
             an
             assembly
             of
             Bishops
             and
             Prelats
             in
             his
             Citie
             of
             Paris
             ,
             brought
             Pretextatus
             ,
             Bishop
             of
             Roan
             before
             them
             ,
             saying
             these
             words
             unto
             them
             ;
             
               Although
               the
               royall
               power
               may
               by
               the
               lawes
               condemne
               one
               that
               is
               guiltie
               of
               high
               treason
               ;
               notwithstanding
               that
               I
               may
               not
               oppose
               the
               ancient
               Canons
               ,
               I
               present
               this
               man
               unto
               you
               ,
               who
               hath
               falsly
               usurped
               the
               name
               of
               Pastour
               ,
               the
               authour
               of
               the
               conspiracie
               made
               against
               me
               .
            
             At
             last
             hee
             was
             condemn'd
             to
             banishment
             ,
             and
             afterwards
             recalled
             and
             restor'd
             to
             his
             citie
             and
             Bishoprique
             by
             the
             King
             himselfe
             .
             Chilperic
             assembled
             another
             Synod
             to
             try
             the
             accusation
             of
             high
             treason
             objected
             against
             Gregory
             Bishop
             of
             Tours
             ,
             grounded
             upon
             this
             surmise
             ,
             
             that
             he
             would
             have
             delivered
             the
             Citie
             of
             Tours
             to
             King
             Guntrand
             :
             where
             he
             was
             acquitted
             as
             not
             guilty
             ,
             and
             Leudastus
             his
             accus●r
             excommunicated
             .
             Chilperic
             also
             upon
             an
             accusation
             brought
             by
             one
             Su●nigisilus
             against
             Giles
             Bishop
             of
             Rhemes
             ,
             as
             guiltie
             of
             a
             conspiracie
             against
             King
             Childebert
             ,
             caused
             him
             to
             be
             apprehended
             and
             carried
             to
             the
             Citie
             of
             Mentz
             :
             where
             he
             assembled
             some
             Bishops
             ,
             who
             proceeding
             to
             judgement
             upon
             him
             ,
             deposed
             him
             from
             his
             Bishoprique
             ,
             and
             confined
             him
             to
             
               Strasbourg
               .
               Didier
            
             Archbishop
             of
             Guien
             was
             deposed
             at
             a
             Provinciall
             Councell
             assembled
             by
             the
             same
             King
             at
             Chaalons
             in
             Burgundy
             .
          
           
             23
             Childebert
             and
             ●untrand
             made
             certaine
             Bishops
             assemble●
             to
             proceed
             in
             judgement
             upon
             the
             Abbesse
             and
             her
             Religious
             of
             Poictiers
             .
             
             
               Wee
               are
               met
               together
            
             (
             say
             those
             Bishops
             )
             
               by
               the
               command
               directed
               unto
               us
               ,
               by
               virtue
               of
               your
               power
               .
            
             Bishop
             Adlabert
             was
             condemned
             of
             heresie
             by
             three
             and
             twentie
             Bishops
             at
             the
             Councell
             of
             Soissons
             ,
             with
             the
             consent
             of
             King
             Pepin
             ,
             and
             of
             the
             
             people
             and
             the
             Counsell
             of
             the
             greatest
             Peeres
             in
             France
             .
             
             The
             like
             was
             done
             unto
             three
             Bishops
             accused
             of
             conspiracy
             against
             King
             Lewes
             the
             Piteous
             ,
             by
             the
             sentence
             of
             a
             Synod
             assembled
             to
             that
             end
             by
             his
             command
             .
             So
             King
             Charles
             the
             Bald
             assembled
             some
             Bishops
             to
             condemne
             his
             sonne
             Carloman
             ,
             
             who
             was
             a
             Clergy
             man
             ,
             and
             his
             complices
             of
             the
             same
             profession
             .
          
           
             24
             Sometimes
             our
             Kings
             proceeded
             to
             judgement
             by
             their
             owne
             sole
             authoritie
             ,
             without
             ever
             assembling
             the
             Clergy
             .
             So
             Chartier
             Bishop
             of
             Perigord
             was
             accused
             before
             King
             Chilperic
             ,
             upon
             occasion
             of
             some
             letters
             writ
             against
             him
             ,
             and
             was
             acquitted
             because
             it
             could
             not
             be
             proved
             .
             One
             Theodorus
             Bishop
             of
             Marseilles
             ,
             was
             also
             brought
             and
             accused
             before
             King
             Childebert
             ;
             but
             in
             conclusion
             ,
             absolved
             as
             not
             guiltie
             :
             and
             accused
             after
             that
             ,
             together
             with
             another
             Bishop
             called
             Epiphanius
             ,
             that
             they
             had
             received
             into
             
               Marseilles
               ,
               Gundebaldus
            
             ,
             who
             said
             hee
             was
             the
             sonne
             of
             Lotharius
             :
             who
             after
             they
             were
             heard
             ,
             examined
             ,
             and
             found
             not
             guiltie
             ,
             were
             notwithstanding
             kept
             in
             prison
             .
          
           
             25
             We
             read
             notwithstanding
             that
             King
             Charles
             the
             Great
             called
             an
             assemblie
             of
             Bishops
             ,
             to
             heare
             Felix
             Bishop
             of
             Orgelle
             ,
             who
             was
             accused
             of
             heresie
             ,
             and
             being
             convinced
             ,
             he
             was
             sent
             to
             Rome
             to
             Pope
             Adrian
             ,
             before
             whom
             hee
             abjured
             his
             heresie
             ,
             and
             was
             sent
             backe
             to
             his
             Bishoprique
             .
             But
             it
             may
             bee
             answered
             that
             this
             was
             not
             properly
             an
             accusation
             ,
             but
             only
             a
             dispute
             ;
             and
             that
             when
             the
             Bishops
             of
             France
             had
             heard
             and
             convinced
             him
             of
             errour
             ,
             they
             would
             doe
             Pope
             Adrian
             that
             honour
             as
             to
             send
             him
             to
             him
             ,
             that
             hee
             might
             have
             the
             hearing
             of
             him
             afterwards
             .
             So
             his
             heresie
             was
             condemn'd
             yet
             after
             that
             at
             the
             Councell
             of
             Francfort
             ,
             as
             appears
             by
             the
             Acts
             of
             it
             .
          
           
             26
             The
             Popes
             were
             anciently
             so
             stanch
             in
             this
             regard
             ,
             that
             they
             tooke
             not
             upon
             them
             upon
             their
             owne
             accord
             to
             judge
             of
             the
             crimes
             of
             other
             Bishops
             ,
             save
             onely
             such
             as
             were
             of
             their
             owne
             Diocese
             ;
             but
             suffer'd
             those
             to
             proceed
             upon
             them
             to
             whom
             of
             right
             it
             appertained
             .
             So
             the
             Clergy
             of
             Valentia
             having
             accused
             Maximus
             their
             Bishop
             ,
             
             to
             Pope
             Boniface
             the
             first
             ,
             of
             many
             grievous
             and
             heinous
             crimes
             ,
             hee
             would
             not
             meddle
             in
             it
             ,
             but
             return'd
             the
             judgement
             to
             the
             Bishops
             of
             France
             .
             They
             would
             not
             take
             the
             cognizance
             of
             them
             ,
             neither
             in
             the
             first
             place
             nor
             by
             appeall
             ,
             not
             even
             then
             when
             the
             Bishops
             of
             a
             Province
             were
             divided
             (
             which
             yet
             was
             a
             faire
             pretence
             )
             but
             in
             that
             case
             they
             were
             cal'd
             in
             judgement
             before
             the
             Metropolitan
             and
             other
             Bishops
             of
             the
             next
             Province
             ;
             according
             to
             the
             fourteenth
             Canon
             of
             the
             Councel
             of
             Antioch
             inserted
             in
             the
             Decret
             :
             
             From
             which
             the
             Canon
             Hosius
             inserted
             in
             the
             same
             Decret
             doth
             no
             way
             derogate
             ,
             which
             speaks
             of
             civill
             controversies
             amongst
             Bishops
             ,
             and
             not
             of
             criminall
             causes
             ;
             as
             appears
             by
             the
             fourth
             Canon
             of
             the
             Councel
             of
             Sardis
             from
             whence
             it
             was
             taken
             .
             In
             which
             case
             it
             was
             granted
             as
             an
             honour
             to
             Saint
             Peters
             chaire
             ,
             that
             if
             either
             of
             the
             two
             Bishops
             bee
             not
             content
             with
             the
             judgements
             given
             by
             some
             of
             their
             fellow
             Bishops
             ,
             that
             they
             shall
             write
             thereof
             to
             the
             Bishop
             of
             Rome
             ,
             to
             the
             intent
             that
             if
             hee
             thinke
             good
             they
             should
             proceed
             to
             judgement
             againe
             ,
             his
             advice
             may
             be
             followed
             and
             and
             that
             Iudges
             may
             bee
             assign'd
             unto
             them
             by
             him
             .
          
           
             27
             But
             to
             returne
             to
             criminall
             matters
             .
             Such
             processe
             was
             ancientlie
             used
             concerning
             them
             in
             this
             Kingdome
             ,
             as
             wee
             have
             said
             already
             .
             That
             jurisdiction
             at
             this
             present
             is
             divided
             betwixt
             the
             Kings
             Officers
             and
             the
             Clergie
             of
             France
             .
             The
             Iudges
             Royall
             have
             the
             cognizance
             of
             priviledged
             causes
             ,
             such
             as
             are
             high
             treasons
             ,
             tumults
             ,
             seditions
             ,
             ambushes
             ,
             bearing
             of
             armes
             ,
             assassinations
             ,
             and
             such
             like
             :
             in
             respect
             of
             which
             they
             may
             proceed
             and
             pronounce
             against
             all
             kind
             of
             Clergy
             men
             ,
             yea
             even
             against
             Bishops
             and
             Archbishops
             .
             As
             for
             other
             crimes
             which
             are
             called
             common
             ,
             such
             as
             are
             actions
             of
             trespasse
             ,
             battery
             ,
             concubinages
             ,
             murders
             ,
             forgeries
             ,
             and
             such
             like
             ,
             the
             official
             and
             other
             Ecclesiasticall
             Iudges
             have
             the
             cognizance
             of
             them
             .
             If
             I
             should
             make
             these
             expositions
             
             in
             the
             Palace
             ,
             
             I
             should
             bee
             affraid
             that
             all
             the
             Proctours
             would
             cast
             their
             caps
             at
             mee
             ,
             to
             whom
             this
             is
             sufficiently
             knowne
             .
             But
             considering
             the
             foundations
             of
             our
             practise
             are
             shaken
             ,
             and
             are
             like
             to
             bee
             cut
             up
             by
             the
             root
             ,
             it
             is
             requisit
             that
             I
             make
             this
             rehearsall
             ,
             and
             that
             I
             bring
             authorities
             for
             proofe
             of
             my
             assertion
             ,
             for
             feare
             I
             bee
             accus'd
             of
             ignorance
             in
             a
             matter
             which
             every
             one
             knowes
             .
          
           
             28
             This
             distinction
             of
             crimes
             in
             the
             person
             of
             Clergy
             men
             ,
             is
             approved
             by
             the
             Ordinances
             of
             our
             Kings
             ,
             mention
             is
             made
             hereof
             in
             that
             of
             King
             Francis
             ,
             of
             the
             yeare
             1540●
             Article
             the
             eleventh
             made
             at
             Castle-Briant
             the
             year
             1551.
             
             And
             that
             of
             Henry
             the
             third
             made
             at
             Paris
             the
             year
             1580.
             
             Article
             the
             twentie
             one
             .
             Come
             wee
             now
             to
             the
             practise
             of
             our
             Courts
             .
             This
             distinction
             hath
             alwaies
             beene
             observed
             by
             all
             the
             Courts
             of
             France
             ,
             who
             have
             set
             downe
             the
             very
             forme
             which
             must
             be
             observed
             in
             such
             proceedings
             ;
             who
             have
             decree'd
             a
             That
             the
             processe
             shall
             bee
             made
             ,
             and
             finished
             by
             the
             Iudge
             Royall
             ,
             upon
             a
             priviledg'd
             case
             ,
             before
             it
             bee
             remitted
             to
             the
             Ecclesiasticall
             Iudge
             ,
             notwithstanding
             the
             declinatory
             .
             b
             That
             for
             tryall
             of
             the
             case
             Royall
             ,
             it
             shall
             bee
             lawfull
             to
             proceed
             even
             unto
             torture
             inclusively
             .
             c
             That
             for
             the
             crime
             of
             Adulterie
             ,
             committed
             with
             notorious
             fornication
             a
             Bishop
             or
             other
             Clergy
             man
             is
             under
             the
             jurisdiction
             Royall
             .
             d
             As
             also
             for
             the
             accusation
             of
             forgerie
             by
             him
             committed
             .
             e
             That
             a
             Lay
             Iudge
             upon
             just
             cause
             may
             make
             the
             processe
             made
             by
             the
             Officiall
             upon
             a
             common
             offence
             be
             brought
             before
             him
             .
             f
             And
             notwithstanding
             the
             absolution
             from
             the
             common
             offence
             ,
             condemne
             the
             party
             accused
             upon
             the
             priviledged
             case
             .
             g
             And
             an
             infinite
             number
             of
             other
             rules
             ,
             which
             it
             would
             bee
             tedious
             to
             rehearse
             .
             To
             urge
             the
             testimonie
             of
             our
             common
             Lawyers
             ,
             as
             of
             Mr.
             
               Giles
               Burdi●
            
             upon
             the
             Ordinances
             of
             the
             year
             1539.
             
             Mr.
             
               Iohn
               Imbert
            
             in
             his
             institutions
             of
             common
             law
             .
             Mr.
             Choppin
             in
             his
             treatise
             
               Du
               Domaine
            
             ,
             and
             many
             others
             ,
             would
             be
             a
             thing
             superfluous
             .
          
        
         
           
             CHAP.
             II.
             Of
             Delegations
             ,
             and
             Evocations
             .
          
           
             1
             THe
             Popes
             jurisdiction
             and
             authoritie
             is
             greatly
             augmented
             ,
             and
             inhaunsed
             in
             this
             ,
             that
             the
             Bishops
             and
             other
             Ecclesiastiques
             are
             made
             his
             commissaries
             and
             Delegates
             in
             divers
             cases
             ,
             which
             are
             of
             their
             owne
             proper
             and
             naturall
             jurisdiction
             .
             It
             is
             said
             in
             the
             first
             chapter
             of
             the
             fifth
             Session
             .
             
               That
               in
               the
               Monasteries
               of
               Monks
               ,
               where
               it
               may
               be
               conveniently
               done
               ,
               there
               shall
               bee
               a
               lecture
               read
               out
               of
               holy
               Scripture
               :
               And
               that
               in
               case
               the
               Abbats
               be
               negligent
               ,
               ●he
               Bishops
               of
               that
               place
               ,
               must
               compell
               them
               by
               convenient
               remedies
               ,
               as
               delegates
               for
               the
               See
               Apostolique
               .
            
             Now
             there
             is
             no
             doubt
             or
             difficultie
             ,
             
             but
             it
             belongs
             to
             Bishops
             to
             provide
             herein
             by
             their
             own
             proper
             authoritie
             ,
             in
             case
             of
             the
             negligence
             of
             Abbats
             .
             For
             the
             Abbats●
             Monks
             ,
             and
             Monasteries
             are
             subject
             to
             the
             Bishop
             of
             the
             Diocese
             where
             such
             Abbey●
             stand
             ,
             and
             they
             are
             under
             his
             power
             and
             jurisdiction
             by
             the
             21
             chapter
             of
             the
             Councel
             of
             Orleans
             Canonized
             in
             the
             Decret
             .
             They
             may
             depose
             the
             Abbats
             upon
             sufficient
             cause
             .
             They
             must
             take
             care
             for
             the
             profit
             and
             advantage
             of
             the
             Monasteries
             and
             Abbeys
             .
             See
             that
             no
             alienation
             bee
             made
             by
             the
             Abbats
             without
             their
             consent
             .
          
           
           
             2
             As
             for
             that
             which
             is
             decree'd
             ,
             
             that
             the
             Abbats
             shall
             cause
             a
             lecture
             in
             divinitie
             to
             be
             read
             ,
             it
             is
             a
             thing
             which
             they
             are
             bound
             to
             doe
             in
             France
             ,
             by
             virtue
             of
             the
             20
             Article
             of
             the
             Ordinance
             of
             Orleans
             ,
             whereby
             the
             Superiours
             and
             heads
             of
             the
             Orders
             are
             enjoyn'd
             to
             take
             care
             of
             ,
             &
             diligently
             to
             proceed
             to
             a
             ful
             reformation
             of
             Monasteries
             .
             And
             it
             is
             further
             said
             ,
             
               That
               in
               every
               one
               of
               the
               said
               Monasteries
               ,
               there
               shall
               bee
               maintained
               a
               good
               and
               able
               man
               to
               teach
               holy
               Scripture
               ,
               and
               a
               stipend
               allowed
               him
               at
               the
               charges
               of
               the
               Abbat
               ,
               or
               Prior.
            
             Now
             the
             word
             Superiours
             may
             bee
             as
             well
             referr'd
             to
             Bishops
             as
             to
             Abbats
             and
             Priors
             ,
             in
             case
             these
             be
             negligent
             .
             Howsoever
             this
             power
             is
             not
             given
             unto
             Abbats
             and
             Priors
             as
             Delegats
             ,
             or
             by
             way
             of
             privile●ge
             ,
             but
             belongs
             unto
             them
             by
             common
             right
             .
             It
             ought
             also
             to
             agree
             unto
             Bishops
             by
             the
             same
             right
             ,
             where
             the
             priviledge
             of
             exemption
             ceaseth
             .
          
           
             3
             In
             the
             second
             Chapter
             of
             the
             same
             Session
             ,
             where
             Curats
             are
             enjoyn'd
             to
             preach
             upon
             Sundayes
             and
             Holydaies
             ,
             or
             to
             provide
             some
             to
             preach
             in
             case
             of
             lawfull
             impediment
             ,
             it
             is
             added
             ,
             
               That
               if
               there
               be
               any
               Parish
               Churches
               under
               such
               Monasteries
               as
               are
               not
               s●tuate
               in
               any
               Diocese
               ,
               the
               Prelats
               regular
               being
               negligent
               in
               the
               premises
               ,
               they
               shall
               bee
               compell'd
               unto
               it
               by
               the
               Metropolitans
               of
               those
               ●rovinces
               where
               the
               Dioceses
               lye
               ,
               as
               Delegats
               herein
               for
               the
               See
               Apostolique
               .
            
             Now
             it
             is
             certaine
             that
             Metropolitans
             have
             power
             over
             the
             Clergie
             within
             their
             Province
             ,
             even
             over
             the
             Bishops
             themselves
             ,
             according
             to
             the
             honour
             prescribed
             by
             the
             ancient
             Canons
             under
             the
             one
             in
             the
             first
             ,
             and
             the
             other
             in
             the
             second
             place
             .
             If
             an
             Abbey
             be
             subject
             to
             the
             Bishop
             ,
             the
             Metropolitan
             shall
             have
             nothing
             to
             doe
             with
             it
             ,
             save
             in
             case
             of
             appeale
             .
             If
             it
             belong
             to
             no
             Diocese
             ,
             and
             consequently
             to
             the
             Iurisdiction
             of
             no
             Bishop
             ,
             then
             it
             must
             have
             the
             Metropolitan
             for
             Superiour
             ;
             unlesse
             it
             bee
             of
             the
             number
             of
             such
             as
             are
             exempt
             ,
             which
             have
             no
             other
             superiour
             but
             the
             Pope
             ,
             and
             which
             are
             spoken
             of
             in
             the
             eight
             chapter
             of
             the
             25
             Session
             :
             But
             the
             question
             is
             not
             now
             of
             such
             .
             And
             suppose
             they
             were
             now
             in
             controversie
             by
             the
             eleventh
             Article
             of
             the
             Ordinance
             of
             Orleans
             ,
             all
             Abbats
             and
             Priors
             must
             bee
             subject
             to
             the
             Arch-Bishop
             ,
             or
             Bishop
             of
             the
             Diocese
             ,
             notwithstanding
             their
             priviledge
             of
             exemption
             .
          
           
             4
             In
             the
             second
             Chapter
             of
             the
             sixt
             Session
             ,
             Bishops
             are
             enjoyned
             as
             Delegates
             for
             the
             Pope
             ,
             to
             provide
             that
             there
             be
             able
             Vicars
             in
             stead
             of
             such
             Clergy
             men
             under
             their
             jurisdiction
             ,
             as
             are
             dispensed
             with
             for
             non
             residence
             :
             To
             which
             Vicars
             they
             must
             assigne
             a
             competent
             portion
             of
             the
             fruits
             .
             Now
             it
             is
             too
             apparent
             ,
             that
             this
             provision
             belongs
             to
             the
             ordinary
             jurisdiction
             of
             Bishops
             ,
             and
             therefore
             such
             Delegation
             is
             abusive
             ,
             and
             made
             as
             well
             against
             the
             ancient
             Canons
             ,
             as
             against
             the
             Ordinances
             of
             this
             Kingdome
             .
             
             This
             is
             delivered
             in
             expresse
             termes
             by
             the
             constitution
             of
             Boniface
             the
             eighth
             ,
             who
             after
             hee
             hath
             given
             way
             that
             such
             as
             are
             preferred
             to
             Parish
             Churches
             ,
             may
             stay
             seven
             years
             before
             they
             be
             ordained
             Priests
             ,
             to
             the
             intent
             that
             they
             may
             have
             occasion
             to
             apply
             their
             studies
             ,
             hee
             ordaines●
             
               That
               during
               these
               seven
               years
               ,
               the
               Bishops
               and
               Superiours
               shall
               carefully
               provide
               that
               the
               cure
               of
               soules
               be
               diligently
               discharged
               ,
               and
               that
               such
               benefices
               be
               served
               with
               good
               and
               able
               Vicars
               ,
               who
               shall
               bee
               deputed
               by
               them
               ;
               and
               to
               whom
               ,
               in
               consideration
               thereof
               ,
               a
               competent
               portion
               of
               the
               fruits
               shall
               bee
               by
               them
               assigned
               for
               their
               maintenance
               .
            
             In
             all
             this
             there
             is
             no
             delegation
             from
             the
             Pope
             :
             but
             this
             is
             given
             to
             Bishops
             as
             depending
             upon
             their
             Ordinarie
             jurisdiction
             .
          
           
             5
             The
             fifth
             Article
             of
             the
             Ordinance
             of
             Orleans
             saith
             in
             plaine
             termes●
             
             
               That
               the
               Abbats
               and
               Curats
               who
               hold
               many
               benefices
               by
               dispensation
               ,
               or
               reside
               upon
               one
               of
               their
               benefices
               ,
               requiring
               actuall
               service
               and
               residence
               ,
               shall
               bee
               excused
               from
               residence
               upon
               their
               other
               livings
               .
               Alwaies
               provided
               that
               they
               depute
               sufficient
               men
               for
               their
               Vicars
               ,
               of
               a
               good
               life
               and
               conversation
               :
               to
               every
               of
               whom
               they
               shall
               assigne
               such
               a
               portion
               of
               the
               revenue
               of
               the
               benefice
               as
               may
               suffice
               for
               
               their
               maintenance
               .
            
             
             
               Otherwise
               ,
               in
               default
               hereof
               ,
               wee
               admonish
               and
               enjoyne
               the
               Archbishop
               ,
               or
               Bishop
               of
               the
               Diocese
               to
               take
               order
               for
               it
               ,
               and
               most
               expressely
               command
               our
               Iudges
               and
               Proctours
               to
               assist
               them
               therein
               :
               to
               cause
               the
               temporalities
               of
               such
               Abbeys
               or
               other
               benefices
               to
               be
               seized
               upon
               without
               dissembling
               a
               moneth
               after
               they
               shall
               have
               warned
               and
               required
               the
               Prelats
               ,
               and
               other
               Titulars
               to
               reside
               ,
               or
               cause
               some
               to
               reside
               upon
               their
               benefices
               ,
               and
               fulfill
               the
               contents
               of
               this
               present
               Ordinance
               .
            
             From
             hence
             we
             collect
             that
             the
             forementioned
             case
             belongs
             to
             the
             jurisdiction
             regall
             within
             this
             Kingdome
             ,
             and
             that
             the
             Councel
             having
             given
             it
             up
             to
             the
             Ecclesiasticall
             jurisdiction
             ,
             and
             that
             even
             to
             the
             Pope
             ,
             hath
             infringed
             the
             rights
             of
             France
             .
          
           
             6
             In
             the
             third
             Chapter
             of
             the
             sixt
             Session
             ,
             the
             Councel
             gives
             power
             to
             the
             Ordinaries
             of
             the
             place
             ,
             as
             Delegates
             for
             the
             Pope
             ,
             to
             visit
             ,
             punish
             ,
             and
             correct
             Clerks
             ,
             both
             Seculars
             and
             Regulars
             that
             live
             out
             of
             the
             Monasterie
             .
             
               No
               Secular
               Priest
               ,
               nor
               Regular
               ,
               of
               what
               Order
               soever
               ,
               living
               out
               of
               his
               Monastery
               ,
               must
               thinke
               himselfe
               so
               sure
               upon
               pretence
               of
               the
               priviledge
               of
               his
               Order
               ,
               that
               hee
               cannot
               bee
               visited
               ,
               punished
               ,
               and
               corrected
               according
               to
               Canonicall
               Constitutions
               ,
               in
               case
               hee
               offend
               ,
               by
               the
               Ordinary
               of
               the
               place
               ,
               as
               Delegate
               for
               the
               See
               Apostolique
               .
            
             By
             the
             Generall
             Councel
             of
             Lyons
             ,
             holden
             under
             Innocent
             the
             fourth
             ,
             ann
             1246
             ,
             
             and
             approved
             by
             the
             Popes
             themselves
             ,
             all
             deli●quents
             contracting
             or
             committing
             any
             fault
             out
             of
             the
             Monasterie
             ,
             shall
             not
             in
             that
             case
             enjoy
             their
             priviledge
             of
             exemption
             ,
             but
             shall
             bee
             subject
             to
             the
             jurisdiction
             of
             the
             Ordinaries●
             without
             any
             commission
             or
             delegation
             from
             the
             Pope
             .
             
               We
               ordain
               by
               an
               irrefragable
               Decree
               ,
               that
               howsoever
               exempted
               persons
               enjoy
               their
               libertie
               ,
               yet
               upon
               any
               offence
               ,
               contract
               ,
               or
               such
               thing
               for
               which
               a
               man
               may
               have
               a
               s●te
               against
               them
               ,
               they
               may
               be
               convented
               before
               the
               Ordinary
               of
               the
               place
               .
            
             And
             the
             Glosse
             upon
             it
             ;
             
               This
               is
               true
               if
               the
               contract
               were
               made
               ,
               or
               the
               crime
               committed
               in
               a
               place
               not
               exempted
               ,
               and
               if
               the
               thing
               in
               controversie
               bee
               not
               exempt
               .
            
             a
             So
             Scholars
             not
             residing
             in
             the
             Vniversities
             do
             not
             enjoy
             the
             priviledges
             granted
             unto
             them
             :
             So
             a
             b
             Clerke
             taken
             in
             a
             crime
             ,
             having
             not
             his
             Clericall
             habit
             on
             ,
             is
             subject
             to
             the
             jurisdiction
             of
             the
             Secular
             Iudge
             .
          
           
             7
             In
             the
             third
             Chapter
             of
             the
             twentie
             first
             Session
             ,
             Bishops
             are
             allowed
             ,
             as
             Delegates
             for
             the
             See
             Apostolique
             ,
             to
             assigne
             unto
             all
             such
             Cathedral
             and
             Collegiat
             Churches
             ,
             as
             have
             no
             ordinary
             distributions
             ,
             the
             third
             part
             of
             the
             fruits
             and
             revenues
             to
             bee
             imployed
             in
             the
             said
             distributions
             .
             Which
             is
             repeated
             in
             the
             third
             Chapter
             of
             the
             twenty
             second
             Session
             .
             This
             derogates
             from
             the
             power
             and
             jurisdiction
             of
             Bishops
             ,
             to
             whom
             the
             right
             of
             providing
             for
             the
             necessities
             of
             the
             Churches
             subject
             unto
             them
             doth
             belong
             .
             As
             c
             to
             adjudge
             the
             tenth
             to
             an
             Archdeaconrie
             which
             hath
             but
             little
             meanes
             .
             To
             d
             joyne
             and
             unite
             Chappels
             to
             a
             Cathedrall
             Church
             upon
             evident
             necessity
             or
             commoditie
             .
             To
             e
             alter
             and
             give
             away
             the
             means
             of
             the
             Church
             upon
             just
             and
             honest
             reason
             ,
             with
             the
             consent
             of
             the
             Chapter
             .
             Therefore
             by
             the
             same
             reason
             they
             may
             convert
             some
             part
             of
             the
             revenues
             of
             livings
             to
             ordinary
             distributions
             ,
             upon
             just
             and
             lawfull
             cause
             ,
             with
             consent
             of
             the
             Chapter
             ,
             without
             authoritie
             from
             the
             Pope
             ,
             or
             without
             any
             necessitie
             of
             his
             commission
             .
             Which
             is
             valid
             in
             this
             Realme
             of
             France
             ,
             especially
             where
             the
             Popes
             power
             is
             regulated
             according
             to
             the
             ancient
             Canons
             and
             Decrees
             .
          
           
             8
             By
             the
             fourth
             Chapter
             of
             the
             twentie
             first
             Session
             ,
             the
             Bishops
             are
             Delegates
             for
             the
             See
             Apostolique
             ,
             to
             compell
             the
             Rectours
             of
             Churches
             within
             their
             Dioceses
             ,
             to
             take
             Priests
             to
             assist
             them
             at
             the
             administration
             of
             the
             Sacrament
             ,
             
             in
             case
             they
             bee
             not
             able
             to
             doe
             it
             themselves
             .
             
             And
             by
             the
             sixt
             chapter
             of
             the
             same
             Session
             ,
             they
             are
             also
             made
             commissaries
             and
             Delegates
             to
             assigne
             substitutes
             and
             assistants
             ,
             to
             unlearned
             and
             ignorant
             Rectors
             of
             Churches
             .
             Which
             is
             also
             decreed
             to
             the
             prejudice
             of
             the
             ordinary
             jurisdiction
             of
             Bishops
             ,
             to
             whom
             of
             common
             right
             it
             appertaines
             to
             appoint
             such
             assistants
             even
             according
             to
             the
             Decretals
             of
             Lucius
             the
             third
             ,
             and
             Honorius
             the
             third
             ;
             
             whereby
             they
             declare
             that
             Bishops
             have
             power
             and
             authority
             to
             appoint
             coadjutours
             to
             Rectours
             of
             Churches
             in
             such
             cases
             .
          
           
             9
             In
             the
             fifth
             Chapter
             of
             the
             same
             twentie
             first
             Session
             ,
             power
             is
             given
             to
             Bishops
             ,
             as
             Delegates
             for
             the
             Pope
             ,
             to
             unite
             Churches
             and
             benefices
             in
             case
             of
             povertie
             ,
             and
             such
             like
             permitted
             by
             the
             law
             .
             And
             yet
             this
             is
             a
             thing
             which
             agrees
             unto
             them
             by
             their
             owne
             proper
             right
             ,
             even
             by
             the
             confession
             of
             Celestine
             the
             third
             ;
             
             
               It
               belongs
               unto
               the
               Bishop
            
             (
             saith
             he
             )
             
               to
               unite
               the
               Churches
               of
               his
               Diocese
               ,
               and
               to
               set
               one
               over
               another
               .
            
             Which
             is
             elsewhere
             repeated
             by
             the
             Glosse
             upon
             the
             Canon
             law
             .
             And
             it
             is
             confirm'd
             unto
             them
             by
             the
             sixt
             A●ticle
             of
             the
             Ordinance
             of
             Orleans
             .
             See
             here
             the
             words
             ;
             
               And
               to
               the
               end
               that
               Curats
               may
               imploy
               themselves
               in
               their
               Charges
               without
               all
               excuse
               ,
               we
               enjoyne
               Prelats
               to
               proceed
               to
               the
               union
               of
               benefices
               ,
               distribution
               of
               tithes
               ,
               and
               other
               Ecclesiasticall
               revenues
               .
            
          
           
             10
             By
             the
             seventh
             Chapter
             of
             the
             same
             Session
             ,
             power
             is
             also
             granted
             them
             ,
             as
             Delegates
             for
             the
             Pope
             ,
             to
             transferre
             the
             simple
             livings
             belonging
             to
             ruinated
             Churches
             ,
             which
             cannot
             be
             repaired
             by
             reason
             of
             their
             povertie
             ,
             upon
             the
             mother
             Churches
             ,
             or
             others
             in
             the
             Diocese
             ,
             having
             called
             unto
             them
             such
             as
             are
             interested
             in
             them
             :
             howbeit
             by
             the
             same
             Decretall
             of
             Celestine
             Bishops
             may
             submit
             one
             Church
             to
             another
             ,
             with
             consent
             of
             the
             Chapter
             ,
             by
             their
             owne
             authoritie
             ,
             without
             any
             intervening
             of
             the
             Popes
             .
          
           
             11
             The
             same
             Councell
             in
             the
             eighth
             Chapter
             of
             the
             seventh
             Session
             ,
             makes
             Bishops
             the
             Popes
             Delegates
             ,
             for
             the
             visitation
             and
             reparation
             of
             exempted
             Churches
             .
             
               The
               Ordinaries
               of
               the
               place
               shall
               bee
               bound
               every
               year
               to
               visite
               all
               the
               Churches
               ,
               even
               such
               as
               are
               exempted
               in
               what
               kinde
               soever
               ,
               by
               authoritie
               Apostolique
               ;
               and
               to
               take
               order
               by
               such
               remedies
               as
               are
               according
               to
               law
               ,
               that
               those
               which
               stand
               in
               need
               bee
               repaired
               ;
               and
               that
               they
               bee
               not
               unprovided
               of
               the
               cure
               of
               soules
               ,
               if
               any
               have
               it
               over
               them
               ,
               nor
               of
               other
               duties
               ,
               such
               as
               shall
               bee
               found
               due
               .
            
             It
             ordaines
             the
             like
             for
             the
             Churches
             which
             are
             not
             within
             any
             Diocese
             ,
             in
             the
             ninth
             Chapter
             of
             the
             twentie
             fourth
             Session
             .
             All
             this
             derogates
             from
             the
             eleventh
             Article
             of
             the
             Ordinance
             of
             Orleans
             ,
             where
             it
             is
             said
             ;
             
               That
               all
               Abbats
               ,
               Abbesses
               ,
               Priours
               ,
               Prioresses
               ,
               not
               being
               heads
               of
               the
               Order
               ,
               together
               with
               all
               Canons
               and
               Chapters
               ,
               as
               well
               Secular
               as
               Regular
               ,
               whether
               of
               Cathedrall
               or
               Collegiate
               Churches
               ,
               shall
               be
               equally
               subject
               to
               the
               Archbishop
               ,
               or
               Bishop
               of
               the
               Diocese
               ,
               so
               as
               they
               cannot
               helpe
               themselves
               by
               any
               priviledge
               of
               exemption
               ,
               in
               regard
               of
               the
               visitation
               and
               punishment
               of
               their
               crimes
               .
            
             By
             this
             Ordinance
             the
             visitation
             belongs
             to
             the
             Ordinarie
             Iurisdiction
             of
             Bishops
             .
             By
             the
             Councell
             it
             belongs
             to
             the
             Pope
             ,
             and
             is
             conferred
             upon
             the
             Prelates
             as
             his
             Commissaries
             .
          
           
             12
             There
             is
             yet
             more
             ;
             which
             is
             that
             by
             the
             same
             Councell
             the
             Archbishops
             ,
             and
             Bishops
             cannot
             visit
             the
             Churches
             and
             Benefices
             of
             their
             Dioceses
             ,
             and
             take
             order
             for
             the
             reparation
             of
             other
             things
             necessary
             ,
             but
             by
             virtue
             of
             the
             same
             Delegation
             .
             For
             behold
             what
             is
             ordain'd
             concerning
             it
             in
             the
             eight
             chapter
             of
             the
             twentie
             first
             Session
             ;
             
               It
               is
               reason
               that
               the
               Ordinary
               doe
               diligentlie
               provide
               for
               all
               that
               concernes
               divine
               service
               within
               the
               Diocese
               .
               Wherefore
               the
               Monasteries
               in
               Commendam
               ,
               the
               Abbeys
               ,
               Priories
               ,
               Provostships
               not
               tied
               to
               a
               regular
               observance
               ,
               as
               also
               the
               Benefices
               ,
               whether
               they
               have
               cure
               of
               soules
               or
               no
               ,
               Secular
               and
               Regular
               ,
               in
               what
               kinde
               soever
               of
               Commendam
               they
               bee
               holden
               ,
               even
               such
               as
               are
               exempted
               ,
               shall
               bee
               visited
               by
               the
               same
               Bishops
               ,
               as
               Delegates
               for
               
               the
               See
               Apostolique
               :
            
             
             
               and
               the
               same
               Bishops
               shall
               take
               care
               by
               ●onvenient
               remedies
               ,
               even
               by
               sequestration
               of
               fruits
               ,
               that
               necessarie
               reparations
               bee
               made
               and
               done
               .
            
             By
             this
             Chapter
             the
             Bishops
             are
             deprived
             of
             their
             ordinarie
             power
             in
             case
             of
             visitation
             ,
             in
             as
             much
             as
             they
             are
             now
             made
             Commissaries
             in
             that
             respect
             :
             which
             is
             contrarie
             to
             the
             ancient
             custome
             ,
             and
             the
             Decree
             of
             the
             Councell
             of
             Tarraco
             registred
             in
             Gratians
             Decret
             .
             
             
               Wee
               ordaine
               that
               the
               order
               of
               ancient
               custome
               be
               observed
               ,
               and
               that
               Dioceses
               bee
               visited
               by
               the
               Bishops
               every
               yeare
               .
               And
               if
               any
               Church
               be
               found
               destitute
               ,
               that
               the
               reparation
               thereof
               bee
               injoyned
               by
               his
               Ordinance
               .
               Item
               ,
            
             against
             the
             Decree
             of
             the
             fourth
             Councell
             of
             Toledo
             ,
             where
             it
             is
             said
             ;
             
               That
               the
               Bishop
               ought
               every
               yeare
               to
               goe
               over
               all
               the
               Diocese
               ,
               and
               in
               every
               Parish
               to
               enquire
               in
               what
               need
               of
               reparation
               the
               Churches
               stand
               .
            
          
           
             
             13
             The
             Royall
             jurisdiction
             in
             France
             suffers
             prejudice
             hereby
             ,
             considering
             it
             belongs
             to
             the
             Lay
             Iudges
             to
             take
             order
             for
             such
             reparations
             ,
             as
             wee
             shall
             prove
             in
             another
             place
             hereafter
             .
             But
             that
             which
             is
             ordained
             in
             the
             tenth
             Chapter
             of
             the
             twentie
             fourth
             Session
             is
             yet
             more
             exorbitant
             :
             namely
             ,
             
               That
               the
               Bishops
               as
               Delegates
               of
               the
               holy
               See
               have
               power
               to
               ordaine
               ,
               rule
               ,
               punish
               ,
               and
               execute
               according
               to
               the
               determination
               of
               the
               Canons
               in
               all
               things
               which
               concerne
               the
               visitation
               and
               correction
               of
               their
               subjects
               .
            
             Whence
             it
             will
             come
             to
             passe
             that
             if
             a
             Bishop
             condemne
             any
             of
             the
             people
             under
             his
             jurisdiction
             for
             eating
             an
             egge
             in
             Lent
             ,
             or
             any
             such
             like
             thing
             ,
             hee
             must
             trudge
             to
             Rome
             to
             get
             his
             sentence
             made
             good
             .
          
           
             14
             The
             like
             here
             is
             decreed
             concerning
             the
             visitation
             of
             Hospitals
             ,
             Fraternities
             ,
             and
             all
             kinde
             of
             sacred
             places
             ,
             Colledges
             ,
             and
             Schooles
             :
             
             For
             it
             is
             given
             unto
             the
             said
             Bishops
             ,
             as
             Delegates
             for
             the
             Popes
             ,
             although
             it
             belong
             unto
             them
             by
             virtue
             of
             their
             ordinarie
             jurisdiction
             ,
             by
             the
             Decree
             of
             the
             Councell
             of
             Vienna
             ,
             holden
             under
             Clement
             the
             fifth
             :
             
             at
             least
             for
             asmuch
             as
             concernes
             Hospitals
             .
             And
             in
             our
             France
             such
             visitations
             belong
             to
             the
             Lay
             Iudges
             ,
             and
             especially
             to
             the
             great
             Almoner
             ,
             who
             hath
             the
             super-intendence
             of
             them
             .
             So
             saith
             King
             Henry
             the
             second
             in
             expresse
             termes
             ,
             in
             his
             Ordinance
             of
             the
             yeare
             1552
             ,
             
               Our
               great
               Almoner
            
             (
             saith
             he
             )
             
               hath
               the
               super-intendence
               &
               cognizance
               over
               the
               Hospitals
               and
               Spittles
               of
               our
               Kingdome
               ,
               that
               they
               bee
               well
               and
               dulie
               maintained
               ,
               as
               well
               for
               the
               reparation
               of
               them
               ,
               as
               for
               the
               imployment
               of
               the
               moveable
               goods
               thereunto
               belonging
               .
               And
               whether
               the
               poore
               sick
               folks
               and
               distressed
               persons
               resorting
               unto
               the
               said
               Hospitals
               ,
               bee
               entertained
               ,
               and
               lodged
               ,
               maintained
               ,
               and
               fed
               according
               to
               the
               revenues
               of
               the
               said
               Hospitals
               .
               As
               also
               to
               compell
               the
               masters
               ,
               and
               Administratours
               of
               such
               Hospitals
               ,
               to
               make
               account
               of
               the
               said
               meanes
               and
               revenues
               .
            
             See
             here
             that
             which
             compriseth
             every
             part
             of
             the
             visitation
             ,
             and
             all
             that
             belongs
             to
             the
             office
             of
             him
             that
             is
             to
             bee
             the
             visiter
             .
          
           
             
             15
             By
             another
             Ordinance
             of
             King
             Francis
             ,
             dated
             the
             fifteenth
             of
             Ianuarie
             1546
             ,
             the
             visitation
             of
             the
             said
             Hospitals
             ,
             and
             other
             charitable
             places
             is
             committed
             to
             the
             Iudges
             Royall
             ,
             Ordinaries
             of
             the
             place
             where
             such
             Hospitals
             are
             situate
             .
             
               All
               Governours
               and
               Administratours
               of
               Hospitals
               ,
               or
               other
               charitable
               foundations
               shall
               be
               compell'd
               by
               our
               Iudges
               of
               the
               places
               next
               adjoyning
               ,
               to
               give
               up
               their
               accounts
               of
               the
               revenues
               and
               administration
               of
               the
               said
               Hospitals
               ,
               by
               what
               titles
               soever
               they
               hold
               them
               ,
               together
               with
               the
               charters
               and
               titles
               of
               their
               foundation
               ,
               if
               they
               have
               any
               ,
               within
               two
               monthes
               after
               the
               publication
               of
               these
               Presents
               .
               Whom
               wee
               command
               and
               expressely
               injoyne
               ,
               everie
               one
               respectively
               within
               his
               Precincts
               and
               jurisdiction
               ,
               that
               immediatly
               after
               the
               publication
               of
               these
               presents
               ,
               they
               visit
               the
               said
               Hospitals
               and
               charitable
               foundations
               ,
               to
               enquire
               of
               the
               revenue
               estate
               ,
               and
               reparation
               of
               the
               places
               ,
               and
               the
               number
               of
               beds
               ,
               and
               poore
               people
               whom
               they
               shall
               finde
               there
               .
            
             It
             is
             true
             that
             upon
             the
             publication
             of
             the
             said
             Ordinance
             ,
             there
             was
             some
             opposition
             made
             by
             certaine
             Bishops
             and
             Abbats
             of
             this
             Kingdome
             ,
             and
             by
             the
             grand
             Almoner
             ;
             but
             upon
             the
             said
             opposition
             there
             was
             no
             more
             decreed
             by
             the
             Court
             of
             Parliament
             of
             Paris
             ,
             but
             this
             ,
             That
             
             out
             any
             regard
             therunto
             had
             ,
             they
             should
             proceed
             to
             the
             publication
             ,
             
             ordaining
             nevertheles
             
               That
               within
               every
               one
               of
               their
               Ecclesiastical
               Precincts
               ,
               each
               Ordinary
               ,
               Bishop
               or
               Abbat
               ,
               &
               the
               grand
               Almoner
               might
               commit
               and
               delegate
               one
               or
               two
               honest
               men
               to
               assist
               the
               Iudges
               who
               were
               to
               execute
               the
               said
               letters
               patents●
            
             
             
               yet
               without
               hindring
               or
               contradicting
               the
               said
               Iudges
               ,
               in
               such
               manner
               as
               that
               the
               Kings
               will
               and
               pleasure
               might
               bee
               put
               in
               execution
               .
            
             This
             Ordinance
             was
             yet
             further
             confirm'd
             by
             another
             of
             the
             same
             King
             Francis
             dated
             the
             sixth
             of
             Februarie
             1546.
             
             And
             by
             another
             of
             Henrie
             the
             second
             ,
             the
             twelfth
             ,
             of
             Februarie
             1553.
             
          
           
             16
             With
             better
             reason
             may
             wee
             say
             that
             the
             visitation
             of
             Schooles
             erected
             for
             the
             institution
             of
             youth
             should
             belong
             to
             Lay
             Iudges
             .
             Howsoever
             it
             bee
             ,
             such
             visitations
             are
             not
             cases
             reserve●
             to
             the
             Pope
             ,
             and
             therefore
             this
             Delegation
             is
             against
             the
             rules
             of
             the
             Canon
             law
             :
             As
             is
             that
             also
             which
             is
             granted
             unto
             them
             for
             the
             execution
             of
             things
             given
             to
             pious
             uses
             in
             such
             cases
             as
             are
             allowed
             by
             the
             Law.
             
             
               The
               Bishops
            
             (
             saith
             the
             Councell
             )
             
               as
               Delegates
               for
               the
               See
               Apostolique
               ,
               shall
               bee
               executours
               of
               all
               pious
               donations
               ,
               given
               as
               well
               by
               last
               wils
               and
               Testaments
               ,
               as
               by
               those
               which
               are
               yet
               alive
               ,
               in
               such
               cases
               as
               are
               permitted
               by
               the
               law
               .
            
             Now
             by
             the
             ancient
             Decrees
             they
             are
             executours
             of
             such
             donations
             ,
             
               Iure
               proprio
            
             .
             Witnesse
             Gregorie
             the
             ninth
             in
             a
             ●ecretall
             of
             his
             ,
             
             
               Be
               it
               that
               all
               testaments
               to
               pious
               uses
               should
               bee
               taken
               care
               for
               by
               the
               Bishops
               of
               ●he
               places
               ,
               and
               that
               all
               things
               should
               be
               confirmed
               according
               to
               the
               will
               of
               the
               deceased
               .
               Howbeit
               the
               testatours
               themselves
               should
               have
               prohibited
               ,
            
             &c.
             
             Which
             he
             further
             confirmes
             in
             another
             Decretall
             .
             
             
               The
               executours
               appointed
               by
               the
               Testatour
               ,
               after
               they
               have
               undertaken
               that
               charge
               ought
               to
               bee
               com●ell'd
               by
               the
               Bishop
               of
               the
               Diocese
               to
               performe
               the
               will
               of
               the
               Testatour
               .
            
             The
             like
             was
             ord●in●●
             by
             the
             constitution
             of
             the
             Emperour
             
               Anthemius
               .
               If
               the
               T●statour
            
             (
             saith
             he
             )
             
               hath
               expressed
               the
               summe
               of
               the
               legacie
               or
               Testament
               in
               trust
               given
               to
               pious
               uses
               without
               appointing
               the
               partie
            
             (
             that
             shall
             bee
             executour
             of
             his
             will
             )
             
               the
               Reverend
               Bishop
               of
               the
               citie
               where
               the
               testatour
               was
               borne
               ,
               hath
               power
               to
               exact
               what
               was
               bequeathed
               to
               that
               end
               ,
               executing
               the
               holy
               intention
               of
               the
               deceased
               without
               any
               delay
               .
            
          
           
             17
             A
             man
             might
             observe
             divers
             other
             Articles
             of
             this
             Councell
             where
             such
             delegations
             are
             granted
             to
             Bishops
             and
             Ordinaries
             which
             is
             as
             much
             as
             to
             annihilate
             their
             intire
             jurisdiction
             ,
             and
             devolve
             it
             upon
             the
             Pope
             ,
             that
             so
             all
             may
             depend
             upon
             him
             ,
             and
             his
             power
             may
             be
             so
             much
             the
             greater
             .
             Wherein
             many
             men
             are
             prejudiced
             :
             to
             wit
             ,
             the
             Bishops
             who
             loose
             that
             which
             belongs
             unto
             them
             ,
             having
             it
             onely
             by
             way
             of
             loan
             ,
             or
             in
             a
             precarious
             manner
             :
             The
             Metropolitans
             who
             are
             hereby
             deprived
             of
             the
             appeals
             which
             should
             come
             unto
             them
             from
             the
             sentence
             of
             the
             Bishops
             :
             And
             the
             Lawyers
             as
             well
             Ecclesiasticall
             as
             Lay
             ,
             who
             must
             bee
             constrained
             to
             goe
             to
             Rome
             ,
             either
             to
             voyd
             the
             appeals
             which
             will
             be
             put
             in
             ,
             or
             at
             least
             to
             get
             new
             Commissioners
             ,
             in
             case
             hee
             faile
             to
             appoint
             the
             judgement
             
               In
               partibus
            
             ,
             according
             to
             the
             liberties
             of
             France
             ,
             which
             will
             be
             as
             great
             a
             foile
             as
             can
             be
             imagined
             .
          
           
             18
             We●
             will
             now
             speak
             of
             Evocations
             :
             which
             is
             another
             mightie
             means
             for
             the
             Pope
             ,
             to
             make
             him
             absolute
             Lord
             of
             all
             Ecclesiasticall
             justice
             :
             to
             get
             the
             cognizance
             of
             all
             causes
             which
             hee
             shall
             thinke
             good
             :
             to
             make
             his
             Court
             more
             frequented
             than
             ever
             it
             was
             .
             This
             Councell
             after
             it
             had
             decreed
             that
             the
             judgement
             of
             causes
             cannot
             bee
             taken
             from
             the
             Ordinaries
             by
             any
             extraordinarie
             commissions
             ,
             Evocations
             ,
             nor
             Appeals
             ;
             it
             addes
             ,
             
               Except
               in
               such
               causes
               as
               ought
               to
               bee
               tried
               before
               the
               See
               Apostolique
               by
               Canonicall
               Constitutions
               ,
               or
               such
               as
               the
               Pope
               of
            
             Rome
             
               shall
               thinke
               fit
               to
               bee
               committed
               or
               removed
               upon
               some
               urgent
               and
               reasonable
               cause
               ,
               by
               speciall
               commission
               from
               his
               Holynesse
               ,
               signed
               with
               his
               owne
               hand
               .
            
             Now
             hee
             will
             alwayes
             find
             urgent
             causes
             enough
             to
             draw
             the
             processe
             to
             Rome
             :
             there
             will
             never
             want
             pretences
             ;
             if
             hee
             get
             but
             a
             hole
             ,
             
             that
             's
             enough
             ,
             
             how
             little
             soever
             it
             bee
             ,
             hee
             will
             finde
             meanes
             to
             enlarge
             it
             .
             And
             besides
             ,
             who
             will
             tell
             the
             Pope
             that
             the
             cause
             is
             not
             reasonable
             ?
             That
             were
             to
             make
             himselfe
             be
             pronounced
             a
             heretique
             .
             
               It
               is
               a
               kinde
               of
               Sacriledge
               to
               dispute
               of
               what
               hee
               does
               :
            
             yea
             ,
             
               it
               is
               a
               mortall
               sinne
            
             ,
             
             saith
             their
             Glosse
             upon
             the
             Canon
             law
             .
          
           
             19
             Wee
             shall
             here
             entreat
             the
             reader
             to
             remember
             what
             wee
             discours'd
             in
             the
             second
             book
             ,
             touching
             the
             Popes
             attempts
             in
             point
             of
             justice
             ,
             the
             miseries
             that
             proceed
             from
             thence
             ,
             and
             the
             great
             complaints
             that
             have
             beene
             made
             of
             it
             .
             Wee
             tumble
             backe
             into
             all
             these
             miseries
             againe
             ,
             by
             receiving
             of
             this
             Councell
             .
             The
             Popes
             used
             it
             formerly
             by
             usurpation
             ;
             now
             they
             will
             doe
             it
             with
             some
             title
             ,
             and
             so
             with
             more
             licence
             .
             Wee
             shall
             content
             our selves
             with
             setting
             downe
             here
             what
             was
             spoken
             concerning
             this
             matter
             by
             a
             whole
             Councell
             ,
             to
             wit
             ,
             by
             that
             of
             Basil
             ,
             one
             of
             the
             most
             famous
             that
             hath
             beene
             holden
             in
             these
             later
             daies
             .
             
             
               Divers
               abuses
               and
               intolerable
               vexations
               have
               grown
               hithertowards
               ,
               whiles
               many
               men
               were
               very
               often
               wont
               to
               be
               cited
               and
               called
               forth
               to
               the
               Court
               of
            
             Rome
             ,
             
               and
               that
               sometimes
               even
               for
               pettie
               things
               ,
               and
               were
               so
               wearied
               out
               with
               expences
               and
               travaile
               ,
               that
               they
               thought
               it
               more
               commodious
               for
               them
               to
               forgoe
               their
               right
               ,
               or
               with
               great
               losse
               to
               redeeme
               themselves
               from
               such
               vexation
               ,
               rather
               than
               bee
               at
               the
               charges
               of
               the
               suit
               in
               a
               countrey
               so
               remote
               .
               So
               it
               was
               an
               easie
               matter
               for
               slanderers
               to
               oppresse
               poore
               men
               .
               So
               Ecclesiasticall
               livings
               were
               oft
               go●
               by
               wrangling
               shifts
               and
               evasions
               in
               the
               Suit
               ,
               while
               their
               meanes
               were
               not
               sufficient
               for
               the
               true
               owners
               ,
               or
               others
               that
               had
               right
               unto
               them
               ,
               to
               defray
               the
               charges
               required
               as
               well
               for
               the
               journey
               to
            
             Rome●
             
               as
               the
               pleading
               of
               the
               cause
               there
               .
               Hence
               also
               proceeds
               the
               confusion
               of
               Ecclesiasticall
               order
               ,
               when
               the
               jurisdiction
               of
               the
               Ordinaries
               is
               not
               preserved
               unto
               them
               .
               The
               money
               and
               meanes
               of
               Kingdomes
               and
               Provinces
               are
               not
               a
               little
               impaired
               by
               this
               meanes
               ,
               and
               (
               which
               is
               a
               thing
               acknowledged
               to
               bee
               very
               harmefull
               to
               all
               Ecclesiasticall
               Orders
               )
               those
               which
               by
               reason
               of
               their
               worth
               were
               called
               to
               the
               greatest
               affaires
               of
               Christendome
               ,
               were
               made
               lesse
               serviceable
               in
               them
               ,
               being
               too
               much
               imployed
               in
               the
               multitude
               of
               such
               causes
               .
            
             Such
             evils
             and
             disorders
             as
             these
             ,
             gave
             occasion
             to
             the
             Fathers
             of
             that
             Councell
             to
             prohibit
             all
             evocations
             in
             that
             kind
             Which
             was
             confirm'd
             by
             the
             Pragmatique
             Sanction
             of
             Bourges
             in
             the
             title
             
               Of
               Causes
            
             ,
             where
             the
             same
             things
             are
             rehearsed
             .
          
        
         
           
           
             CHAP.
             III.
             Of
             giving
             temporall
             jurisdiction
             to
             Ecclesiasticall
             persons
             .
          
           
             1
             THis
             Councell
             useth
             such
             marvellous
             good
             husbandrie
             ,
             
             and
             carrieth
             all
             things
             so
             handsomely
             to
             its
             proposed
             end
             ,
             that
             at
             the
             last
             reckoning
             all
             the
             world
             is
             well
             appaid
             ,
             except
             Kings
             and
             Princes
             for
             whom
             the
             springe
             was
             set
             .
             We
             have
             seen
             the
             Bishops
             already
             stript
             of
             their
             jurisdiction
             ,
             and
             turn'd
             into
             their
             bare
             shirts
             .
             Now
             we
             shall
             make
             it
             appear
             that
             what
             is
             taken
             from
             them
             on
             the
             one
             side
             ,
             is
             restored
             to
             them
             on
             the
             other
             ,
             all
             to
             the
             prejudice
             of
             Secular
             powers
             ,
             whose
             jurisdiction
             is
             invaded
             ,
             and
             usurped
             upon
             ,
             to
             the
             advantage
             of
             the
             Bishop
             of
             Rome
             ,
             into
             whom
             as
             into
             a
             vast
             Ocean
             ,
             all
             these
             pettie
             rivers
             emptie
             themselves
             .
          
           
             2
             It
             is
             a
             Papall
             maxime
             ,
             holden
             for
             a
             certain
             and
             undoubted
             truth
             .
             a
             
               That
               all
               Bishops
               receive
               their
               jurisdiction
               from
               the
               Pope
               .
            
             They
             take
             an
             oath
             unto
             him
             else
             where●
             and
             that
             a
             very
             strict
             one
             ,
             &
             they
             are
             bound
             by
             this
             b
             Councel
             ,
             to
             promise
             true
             obedience
             unto
             him
             at
             the
             Synods
             of
             the
             Diocese
             .
             So
             that
             there
             can
             be
             nothing
             ascribed
             unto
             Bishops
             in
             point
             of
             jurisdiction
             ,
             but
             the
             Pope
             hath
             a
             share
             in
             it
             (
             as
             fathers
             have
             in
             the
             purchases
             of
             their
             children
             ,
             &
             masters
             of
             their
             slaves
             )
             but
             their
             authoritie
             and
             power
             will
             ever
             receive
             some
             enlargement
             thereby
             .
             This
             preface
             will
             serve
             as
             a
             candle
             to
             give
             light
             unto
             the
             interests
             of
             Kings
             and
             Princes
             in
             all
             the
             particular
             cases
             which
             shall
             bee
             hereafter
             specified
             .
          
           
             3
             This
             Councel
             then
             ,
             to
             the
             prejudice
             of
             the
             Secular
             jurisdiction
             ,
             gives
             unto
             Bishops
             the
             power
             of
             punishing
             the
             authours
             of
             c
             defamatorie
             Libels
             ,
             of
             the
             printers
             of
             them
             ,
             of
             Sorcerers
             ,
             Conjurers
             ,
             and
             such
             like
             people
             ,
             of
             those
             that
             contract
             d
             clandestine
             marriages
             ,
             or
             are
             witnesses
             ,
             and
             assistants
             at
             them
             :
             the
             e
             cognizance
             of
             all
             causes
             matrimonial
             without
             distinction
             ,
             of
             all
             rights
             of
             patronage
             ,
             both
             Lay
             and
             Ecclesiasticall
             ;
             the
             f
             jurisdiction
             to
             compell
             the
             inhabitants
             of
             any
             parish
             to
             allow
             maintenance
             to
             their
             Parish
             Priests
             ;
             the
             g
             visitation
             of
             all
             benefices
             ,
             both
             Regular
             and
             Secular
             :
             the
             cognizance
             of
             the
             reparations
             of
             their
             buildings
             ,
             as
             also
             the
             power
             of
             sequestring
             the
             fruits
             of
             the
             said
             benefices
             ;
             the
             h
             power
             of
             examining
             the
             Kings
             Notaries
             ,
             and
             of
             suspending
             or
             depriving
             them
             of
             their
             office
             for
             some
             fault
             or
             crime
             by
             them
             committed
             ;
             the
             doing
             of
             i
             justice
             upon
             married
             Clerks
             ,
             which
             have
             their
             tonsu●e
             ,
             in
             all
             causes
             both
             civill
             and
             criminall
             ;
             the
             k
             punishing
             of
             concubinage
             ,
             and
             adulterie
             both
             in
             Lay
             men
             and
             women
             ;
             the
             l
             seizing
             of
             mens
             goods
             ,
             and
             arresting
             of
             their
             bodies
             causes
             of
             Ecclesiasticall
             jurisdiction
             ,
             and
             that
             even
             of
             the
             Laitie
             .
             Besides
             ,
             this
             Councell
             in
             very
             many
             m
             Chapters
             ,
             prohibited
             all
             appeals
             ,
             and
             will
             have
             that
             which
             the
             Bishops
             do
             ,
             to
             stand
             ,
             without
             any
             regard
             of
             any
             appeale
             to
             the
             contrary
             whatsoever
             .
             Also
             it
             n
             allowes
             Ecclesiasticall
             persons
             to
             refuse
             such
             summons
             as
             sh●ll
             bee
             sent
             out
             by
             the
             Parliaments
             or
             other
             of
             the
             Kings
             judges
             .
             For
             the
             further
             satisfaction
             of
             such
             as
             will
             not
             content
             themselves
             with
             this
             bare
             proposall
             ,
             wee
             will
             speake
             somewhat
             of
             every
             one
             of
             these
             heads
             ,
             for
             the
             
             better
             clearing
             of
             this
             incroachment
             of
             jurisdiction
             ,
             
             I
             mean
             only
             so
             farre
             as
             concernes
             the
             right
             of
             our
             Realme
             of
             France
             .
          
           
             4
             Beginning
             then
             with
             the
             first
             ,
             which
             is
             touching
             defamatorie
             Libels
             ;
             our
             civil
             lawes
             give
             the
             cognizance
             and
             jurisdiction
             thereof
             to
             the
             Iudges
             and
             Magistrates
             ,
             not
             to
             the
             Ecclesiastiques
             .
             Some
             ,
             may
             bee
             ,
             will
             except
             such
             as
             concerne
             point
             of
             Religion
             ,
             but
             this
             exception
             is
             not
             pertinent
             ;
             and
             observe
             this
             one
             reason
             ,
             which
             is
             sufficient
             to
             confute
             ;
             namely
             ,
             that
             those
             lawes
             of
             Constantine
             the
             Great
             ,
             and
             Constantius
             ,
             which
             restraine
             the
             licence
             of
             such
             Libels
             ,
             were
             made
             in
             a
             time
             much
             like
             this
             of
             ours
             ;
             to
             wit
             ,
             when
             divers
             writings
             were
             put
             out
             concerning
             point
             of
             Religion
             ,
             against
             the
             honour
             both
             of
             one
             and
             other
             .
             Doctour
             Balduin
             hath
             very
             judiciously
             observed
             it
             ;
             
             
               It
               is
               behoofefull
            
             (
             saith
             hee
             )
             
               to
               remember
               what
               manner
               of
               times
               those
               were
               of
            
             Constantine
             and
             Constantius
             ,
             
               wherein
               the
               contentions
               about
               Religion
               ,
               not
               much
               unlike
               unto
               ours
               ,
               gave
               fire
               unto
               the
               affections
               of
               both
               parties
               ,
               and
               which
               afterwards
               hatched
               those
               unhappie
               calumnies
               ,
               and
               scandalous
               libels
               ,
               just
               as
               it
               is
               at
               this
               present
               ,
            
             This
             he
             delivers
             in
             his
             Commentarie
             upon
             the
             three
             lawes
             of
             the
             Emperour
             Constantine
             ,
             and
             the
             two
             of
             Constantius
             ,
             made
             in
             this
             case
             ,
             which
             wee
             read
             at
             this
             day
             in
             the
             Code
             of
             Theodosius
             .
          
           
             5
             Those
             words
             of
             the
             Emperours
             Valentinian
             ,
             and
             Valens
             ,
             are
             also
             remarkable
             .
             
             
               If
               any
               man
               have
               any
               care
               of
               his
               devotion
               ,
               and
               the
               publique
               safetie
               ,
               let
               him
               professe
               his
               name
               ,
               and
               with
               his
               owne
               mouth
               speake
               what
               hee
               intended
               to
               prosecute
               by
               defamatorie
               libels
               .
            
             This
             may
             well
             bee
             referred
             to
             libels
             in
             case
             of
             religion
             ;
             nor
             was
             it
             ever
             meant
             by
             those
             Emperours
             in
             any
             other
             sense
             .
             Now
             all
             these
             forementioned
             constitutions
             ,
             with
             some
             others
             of
             the
             same
             Valentinian
             ,
             and
             
               Valens
               ,
               Arcadius
               ,
               Honorius
            
             ,
             
             and
             Theodosius
             lay
             a
             punishment
             upon
             the
             authours
             of
             such
             libels
             ,
             and
             the
             Publishers
             of
             them
             ;
             committing
             the
             cognizance
             and
             execution
             of
             that
             punishment
             unto
             their
             Officers
             and
             Magistrates
             ,
             directing
             those
             very
             lawes
             unto
             them
             ,
             to
             the
             intent
             that
             they
             might
             observe
             them
             in
             their
             judgements
             .
          
           
             6
             An
             infinite
             company
             of
             the
             Ordinances
             of
             our
             Kings
             speake
             expresselie
             of
             defamatorie
             and
             scandalous
             libels
             ,
             which
             concerne
             matter
             of
             religion
             :
             they
             prescribe
             what
             punishment
             shall
             be
             done
             upon
             them
             ,
             what
             paines
             the
             authors
             ,
             printers
             ,
             and
             publishers
             shall
             endure
             ;
             and
             in
             expresse
             termes
             assigne
             this
             jurisdiction
             to
             the
             Iudges
             Royall
             .
             Of
             this
             kinde
             is
             that
             of
             King
             Henry
             the
             second
             ,
             of
             the
             eleventh
             of
             December
             1547
             ,
             made
             at
             Fountainbleau
             ,
             and
             another
             of
             the
             same
             Prince
             made
             at
             Chasteaubriant
             the
             yeare
             1551
             ;
             that
             of
             Charles
             the
             ninth
             made
             at
             Mante
             the
             tenth
             of
             September
             1563
             ;
             that
             of
             the
             States
             of
             Molins
             in
             the
             77
             Article
             ;
             and
             an
             infinite
             companie
             besides
             ,
             which
             stirre
             up
             the
             jurisdiction
             in
             this
             point
             .
          
           
             7
             I
             shall
             content
             my selfe
             with
             setting
             downe
             the
             words
             of
             one
             of
             them
             only
             ,
             namely
             that
             of
             King
             Charles
             the
             ninth
             made
             at
             Mante
             the
             tenth
             of
             September
             1563
             ,
             which
             speaks
             of
             defamatorie
             libels●
             placards
             ,
             pasquils
             ,
             and
             such
             like
             things
             in
             matter
             of
             Religion
             ;
             and
             as
             for
             the
             point
             of
             jurisdiction
             ordaines
             as
             followeth
             ;
             
               Commanding
               all
               publique
               Magistrates
               ,
               Commissaries
               of
               the
               countrie
               ,
               and
               other
               our
               Officers
               ,
               whom
               it
               may
               concerne
               ,
               to
               have
               an
               eye
               and
               regard
               hereunto
               ,
               charging
               our
               Proctours
               ,
               and
               Advocates
               in
               every
               place
               to
               doe
               their
               endeavour
               ,
               and
               bestirre
               themselves
               herein
               ,
               all
               other
               businesse
               laid
               aside
               ,
               to
               the
               finding
               out
               ,
               and
               punishing
               such
               faults
               as
               they
               shall
               finde
               concerning
               this
               particular
               .
            
             And
             afterwards
             ,
             they
             are
             commanded
             to
             observe
             the
             said
             ordinance
             punctuallie
             ,
             and
             proceed
             against
             the
             breakers
             hereof
             by
             the
             punishments
             there
             assigned
             ,
             peremptorily
             ,
             without
             observing
             the
             ordinarie
             formes
             of
             justice
             .
          
           
             8
             Wee
             have
             also
             some
             prettie
             lawes
             in
             Iustinian
             about
             the
             punishing
             of
             Witches
             and
             Sorcerers
             ,
             which
             are
             addressed
             to
             the
             ●ugdes
             and
             Magistrates
             ;
             yea
             ,
             there
             is
             one
             of
             them
             that
             commands
             him
             that
             shall
             catch
             any
             of
             them
             ,
             to
             put
             
             them
             into
             the
             Iudges
             hands
             .
             
             
               That
               forthwith
               hee
               bring
               him
               out
               in
               publique
               ,
               and
               present
               him
               before
               the
               eyes
               of
               the
               Iudges
               .
            
             The
             Emperours
             Honorius
             and
             Theodosius
             writ
             to
             Cecilian
             one
             of
             their
             Magistrates
             ,
             that
             hee
             should
             banish
             them
             ,
             unlesse
             they
             would
             cōsent
             to
             see
             their
             own
             books
             burnt
             in
             the
             presence
             of
             the
             Bishops
             .
             
             Which
             shews
             that
             the
             Bishops
             had
             but
             little
             jurisdiction
             in
             that
             regard
             .
             Leo
             the
             Emperour
             writes
             also
             to
             one
             of
             his
             Officers
             ,
             that
             he
             should
             punish
             them
             with
             death
             ,
             as
             Apostates
             .
          
           
             9
             The
             punishing
             of
             such
             as
             contract
             clandestine
             marriages
             ,
             and
             those
             that
             conspire
             with
             them
             therein
             ,
             and
             those
             that
             advise
             or
             assist
             them
             about
             the
             consummation
             therof
             belongs
             also
             to
             the
             Iudges
             Royall
             ,
             by
             the
             Ordinance
             of
             King
             Henrie
             the
             second
             ,
             made
             at
             Paris
             in
             Februarie
             1556
             ,
             in
             these
             words
             ;
             
               Let
               them
               bee
               lyable
               to
               such
               punishments
               as
               our
               Iudges
               shall
               thinke
               fit
               ,
               according
               as
               the
               case
               shall
               require
               ,
               to
               whom
               the
               cognizance
               hereof
               shall
               appertaine
               ,
               and
               wherewith
               wee
               charge
               them
               upon
               their
               honours
               and
               consciences
               .
            
             Which
             Ordinance
             was
             renewed
             at
             the
             States
             of
             Blois
             since
             this
             Councell
             was
             holden
             .
             A
             certaine
             argument
             of
             the
             rejection
             thereof
             by
             the
             late
             King.
             
          
           
             10
             As
             for
             causes
             matrimoniall
             ,
             those
             civill
             Lawes
             which
             give
             the
             cognizance
             of
             them
             unto
             Iudges
             and
             Magistrates
             ,
             are
             sufficiently
             knowne
             by
             every
             bodie
             .
             We
             shall
             onely
             speake
             of
             the
             law
             of
             France
             ,
             after
             we
             have
             set
             downe
             the
             words
             of
             the
             Councell
             .
             
             
               If
               any
               man
               say
               that
               matrimoniall
               causes
               belong
               not
               to
               Ecclesiasticall
               Iudges
               ,
               let
               him
               be
               accursed
               .
            
             See
             ,
             here
             's
             a
             Canon
             without
             either
             saddle
             or
             bridle
             ,
             which
             is
             able
             to
             feare
             all
             the
             Secular
             Iudges
             in
             the
             world
             ,
             and
             make
             them
             forbeare
             all
             judgements
             whatsoever
             concerning
             marriages
             ,
             or
             any
             thing
             that
             depends
             upon
             them
             ,
             for
             there
             is
             nothing
             excepted
             .
          
           
             11
             It
             is
             the
             custome
             in
             France
             that
             when
             the
             question
             is
             of
             the
             rite
             of
             the
             coupling
             together
             in
             marriage
             ,
             as
             for
             instance
             ,
             
             
               Whether
               mariage
               be
               perfect
               and
               consummate
               by
               words
               of
               the
               future
               or
               of
               the
               present
               ,
            
             the
             cognizance
             belongs
             to
             the
             Ecclesiasticall
             Iudge
             ;
             but
             if
             it
             be
             a
             question
             of
             fact
             ,
             as
             
               Whether
               the
               contract
               was
               made
               by
               words
               of
               the
               present
               ,
               or
               of
               the
               future
               ,
            
             then
             it
             fals
             within
             the
             jurisdiction
             of
             the
             Civill
             Iudge
             .
             
             So
             likewise
             if
             separation
             from
             the
             bed
             ,
             or
             divorce
             be
             barely
             required
             ,
             and
             no
             more
             ,
             then
             it
             is
             for
             the
             Ecclesiasticall
             Iudge
             to
             determine
             ;
             but
             if
             the
             question
             be
             of
             any
             fact
             ,
             as
             if
             divorce
             bee
             required
             because
             one
             of
             the
             married
             parties
             is
             a
             thiefe
             ,
             then
             it
             is
             for
             the
             lay
             Iudge
             .
             Further
             ,
             if
             the
             question
             about
             marriage
             be
             betwixt
             any
             other
             parties
             than
             the
             husband
             or
             the
             wife
             ,
             as
             if
             the
             father
             and
             mother
             be
             interessed
             in
             it
             ,
             so
             likewise
             if
             the
             controversie
             be
             about
             the
             dammages
             or
             profits
             arising
             from
             a
             marriage
             ,
             about
             the
             portion
             or
             gift
             given
             in
             consideration
             of
             a
             marriage
             ,
             about
             any
             transaction
             in
             a
             matrimoniall
             cause
             ,
             or
             other
             consequences
             or
             dependents●
             it
             belongs
             no
             more
             to
             the
             Ecclesiasticall
             jurisdiction
             ;
             as
             hath
             beene
             adjudged
             by
             divers
             arrests
             of
             our
             high
             Courts
             of
             Parliament
             .
          
           
             12
             The
             right
             of
             patronage
             is
             indeed
             a
             thing
             annexed
             to
             somewhat
             which
             is
             truly
             spirituall
             ,
             yet
             it
             doth
             not
             cease
             for
             all
             that
             to
             bee
             a
             temporall
             right
             in
             some
             kinde
             .
             This
             distinction
             hath
             ever
             beene
             currant
             in
             France
             ,
             
             that
             the
             Ecclesiasticall
             Iudge
             determines
             of
             Ecclesiasticall
             patronage
             when
             the
             question
             is
             about
             the
             petitorie
             ,
             but
             for
             the
             possessorie
             that
             is
             for
             the
             Civill
             Iudge
             .
             This
             maxime
             is
             most
             true
             ,
             that
             in
             things
             spirituall
             the
             cognizance
             of
             the
             petitorie
             belongs
             to
             the
             spirituall
             Iudge
             ,
             and
             of
             the
             possessory
             to
             the
             lay
             Iudges
             :
             Accordingly
             the
             Parliaments
             and
             other
             Iudges
             of
             this
             kingdome
             have
             determined
             concerning
             the
             possessorie
             in
             the
             matter
             of
             tythes
             ,
             which
             are
             as
             spirituall
             as
             patronages
             can
             be
             ,
             
             concerning
             which
             there
             is
             an
             Arrest
             of
             Paris
             made
             1262
             to
             be
             seene
             in
             the
             great
             collection
             of
             them
             .
             They
             have
             also
             ever
             determined
             of
             the
             possessorie
             of
             Benefices
             ,
             concerning
             which
             there
             is
             an
             Arrest
             of
             the
             Parliament
             at
             Bourdeaux
             of
             the
             19
             of
             Iuly
             1524
             in
             the
             same
             collection
             .
             Pope
             Martin
             the
             fifth
             hath
             so
             agreed
             upon
             the
             case
             with
             King
             Charles
             the
             seventh
             concerning
             
             the
             possessorie
             of
             Churches
             ,
             Tythes
             ,
             Benefices
             ,
             and
             all
             other
             spirituall
             things
             ,
             
             in
             a
             certaine
             Bull
             of
             his
             ,
             as
             the
             learned
             Counsellor
             of
             Grenoble
             witnesseth
             in
             his
             decisions
             ;
             and
             this
             because
             the
             possessorie
             ,
             which
             is
             the
             thing
             controverted
             ,
             is
             a
             temporall
             thing
             .
             
          
           
             13
             As
             for
             lay
             patronages
             they
             never
             were
             of
             Ecclesiasticall
             jurisdiction
             in
             France
             ,
             neither
             for
             the
             Possessorie
             nor
             the
             Petitorie
             .
             And
             this
             is
             so
             farre
             true
             ,
             that
             whereas
             the
             spirituall
             Iudge
             may
             have
             cognizance
             of
             tythes
             as
             concerning
             the
             petitorie
             ,
             yet
             he
             may
             not
             so
             of
             those
             which
             are
             appropriated
             ,
             that
             is
             ,
             holden
             by
             a
             lay
             hand
             in
             fee
             of
             the
             Church
             ,
             and
             which
             are
             by
             that
             meanes
             converted
             into
             a
             right
             of
             patronage
             ,
             as
             was
             judged
             by
             an
             Arrest
             of
             the
             Great
             dayes
             of
             Poictiers
             the
             26
             of
             September
             1531
             ,
             by
             another
             of
             Paris
             at
             All
             Hallowes
             1289.
             
             It
             is
             said
             in
             an
             ordinance
             made
             by
             Philip
             the
             third
             ,
             
             anno
             1274
             ,
             that
             if
             one
             lay
             man
             sell
             unto
             another
             lay
             man
             the
             tythes
             which
             he
             hath
             bought
             of
             a
             Clerk
             ,
             and
             there
             arise
             a
             suit
             about
             the
             price
             ,
             the
             cognizance
             thereof
             doth
             not
             belong
             to
             the
             Ecclesiasticall
             Iudge
             .
          
           
             14
             The
             forme
             also
             which
             is
             prescribed
             by
             this
             Councell
             for
             triall
             of
             the
             right
             of
             patronage
             ,
             is
             no
             way
             receiveable
             in
             this
             kingdome
             ,
             which
             ought
             herein
             to
             follow
             the
             common
             law
             ,
             especially
             considering
             that
             the
             rigour
             concerning
             this
             point
             is
             so
             severe
             and
             exact
             ,
             that
             the
             most
             part
             of
             the
             lords
             &
             owners
             of
             the
             said
             rights
             of
             patronage
             should
             bee
             in
             danger
             to
             loose
             them
             ,
             if
             they
             were
             reduced
             to
             that
             necessity
             of
             triall
             .
             Now
             it
             is
             one
             of
             the
             priviledges
             of
             our
             Gallicane
             Church
             .
             
             
               That
               the
               Pope
               cannot
               by
               any
               provisoes
               about
               Benefices
               ,
               or
               otherwise
               ,
               derogate
               from
               ,
               or
               prejudice
               lay
               foundations
               ,
               and
               the
               rights
               of
               the
               lay
               patrons
               of
               this
               Realme
               .
            
          
           
             15
             It
             is
             also
             an
             abuse
             to
             give
             the
             Bishops
             power
             to
             compell
             their
             parishioners
             to
             maintaine
             their
             Priests
             ,
             considering
             that
             the
             Bishops
             in
             France
             have
             no
             jurisdiction
             over
             lay
             men
             in
             a
             temporall
             thing
             ,
             such
             as
             is
             food
             ,
             but
             onely
             in
             case
             of
             the
             Sacraments
             ,
             and
             other
             spirituall
             things
             ,
             as
             is
             said
             expressely
             in
             an
             ordinance
             of
             king
             Francis
             ,
             
             made
             1539.
             conformably
             to
             the
             former
             distinction
             :
             by
             an
             Arrest
             of
             the
             Court
             of
             Parliament
             at
             Paris
             of
             the
             11
             of
             Iuly
             of
             1531
             ,
             a
             certaine
             Priest
             was
             judged
             capable
             of
             suing
             before
             a
             lay
             Iudge
             against
             a
             lay
             man
             for
             the
             wages
             of
             his
             calling
             ,
             in
             as
             much
             as
             he
             had
             said
             Masse
             for
             him
             .
             And
             by
             another
             Arrest
             of
             the
             17
             of
             Aprill
             1545
             upon
             an
             Appeale
             as
             from
             abuse
             ,
             put
             in
             by
             a
             lay
             man
             against
             the
             proceedings
             against
             him
             before
             an
             Officiall
             ,
             at
             the
             suit
             of
             a
             Priest
             ,
             who
             demanded
             paiment
             for
             divers
             Masses
             celebrated
             for
             the
             said
             lay
             man
             and
             his
             predecessors
             ,
             it
             was
             judged
             that
             a
             lay
             Iudge
             is
             onely
             competent
             to
             condemne
             a
             lay
             man
             in
             such
             cases
             .
          
           
             16
             By
             another
             Arrest
             of
             the
             tenth
             of
             August
             1551
             the
             assignation
             granted
             to
             certaine
             villagers
             by
             the
             Bishop
             of
             Anger
             's
             his
             Officiall
             ,
             
             was
             declared
             to
             bee
             a
             nullitie
             ,
             in
             as
             much
             as
             it
             was
             done
             by
             an
             incompetent
             Iudge
             ,
             and
             that
             because
             it
             was
             about
             the
             payment
             of
             a
             summe
             of
             eight
             pence
             ,
             which
             the
             said
             assignes
             were
             bound
             to
             pay
             to
             the
             Canons
             of
             Anger
             's
             every
             yeare
             at
             Easter
             ,
             to
             bee
             bestowed
             in
             wine
             which
             was
             given
             unto
             them
             after
             the
             celebration
             of
             the
             blessed
             Sacrament
             .
             By
             another
             Arrest
             of
             the
             22
             of
             Aprill
             1532
             it
             was
             declared
             that
             the
             right
             of
             sepulture
             is
             not
             triable
             before
             an
             Ecclesiasticall
             Iudge
             .
             There
             is
             greater
             reason
             that
             a
             lay
             Iudge
             should
             determine
             in
             case
             of
             maintenance
             demanded
             by
             a
             Priest
             against
             his
             Parishioners
             .
             For
             in
             such
             a
             case
             the
             question
             is
             not
             about
             a
             spirituall
             thing
             ,
             bu●
             a
             temporall
             annexed
             unto
             a
             spirituall
             ,
             which
             in
             matter
             of
             jurisdiction
             must
             ever
             be
             separated
             .
          
           
             17
             As
             for
             the
             visitation
             of
             benefices
             ,
             the
             Parliaments
             of
             this
             Realme
             have
             reserved
             that
             authoritie
             unto
             themselves
             ,
             of
             ordering
             of
             them
             divers
             times
             ,
             and
             causing
             them
             to
             be
             judged
             .
             And
             to
             this
             purpose
             there
             is
             an
             Arrest
             of
             Paris
             of
             the
             16
             of
             December
             1521
             ,
             whereby
             it
             is
             determin'd
             that
             the
             Priorie
             of
             Sain●
             Maurice
             at
             Saint
             Li●
             shall
             be
             visited
             and
             repaired
             ;
             and
             besides
             ,
             that
             during
             the
             
             suit
             of
             the
             Priorie
             ,
             
             the
             administration
             of
             the
             sacred
             things
             shall
             bee
             committed
             to
             two
             Clerks
             ,
             and
             of
             the
             prophane
             to
             two
             lay
             men
             .
             The
             Monks
             of
             the
             Abby
             of
             Orbais
             in
             Champaine
             complaining
             of
             the
             Abbat
             in
             trust
             ,
             that
             monastery
             was
             visited
             by
             Arrest
             of
             the
             same
             Parliament
             ,
             given
             out
             the
             year
             1●68
             .
             The
             power
             of
             visiting
             belongs
             indeed
             to
             Bishops
             ,
             but
             not
             so
             as
             that
             they
             may
             use
             any
             coaction
             to
             cause
             the
             reparations
             of
             the
             buildings
             to
             bee
             made
             .
             They
             may
             call
             in
             unto
             them
             the
             lay
             officers
             of
             the
             place
             to
             provide
             altogether
             for
             the
             reparation
             and
             maintenance
             of
             Parish
             Churhes
             and
             their
             buildings
             .
             But
             the
             putting
             of
             this
             in
             execution
             belongs
             afterwards
             to
             the
             lay
             Iudges
             ;
             who
             to
             that
             end
             must
             compell
             the
             Churchwardens
             and
             parishioners
             to
             contribute
             for
             the
             necessary
             charges
             by
             all
             due
             and
             reasonable
             wayes
             ,
             yea
             and
             the
             Curats
             themselves
             ,
             if
             they
             bee
             seized
             of
             temporals
             to
             beare
             such
             a
             part
             and
             share
             of
             the
             said
             reparations
             and
             charges
             ,
             as
             shall
             be
             set
             downe
             by
             the
             said
             Prelates
             .
             This
             is
             almost
             word
             for
             word
             the
             same
             with
             what
             was
             decreed
             in
             this
             point
             by
             the
             25
             article
             of
             the
             ordinance
             of
             Orlean
             .
             So
             then
             the
             Bishops
             may
             arbitrate
             these
             reparations
             ,
             calling
             the
             lay
             Iudges
             in
             unto
             them
             ,
             but
             they
             have
             no
             jurisdiction
             to
             compell
             any
             man
             to
             make
             them
             ;
             that
             belongs
             to
             the
             Civill
             Iudges
             ,
             exclusively
             to
             the
             Ecclesiasticall
             in
             France
             .
          
           
             18
             It
             is
             many
             years
             agoe
             since
             the
             Parliament
             of
             Paris
             pronounced
             ,
             
             that
             it
             was
             good
             law
             which
             was
             done
             by
             a
             bailiffe
             of
             Vermandois
             ,
             who
             going
             upon
             a
             Commission
             for
             the
             King
             decreed
             that
             he
             would
             have
             the
             cognizance
             of
             assessing
             of
             reparations
             ,
             which
             were
             to
             be
             done
             in
             certaine
             houses
             which
             belonged
             to
             the
             Church
             of
             Landune
             .
             A
             certaine
             Bishop
             of
             Noyon
             was
             also
             dismist
             of
             his
             exception
             against
             the
             jurisdiction
             of
             the
             Court
             ,
             
             in
             an
             action
             entred
             against
             him
             in
             Parliament
             ,
             about
             certaine
             reparations
             of
             the
             tenements
             belonging
             to
             another
             Bishoprique
             which
             hee
             had
             formerly
             had
             .
             In
             the
             register
             of
             the
             ancient
             Decrees
             of
             the
             Parliament
             of
             Paris
             .
             Folio
             114
             ,
             there
             is
             one
             of
             King
             Charles
             the
             sixth
             ,
             bearing
             date
             the
             sixt
             of
             October
             ,
             1385
             :
             the
             words
             whereof
             are
             these
             ;
             
               That
               every
               of
               the
               Iudges
               Royall
               within
               his
               Province
               ,
               perceiving
               the
               ruine
               of
               Church
               livings
               by
               default
               of
               allowance
               of
               meanes
               to
               such
               as
               do
               divine
               service
               in
               that
               place
               ,
               by
               the
               burthen
               of
               debts
               ,
               or
               the
               fall
               of
               houses
               ,
               proceeding
               from
               the
               negligence
               or
               ill
               usage
               of
               the
               inhabitants
               ,
               that
               they
               seize
               the
               fruits
               of
               them
               into
               our
               hands
               .
               By
               a
               triple
               division
               whereof
               they
               shall
               provide
               for
               the
               three
               defaults
               above
               mentioned
               ,
               deputing
               certaine
               Commissaries
               to
               that
               end
               ,
               by
               the
               counsell
               and
               advise
               of
               the
               Abbats
               ,
               Religious
               ,
               or
               Ministers
               of
               the
               places
               at
               indifferent
               charges
               ,
               who
               shall
               give
               accounts
               of
               the
               remainder
               ,
               and
               restore
               it
               unto
               those
               to
               whom
               it
               shall
               appertaine
               .
            
          
           
             19
             The
             necessitie
             of
             repairing
             and
             re-edifying
             of
             Churches
             during
             the
             time
             of
             these
             troubles
             ,
             being
             referr'd
             by
             our
             Kings
             unto
             the
             Clergy-men
             ,
             the
             Ordinances
             made
             in
             that
             behalfe
             ,
             are
             directed
             to
             the
             Courts
             of
             Parliament
             ,
             the
             baliffes
             ,
             and
             stewards
             ;
             who
             are
             prohibited
             by
             virtue
             thereof
             to
             compell
             them
             to
             make
             the
             said
             reparations
             ,
             as
             appeares
             by
             the
             Ordinances
             of
             Charles
             the
             ninth
             ,
             dated
             the
             10
             of
             September
             1568.
             
             The
             eighteenth
             of
             September
             1571.
             
             The
             third
             of
             November
             1572.
             
             It
             hath
             beene
             also
             judged
             by
             divers
             Arrests
             of
             the
             Parliaments
             of
             this
             land
             ,
             which
             are
             to
             be
             seene
             in
             the
             great
             collection
             of
             them
             ,
             that
             the
             question
             touching
             the
             reparations
             of
             benefices
             belongs
             to
             the
             Lay
             Iudge
             ,
             and
             not
             to
             the
             Ecclesiasticall
             .
          
           
             20
             As
             for
             the
             sequestration
             of
             the
             fruits
             which
             the
             Councell
             gives
             unto
             Bishops
             it
             belongs
             no
             more
             unto
             them
             than
             the
             other
             ,
             
             considering
             that
             they
             cannot
             put
             it
             in
             execution
             ,
             nor
             have
             any
             right
             of
             seisure
             in
             the
             goods
             moveable
             ,
             or
             immoveable
             .
             And
             herein
             that
             Decree
             of
             Philip
             the
             third
             ,
             dated
             1274
             ,
             is
             worth
             our
             observation
             ,
             who
             prohibites
             a
             Bishop
             
               the
               granting
               the
               seisure
               of
               the
               moveable
               goods
               of
               a
               certaine
               Clerke
               condemn'd
               in
               a
               personall
               action
               ,
               considering
               that
               those
               goods
               were
               not
               within
               his
               episcopall
               Iurisdiction
               .
            
          
           
           
             
             21
             But
             there
             is
             nothing
             more
             exorbitant
             than
             the
             jurisdiction
             which
             is
             by
             this
             Councell
             given
             unto
             Bishops
             over
             the
             Notaries
             Royall
             .
             It
             is
             a
             certaine
             rule
             ,
             that
             Ecclesiasticall
             persons
             have
             no
             jurisdiction
             within
             this
             Realme
             over
             Lay
             men
             ,
             save
             in
             one
             case
             ;
             to
             wit
             ,
             when
             the
             question
             is
             concerning
             the
             sacraments
             and
             spirituall
             things
             .
             This
             is
             so
             farre
             true
             ,
             that
             an
             Ecclesiasticall
             Iudge
             cannot
             so
             much
             as
             deale
             in
             a
             fault
             committed
             by
             his
             Lay
             gaolor
             for
             suffering
             a
             prisoner
             to
             make
             an
             escape
             ,
             or
             in
             any
             other
             offence
             committed
             in
             the
             gaole
             ;
             as
             it
             was
             judged
             by
             an
             Arrest
             given
             in
             the
             Great
             dayes
             of
             Poictires
             the
             18
             of
             September
             1531
             ;
             nor
             in
             any
             faults
             committed
             by
             the
             Proctour
             of
             his
             office
             if
             hee
             bee
             a
             Lay
             man
             ,
             although
             he
             have
             trespassed
             in
             the
             exercise
             thereof
             ,
             according
             to
             an
             Arrest
             of
             Paris
             of
             the
             11
             of
             April
             1532.
             
             Now
             the
             Royall
             Notaries
             are
             so
             farre
             from
             being
             ,
             nay
             it
             is
             so
             impossible
             that
             they
             should
             be
             under
             the
             Ecclesiasticall
             jurisdiction
             ,
             that
             on
             the
             contrarie
             the
             Iudges
             Royall
             have
             authoritie
             over
             the
             Apostolicall
             Notaries
             .
             This
             appears
             by
             an
             Edict
             of
             King
             Henrie
             the
             second
             ,
             made
             at
             Fountainbleau
             in
             September
             1547
             ,
             about
             the
             calling
             in
             of
             the
             Apostolicall
             Notaries
             ,
             wherein
             it
             is
             said
             ,
             
               That
               by
               the
               bailiffes
               ,
               stewards
               and
               Presidiall
               Iudges
               ,
               every
               one
               in
               his
               owne
               power
               and
               jurisdiction
               a
               sufficient
               number
               of
               the
               said
               Notaries
               shall
               bee
               adjudg'd
               and
               limited
               .
            
             Which
             calling
             being
             so
             made
             by
             them
             and
             every
             of
             them
             ,
             his
             will
             is
             
               That
               they
               make
               choise
               of
               the
               most
               able
               and
               sufficient
               within
               their
               jurisdiction
               to
               the
               number
               by
               them
               determined
               .
            
             And
             for
             the
             Notaries
             Royall
             ,
             it
             were
             a
             superfluous
             thing
             to
             alledge
             the
             Decrees
             which
             give
             the
             Kings
             Iudges
             authoritie
             to
             punish
             them
             in
             case
             of
             any
             offence
             or
             crime
             by
             them
             committed
             .
          
           
             22
             The
             jurisdiction
             which
             is
             given
             unto
             Bishops
             over
             such
             married
             people
             as
             have
             only
             the
             single
             tonsure
             ,
             is
             not
             lesse
             extraordinarie
             .
             A
             married
             shaveling
             hath
             as
             good
             as
             no
             priviledge
             at
             all
             in
             France
             ,
             but
             is
             reckoned
             in
             the
             ranke
             of
             Lay
             men
             ,
             because
             of
             the
             great
             abuses
             which
             have
             beene
             heretofore
             committed
             in
             this
             Kingdome
             .
             For
             ,
             to
             inlarge
             the
             Ecclesiasticall
             jurisdiction
             ;
             the
             time
             was
             when
             Prelates
             bestowed
             that
             tonsure
             upon
             all
             sorts
             of
             people
             ,
             even
             upon
             some
             young
             infants
             ,
             some
             servants
             ,
             some
             bastards
             ,
             and
             some
             ignorant
             and
             illiterate
             married
             men
             ;
             yea
             ,
             and
             which
             is
             more
             ,
             if
             the
             Kings
             Officers
             prosecuted
             any
             offender
             ,
             if
             he
             but
             said
             hee
             was
             shav'd
             ,
             though
             indeed
             hee
             were
             not
             ,
             the
             Ecclesiasticall
             Iudge
             would
             straightwaies
             hooke
             unto
             himself
             the
             cognizance
             of
             the
             cause
             by
             censures
             and
             excommunications
             .
             Which
             was
             a
             meanes
             of
             offenders
             escaping
             with
             impunitie
             ,
             because
             that
             they
             might
             get
             off
             by
             their
             purse
             from
             the
             Ecclesiasticall
             Iudges
             ,
             upon
             which
             occasion
             all
             malefactours
             inclined
             rather
             to
             this
             jurisdiction
             :
             as
             it
             is
             prov'd
             at
             large
             in
             the
             Articles
             which
             were
             presented
             to
             King
             Philip
             ,
             by
             Mr.
             
               Peter
               de
               Cugneres
            
             against
             the
             Clergy
             of
             France
             .
          
           
             
             23
             A
             certaine
             Queen
             of
             England
             complain'd
             to
             Pope
             H●norius
             the
             third
             of
             that
             name
             ,
             that
             many
             married
             men
             made
             use
             of
             the
             tonsure
             ,
             to
             cheat
             her
             of
             the
             right
             which
             belonged
             unto
             her
             ,
             as
             it
             is
             recorded
             in
             the
             Decretals
             .
             By
             an
             Ordinance
             of
             King
             Charles
             the
             ninth
             ,
             in
             the
             yeare
             1563
             ,
             it
             was
             decreed
             ,
             that
             none
             should
             bee
             admitted
             to
             sue
             ,
             by
             virtue
             of
             the
             priviledge
             of
             his
             Clergy
             ,
             to
             bee
             sent
             backe
             to
             the
             Ecclesiasticall
             Iudge
             in
             any
             case
             whatsoever
             ,
             whether
             civill
             or
             criminall
             ,
             unlesse
             hee
             were
             a
             subdeacon
             at
             the
             least
             :
             which
             is
             as
             much
             as
             to
             exclude
             all
             simple
             shavelings
             ,
             whether
             they
             be
             married
             or
             no
             ,
             who
             notwithstanding
             shall
             bee
             admitted
             by
             the
             Councell
             of
             Trent
             ,
             yea
             in
             such
             sort
             ,
             that
             priviledged
             cases
             are
             not
             excepted
             in
             criminall
             matters
             ,
             nor
             personall
             actions
             depending
             upon
             the
             realitie
             ,
             and
             other
             such
             like
             civill
             matters
             ;
             howbeit
             that
             such
             exceptions
             have
             ever
             beene
             in
             force
             within
             this
             Kingdome
             ,
             and
             that
             even
             in
             all
             sorts
             of
             Ecclesiasticall
             persons
             .
          
           
             24
             And
             see
             here
             another
             great
             prejudice
             done
             unto
             us
             by
             this
             Councell
             ,
             which
             we
             must
             either
             take
             a
             course
             to
             remedie
             ,
             or
             else
             all
             the
             regall
             jurisdiction
             
             on
             of
             our
             Ecclesiasticall
             persons
             will
             come
             to
             nothing
             ,
             
             and
             wee
             must
             talke
             no
             more
             of
             those
             distinctions
             which
             were
             wont
             to
             bee
             used
             in
             the
             pallace
             ,
             time
             out
             of
             minde
             in
             this
             regard
             .
             For
             if
             priviledged
             cases
             ,
             and
             civill
             actions
             which
             belong
             to
             the
             jurisdiction
             Royall
             ,
             bee
             not
             excepted
             in
             the
             person
             of
             married
             Clerks
             ,
             then
             much
             more
             must
             wee
             admit
             of
             this
             new
             law
             in
             behalfe
             of
             other
             Clergy
             men
             ,
             whose
             priviledge
             is
             farre
             greater
             .
          
           
             25
             As
             for
             Civill
             actions
             the
             Councell
             confirmes
             the
             Decree
             of
             Boniface
             the
             eighth
             ,
             whereby
             Secular
             Iudges
             cannot
             condemne
             married
             Clerks
             ,
             neither
             in
             personall
             causes
             ,
             nor
             pecuniary
             .
             
             Which
             words
             are
             of
             a
             very
             large
             extent
             ,
             so
             great
             that
             we
             may
             comprehend
             under
             them
             ,
             not
             only
             actions
             which
             are
             purely
             personall
             ,
             but
             such
             also
             as
             depend
             upon
             reality
             ,
             all
             actions
             of
             contract
             ,
             reall
             ,
             and
             possessory
             .
             For
             the
             word
             Pecuniariter
             being
             divided
             from
             Personaliter
             ,
             and
             placed
             before
             it
             in
             the
             said
             Decree
             ,
             will
             alwayes
             be
             understood
             generally
             ,
             and
             will
             ●omprehend
             within
             its
             latitude
             ,
             by
             meanes
             of
             that
             interpretation
             they
             will
             put
             upon
             it
             ,
             whatsoever
             concernes
             our
             patrimonie
             ,
             and
             all
             the
             actions
             which
             we
             can
             have
             ,
             either
             for
             the
             recoverie
             or
             preservation
             thereof
             .
             Which
             they
             will
             confirme
             even
             by
             the
             au●horitie
             of
             our
             owne
             law
             .
          
           
             26
             As
             for
             adulteries
             ,
             the
             usurpation
             is
             very
             notorious
             :
             
             it
             is
             directly
             against
             the
             Civill
             lawes
             ,
             whereby
             the
             punishing
             of
             this
             crime
             belongs
             to
             the
             Magistrates
             ,
             not
             only
             by
             those
             of
             the
             Pagans
             ,
             but
             even
             by
             those
             also
             of
             the
             Christian
             Emperours
             .
             The
             Ecclesiasticall
             Iudges
             in
             France
             never
             had
             the
             cognizance
             of
             such
             crimes
             over
             Lay
             men
             ,
             but
             this
             jurisdiction
             was
             left
             in
             the
             possession
             of
             the
             Secular
             Iudges
             :
             Yea
             ,
             which
             is
             more
             ,
             we
             read
             two
             Arrests
             of
             Bourdeaux
             ,
             one
             against
             a
             Bishop
             ,
             
             another
             against
             an
             Abbat
             ,
             wherby
             they
             were
             condemn'd
             unto
             certaine
             punishments
             for
             the
             crime
             of
             manifest
             adulterie
             .
             There
             are
             an
             infinite
             more
             Arrests
             of
             the
             Courts
             of
             Parliament
             of
             this
             Kingdome
             ,
             which
             testifie
             that
             they
             are
             in
             possession
             of
             the
             cognizance
             of
             this
             crime
             .
          
           
             27
             Leo
             the
             tenth
             acknowledging
             that
             this
             right
             belongeth
             to
             the
             officers
             Royall
             of
             this
             Realme●
             
             where
             hee
             decrees
             concerning
             the
             punishment
             of
             Clerks
             that
             keepe
             Concubines
             ,
             when
             he
             comes
             to
             speake
             of
             Lay
             men
             ,
             he
             doth
             no
             more
             but
             exhort
             them
             to
             abstaine
             from
             adultery
             and
             concubinage
             ,
             as
             things
             forbidden
             by
             God
             ,
             without
             passing
             any
             further
             .
             The
             Ecclesiasticall
             Iudges
             have
             sometimes
             attempted
             to
             usurpe
             this
             jurisdiction
             over
             the
             Laitie
             in
             case
             of
             adulterie
             ;
             
             but
             the
             complaint
             which
             was
             made
             of
             it
             by
             Mr.
             
               Peter
               de
               Cugneres
            
             on
             the
             behalfe
             of
             the
             Iudges
             Royall
             ,
             which
             wee
             may
             read
             at
             this
             day
             extant
             ,
             put
             an
             end
             to
             that
             trouble
             .
             And
             alwaies
             whensoever
             the
             Clergie
             attempted
             to
             meddle
             in
             such
             matters
             ,
             they
             have
             beene
             prohibited
             by
             the
             Parliaments
             upon
             appeals
             ,
             as
             from
             abuse
             which
             have
             beene
             put
             in
             against
             their
             decrees
             .
          
           
             28
             So
             by
             an
             Arrest
             of
             Paris
             ,
             of
             the
             28
             of
             Iune
             1534.
             
             It
             was
             determined
             that
             a
             married
             Lay
             man
             cannot
             be
             cited
             before
             an
             Ecclesiasticall
             Iudge
             ,
             
             for
             deflowring
             a
             Virgin.
             There
             are
             two
             Arrests
             of
             that
             same
             Court
             ,
             called
             ,
             
               The
               Arrests
               of
               married
               whoremongers
            
             ,
             which
             are
             very
             remarkable
             ;
             one
             dated
             the
             10
             of
             Iuly
             1366
             ,
             the
             other
             the
             5
             of
             March
             1388
             ,
             whereby
             Bishops
             and
             Archdeacons
             are
             prohibited
             to
             cause
             Lay
             men
             to
             bee
             cited
             any
             more
             before
             their
             officials
             ,
             in
             case
             of
             adultery
             or
             fornication
             with
             other
             women
             than
             their
             owne
             wives
             .
             
             There
             is
             also
             an
             Ordinance
             of
             King
             Saint
             Lewes
             the
             yeare
             1254
             ,
             for
             the
             banishment
             of
             common
             whores
             out
             of
             all
             cities
             and
             townes
             ,
             which
             hee
             will
             have
             to
             be
             done
             by
             his
             Iudges
             and
             Officers
             ,
             and
             their
             goods
             to
             bee
             seized
             by
             them
             .
          
           
             29
             The
             like
             case
             is
             about
             seizure
             of
             goods
             ,
             it
             being
             a
             thing
             certain
             in
             France
             ,
             that
             such
             executions
             are
             prohibited
             and
             forbidden
             to
             Ecclesiasticall
             Iudges
             by
             an
             Ordinance
             of
             King
             Philip
             the
             third
             ,
             made
             in
             the
             yeare
             1274
             ;
             which
             forbids
             any
             Bishop
             to
             cause
             any
             such
             execution
             to
             bee
             made
             of
             the
             immoveable
             goods
             of
             any
             Clerke
             condemn'd
             in
             a
             personall
             action
             ;
             because
             the
             immoveable
             
             goods
             are
             out
             of
             his
             Episcopall
             jurisdiction
             .
             
             According
             hereunto
             a
             certaine
             Bishop
             of
             Paris
             was
             declared
             not
             to
             be
             admitted
             into
             the
             Court
             in
             a
             pretendure
             which
             he
             made
             of
             the
             power
             of
             arresting
             certaine
             moneyes
             belonging
             to
             a
             Clerke
             inhabiting
             in
             certaine
             lands
             subject
             to
             the
             jurisdiction
             Royall
             ,
             and
             he
             was
             cast
             for
             attempting
             it
             ,
             by
             an
             Arrest
             of
             Paris
             the
             second
             of
             April
             1334.
             
             And
             the
             reason
             hereof
             is
             ,
             that
             it
             is
             holden
             for
             a
             ruled
             case
             in
             our
             law
             ,
             that
             Bishops
             and
             other
             Ecclesiasticall
             Iudges
             have
             no
             territory
             or
             other
             right
             of
             temporall
             subjection
             ,
             
             as
             is
             proved
             by
             Mr.
             
               Giles
               le
               Maistre
            
             chiefe
             President
             of
             Paris
             ,
             by
             divers
             authorities
             .
             And
             upon
             the
             same
             reason
             the
             cognizance
             of
             reall
             actions
             ,
             of
             debt
             ,
             and
             possessory
             ,
             is
             forbidden
             them
             .
             When
             there
             is
             any
             necessitie
             of
             doing
             such
             or
             such
             like
             executions
             ,
             they
             must
             implore
             the
             aid
             of
             the
             secular
             arme
             ,
             which
             cannot
             be
             denyed
             them
             .
             The
             Iudges
             Royall
             are
             enjoyn'd
             by
             the
             24
             Article
             of
             the
             Ordinance
             of
             Melune
             made
             1580
             ,
             to
             aid
             the
             Ecclesiasticall
             Iudges
             in
             the
             execution
             of
             their
             sentences
             when
             they
             implore
             t●e
             secular
             arme
             .
          
           
             
             30
             Much
             lesse
             may
             they
             proceed
             by
             way
             of
             imprisonments
             or
             otherwise
             to
             the
             execution
             of
             their
             sentences
             .
             Such
             Acts
             are
             left
             to
             the
             Secular
             power
             which
             they
             ought
             to
             implore
             .
             But
             if
             in
             any
             criminall
             case
             they
             decree
             the
             Arrest
             of
             a
             mans
             bodie
             against
             those
             of
             their
             jurisdiction
             ,
             they
             cannot
             proceed
             to
             cause
             him
             to
             be
             attacht
             ,
             if
             he
             be
             out
             of
             their
             Court
             ,
             but
             must
             have
             recourse
             to
             the
             secular
             arme
             .
             And
             to
             this
             purpose
             it
             was
             determin'd
             by
             an
             Arrest
             of
             Paris
             of
             the
             tenth
             of
             May
             1535
             ,
             That
             it
             was
             ill
             determin'd
             and
             absurdly
             proceeded
             by
             the
             Deane
             and
             Chapter
             of
             Mans
             ,
             who
             judged
             ,
             upon
             an
             accusation
             commenced
             against
             a
             Canon
             of
             the
             said
             Church
             ,
             that
             he
             should
             be
             kept
             prisoner
             in
             his
             Cloister
             .
          
           
             31
             But
             one
             of
             the
             greatest
             wounds
             which
             the
             Kings
             authoritie
             and
             the
             Courts
             of
             Parliament
             can
             receive
             ,
             is
             ,
             that
             the
             power
             of
             appealing
             is
             taken
             away
             even
             almost
             in
             all
             actions
             .
             For
             as
             for
             the
             Popes
             Bulls
             and
             Decrees
             wee
             have
             already
             prov'd
             that
             such
             appeales
             cannot
             bee
             put
             in
             hereafter
             ,
             in
             as
             much
             as
             he
             is
             made
             to
             be
             above
             a
             Councell
             ,
             above
             all
             Princes
             and
             Lords
             that
             have
             any
             soveraigne
             dominion
             ;
             in
             as
             much
             as
             the
             confirmation
             of
             all
             the
             Canons
             and
             Decrees
             of
             the
             Councell
             of
             Trent
             was
             left
             unto
             him
             ;
             the
             reformation
             also
             of
             all
             that
             concernes
             Ecclesiasticall
             manners
             and
             discipline
             ,
             and
             his
             authoritie
             in
             all
             things
             reserv'd
             .
             As
             for
             the
             Bishop●
             and
             other
             Prelates
             of
             this
             Kingdome
             ,
             in
             all
             the
             before-mentioned
             cases
             it
             is
             said
             expressely
             ,
             that
             no
             appeale
             can
             be
             had
             from
             their
             sentences
             .
             It
             is
             true
             that
             the
             Popes
             authoritie
             is
             reserv'd
             above
             all
             so
             as
             not
             onely
             the
             Kings
             inferiour
             Iudges
             are
             depriv'd
             of
             their
             ordinary
             jurisdiction
             ,
             but
             the
             Parliaments
             also
             of
             Appeals
             unto
             them
             as
             from
             abuse
             ,
             which
             have
             alwayes
             beene
             put
             in
             from
             the
             sentences
             of
             the
             Bishops
             :
             yea
             even
             from
             the
             Canons
             and
             Decrees
             of
             the
             Provinciall
             Councels
             of
             France
             ,
             and
             the
             execution
             of
             the
             Popes
             Buls
             and
             Decrees
             .
          
           
             
             32
             But
             there
             is
             yet
             more
             ,
             namely
             ,
             that
             appeales
             from
             abuse
             made
             unto
             the
             Parliaments
             ,
             in
             divers
             other
             cases
             is
             taken
             away
             :
             as
             where
             it
             is
             decreed
             that
             no
             appeale
             shall
             bee
             made
             from
             such
             sentence
             of
             the
             Ordinaries
             ,
             whereby
             they
             shall
             depute
             a
             Vicar
             with
             an
             assignement
             of
             certaine
             portion
             of
             maintenance
             in
             any
             Cure
             or
             Benefice
             formerly
             without
             Cure.
             Wherein
             there
             is
             a
             double
             grievance
             :
             First
             ,
             that
             th●
             Iudges
             royall
             ,
             as
             Bailiffes
             ,
             Stewards
             ,
             and
             such
             like
             ,
             are
             deprived
             of
             that
             seizure
             which
             they
             are
             permitted
             otherwise
             to
             make
             of
             the
             revenewes
             of
             livings
             
               ●ine
               curâ
            
             ,
             both
             by
             the
             Ordinance
             of
             Charles
             the
             6
             ,
             Anno
             1385
             ,
             and
             by
             that
             of
             the
             States
             of
             Orleans
             holden
             under
             Charles
             the
             9.
             
             Anno
             1560
             ,
             in
             the
             eight
             and
             twentie
             first
             Articles
             ;
             and
             after
             that
             by
             the
             Edict
             of
             M●lune
             made
             by
             Henry
             the
             third
             in
             February
             1580
             ,
             Article
             the
             fifth
             ,
             upon
             occasion
             of
             the
             complaints
             of
             the
             Clergie
             of
             France
             ,
             and
             by
             another
             of
             the
             same
             Prince
             the
             tenth
             of
             September
             1●68
             .
             The
             other
             that
             our
             Parliaments
             are
             depriv'd
             
             of
             Appeales
             as
             from
             abuse
             ,
             which
             have
             alwaies
             beene
             used
             in
             this
             kingdome
             .
             
          
           
             33
             Power
             is
             also
             given
             unto
             the
             Bishops
             to
             erect
             Colledges
             for
             the
             instruction
             of
             youth
             ,
             with
             the
             advice
             of
             two
             of
             the
             most
             ancient
             Prebends
             ,
             and
             to
             endow
             them
             with
             the
             advice
             of
             foure
             deputies
             ,
             two
             of
             the
             Chapter
             ,
             and
             two
             of
             the
             Clergie
             :
             as
             also
             to
             order
             the
             revenewes
             of
             buildings
             ,
             and
             of
             hospitals
             ,
             tithes
             appropriated
             and
             belonging
             to
             lay
             men
             ,
             so
             as
             there
             can
             bee
             no
             appeale
             from
             what
             they
             shall
             determine
             in
             this
             respect
             .
             Wherein
             there
             are
             divers
             good
             grounds
             of
             complaint
             .
             First
             ,
             that
             the
             Councell
             undertakes
             to
             erect
             Colledges
             in
             France
             for
             the
             instruction
             of
             youth
             ;
             for
             that
             derogates
             from
             the
             Kings
             authoritie
             ,
             who
             hath
             provided
             for
             this
             point
             by
             the
             ninth
             Article
             of
             the
             Ordinance
             of
             Orleans
             .
             Secondly
             ,
             that
             the
             Councell
             gives
             the
             power
             of
             this
             erection
             to
             the
             Clergie
             ,
             without
             employing
             the
             Maiors
             ,
             Sheriffes
             ,
             Councellors
             ,
             Capitons
             ,
             or
             other
             Civill
             Magistrates
             ,
             which
             the
             same
             Ordinance
             doth
             require
             :
             the
             words
             whereof
             are
             these
             .
             
               Besides
               the
               said
               Divinity
               Prebend
               ,
               another
               Prebend
               or
               the
               revenewes
               thereof
               shall
               bee
               assign'd
               for
               the
               maintenance
               of
               a
               Schoolemaster
               ,
               who
               shall
               be
               bound
               in
               the
               meane
               time
               to
               teach
               all
               the
               youth
               of
               the
               City
            
             gratis
             ,
             
               without
               any
               wages
               .
               Which
               Schoolemaster
               shall
               be
               chosen
               by
               the
               Archbishop
               or
               Bishop
               of
               the
               place
               ,
               calling
               in
               the
               Canons
               of
               the
               Church
               ,
               together
               with
               the
               Maiors
               ,
               Sheriffes
               ,
               Councellors
               ,
               or
               Capitons
               of
               the
               City
               ,
               and
               to
               bee
               put
               out
               by
               the
               said
               Archbishop
               or
               Bishops
               ,
               with
               the
               advice
               of
               them
               aforesaid
               .
            
             And
             the
             execution
             of
             the
             aforesaid
             Ordinance
             is
             committed
             to
             the
             Officers
             Royall
             by
             another
             Ordinance
             of
             the
             same
             Prince
             given
             the
             22
             of
             November
             1563.
             
             
             And
             the
             reason
             why
             the
             Ecclesiastickes
             are
             here
             joyned
             with
             the
             lay
             in
             the
             election
             of
             a
             Schoolmaster
             ,
             is
             ,
             because
             his
             maintenance
             is
             taken
             out
             of
             the
             revenewes
             of
             the
             Church
             .
             For
             otherwise
             there
             were
             no
             necessitie
             why
             they
             should
             come
             in
             .
          
           
             34
             In
             the
             third
             place
             ,
             it
             disposeth
             of
             other
             mens
             goods
             too
             freely
             (
             as
             of
             building
             money
             )
             imploying
             it
             to
             another
             use
             ,
             against
             the
             will
             of
             the
             founders
             .
             King
             Henry
             the
             third
             without
             any
             regard
             had
             to
             the
             determination
             of
             that
             Councell
             ,
             by
             his
             Edict
             of
             
               Melune
               ,
               Anno
            
             1580
             Article
             the
             eighth
             ,
             doth
             expressely
             forbid
             both
             his
             Iudges
             and
             all
             others
             to
             divert
             or
             apply
             the
             goods
             and
             revenewes
             which
             have
             beene
             given
             for
             the
             building
             of
             Churches
             and
             Chappels
             ,
             to
             any
             other
             use
             than
             that
             to
             which
             it
             was
             ordain'd
             .
             Which
             sheweth
             withall
             the
             little
             regard
             the
             late
             King
             had
             of
             this
             Councell
             .
          
           
             35
             It
             disposeth
             likewise
             of
             the
             revenewes
             of
             Hospitals
             contrary
             to
             the
             intention
             of
             the
             Founders
             ,
             and
             to
             the
             prejudice
             of
             divers
             Ordinances
             of
             our
             kings
             which
             have
             beene
             made
             in
             this
             behalfe
             ,
             whereby
             all
             jurisdiction
             and
             disposall
             of
             the
             goods
             of
             hospitals
             is
             intirely
             given
             to
             the
             Iudges
             Royall
             :
             who
             are
             commanded
             to
             take
             the
             accounts
             of
             the
             administration
             of
             them
             ,
             to
             proceed
             to
             the
             correction
             and
             reformation
             of
             such
             abuses
             and
             disorders
             as
             are
             committed
             in
             them
             ,
             to
             assigne
             an
             allowance
             to
             their
             tutelar
             governours
             for
             the
             charge
             of
             divine
             Service
             which
             they
             are
             bound
             to
             doe
             ,
             to
             give
             the
             residue
             intirely
             unto
             the
             poore
             ,
             according
             to
             the
             institution
             of
             them
             .
             This
             is
             the
             summe
             of
             King
             Francis
             the
             first
             his
             Edict
             given
             at
             St.
             Germain
             in
             Laye
             the
             15
             of
             Ianuary
             1545
             ,
             published
             at
             the
             Parliament
             of
             Paris
             the
             4
             of
             February
             the
             same
             yeare
             ,
             confirmed
             afterwards
             by
             another
             of
             the
             same
             Prince
             made
             at
             Rochfort
             the
             26
             of
             February
             1546
             ,
             and
             another
             given
             at
             Melune
             the
             20
             of
             Iune
             the
             same
             yeare
             ;
             another
             of
             King
             Henry
             the
             second
             the
             12
             of
             February
             1553.
             of
             Charles
             the
             ninth
             1561.
             of
             the
             Ordinance
             of
             Moulins
             of
             the
             same
             Prince
             ,
             Article
             73.
             
             And
             besides
             all
             these
             by
             the
             Edict
             of
             Blois
             by
             the
             late
             King
             Henry
             ,
             Article
             65.
             
             All
             which
             Edicts
             set
             downe
             other
             formes
             for
             the
             administration
             ,
             preservation
             ,
             and
             distribution
             of
             the
             goods
             of
             the
             said
             hospitals
             .
             Yet
             so
             that
             they
             must
             alwayes
             bee
             imployed
             to
             the
             reliefe
             and
             sustentation
             of
             poore
             people
             ,
             the
             reparation
             of
             buildings
             ,
             and
             such
             necessaries
             .
          
           
           
             
             36
             The
             same
             Councell
             disposeth
             likewise
             of
             infeodated
             tithes
             ,
             (
             that
             is
             such
             as
             have
             by
             just
             title
             beene
             appropriated
             to
             lay
             men
             ,
             so
             as
             now
             they
             ret●●●
             nothing
             of
             spirituall
             )
             giving
             the
             Bishops
             Soveraigne
             power
             to
             apply
             one
             part
             of
             them
             to
             the
             maintenance
             of
             Colledges
             ,
             and
             so
             as
             there
             shall
             bee
             no
             appeale
             from
             them
             .
             Which
             it
             ought
             not
             to
             doe
             ,
             because
             it
             hath
             no
             power
             over
             the
             goods
             and
             lands
             of
             lay
             men
             ,
             no
             nor
             over
             the
             temporals
             of
             Clergy
             men
             in
             the
             Realme
             of
             France
             .
             It
             is
             here
             considerable
             ,
             that
             although
             tithes
             bee
             reckoned
             amongst
             spirituall
             things
             by
             a
             Eugenius
             the
             third
             ,
             yet
             that
             's
             improperly
             spoken
             ,
             and
             they
             are
             not
             so
             truly
             spirituall
             as
             set
             aside
             for
             the
             use
             of
             the
             spirituall
             Ministers
             of
             the
             Church
             ,
             as
             Mr.
             Iohn
             b
             Gerson
             teacheth
             .
          
           
             37
             And
             this
             is
             also
             the
             reason
             that
             by
             the
             Edicts
             of
             our
             Kings
             the
             most
             of
             the
             controversies
             arising
             about
             tithes
             are
             of
             secular
             jurisdiction
             :
             as
             when
             the
             question
             is
             of
             the
             possessorie
             :
             c
             when
             the
             quotitie
             of
             tithes
             is
             controverted
             :
             d
             or
             the
             removeall
             of
             corn
             or
             other
             tithable
             fruits
             of
             the
             earth
             out
             of
             their
             place
             before
             the
             tith
             be
             payed
             ;
             and
             such
             like
             cases
             :
             So
             that
             there
             is
             nothing
             left
             for
             the
             Ecclesiasticall
             jurisdiction
             save
             onely
             the
             question
             of
             right
             ,
             namely
             ,
             Whether
             the
             tith
             be
             due
             .
             Amongst
             other
             Edicts
             to
             this
             purpose
             ,
             there
             is
             one
             of
             e
             Charles
             the
             ninth
             ,
             whose
             words
             are
             remarkable
             .
             
               All
               suits
               concerning
               tithes
               and
               the
               right
               of
               them
               wee
               have
               for
               the
               present
               remitted
               to
               the
               ordinary
               Iudges
               of
               every
               Province
               ,
               to
               whom
               the
               cognizance
               thereof
               shall
               appertaine
               ,
               and
               over
               which
               we
               have
               given
               them
               full
               jurisdiction
               .
            
             And
             another
             of
             the
             same
             Prince
             made
             at
             Paris
             the
             18
             of
             April
             1571
             ,
             in
             the
             16
             Article
             of
             which
             there
             is
             this
             clause
             .
             
               Wee
               grant
               unto
               our
               Court●
               of
               Parliament
               the
               cognizance
               of
               such
               suits
               as
               shall
               arise
               hereabout
               ,
               every
               one
               within
               their
               owne
               circuit
               .
            
          
           
             38
             If
             these
             Ecclesiasticall
             tithes
             are
             of
             secular
             jurisdiction
             ,
             because
             they
             have
             in
             them
             but
             a
             little
             of
             the
             spirituall
             ,
             much
             more
             ought
             they
             to
             be
             so
             which
             are
             appropriated
             .
             So
             it
             is
             reported
             as
             a
             ruled
             case
             in
             law
             ,
             
             
               That
               tithes
               holden
               in
               see
               belong
               to
               the
               jurisdiction
               of
               the
               secular
               Iudge
               ,
               exclusively
               to
               the
               Ecclesiasticall
               .
            
             So
             then
             the
             Ecclesiasticall
             Iudges
             cannot
             intermeddle
             with
             them
             ,
             nor
             determine
             of
             them
             without
             intrenching
             upon
             the
             other
             jurisdiction
             :
             much
             lesse
             can
             the
             Clergy
             dispose
             and
             decree
             concerning
             them
             ,
             whether
             assembled
             in
             Councell
             or
             otherwise
             ,
             to
             the
             prejudice
             and
             damage
             of
             the
             lay
             men
             that
             are
             the
             owners
             and
             possessors
             of
             them
             .
             And
             therefore
             in
             this
             Kingdome
             wee
             ought
             not
             to
             have
             any
             regard
             to
             that
             prohibition
             made
             by
             the
             Councell
             of
             Lateran
             ,
             
             whereby
             lay
             men
             that
             hold
             tithes
             in
             fee
             are
             forbidden
             to
             make
             conveyance
             of
             them
             to
             other
             lay
             men
             ,
             for
             that
             is
             to
             make
             lawes
             about
             particular
             mens
             estates
             ,
             and
             thrust
             the
             sickle
             into
             another
             mans
             harvest
             .
             Now
             the
             attempt
             which
             is
             made
             by
             the
             Councell
             of
             Trent●
             the
             thing
             now
             in
             question
             ,
             is
             farre
             greater
             :
             for
             that
             of
             Lateran
             doth
             onely
             prohibit
             the
             alienation
             of
             them
             to
             lay
             men
             ,
             whereas
             the
             Councell
             of
             Trent
             gives
             Bishops
             power
             to
             deprive
             a
             lay
             man
             of
             his
             goods
             and
             estate
             ;
             of
             a
             thing
             which
             truly
             belongs
             unto
             him
             ,
             and
             which
             hath
             nothing
             spirituall
             in
             it
             :
             to
             wit
             ,
             to
             take
             a
             part
             of
             his
             tithes
             ,
             that
             is
             a
             part
             of
             his
             inheritance
             ,
             from
             him
             ,
             and
             convert
             it
             to
             the
             maintenance
             of
             a
             Schoole
             .
             And
             which
             is
             worse
             there
             must
             bee
             no
             appeale
             made
             from
             that
             order
             and
             decree
             which
             the
             Bishop
             shall
             make
             ,
             what
             abuse
             so
             ever
             the●e
             be
             in
             it
             .
             So
             that
             both
             the
             owners
             and
             possessors
             of
             those
             tithes
             shall
             be
             deprived
             of
             their
             goods
             ,
             and
             the
             Iudges
             of
             their
             jurisdiction
             ,
             and
             that
             to
             the
             prejudice
             of
             those
             ●dicts
             already
             alledged
             .
          
           
             39
             And
             after
             all
             this
             yet
             this
             Councell
             will
             have
             the
             accounts
             of
             Colledges
             so
             erected
             to
             be
             heard
             and
             examined
             yearly
             by
             the
             Bishop
             ,
             with
             the
             two
             deputies
             of
             the
             Chapter
             ,
             and
             the
             other
             two
             of
             the
             Clergy
             .
             Which
             is
             derogatorie
             to
             the
             Edicts
             alleadged
             here
             before
             ,
             whereby
             the
             making
             of
             such
             accounts
             of
             building-money
             ,
             and
             Hospitals
             ,
             is
             laid
             upon
             the
             Kings
             Iudges
             ,
             inasmuch
             as
             there
             shall
             no
             account
             bee
             made
             to
             them
             hereafter
             ,
             of
             that
             part
             of
             the
             revenues
             which
             shall
             bee
             taken
             out
             of
             such
             buildings
             and
             Hospitals
             ,
             to
             bee
             imployed
             
             to
             the
             use
             of
             those
             Colledges
             and
             Seminaries
             ,
             but
             only
             to
             the
             Bishop
             .
             
             Wherein
             there
             is
             a
             very
             great
             accumulation
             of
             grievances
             :
             for
             they
             to
             whom
             it
             formely
             belonged
             to
             make
             those
             accounts
             ,
             ought
             not
             to
             bee
             deprived
             of
             it
             by
             meanes
             of
             such
             application
             of
             the
             revenues
             to
             another
             use
             .
             And
             suppose
             that
             might
             be
             admitted
             ,
             yet
             it
             were
             reasonable
             that
             those
             accounts
             were
             still
             made
             before
             the
             Kings
             Officers
             ;
             at
             least
             that
             the
             Major
             and
             Sherifes
             of
             the
             towne
             where
             such
             houses
             are
             ,
             and
             such
             like
             persons
             were
             called
             :
             considering
             that
             the
             meanes
             of
             Colledges
             and
             Schooles
             is
             no
             more
             spirituall
             than
             that
             of
             buildings
             ,
             Hospitals
             and
             Spittles
             .
             Especially
             considering
             that
             building-money
             ,
             
             after
             the
             buildings
             are
             finished
             ,
             ought
             to
             be
             converted
             to
             the
             reparation
             of
             Churches
             ,
             and
             purchasing
             of
             ornaments
             for
             them
             ,
             and
             other
             works
             of
             charity
             :
             and
             yet
             there
             is
             never
             any
             alteration
             for
             that
             of
             the
             parties
             which
             are
             to
             make
             the
             accounts
             ,
             but
             it
             is
             alwaies
             left
             to
             the
             Officers
             Royall
             ;
             nor
             is
             the
             Clergie
             suffered
             to
             intermeddle
             in
             the
             accounts
             of
             building-money
             ;
             and
             in
             case
             they
             should
             attempt
             ,
             there
             might
             be
             put
             in
             an
             appeal
             as
             from
             abuse
             ;
             as
             it
             was
             judged
             by
             an
             Arrest
             in
             Iune
             1550.
             
             And
             as
             for
             the
             accounts
             of
             Hospitals
             ,
             they
             are
             to
             bee
             made
             also
             before
             the
             Kings
             Officers
             ,
             notwithstanding
             that
             by
             the
             will
             of
             the
             Founder
             ,
             part
             of
             the
             revenues
             of
             those
             Hospitals
             be
             designed
             and
             appointed
             for
             divine
             service
             ,
             according
             to
             an
             Edict
             of
             King
             
               Francis
               ann
            
             .
             1545.
             
             And
             (
             which
             must
             bee
             taken
             notice
             of
             )
             in
             case
             the
             Bishops
             and
             other
             of
             the
             Clergy
             have
             the
             right
             of
             overseeing
             the
             administration
             of
             those
             Hospitals
             ,
             yet
             they
             retain
             unto
             themselves
             the
             hearing
             of
             the
             accounts
             aswell
             as
             Lay
             Patrons
             doe
             .
             Howsoever
             in
             such
             sort
             that
             the
             foure
             ,
             at
             the
             least
             ,
             of
             the
             most
             eminent
             inhabitants
             of
             the
             place
             or
             Parish
             must
             bee
             called
             unto
             them
             ;
             as
             it
             is
             ordered
             by
             the
             sixt
             article
             of
             the
             Ordinance
             of
             Hospitals
             ,
             made
             1561.
             
             From
             which
             the
             tenth
             article
             of
             that
             of
             Melun
             1580
             doth
             no
             way
             derogate
             ,
             which
             must
             be
             expounded
             by
             the
             former
             ,
             in
             that
             where
             it
             is
             said
             ,
             
               That
               the
               Prelats
               and
               Clergy
               shall
               be
               maintained
               in
               their
               right
               which
               they
               have
               of
               looking
               to
               the
               administration
               of
               Hospitals
               and
               Spittles
               ,
               and
               taking
               the
               accounts
               of
               their
               revenues
               :
            
             where
             that
             must
             be
             repeated
             which
             is
             in
             the
             precedent
             Edict
             ,
             (
             
               The
               most
               eminent
               inhabitants
               ,
               &c.
               being
               called
               thereunto
            
             ;
             )
             forasmuch
             as
             this
             latter
             a●mes
             at
             the
             preserving
             and
             confirming
             the
             right
             of
             the
             Clergy
             ,
             not
             at
             the
             excluding
             of
             the
             inhabitants
             of
             the
             place
             or
             Parish
             from
             the
             hearing
             of
             the
             accounts
             .
          
           
             40
             Lastly
             ,
             the
             remedy
             of
             appeal
             is
             not
             admitted
             to
             take
             place
             against
             such
             decrees
             ,
             as
             the
             Bishops
             shall
             make
             for
             the
             repairing
             of
             Cloysters
             and
             Monasteries
             ;
             but
             they
             must
             be
             forthwith
             put
             in
             execution
             without
             all
             appeal
             ;
             yea
             and
             that
             in
             such
             sort
             that
             the
             Secular
             Magistrates
             are
             commanded
             upon
             paine●
             of
             excommunication
             to
             assist
             them
             .
             In
             which
             there
             are
             many
             grievances
             .
             First
             ,
             in
             that
             the
             Iudges
             Royall
             ,
             as
             also
             the
             Bailifs
             and
             Stewards
             are
             deprived
             of
             that
             cognizance
             which
             belongs
             unto
             them
             before
             all
             others
             in
             case
             of
             such
             reparations
             ,
             as
             we
             have
             made
             it
             plaine
             already
             .
             Secondly
             ,
             in
             that
             the
             Parliaments
             are
             deprived
             of
             those
             appeals
             which
             would
             bee
             made
             unto
             them
             from
             the
             inferiour
             Iudges
             .
             Thirdly
             ,
             in
             that
             no
             appeal
             can
             bee
             made
             unto
             them
             as
             from
             abuse
             ,
             from
             the
             sentence
             of
             Bishops
             .
             And
             fourthly
             ,
             in
             that
             the
             Kings
             Officers
             are
             made
             lyable
             to
             excommunication
             ,
             contrary
             to
             that
             priviledge
             which
             hath
             beene
             granted
             unto
             them
             ,
             and
             which
             they
             have
             ever
             enjoyed
             :
             whereof
             wee
             shall
             speake
             in
             another
             place
             .
             Now
             if
             this
             Councel
             take
             place
             ,
             we
             must
             make
             account
             that
             appeals
             as
             from
             abuse
             ,
             are
             utterly
             abolished
             ,
             as
             wee
             have
             said
             already
             :
             which
             is
             a
             thing
             that
             concernes
             France
             not
             a
             litle
             ,
             inasmuch
             a●
             it
             is
             one
             of
             the
             principall
             weapons
             ,
             wherewith
             our
             Predecessours
             have
             fough●
             against
             the
             usurpations
             of
             the
             Popes
             and
             other
             Ecclesiastiques
             .
          
        
         
           
           
             CHAP.
             IV.
             Of
             Exemptions
             .
          
           
             
             1
             ANother
             meanes
             which
             the
             Councell
             useth
             to
             hooke
             in
             to
             the
             Pope
             the
             jurisdiction
             over
             other
             men
             ,
             are
             the
             Exemptions
             granted
             to
             Churches
             ,
             Chapters
             ,
             Corpses
             ,
             Colledges
             ,
             Abbeyes
             ,
             and
             Monasteries
             ,
             to
             the
             prejudice
             of
             their
             lawfull
             Prelates
             and
             Ordinaries
             ,
             the
             Bishops
             and
             Metropolitans
             .
             Our
             Trent
             Fathers
             knew
             wel
             enough
             and
             confessed
             that
             such
             exemptions
             are
             a
             cause
             of
             much
             evill
             :
             for
             say
             they
             ,
             
             
               They
               give
               occasion
               to
               the
               persons
               exempted
               to
               live
               more
               dissolutely
               ,
               and
               more
               at
               their
               libertie
               .
            
             This
             is
             not
             all
             ,
             for
             wee
             must
             adde
             ,
             
               That
               they
               take
               away
               the
               reverence
               and
               obedience
               which
               the
               exempted
               owe
               unto
               their
               Prelates
               and
               Ordinaries
               ;
               and
               make
               them
               thinke
               themselves
               as
               good
               men
               as
               the
               Bishops
               ,
               and
               other
               their
               superiours
               :
            
             
             
               That
               the
               correction
               and
               punishing
               of
               faults
               and
               excesses
               ,
               is
               hereby
               ●indred
               and
               brought
               to
               nothing
               :
               That
               they
               are
               prejudiciall
               to
               the
               whole
               Church
               Catholique
               ,
               inasmuch
               as
               the
               exempted
               cannot
               bee
               judged
               but
               by
               the
               Pope
               ,
               and
               hee
               cannot
               doe
               it
               by
               reason
               of
               his
               remotenesse
               from
               them
               :
               That
               they
               rob
               men
               of
               the
               meanes
               of
               doing
               many
               good
               works
               in
               religion
               :
               That
               they
               are
               the
               cause
               of
               many
               scandals
               :
               That
               those
               to
               whom
               they
               are
               granted
               ,
               abuse
               their
               priviledges
               :
               That
               they
               draw
               after
               them
               the
               ruine
               of
               Monasteries
               ,
               being
               rather
               a
               burthen
               than
               an
               honour
               or
               profit
               to
               them
               .
            
             All
             these
             reasons
             were
             alleadged
             by
             
               William
               Durant
            
             Bishop
             of
             Mende
             in
             Gevauldan
             in
             the
             time
             of
             Clement
             the
             fift
             ,
             to
             perswade
             the
             Generall
             Councell
             of
             Vienna
             to
             abolish
             such
             exemptions
             .
             Let
             us
             heare
             what
             complaints
             have
             been
             made
             against
             them
             at
             severall
             times
             .
          
           
             2
             Saint
             Bernard
             spoke
             very
             freely
             of
             them
             to
             Eugenius
             the
             third
             ,
             in
             those
             books
             which
             hee
             dedicated
             unto
             him
             .
             
             Abbats
             (
             saith
             he
             )
             
               are
               exempted
               from
               the
               jurisdiction
               of
               their
               Bishops
               ,
               Bishops
               from
               their
               Archbishops
               ,
               Archbishops
               from
               their
               Patriarchs
               or
               Primats
               .
               Does
               this
               manner
               of
               dealing
               seeme
               good
               to
               you
               ?
               It
               were
               strange
               if
               it
               could
               bee
               excused
               ,
               or
               if
               there
               were
               any
               need
               of
               it
               .
               In
               so
               doing
               you
               shew
               that
               you
               have
               plenitude
               of
               power
               ,
               but
               perhaps
               not
               of
               justice
               .
            
             He
             speaks
             yet
             more
             of
             it
             ,
             but
             this
             is
             sufficient
             .
          
           
             3
             Cardinall
             
               de
               Alliaco
            
             makes
             a
             complaint
             of
             them
             likewise
             ,
             and
             is
             of
             opinion
             that
             a
             course
             should
             be
             taken
             with
             them
             .
             
             adding
             ,
             
               That
               many
               devout
               zealous
               men
               in
               the
               Church
               have
               a
               long
               time
               complained
               of
               them
               :
               as
            
             Saint
             Bernard
             
               in
               a
               booke
               by
               him
               directed
               to
               Pope
            
             Eugenius
             ,
             
               and
               others
               .
               Iohn
            
             of
             Paris
             ,
             a
             devine
             of
             the
             Order
             of
             Predicants
             urgeth
             the
             same
             Saint
             Bernard
             .
             
             
               It
               is
               also
               to
               bee
               considered
            
             (
             saith
             he
             )
             
               that
               Saint
            
             Bernard
             
               reproves
               the
               Pope
               for
               troubling
               the
               state
               of
               the
               Church
               ,
               by
               exempting
               Abbats
               ,
               and
               others
               subject
               to
               Bishops
               ,
               submitting
               them
               to
               himselfe
               immediatly
               .
            
          
           
             
             4
             The
             same
             Durant
             maintaines
             ,
             
               That
               the
               Pope
               hath
               no
               power
               to
               grant
               such
               exemptions
               ,
               considering
               that
               they
               overthrow
               the
               generall
               order
               of
               the
               Catholique
               Church
               which
               proceeds
               from
               God●
               the
               Apostles●
               the
               holy
               fathers
               ,
               and
               generall
               Councels
               ;
               and
               which
               was
               approved
               and
               confirmed
               by
               Popes
               :
               that
               by
               this
               order
               all
               the
               Monasteries
               ,
               religious
               places
               ,
               Abbats
               ,
               Abbesses
               ,
               Monkes
               ,
               and
               Nunnes
               ,
               and
               all
               other
               religious
               ,
               and
               Ecclesiasticall
               persons
               ,
               are
               immediately
               subject
               to
               the
               
               government
               and
               guidance
               of
               Bishops
               within
               their
               Cities
               and
               Dioceses
               ,
            
             
             
               as
               unto
               their
               superiours●
               the
               Apostles
               successours
               ,
               and
               such
               as
               have
               power
               and
               authority
               over
               them
               .
            
             Which
             maxime
             he
             proves
             by
             a
             great
             number
             of
             authorities
             taken
             out
             of
             ancient
             Fathers
             ,
             Councels
             ,
             and
             the
             Canon
             law
             :
             part
             whereof
             we
             have
             set
             downe
             in
             the
             margent
             :
             From
             whence
             ,
             and
             upon
             divers
             other
             reasons
             ,
             
             he
             concludes
             ,
             that
             the
             Pope
             ought
             not
             for
             the
             future
             to
             grant
             any
             such
             exemptions
             ,
             and
             that
             those
             which
             are
             granted
             already
             ought
             to
             bee
             called
             in
             .
          
           
             5
             Marsilius
             of
             Padua
             makes
             a
             grievous
             complaint
             hereof
             ,
             
             setting
             out
             the
             injustice
             of
             them
             to
             the
             life
             :
             
               The
               Pope
            
             (
             saith
             he
             )
             
               absolveth
               all
               the
               Prelats
               and
               superiour
               orders
               from
               the
               power
               ,
               care
               ,
               and
               correction
               of
               their
               superiours
               :
               as
               Archbishops
               from
               the
               jurisdiction
               of
               their
               Patriarchs
               .
               Bishops
               from
               the
               Archbishops
               ,
               Chapters
               or
               Colledges
               of
               Clergy
               men
               from
               their
               Bishops
               ,
               as
               also
               Abbats
               and
               Priours
               of
               Monks
               ,
               and
               now
               of
               late
               (
               I
               wish
               it
               were
               without
               a
               great
               deal
               of
               mischief
               )
               the
               Religious
               called
               of
               the
               Order
               of
               Povertie
               ;
               putting
               them
               all
               ,
               by
               a
               kind
               of
               subversion
               of
               all
               order
               ,
               under
               his
               immediate
               care
               and
               correction
               ,
               without
               any
               evident
               necessity
               ,
               but
               rather
               upon
               a
               notorious
               greedinesse
               of
               increasing
               suits
               :
               beating
               his
               braines
               to
               make
               the
               fees
               runne
               to
               him
               wards
               ,
               to
               spoile
               the
               Prelates
               ,
               and
               inslave
               them
               unto
               him
               so
               much
               the
               more
               .
               No
               man
               is
               ignorant
               of
               the
               insolence
               which
               proceeds
               from
               hence
               .
               For
               these
               exempted
               persons
               having
               not
               their
               superiours
               at
               hand
               grow
               contumacio●●
               ,
               disobedient
               and
               irreverent
               towards
               those
               to
               whom
               they
               ought
               of
               right
               to
               bee
               subject
               ;
               taking
               from
               hence
               matter
               and
               occasion
               of
               offending
               more
               freely
               both
               against
               them
               and
               others
               .
            
          
           
             6
             
               Nicholas
               de
               Clemangiis
            
             toucheth
             also
             upon
             this
             abuse
             ;
             
             for
             speaking
             of
             Canons
             ,
             he
             saith
             ,
             
               To
               the
               end
               that
               they
               may
               freely
               and
               with
               impunitie
               commit
               all
               kinde
               of
               wickednesse
               which
               a
               soule
               is
               capable
               of
               ;
               they
               are
               exempted
               from
               all
               the
               correction
               and
               discipline
               of
               their
               Prelates
               ,
               by
               paying
               a
               great
               ransome
               .
            
             He
             makes
             a
             particular
             enumeration
             of
             their
             vices
             and
             crimes
             ,
             and
             afterwards
             addes
             ,
             
               Having
               committed
               all
               these
               frauds
               and
               rapines
               ,
               there
               is
               no
               body
               to
               punish
               them
               ,
               for
               the
               poore
               can
               have
               no
               accesse
               to
               the
               Pope
               ,
               who
               is
               the
               sole
               Iudge
               which
               many
               of
               them
               brag
               to
               have
               .
            
          
           
             7
             Mr.
             
               Iohn
               Gerson
            
             in
             a
             certaine
             booke
             of
             his
             where
             hee
             treats
             of
             the
             reformation
             of
             the
             Church
             ,
             
             Consider
             (
             saith
             he
             )
             
               whether
               the
               too
               large
               exemption
               and
               priviledge
               of
               some
               men
               bee
               profitable
               or
               no
               ,
               and
               whether
               the
               avoidance
               of
               the
               correction
               of
               the
               Ordinaries
               granted
               unto
               them
               be
               commodious
               .
            
             The
             Emperour
             had
             also
             given
             his
             Ambassadours
             in
             charge
             to
             require
             at
             the
             Councell
             of
             Trent
             the
             reduction
             of
             Monasteries
             under
             the
             jurisdiction
             of
             the
             Bishops
             of
             the
             Dioceses
             where
             they
             stand
             .
             The
             King
             of
             France
             his
             Ambassadours
             stood
             to
             their
             demand
             ,
             as
             wee
             have
             said
             elsewhere
             .
          
           
             8
             Let
             us
             now
             see
             the
             goodly
             reformation
             herein
             made
             by
             the
             Councel
             :
             For
             that
             piece
             which
             we
             have
             viewed
             already
             ,
             promiseth
             some
             goodnesse
             for
             the
             future
             .
             First
             ,
             there
             is
             no
             forbiddance
             ,
             nor
             prohibition
             of
             such
             exemptions
             ,
             nor
             so
             much
             as
             any
             restrictions
             ,
             or
             limitations
             ,
             
             saving
             onely
             forasmuch
             as
             concernes
             Proto-notaries
             ,
             Acolyths
             ,
             Counts
             Palatines
             ,
             Kings
             Chaplaines
             ,
             and
             other
             such
             like
             dignities
             ,
             which
             challenge
             a
             kind
             of
             exemption
             .
             Which
             (
             saith
             our
             Councell
             )
             ought
             not
             to
             bee
             granted
             ,
             save
             upon
             just
             ,
             important
             ,
             and
             almost
             necessarie
             causes
             .
             As
             for
             other
             exempted
             persons
             ,
             let
             the
             Pope
             make
             as
             many
             as
             hee
             will
             ,
             no
             body
             sayes
             a
             word
             to
             him
             .
             But
             they
             have
             done
             a
             great
             courtesie
             when
             they
             declare
             that
             nothing
             is
             taken
             from
             the
             Ordinaries
             by
             such
             priviledges
             of
             exemption
             ,
             inasmuch
             (
             say
             they
             )
             as
             they
             shall
             alwaies
             have
             the
             
             cognizance
             and
             jurisdiction
             over
             exempted
             person●
             ,
             as
             Delegates
             for
             the
             See
             Apostolique
             .
             
             According
             to
             them
             there
             is
             no
             difference
             betwixt
             having
             a
             proper
             jurisdiction
             and
             of
             a
             mans
             owne
             head
             ,
             and
             having
             it
             by
             commission
             .
          
           
             9
             The
             interest
             of
             our
             France
             concerning
             this
             point
             is
             very
             evident
             in
             two
             things
             :
             first
             ,
             in
             the
             grant
             of
             exemption
             ,
             
               In
               as
               much
               as
               from
               all
               antiquity
               they
               were
               not
               granted
               ,
               save
               onely
               by
               our
               Kings
               and
               Princes
               ,
               or
               by
               the
               Popes
               at
               their
               instance
               ,
               and
               upon
               very
               weighty
               and
               important
               considerations
               .
            
             Next
             ,
             
               For
               as
               much
               as
               no
               Monastery
               ,
               Church
               ,
               Colledge
               ,
               or
               other
               Ecclesiasticall
               body
               can
               be
               exempted
               from
               their
               Ordinary
               ,
               so
               as
               to
               say
               they
               depend
               immediately
               upon
               the
               holy
               See
               ,
               without
               the
               Kings
               leave
               and
               permission
               .
            
             These
             are
             the
             very
             words
             of
             one
             Article
             ,
             
               Of
               the
               liberties
               of
               the
               Gallicane
               Church
               .
            
             They
             derogate
             from
             this
             right
             by
             the
             second
             Chapter
             of
             the
             twentie
             fourth
             Session
             ,
             of
             which
             we
             have
             spoke
             already
             ;
             
             and
             the
             third
             Chapter
             of
             the
             sixt
             Session
             ,
             which
             gives
             Prelates
             power
             to
             visit
             ,
             punish
             ,
             and
             correct
             all
             exempted
             Clerkes
             Secular
             or
             Regular
             so
             journing
             out
             of
             the
             Monasterie
             ,
             
               as
               Delegates
               for
               the
               See
               Apostolique
               .
            
          
           
             10
             And
             to
             shew
             that
             this
             abuse
             of
             the
             Popes
             doth
             still
             remaine
             ,
             wee
             will
             give
             one
             instance
             as
             good
             as
             all
             .
             Every
             man
             knowes
             how
             the
             Iesuites
             encrease
             both
             in
             number
             of
             men
             ,
             and
             Colledges
             ,
             and
             revenues
             .
             It
             is
             a
             wonderfull
             thing
             to
             heare
             what
             relations
             goe
             of
             them
             ,
             yea
             to
             see
             as
             much
             as
             wee
             see
             of
             them
             at
             this
             present
             ;
             that
             a
             little
             poverty
             should
             beget
             so
             much
             riches
             ;
             that
             ten
             men
             in
             such
             a
             short
             time
             should
             have
             bred
             as
             many
             of
             them
             alreadie
             as
             there
             are
             Salvages
             in
             the
             New-found
             Land.
             Now
             all
             these
             are
             exempt
             from
             the
             jurisdiction
             of
             all
             Iudges
             both
             Ecclesiastique
             and
             Secular
             ;
             and
             a
             suit
             cannot
             bee
             commenced
             against
             them
             but
             onely
             before
             the
             Pope
             in
             person
             .
             If
             any
             man
             would
             plead
             with
             them
             ,
             he
             must
             resolve
             to
             goe
             to
             Rome
             .
             For
             hearke
             what
             their
             new
             Buls
             say
             which
             they
             got
             from
             Gregory
             the
             thirteenth
             in
             the
             yeare
             1584.
             
             
               To
               be
               immediately
               subject
               to
               this
               See
               ,
               and
               totally
               exempt
               from
               the
               jurisdiction
               of
               all
               Ordinaries
               and
               Delegates
               ,
               and
               all
               other
               Iudges
               ,
               as
               wee
               also
               by
               virtue
               of
               these
               presents
               exempt
               them
               from
               them
               .
            
             That
             this
             is
             a
             new
             priviledge
             may
             bee
             collected
             from
             the
             Bull
             of
             Iulius
             the
             third
             ,
             
             of
             the
             yeare
             1550
             ,
             where
             after
             hee
             hath
             reckoned
             up
             their
             priviledges
             ,
             he
             addes
             ,
             
               Wee
               ordaine
               and
               declare
               that
               all
               these
               things
               and
               every
               one
               of
               them
               shall
               remaine
               firme
               and
               stable
               for
               ever
               ,
               and
               shall
               bee
               inviolably
               observed
               and
               kept
               :
               and
               that
               they
               shall
               be
               so
               judged
               ,
               expounded
               ,
               and
               decided
               by
               all
               Iudges
               and
               Commissaries
               ,
               by
               what
               authority
               soever
               established
               :
               depriving
               all
               and
               every
               one
               of
               them
               of
               any
               power
               of
               judging
               and
               expounding
               them
               otherwise
               .
            
             So
             that
             others
             beside
             the
             Pope
             may
             be
             their
             Iudges
             ,
             alwaies
             provided
             that
             they
             judge
             according
             to
             the
             Bulls
             which
             are
             granted
             unto
             them
             ,
             and
             observe
             them
             .
          
        
         
           
           
             CHAP.
             V.
             Of
             the
             Letters
             of
             grace
             ,
             or
             Pardons
             for
             criminall
             matters
             .
          
           
             1
             HAving
             put
             the
             Pope
             above
             Councels
             ,
             
             above
             the
             Emperour
             ,
             above
             Princes
             ,
             and
             above
             all
             Clergie
             men
             whatsoever
             :
             having
             given
             him
             the
             jurisdiction
             spirituall
             and
             temporall
             ,
             and
             in
             a
             word
             the
             power
             of
             life
             and
             death
             over
             al
             creatures
             ,
             as
             masters
             had
             anciently
             over
             their
             slaves
             ,
             it
             was
             very
             good
             reason
             to
             leave
             his
             mercie
             to
             the
             liberty
             of
             his
             conscience
             ,
             to
             grant
             life
             to
             such
             as
             he
             shall
             thinke
             good
             .
             Hence
             it
             is
             that
             these
             good
             Fathers
             leave
             it
             to
             his
             discretion
             to
             grant
             Letters
             of
             grace
             and
             pardon
             to
             whom
             hee
             please
             :
             for
             there
             is
             no
             restriction
             .
             They
             give
             order
             indeed
             that
             criminals
             and
             offendors
             shall
             not
             cozen
             his
             Holinesse
             ,
             or
             at
             least
             that
             they
             reape
             no
             profit
             from
             their
             lying
             .
             For
             they
             command
             the
             Bishop
             that
             shall
             take
             the
             cognizance
             of
             them
             ,
             or
             shall
             have
             passed
             the
             sentence
             of
             condemnation
             upon
             them
             ,
             to
             take
             speciall
             knowledge
             of
             the
             subreption
             or
             obreption
             of
             the
             Popes
             letters
             ,
             and
             of
             the
             knaverie
             that
             any
             shall
             use
             towards
             his
             Holinesse
             ,
             for
             feare
             lest
             they
             make
             not
             a
             good
             market
             for
             their
             offences
             ,
             and
             abate
             something
             of
             those
             rights
             which
             the
             Pope
             receives
             of
             them
             for
             the
             pardon
             .
             He
             that
             purposely
             laid
             in
             wait
             for
             a
             man
             is
             more
             deeply
             taxed
             than
             he
             that
             killed
             another
             onely
             by
             chance
             ;
             and
             so
             of
             the
             rest
             .
             This
             is
             the
             meaning
             of
             that
             Decree
             .
             And
             to
             the
             intent
             that
             all
             may
             depend
             upon
             the
             Pope
             ,
             and
             it
             may
             be
             further
             lawfull
             for
             him
             to
             barter
             with
             the
             delinquent
             ●or
             the
             pardon
             of
             his
             offence
             ,
             in
             case
             hee
             will
             give
             a
             more
             reasonable
             price
             for
             it
             ,
             the
             cognizance
             and
             judgement
             of
             this
             false
             information
             is
             given
             unto
             the
             Bishop
             onely
             by
             commission
             from
             the
             Pope
             ;
             to
             whom
             consequently
             it
             will
             be
             ever
             lawfull
             to
             have
             recourse
             by
             way
             of
             Appeale
             or
             otherwise
             .
             Wee
             will
             here
             set
             downe
             the
             Decree
             at
             large
             ,
             that
             the
             truth
             of
             our
             exposition
             may
             be
             better
             knowne
             .
          
           
             2
             
               And
               for
               as
               much
               as
               it
               happens
               now
               and
               then
               that
               upon
               fained
               causes
               ,
            
             
             
               which
               yet
               seeme
               probable
               enough
               ,
               some
               extort
               such
               pardon●
               whereby
               the
               punishments
               inflicted
               upon
               them
               are
               either
               totally
               remitted
               ,
               or
               àbated
               :
               seeing
               it
               is
               intolerable
               that
               a
               lye
               ,
               which
               displeaseth
               God
               so
               much
               ,
               should
               not
               onely
               bee
               unpunished
               it selfe
               ,
               but
               also
               procure
               pardon
               for
               another
               offence
               to
               the
               lyar
               :
               therefore
               it
               determines
               and
               decrees
               as
               followes
               ,
               That
               the
               Bishop
               residing
               upon
               his
               Church
               ,
               may
               by
               himselfe
               ,
               as
               Delegate
               for
               the
               See
               Apos●olique
               ,
               take
               the
               cognizance
               even
               summarily
               ,
               of
               any
               subreption
               or
               obreption
               of
               pardon
               obtained
               by
               false
               petitions
               for
               the
               absolution
               from
               any
               publique
               crime
               or
               offence
               which
               he
               had
               taken
               into
               his
               inquisition
               ,
               or
               remission
               of
               the
               punishment
               whereunto
               the
               delinquent
               was
               by
               him
               condemned●
               and
               the
               said
               pardon
               not
               admit
               ,
               after
               it
               shall
               appeare
               that
               it
               was
               procured
               either
               by
               false
               information
               ,
               or
               concealment
               of
               the
               truth
               .
            
          
           
             3
             Our
             ancient
             Canons
             never
             yet
             spoke
             of
             such
             Graces
             :
             
             they
             talk
             indeed
             of
             pardoning
             of
             sins
             as
             Priests
             ;
             but
             not
             of
             remission
             of
             crimes
             as
             Kings
             &
             Princes
             .
             And
             that
             which
             Innocent
             the
             third
             speaks
             of
             subreption
             o●
             obreption
             of
             the
             Popes
             letters
             ,
             holds
             onely
             in
             civill
             matters
             .
             The
             glosse
             upon
             it
             ,
             which
             expresseth
             divers
             cases
             of
             subreption
             and
             obreption
             assignes
             none
             e●●e
             .
             The
             referen●●
             made
             by
             Gratian
             to
             the
             constitution
             of
             the
             Emperours
             Theodo●●a●
             and
             Val●●tinian
             tends
             to
             another
             purpose
             ;
             as
             namely
             to
             shew
             that
             the
             Pope
             hath
             no
             intention
             
             to
             take
             away
             another
             mans
             right
             by
             his
             dispensations
             .
             
             It
             is
             a
             thing
             never
             heard
             of
             in
             France
             before
             this
             present
             that
             Popes
             should
             intermeddle
             with
             granting
             of
             pardons
             .
             The
             very
             faculties
             of
             the
             Legats
             sent
             heretofore
             into
             this
             kingdome
             make
             not
             any
             mention
             of
             it
             ,
             but
             onely
             of
             the
             remission
             of
             sinnes
             proceeding
             from
             crimes
             .
             And
             though
             there
             should
             bee
             any
             such
             thing
             ,
             yet
             they
             are
             still
             curb'd
             in
             with
             this
             bridle
             ,
             
             
               To
               use
               it
               in
               such
               things
               as
               are
               not
               contrary
               ,
               derogatory
               ,
               nor
               prejudiciall
               to
               the
               rights
               and
               prerogatives
               of
               the
               King
               and
               Kingdome
               ,
               nor
               against
               the
               sacred
               Councels
               ,
               the
               lawes
               of
               the
               Vniversities
               ,
               the
               liberties
               of
               the
               Gallicane
               Church
               ,
               and
               the
               Ordinances
               royall
               .
            
          
           
             
             4
             The
             Clergie
             of
             France
             doe
             not
             hold
             their
             Ecclesiasticall
             jurisdiction
             of
             the
             Pope
             ,
             but
             of
             the
             King
             alone
             ;
             howsoever
             the
             Iesuites
             teach
             the
             contrary
             .
             When
             they
             doe
             not
             use
             it
             as
             they
             ought
             ,
             when
             they
             connive
             at
             the
             punishment
             of
             crimes
             whereof
             they
             have
             the
             cognizance
             ,
             the
             Courts
             of
             Parliament
             may
             interpose
             ,
             by
             meanes
             of
             an
             Appeale
             as
             from
             abuse
             ;
             especi●lly
             considering
             it
             is
             it
             that
             grants
             them
             jurisdiction
             over
             spirituals
             .
             And
             if
             the
             question
             be
             of
             granting
             pardon
             to
             a
             Priest
             or
             other
             Ecclesiastique
             ,
             
             not
             onely
             in
             a
             priviledged
             case
             ,
             but
             also
             upon
             a
             common
             crime
             by
             him
             committed
             ;
             it
             belongs
             to
             the
             King
             onely
             to
             grant
             it
             ,
             not
             to
             the
             Pope
             nor
             the
             Bishop
             .
             And
             so
             it
             hath
             beene
             alwaies
             accustomed
             to
             be
             done
             in
             France
             ,
             as
             our
             Practitioners
             both
             ancient
             and
             modern
             doe
             assure
             us
             .
          
           
             
             5
             We
             goe
             yet
             further
             ,
             which
             is
             ,
             
               that
               the
               Pope
               cannot
               restore
               Clergy
               men
               to
               their
               former
               state
               ,
               so
               as
               to
               free
               them
               from
               the
               infamy
               which
               they
               have
               incurred
               :
               nor
               lay
               men
               ,
               unlesse
               it
               be
               to
               receive
               them
               into
               Orders
               ,
               Offices
               ,
               and
               Ecclesiasticall
               acts
               ,
               and
               not
               otherwise
               .
            
             As
             also
             ,
             
               that
               within
               this
               Realme
               he
               cannot
               pardon
               or
               remit
               the
               honorary
               amends
               adjudged
               by
               a
               lay
               man
               ,
               albeit
               the
               condemnation
               were
               passed
               by
               an
               Ecclesiasticall
               Iudge
               ,
               and
               that
               against
               a
               Clerke
               ,
               as
               making
               such
               honorary
               condemnation
               a
               part
               of
               the
               civill
               satisfaction
               .
            
             These
             are
             two
             entire
             Chapters
             out
             of
             the
             
               Collection
               of
               the
               liberties
               of
               the
               Gallicane
               Church
               .
            
          
        
         
           
             CHAP.
             VI.
             Of
             the
             Popes
             Canons
             and
             Decrees
             .
          
           
             1
             THe
             Emperour
             Sigismond
             made
             a
             very
             remarkable
             demand
             to
             this
             Councell
             ,
             for
             as
             much
             as
             concerns
             the
             Popes
             Constitutions
             and
             Decrees
             .
             
               It
               would
               not
               be
               amisse
            
             (
             saith
             he
             )
             
               that
               the
               multitude
               of
               humane
               Statutes
               and
               Decrees
               were
               lessened
               ,
               and
               many
               superfluous
               ones
               cut
               off
               ,
               and
               that
               the
               Prelates
               would
               conforme
               their
               constitutions
               to
               the
               obligation
               of
               the
               law
               of
               God.
            
             Heare
             now
             the
             justice
             which
             these
             Fathers
             did
             him
             .
             
               The
               holy
               Councell
               hath
               thought
               good
               to
               put
               secular
               Princes
               in
               mind
               of
               their
               duty
               :
            
             
             
               trusting
               that
               they
               will
               not
               suffer
               their
               Officers
               or
               inferiour
               Magistrates
               to
               violate
               the
               immunity
               of
               the
               Church
               and
               Ecclesiasticall
               persons
               :
               but
               that
               they
               together
               with
               the
               Princes
               themselves
               ,
               will
               yeeld
               due
               ob●dience
               to
               the
               sacred
               Constitutions
               of
               Popes
               and
               Councels
               .
               Wherefore
               it
               decrees
               and
               commands
               that
               the
               sacred
               Canons
               ,
               all
               Generall
               Councels
               ,
               together
               with
               other
               Apostolicall
               Ordinances
               made
               in
               favour
               of
               Ecclesiasticall
               persons
               and
               Ecclesiasticall
               liberty
               ,
               and
               against
               
               the
               violators
               thereof
               (
               all
               which
               it
               ●enewes
               by
               this
               present
               Decree
               )
               bee
               precisely
               observed
               by
               all
               men
               .
            
             
          
           
             2
             See
             you
             here
             that
             which
             comprehendeth
             all
             the
             Canons
             ,
             Decretals
             ,
             Clementines
             ,
             Extravagants
             ,
             Bulls
             ,
             Taxes
             ,
             and
             all
             other
             Papall
             Constitutions
             and
             Ordinances
             of
             what
             kinde
             soever
             they
             bee
             ;
             even
             such
             as
             concerne
             temporall
             matters
             ,
             as
             the
             most
             of
             them
             do
             ,
             and
             which
             containe
             some
             notable
             usurpations
             upon
             Kings
             and
             Princes
             ,
             their
             Realmes
             and
             Dominions
             :
             for
             a
             man
             shall
             not
             finde
             so
             much
             as
             one
             of
             them
             which
             is
             not
             in
             favour
             of
             the
             Church
             .
             We
             may
             justly
             say
             that
             here
             is
             a
             brave
             bargaine
             for
             the
             Pope
             ,
             and
             that
             ●e
             could
             not
             hope
             for
             a
             greater
             advantage
             from
             the
             resolutions
             of
             these
             Fathers
             .
          
           
             3
             Wee
             shall
             observe
             in
             the
             first
             place
             ,
             that
             there
             are
             a
             very
             many
             Decretals
             which
             were
             never
             in
             use
             before
             this
             Councell
             ;
             witnesse
             Cardinall
             
               Cusan
               ;
               Wee
               see
            
             (
             saith
             he
             )
             
               an
               infinite
               number
               of
               Apostolicall
               Ordinances
               which
               were
               never
               received
               ,
               not
               even
               then
               when
               they
               were
               made
               .
            
             
             Our
             France
             in
             particular
             hath
             rejected
             an
             infinite
             companie
             of
             them
             ;
             as
             namely
             all
             those
             which
             are
             prejudiciall
             to
             the
             State
             ,
             to
             the
             Edicts
             of
             our
             Soveraigne
             Princes
             ,
             and
             to
             the
             liberties
             of
             our
             Gallicane
             Church
             .
             Wee
             must
             now
             receive
             them
             :
             and
             not
             only
             those
             which
             are
             contained
             in
             Gratians
             Decret
             ,
             the
             Decretals
             of
             Gregory
             the
             ninth
             ,
             Boniface
             the
             eight
             ,
             the
             Clementines
             ,
             and
             Extravagants
             ,
             but
             besides
             all
             those
             that
             are
             contained
             in
             the
             booke
             intitled
             
               Collectio
               diversarum
               Constitutionum
               ,
               &
               literarum
               Romanorum
               Pontificum
            
             :
             in
             another
             ,
             called
             ,
             
               Epistol●
               decretales
               Summorum
               Pontificum
            
             in
             three
             volumes
             :
             in
             another
             ,
             intitled
             ,
             
               Eclogae
               Bullarum
               &
               motuum
               propriorum
            
             :
             in
             that
             which
             is
             called
             
               Summa
               Pontificum
            
             ,
             and
             in
             the
             seventh
             booke
             of
             Decretals
             newly
             composed
             :
             in
             the
             rules
             of
             Chancery
             which
             are
             changed
             and
             rechanged
             a
             thousand
             times
             :
             and
             in
             other
             such
             like
             collections
             which
             containe
             yet
             three
             times
             as
             many
             more
             constitutions
             as
             are
             extant
             in
             the
             Ordinarie
             books
             .
          
           
             4
             To
             this
             demand
             of
             the
             Emperour
             ,
             wee
             must
             joyne
             the
             judgement
             which
             our
             Predecessors
             made
             of
             the
             Decrets
             and
             Decretals
             ;
             to
             the
             end
             that
             the
             justice
             which
             our
             Trent
             Fathers
             used
             in
             this
             regard
             may
             bee
             so
             much
             the
             more
             cleare
             .
             
               Albericus
               de
               Rosate
            
             ,
             one
             of
             the
             best
             of
             our
             Commentatours
             ,
             who
             lived
             about
             three
             hundred
             years
             agoe
             ,
             unfolds
             their
             Cabal
             in
             this
             manner
             ;
             
             
               The
               Presidents
               of
               the
               Court
               of
            
             Rome
             ,
             
               by
               meanes
               of
               their
               cunning
               and
               acute
               prudence
               have
               altered
               their
               Statutes
               and
               Decrees
               according
               to
               the
               varietie
               of
               the
               times
               ;
               sometimes
               exalting
               their
               commands
               ,
               otherwhiles
               abasing
               them
               from
               time
               to
               time
               .
               But
               to
               what
               end
               ,
               save
               onely
               insensibly
               to
               inslave
               and
               bring
               under
               their
               feet
               (
               as
               they
               use
               to
               make
               their
               brag
               openly
               )
               all
               things
               both
               celestiall
               and
               terrestriall
               ,
               spirituall
               and
               temporall
               ?
            
          
           
             5
             Everard
             Bishop
             of
             Saltzburg
             said
             full
             as
             much
             in
             an
             Imperiall
             Diet
             holden
             in
             Germany
             in
             the
             time
             of
             the
             Emperour
             
               Ludovicus
               Bavarus
            
             :
             
             
               The
               Pope
            
             (
             saith
             he
             )
             
               casts
               new
               projects
               in
               his
               breast
               ,
               how
               to
               establish
               an
               Empire
               proper
               to
               himselfe
               .
               Hee
               changeth
               the
               lawes
               ,
               hee
               sets
               up
               his
               owne
               ,
               he
               pollutes
               ,
               he
               reaves
               ,
               hee
               robs
               ,
               hee
               cheats
               ,
               yea
               he
               kils
               .
               Marsilius
               de
               Padua
            
             speaks
             of
             this
             in
             divers
             passages
             of
             his
             
               Defensor
               Pacis
            
             .
             
             In
             the
             sixt
             Chapter
             after
             he
             hath
             quoted
             this
             place
             of
             
               Marke
               ;
               You
               make
               the
               commandement
               of
               God
               of
               no
               effect
               through
               your
               traditions
            
             ;
             hee
             puts
             this
             glosse
             upon
             it
             ;
             
               Thus
               they
               doe
               which
               teach
               humane
               Decretals
               ,
               which
               give
               the
               Bishop
               of
            
             Rome
             
               the
               power
               and
               lordship
               over
               temporal
               things
               ,
               and
               those
               not
               Ecclesiasticall
               only
               ,
               but
               even
               Imperiall
               and
               Royall
               ,
               making
               a
               mock
               of
               the
               commandement
               of
               God.
               
            
          
           
             6
             In
             the
             twentie
             third
             Chapter
             hee
             reckons
             up
             the
             pedigree
             and
             progresse
             of
             Papal
             Decrees
             :
             
             which
             will
             serve
             for
             a
             comment
             upon
             that
             which
             Albericus
             and
             Everard
             have
             delivered
             upon
             this
             subject
             ;
             
               The
               Bishops
               of
               Rome
               (
               saith
               hee
               )
               having
               arrogated
               these
               things
               unto
               themselves
               ,
               and
               relying
               upon
               the
               priviledges
               and
               grants
               of
               Princes
               ,
               have
               consequently
               increased
               this
               title
               ,
               then
               
               especially
               when
               the
               Empire
               was
               vacant
               .
               
               First
               ,
               they
               made
               certaine
               lawes
               about
               the
               Ecclesiasticall
               Order
               ,
               and
               concerning
               Clerks
               ,
               which
               they
               called
               Decrees
               .
               After
               this
               they
               perswaded
               lay
               men
               to
               certaine
               Ordinances
               by
               way
               of
               entreatie
               and
               exhortations
               ,
               as
               fasting
               ,
               and
               abstaining
               from
               certaine
               meats
               at
               certaine
               times
               ,
               to
               obtaine
               the
               suffrage
               and
               mercie
               of
               God
               :
               to
               remove
               certaine
               contagions
               and
               tempests
               of
               the
               aire
               from
               among
               men
               ;
               as
               appeares
               by
               the
               legend
               of
               Saint
               Gregory
               ,
               and
               some
               other
               Saints
               .
               Next
               ,
               perceiving
               that
               the
               Laity
               received
               them
               willingly
               ,
               and
               that
               they
               observed
               them
               by
               reason
               of
               their
               devotion
               ,
               the
               custome
               being
               now
               growne
               ancient
               in
               such
               matters
               ,
               they
               begunne
               to
               alter
               those
               institutions
               which
               ran
               by
               way
               of
               entreatie
               ,
               into
               commands
               ;
               being
               so
               bold
               as
               even
               to
               strike
               the
               transgressours
               of
               them
               with
               the
               terrour
               of
               an
               anathema
               ,
               or
               verball
               excommunication
               ;
               yet
               alwayes
               under
               colour
               of
               devotion
               and
               divine
               service
               :
               and
               this
               without
               licence
               from
               the
               humane
               lawgiver
               .
               The
               desire
               of
               domineering
               encreasing
               yet
               more
               and
               more
               in
               them
               ,
               and
               they
               perceiving
               withall
               that
               devout
               faithfull
               people
               were
               frighted
               at
               such
               words
               ,
               by
               reason
               of
               their
               dulnes
               and
               ignorance
               of
               the
               law
               of
               God
               ,
               which
               perswaded
               them
               they
               were
               bound
               to
               all
               that
               was
               commanded
               th●m
               by
               their
               priests
               ,
               upon
               paine
               of
               eternall
               damnation
               ,
               the
               Bishops
               of
               Rome
               ,
               with
               the
               assembly
               of
               their
               Clergy
               ,
               undertooke
               to
               enact
               certaine
               edicts
               ,
               or
               oligarchicall
               and
               factious
               ordinances
               ,
               concerning
               civill
               affaires
               ,
               whereby
               they
               pronounced
               and
               declared
               themselves
               ,
               together
               with
               all
               those
               that
               receive
               their
               order
               or
               office
               of
               Clerkship
               ,
               yea
               even
               pure
               lay
               men
               ,
               exempt
               from
               all
               publique
               charge
               :
               admitting
               even
               Secular
               married
               men
               to
               that
               office
               ,
               who
               were
               easily
               allured
               thereunto
               ,
               that
               they
               might
               enjoy
               those
               immunities
               from
               publique
               charges
               :
               gaining
               unto
               themselves
               no
               small
               part
               of
               the
               people
               by
               that
               meanes
               ,
               whom
               they
               freed
               from
               the
               power
               of
               Princes
               and
               Magistrates
               :
               labouring
               withall
               to
               draw
               yet
               a
               great
               many
               more
               from
               their
               obedience
               .
               By
               other
               edicts
               they
               denounced
               a
               curse
               or
               anathema
               against
               all
               such
               as
               doe
               any
               personall
               injurie
               ,
               whatsoever
               to
               those
               which
               are
               admitted
               into
               the
               number
               of
               Clerks
               ;
               defameing
               them
               publiquely
               in
               Churches
               by
               excommunications
               ,
               and
               presenting
               them
               neverthelesse
               to
               get
               them
               punished
               by
               the
               punishments
               prescribed
               by
               humane
               lawes
               .
               But
               the
               most
               horrible
               thing
               of
               all
               ,
               and
               which
               is
               most
               exe●rable
               in
               the
               office
               of
               Priests
               ,
               is
               ,
               that
               the
               Bishops
               both
               of
               Rome
               ,
               and
               others
               to
               enhanse
               their
               jurisdiction
               ,
               and
               thereby
               their
               most
               dishonest
               gaine
               ,
               to
               the
               contempt
               of
               God
               and
               the
               open
               prejudice
               of
               Princes
               ,
               doe
               excommunicate
               and
               debarre
               from
               the
               Sacraments
               of
               the
               Church
               as
               well
               Lay
               men
               as
               Clerks
               ,
               which
               neglect
               to
               pay
               certaine
               pecuniarie
               debts
               ,
               or
               indeed
               which
               are
               not
               able
               to
               doe
               it
               ,
               to
               the
               paiment
               whereof
               within
               a
               set
               time
               they
               were
               civilly
               obliged
               .
               And
               not
               being
               yet
               content
               with
               these
               things
               ,
               but
               aiming
               at
               the
               greatnesse
               of
               Secular
               Princes
               ,
               (
               contrary
               to
               the
               commandement
               of
               Christ
               and
               his
               Apostles
               )
               they
               take
               licence
               to
               make
               lawes
               distinct
               from
               those
               which
               concerne
               the
               generalitie
               of
               the
               citizens
               ;
               by
               declaring
               all
               the
               Clergie
               exempt
               from
               them
               ,
               and
               bringing
               in
               a
               civill
               division
               ,
               and
               a
               pluralitie
               of
               Soveraigne
               principalities
               .
               For
               this
               is
               the
               root
               and
               originall
               of
               this
               contagion
               of
               the
               Realme
               of
               Italy
               ,
               from
               whence
               all
               scandals
               grow
               every
               day
               ,
               and
               as
               long
               as
               it
               continues
               ,
               discords
               will
               never
               bee
               at
               an
               end
               .
               For
               the
               Bishop
               of
               Rome
               hath
               enjoyed
               this
               power
               a
               long
               time
               already
               ,
               upon
               which
               hee
               entered
               by
               a
               covert
               prevarication
               by
               litle
               and
               litle
               ;
               and
               the
               boldnesse
               of
               one
               of
               them
               hath
               burst
               out
               so
               farre
               ,
               that
               hee
               hath
               declared
               in
               his
               writings
               ,
               that
               the
               Roman
               Emperour
               is
               bound
               to
               him
               by
               an
               oath
               of
               allegeance
               ,
               as
               subject
               to
               him
               by
               a
               coactive
               jurisdiction
               :
               as
               may
               bee
               gathered
               from
               the
               contemptible
               and
               ridicu●lous
               covert
               pretences
               in
               their
               narrations
               ,
               which
               they
               call
               Decretals
               .
            
             He
             addes
             further
             ,
             
               The
               Bishops
               of
               Rome
               with
               their
               Cardinals
               durst
               not
               call
               these
               factious
               Ordinances
               ,
               lawes
               ;
               but
               they
               have
               Christened
               them
               by
               the
               name
               of
               
               Decretals
               :
               
               howbeit
               they
               meane
               by
               them
               to
               binde
               men
               over
               to
               punishment
               ,
               and
               that
               considering
               the
               state
               of
               the
               present
               age
               ,
               by
               a
               coactive
               power
               ,
               just
               as
               humane
               lawgivers
               .
               Which
               at
               first
               they
               durst
               not
               expresse
               by
               the
               name
               of
               lawes
               ,
               fearing
               the
               opposition
               and
               correction
               of
               the
               lawgiver
               ,
               considering
               that
               therein
               they
               incurred
               the
               crime
               of
               treason
               .
               Afterwards
               they
               called
               these
               their
               Ordinances
               ,
               Canon
               law
               ;
               to
               the
               intent
               that
               under
               colour
               of
               the
               name
               ,
               though
               wickedly
               used
               ,
               they
               might
               bee
               more
               authentique
               ;
               and
               further
               to
               beget
               in
               faithfull
               people
               a
               credit
               and
               reverence
               ,
               and
               obedience
               to
               them
               .
            
             Hee
             speaks
             yet
             more
             of
             them
             in
             the
             twentie
             first
             ,
             and
             twentie
             fift
             Chapters
             of
             his
             second
             part
             ,
             and
             some
             other
             places
             ,
             but
             wee
             will
             content
             our selves
             with
             this
             .
          
           
             7
             
               Gregory
               Haymbourg
               a
               German
            
             Lawyer
             ,
             
             who
             lived
             in
             the
             time
             of
             Pius
             the
             second
             ,
             about
             an
             hundred
             and
             fiftie
             years
             agoe
             ,
             hath
             a
             discourse
             in
             a
             certain
             booke
             of
             his
             ,
             which
             comes
             neare
             to
             this
             of
             
               Marsilius
               ;
               Their
               Decret
            
             (
             saith
             he
             )
             
               was
               publiquely
               composed
               under
            
             Lotharius
             and
             Conrad
             ,
             
               to
               which
               ,
               howbeit
               there
               be
               much
               hay
               and
               straw
               of
               the
               Pope
               ,
               mingled
               with
               the
               authorities
               of
               Saints
               ,
               some
               notwithstanding
               give
               so
               much
               reverence
               ,
               as
               it
               seemes
               the
               Gospel
               were
               contained
               in
               it
               .
               And
               from
               thence
               carnall
               Popes
               have
               arrogated
               to
               themselves
               by
               virtue
               of
               this
               Decree
               (
               as
               an
               authenthentique
               book
               )
               not
               of
               the
               Gospel
               ,
               a
               plenitude
               of
               power
               .
               Afterwards
            
             Innocent
             
               the
               third
               compiled
               the
               Decretals
               ,
               for
               the
               better
               defending
               of
               their
               plenitude
               of
               power
               .
               And
               whatsoever
               they
               could
               wrest
               from
               factious
               and
               schismaticall
               Kings
               and
               Emperours
               ,
               that
               they
               have
               transcribed
               into
               the
               sixth
               book
               of
               the
               Decre●als
               ,
               and
               into
               the
               Clementines
               ,
               as
               rights
               bestowed
               upon
               them
               by
               Christ.
               
            
          
           
             8
             Our
             French
             men
             also
             have
             stoutly
             rejected
             these
             upstart
             Decrets
             ,
             and
             and
             have
             contented
             themselves
             with
             the
             ancient
             ;
             with
             those
             namely
             which
             were
             contained
             in
             an
             ancient
             collection
             ,
             called
             
               Codex
               Canonum
            
             ,
             not
             willing
             to
             admitte
             of
             any
             other
             ,
             old
             or
             new
             :
             the
             one
             as
             being
             supposi●itions
             ,
             the
             other
             as
             too
             presumptuous
             .
             There
             was
             a
             great
             quarrell
             hereabouts
             betwixt
             the
             Bishops
             of
             France
             ,
             and
             Pope
             Nicholas
             the
             first
             ,
             in
             the
             time
             of
             Charles
             the
             Bald
             ;
             inasmuch
             as
             Nicholas
             would
             have
             obtruded
             certaine
             Decrees
             upon
             them
             for
             currant
             money
             which
             hee
             said
             were
             ancient
             :
             which
             the
             other
             refused
             ,
             because
             they
             were
             not
             comprehended
             in
             their
             Code
             .
             Wee
             are
             informed
             of
             this
             controversie
             ,
             by
             one
             of
             the
             Epistles
             of
             the
             same
             Pope
             ,
             writ
             to
             the
             Archbishops
             and
             Bishops
             of
             France
             ,
             where
             hee
             straines
             to
             refute
             their
             opinion
             concerning
             that
             point
             :
             
             Howbeit
             (
             saith
             he
             )
             
               some
               of
               you
               have
               writ
               that
               these
               Decretals
               of
               ancient
               Popes
               cannot
               be
               found
               enrolled
               in
               all
               the
               bodie
               of
               the
               Code
               of
               Canons
               (
               notwithstanding
               that
               they
               use
               them
               without
               distinction
               when
               they
               make
               for
               their
               purpose
               ,
               )
               and
               maintaine
               that
               they
               ought
               not
               to
               be
               received
               now
               so
               to
               impaire
               the
               power
               of
               the
               See
               Apostolique
               ,
               and
               augment
               their
               owne
               priviledges
               .
               If
               they
               say
               then
               that
               the
               Decretall
               Epistles
               of
               the
               ancient
               Popes
               of
            
             Rome
             
               ought
               not
               to
               bee
               admitted
               ,
               because
               they
               are
               not
               inserted
               in
               the
               Code
               of
               Canon
               ;
               neither
               should
               any
               edict
               or
               rescript
               of
               Saint
            
             Gregory
             
               be
               received
               ;
               nor
               of
               any
               other
               either
               before
               or
               after
               him
               ,
               because
               they
               cannot
               bee
               found
               in
               the
               Code
               of
               Canons
               .
            
             All
             this
             was
             inserted
             into
             Gratians
             Decret
             .
             Where
             it
             is
             to
             bee
             observed
             ,
             that
             all
             those
             goodly
             Decretals
             were
             forged
             since
             ,
             which
             goe
             under
             the
             names
             of
             
               Clement
               ,
               Anaclet
               ,
               Evaristus
               ,
               Alexander
               ,
               Telesphor●s
               ,
            
             and
             an
             infinite
             number
             besides
             ,
             which
             all
             men
             of
             judgement
             pronounce
             false
             upon
             the
             bare
             reading
             :
             and
             yet
             notwithstanding
             our
             Councell
             gives
             the
             same
             authoritie
             to
             them
             which
             it
             does
             to
             the
             holy
             Scriptures
             .
          
           
             9
             Now
             one
             of
             the
             maine
             arguments
             of
             this
             forgerie
             is
             ,
             
             that
             in
             this
             Code
             were
             contained
             only
             the
             Decrees
             of
             
               Sylvester
               ,
               Syricius
               ,
               Innocent
               ,
               Zo●imus
               ,
               Celestine
               ,
               Leo
               ,
               Gelasius
               ,
               Hilarie
               ,
               Symmachus
               ,
               Hormisdas
               ,
               Simplicius
               ,
            
             and
             Gregory
             the
             younger
             .
             And
             that
             Pope
             Leo
             the
             fourth
             ,
             one
             of
             Pope
             Nicholas
             his
             
             predecessours
             ,
             writ
             to
             the
             Bishops
             of
             
               Brittaine
               ;
               That
               these
               were
               the
               Canons
               which
               were
               received
               in
               Ecclesiasticall
               judgements
            
             :
             
             meaning
             those
             which
             are
             contained
             in
             this
             Code
             ,
             as
             it
             is
             said
             in
             Gratians
             Decrets
             .
             Which
             Gregory
             the
             thirteenth
             in
             his
             late
             purgation
             expounds
             thus
             ,
             
               He
               meanes
            
             (
             saith
             he
             )
             
               the
               Canons
               and
               rules
               contained
               in
               the
            
             Corpus
             or
             Codex
             Canonum
             ,
             
               which
               the
               Bishops
               of
            
             Rome
             
               were
               wont
               especially
               to
               use
               in
               judgements
               .
            
             And
             this
             very
             Code
             was
             sent
             by
             Pope
             Adrian
             the
             first
             ,
             to
             the
             Emperour
             Charles
             the
             Great
             ;
             as
             is
             gathered
             out
             of
             certaine
             verses
             which
             wee
             read
             at
             the
             beginning
             of
             it
             .
          
           
             10
             The
             Nobilitie
             of
             France
             finding
             themselves
             grieved
             with
             these
             Decrees
             of
             Rome
             ,
             complaine
             very
             bitterly
             of
             them
             about
             the
             yeare
             ●247
             ,
             under
             the
             reigne
             of
             Saint
             Lewes
             ,
             setting
             forth
             a
             certaine
             writing
             thereupon
             ,
             which
             went
             even
             into
             forraine
             Nations
             ,
             and
             was
             inserted
             at
             large
             in
             the
             historie
             of
             England
             :
             See
             here
             a
             piece
             of
             it
             ;
             
             
               They
               doe
               so
               annull
               the
               Secular
               jurisdiction
               by
               their
               lawes
               ,
               that
               the
               children
               of
               servants
               are
               made
               Iudges
               of
               free
               men
               and
               their
               children
               ;
               howbeit
               according
               to
               the
               ancient
               and
               Secular
               lawes
               ,
               they
               ought
               rather
               to
               be
               judged
               by
               us
               :
               and
               they
               should
               not
               derogate
               from
               the
               customes
               of
               their
               predecessours
               ,
               by
               their
               upstart
               constitutions
               ;
               so
               as
               they
               make
               us
               in
               a
               worse
               state
               than
               God
               made
               the
               Gentiles
               ,
               when
               he
               said
               ,
               Give
               unto
            
             Cesar
             
               the
               things
               which
               are
            
             Cesars
             ,
             
               and
               to
               God
               the
               things
               which
               are
               Gods.
               
            
          
           
             11
             In
             the
             time
             of
             Charles
             the
             fift
             ,
             there
             was
             a
             booke
             made
             in
             France
             ,
             called
             ,
             
               The
               Vergers
               dreame
            
             ,
             first
             made
             in
             Latine
             ,
             then
             translated
             into
             French
             by
             his
             command
             .
             In
             the
             seventh
             and
             eighth
             Chapters
             whereof
             the
             Clergy
             man
             and
             the
             Knight
             conferre
             together
             on
             this
             wise
             ;
             
               I
               call
               (
               saith
               the
               Clerk
               )
               and
               account
               the
               Decrees
               and
               Decretals
               of
               the
               holy
               fathers
               of
               Rome
               to
               bee
               good
               law
               ,
               which
               binde
               and
               oblige
               every
               true
               Christian
               ,
               as
               a
               subject
               and
               sonne
               of
               holy
               Church
               our
               mother
               .
            
             To
             whom
             the
             Knight
             replyes
             ,
             
               If
               the
               termes
               of
               Rome
               be
               Decrees
               ,
               or
               Decretals
               ,
               Ordinances
               ,
               or
               Constitutions
               touching
               the
               temporall
               affaires
               of
               Kings
               ,
               Princes
               ,
               or
               other
               Secular
               Lords
               ,
               you
               Clerks
               among
               your selves
               shall
               call
               and
               account
               them
               law
               ,
               if
               you
               please
               .
               But
               the
               truth
               is
               ,
               no
               man
               can
               establish
               nor
               ordaine
               any
               thing
               where
               he
               hath
               no
               power
               nor
               authoritie
               .
               So
               as
               the
               King
               of
               France
               hath
               no
               power
               to
               make
               a
               law
               or
               ordinance
               to
               bind
               and
               tie
               the
               Empire
               :
               so
               neither
               can
               the
               lawes
               of
               the
               Emperour
               binde
               the
               King
               of
               France
               nor
               his
               subjects
               .
            
             And
             a
             little
             after
             ,
             
               I
               hold
               it
               therefore
               a
               frivolous
               thing
               ,
               and
               very
               ridiculous
               ,
               that
               the
               holy
               Father
               should
               make
               any
               Decree
               ,
               Decretal
               ,
               or
               Constitution
               about
               temporall
               matters
               .
            
             And
             yet
             the
             greatest
             part
             of
             them
             were
             made
             about
             things
             of
             that
             nature
             .
          
           
             12
             The
             Cardinal
             of
             Cambray
             in
             his
             book
             of
             the
             reformation
             of
             the
             Church
             ,
             demandeth
             also
             that
             these
             Decretals
             bee
             corrected
             .
             
             
               For
               the
               third
               grievance
            
             (
             saith
             he
             ,
             speaking
             of
             the
             Pope
             )
             
               which
               hee
               imposeth
               upon
               other
               men
               by
               the
               heavie
               multitude
               of
               his
               Statutes
               ,
               and
               Canons
               ,
               and
               Decretals
               ,
               those
               mainly
               which
               seeme
               to
               binde
               over
               to
               grievous
               punishments
               ,
               and
               especially
               to
               mortall
               sins
               ,
               should
               be
               taken
               order
               with
               .
            
          
           
             
             13
             
               Nicholas
               de
               Clemangiis
            
             hath
             spoke
             yet
             more
             freely
             of
             this
             point
             :
             
               So
               many
               new
               rules
               and
               Constitutions
               (
               saith
               he
               )
               set
               out
               by
               every
               Pope
               ,
               the
               observance
               whereof
               is
               enjoyned
               contrary
               to
               the
               ancient
               lawes
               and
               ordinances
               of
               our
               forefathers
               ;
               what
               are
               they
               else
               but
               captious
               snares
               ,
               and
               seeds
               of
               law
               suits
               ,
               very
               fertile
               ,
               of
               which
               those
               wrangling
               practicioners
               of
               the
               Court
               of
               Rome
               doe
               serve
               themselves
               ,
               those
               sophisticall
               curruptours
               of
               law
               ,
               to
               raise
               an
               infinite
               number
               of
               suits
               against
               right
               and
               truth
               ,
               with
               a
               thousand
               arts
               of
               doing
               harme
               ?
            
          
           
             
             14
             Philip
             the
             Faire
             was
             advised
             by
             the
             Princes
             and
             French
             Barons
             ,
             
               Not
               to
               suffer
               the
               Pope
               to
               make
               any
               Ordinances
               about
               things
               belonging
               to
               his
               Kingdome
               ,
               without
               the
               counsell
               of
               him
               and
               his
               ,
               nor
               any
               new
               and
               unwonted
               thing
               to
               be
               brought
               in
               thither
            
             :
             So
             saith
             Mr.
             
               Iohn
               du
               Tullet
            
             in
             his
             advice
             concerning
             the
             liberties
             
             of
             the
             Gallicane
             Church
             .
             
             And
             it
             is
             the
             very
             counsell
             which
             Eudeas
             Duke
             of
             Burgundy
             gave
             him
             ,
             which
             is
             yet
             to
             bee
             seene
             among
             the
             treasurie
             of
             Charters
             .
          
           
             15
             That
             which
             Mr.
             
               Francis
               Duarenus
            
             ,
             one
             of
             our
             most
             learned
             Lawyers
             said
             concerning
             this
             subject
             ,
             in
             the
             Preface
             of
             his
             book
             
               De
               sacris
               Ecclesiae
               ministeriis
            
             ,
             
             printed
             1551
             ,
             might
             have
             moved
             the
             fathers
             of
             this
             Councell
             to
             a
             reformation
             ,
             
               Many
               (
               saith
               hee
               )
               are
               of
               this
               opinion
               ,
               that
               the
               Canon
               law
               is
               nothing
               but
               a
               confused
               and
               disorderly
               masse
               of
               decrees
               and
               constitutions
               set
               out
               by
               some
               halfe-learned
               Popes
               ,
               rather
               for
               their
               owne
               gaine
               than
               for
               any
               commoditie
               that
               redounds
               upon
               the
               Common-wealth
               of
               Christendome
               from
               thence
               ;
               the
               knowledge
               whereof
               seemes
               neither
               commendable
               nor
               necessary
               .
               And
               there
               does
               not
               want
               some
               that
               plainely
               professe
               that
               this
               law
               is
               all
               full
               of
               errours
               ;
               of
               which
               number
               
                 Cynus
                 Pistoriensis
              
               ,
               a
               Lawyer
               of
               great
               repute
               was
               one
               .
            
             And
             having
             spoken
             of
             Gratians
             Decret
             ,
             which
             hee
             saith
             contains
             some
             good
             things
             ,
             and
             some
             errours
             withall●
             
               The
               other
               volumes
            
             (
             saith
             hee
             )
             
               is
               the
               Decretals
               containing
               the
               epistles
               of
               diverse
               Popes
               of
            
             Rome
             ,
             
               called
               Decretals
               .
               In
               which
               volume
               of
               Decretals
               wee
               finde
               many
               things
               which
               degenerate
               much
               from
               that
               ancient
               discipline
               delivered
               in
            
             Gratians
             
               Decret
               ;
               and
               thence
               rose
               that
               common
               proverb
               amongst
               them
               ,
               That
               it
               was
               never
               a
               good
               world
               since
               the
               Decret
               tooke
               wing
               and
               flew
               away
               .
            
             And
             presently
             after
             ,
             
               The
               other
               booke
               is
               Boniface
               the
               eight's
               ;
               which
               ,
               as
               wee
               understand
               was
               never
               received
               in
               France
               ,
               because
               that
               divers
               constitutions
               therein
               contained
               were
               made
               in
               hatred
               and
               despite
               of
               King
               Philip
               the
               Faire
               ,
               and
               devised
               for
               the
               commoditie
               of
               the
               Court
               of
               Rome
               .
            
             He
             addes
             yet
             further
             ,
             
               We
               are
               enforced
               to
               confesse
               ,
               betide
               us
               well
               ,
               betide
               us
               woe
               ,
               that
               the
               manners
               of
               the
               Clergy
               of
               Rome
               are
               so
               degenerate
               by
               litle
               and
               litle
               ,
               that
               the
               later
               constitutions
               of
               Popes
               fall
               short
               of
               the
               former
               :
               and
               it
               seemes
               a
               man
               may
               rightly
               say
               of
               them
               as
               Homer
               writ
               ;
               Very
               few
               children
               are
               like
               their
               fathers
               in
               virtue
               ,
               many
               worse
               ,
               scarse
               any
               to
               bee
               found
               better
               .
               Wherefore
               as
               it
               is
               necessarie
               to
               reduce
               the
               manners
               of
               Clergy
               men
               to
               their
               ancient
               religion
               ;
               so
               it
               would
               be
               expedient
               peradventure
               to
               take
               all
               that
               is
               most
               true
               ,
               most
               pure
               ,
               and
               most
               profitable
               ,
               in
               so
               many
               divers
               Papall
               constitutions
               ,
               and
               reduce
               them
               into
               one
               short
               volume
               .
               And
               wee
               are
               not
               out
               of
               hopes
               that
               this
               may
               one
               day
               bee
               brought
               to
               passe
               :
               even
               during
               the
               life
               of
               Iulius
               the
               third
               of
               present
               being
               ,
               who
               hath
               the
               bruit
               and
               report
               (
               I
               wish
               it
               bee
               not
               vaine
               )
               of
               one
               that
               seriously
               thinkes
               upon
               repairing
               the
               ruines
               of
               the
               Church
               ,
               and
               restoring
               the
               ancient
               Canons
               .
            
             The
             event
             hath
             proved
             that
             this
             bruit
             was
             vaine
             ;
             for
             neither
             Iulius
             nor
             any
             of
             his
             Successours
             ever
             put
             his
             hand
             to
             this
             reformation
             :
             unlesse
             a
             man
             would
             ascribe
             that
             to
             Gregory
             the
             thirteenth
             ,
             who
             hath
             caused
             many
             things
             to
             bee
             altered
             and
             rased
             out
             of
             those
             books
             which
             were
             disadvantageous
             to
             the
             Pope
             ,
             and
             favourable
             to
             France
             ,
             and
             all
             those
             whose
             rights
             are
             usurped
             by
             the
             Pope
             .
          
           
             16
             We
             will
             adde
             for
             conclusion
             that
             which
             Mr.
             
               Philibert
               Bugnon
            
             ,
             
             in
             his
             tract
             Of
             abrogated
             Lawes
             ,
             saith
             upon
             this
             subject
             :
             
               Thus
               the
               Decretals
               were
               brought
               in
               ,
               received
               and
               admitted
               by
               all
               Christendome
               ;
               before
               which
               the
               Court
               of
            
             Rome
             
               never
               received
               those
               bafling
               disputes
               which
               encrease
               from
               day
               to
               day
               .
               Therefore
               Mr.
            
             Francis
             Rabelais
             
               said
               not
               without
               cause
               in
               his
               merry
               Pantagruell
               by
               way
               of
               a
               common
               proverbe
            
             :
             
               
                 Since
                 the
                 Decree
                 away
                 did
                 flie
              
               
                 And
                 souldiers
                 knapsackes
                 wore
                 .
              
               
                 Since
                 Monkes
                 would
                 need
                 on
                 horsebacke
                 ride
                 ,
              
               
                 The
                 world
                 's
                 worse
                 than
                 before
                 .
              
            
          
           
             17
             After
             all
             these
             authorities
             and
             testimonies
             we
             will
             observe
             that
             right
             as
             
             the
             Emperour
             Iustinian
             gave
             the
             force
             of
             a
             law
             to
             the
             Resolutions
             of
             our
             lawyers
             ,
             
             so
             our
             Popes
             now
             adaies
             give
             the
             very
             same
             force
             to
             the
             constitutions
             of
             the
             Emperours
             ,
             which
             are
             thought
             weake
             and
             feeble
             if
             they
             be
             not
             canonized
             in
             their
             Decrees
             ,
             or
             confirmed
             by
             them
             .
             See
             what
             we
             are
             come
             to
             .
             They
             doe
             yet
             more
             :
             for
             like
             that
             Romane
             Emperour
             who
             caused
             the
             heads
             to
             be
             strucke
             off
             of
             the
             statues
             of
             Iupiter
             that
             hee
             might
             substitute
             his
             owne
             in
             the
             place
             ,
             so
             they
             have
             ascribed
             to
             divers
             Popes
             manie
             imperiall
             lawes
             out
             of
             the
             Code
             of
             Theodosius
             ,
             the
             Bookes
             of
             Iustinian
             ,
             and
             the
             very
             Capitularie
             of
             Charles
             the
             Great
             .
             But
             see
             here
             that
             which
             is
             utterly
             intollerable
             ,
             which
             is
             that
             they
             make
             void
             civill
             lawes
             of
             Emperours
             and
             Kings
             by
             their
             Decretals
             ,
             they
             adde
             unto
             them
             ,
             and
             diminish
             them
             ,
             they
             derogate
             from
             ,
             yea
             they
             quite
             abrogate
             them
             .
          
           
             18
             a
             We
             let
             alone
             an
             infinite
             many
             errours
             and
             falsities
             which
             have
             beene
             observed
             by
             divers
             learned
             men
             either
             Devines
             or
             Lawyers
             ,
             which
             neverthelesse
             were
             confirmed
             by
             this
             Councell
             ,
             contenting
             our selves
             with
             producing
             the
             testimonie
             of
             b
             
               Stanislaus
               Hosius
            
             ,
             one
             of
             the
             Presidents
             of
             our
             Councell
             ,
             who
             saith
             that
             Gratian
             relates
             a
             fable
             in
             his
             Decree
             .
             
               We
               doe
               not
               see
            
             (
             saith
             hee
             )
             
               whence
               it
               comes
               to
               passe
               that
            
             Gratian
             
               hath
               set
               out
               this
               fable
               ,
               but
               he
               that
               shall
               read
               his
               workes
               attentively
               will
               finde
               that
               he
               hath
               pumped
               more
               from
               the
               rivers
               and
               other
               compilers
               than
               from
               the
               fountaines
               .
            
             Nor
             will
             wee
             urge
             that
             which
             c
             some
             have
             recorded
             ,
             that
             how
             ever
             the
             Popes
             have
             all
             law
             within
             the
             cabinet
             of
             their
             owne
             bosome
             ,
             neverthelesse
             they
             have
             forgot
             it
             sometimes
             ,
             not
             remembring
             themselves
             of
             some
             other
             Constitutions
             which
             were
             formerly
             made
             .
             Which
             is
             a
             prettie
             modest
             Apologie
             .
             Wee
             shall
             say
             onely
             for
             conclusion
             ,
             that
             the
             authors
             of
             these
             Decrees
             and
             Decretals
             were
             the
             most
             vicious
             and
             ambitious
             Popes
             of
             all
             .
          
           
             19
             Alexander
             the
             third
             ,
             who
             authorized
             Gratians
             Decree
             ,
             and
             gave
             it
             the
             force
             of
             a
             Papall
             law
             ,
             was
             unjustly
             elected
             ,
             accounted
             for
             an
             Anti-Pope
             ,
             and
             declared
             such
             by
             a
             very
             famous
             Councell
             lawfully
             called
             .
             Hee
             excommunicated
             Fredericke
             the
             first
             very
             unjustly
             ,
             and
             carried
             himselfe
             so
             insolently
             towards
             him
             ,
             that
             he
             made
             him
             walke
             bare
             foot
             in
             his
             chamber
             ,
             and
             putting
             his
             foot
             upon
             his
             neck
             spoke
             these
             words
             ,
             
               Super
               Aspidem
               &
               Basiliscum
               ,
               &c.
               
            
             Thou
             shalt
             goe
             upon
             the
             Lion
             and
             the
             Adder
             .
             To
             absolve
             King
             Henry
             the
             second
             of
             England
             from
             that
             ill
             usage
             which
             hee
             had
             showne
             to
             Thomas
             Archbishop
             of
             Canterbury
             ,
             he
             ordained
             that
             Appeales
             should
             bee
             allowed
             to
             issue
             out
             of
             his
             kingdome
             to
             
               Rome
               .
               Gregory
            
             the
             ninth
             ,
             the
             compiler
             of
             the
             Decretals
             ,
             tooke
             upon
             him
             to
             excommunicate
             Fredericke
             the
             second
             very
             unjustly
             :
             promised
             life
             eternall
             to
             such
             as
             would
             make
             warre
             upon
             him
             :
             at
             last
             sold
             him
             his
             peace
             and
             pardon
             for
             an
             inestimable
             summe
             of
             gold
             .
             As
             for
             Boniface
             the
             eight
             ,
             the
             a●thor
             of
             the
             sixt
             booke
             of
             the
             Decretals
             ,
             who
             excommunicated
             Philip
             the
             Faire
             ,
             and
             called
             himselfe
             Lord
             of
             all
             the
             world
             ,
             who
             wore
             both
             the
             swords
             ,
             and
             reigned
             with
             incredible
             insolence
             ,
             he
             is
             so
             well
             knowne
             that
             he
             needs
             not
             my
             commendations
             .
             
             Clement
             the
             fift
             ,
             the
             authour
             of
             those
             Decretals
             that
             beare
             his
             name
             ,
             declares
             that
             the
             Emperour
             takes
             an
             oath
             of
             allegiance
             to
             the
             Pope
             :
             that
             he
             is
             not
             Emperour
             till
             after
             hee
             have
             received
             his
             consecration
             and
             the
             Crowne
             from
             his
             hand
             .
             This
             Pope
             caused
             his
             Clementines
             to
             be
             published
             at
             Montelimar
             ,
             where
             he
             then
             was
             ,
             
             and
             had
             resolved
             to
             intitle
             them
             the
             seventh
             booke
             of
             Decretals
             ,
             but
             he
             dying
             in
             the
             interim
             at
             Rochemaure
             ,
             they
             hung
             in
             suspense
             till
             such
             time
             as
             Iohn
             the
             twentie
             second
             his
             successour
             sent
             them
             over
             the
             Vniversities
             .
             
             This
             is
             that
             Iohn
             that
             excommunicated
             
               Ludovicus
               Bavarus
            
             because
             he
             had
             taken
             upon
             him
             the
             name
             and
             title
             of
             Emperour
             before
             he
             was
             crowned
             by
             him
             :
             who
             being
             sued
             unto
             for
             peace
             and
             amitie
             by
             that
             Emperour
             ,
             would
             not
             hearken
             to
             it
             ,
             till
             he
             should
             first
             devest
             himselfe
             of
             the
             Empire
             and
             come
             to
             him
             in
             the
             qualitie
             of
             a
             private
             man
             :
             whose
             sentence
             was
             pronounced
             a
             nullitie
             by
             the
             States
             of
             Germany
             .
             I
             doe
             not
             speake
             of
             the
             warre●
             
             which
             were
             raised
             by
             their
             ambition
             ,
             to
             the
             great
             destruction
             and
             calamitie
             of
             Christians
             :
             nor
             of
             many
             other
             vices
             that
             abounded
             in
             them
             .
             
             It
             sufficeth
             me
             to
             touch
             upon
             some
             few
             of
             the
             most
             eminent
             of
             them
             .
             See
             here
             our
             goodly
             law-givers
             !
             Let
             us
             from
             henceforth
             in
             stead
             of
             Oracles
             receive
             those
             fumes
             and
             vanities
             which
             they
             present
             us
             with
             in
             their
             bookes
             .
             
          
        
         
           
             CHAP.
             VII
             .
             Of
             the
             censure
             of
             Bookes
             .
          
           
             1
             HAving
             approved
             and
             confirm'd
             the
             Popes
             Decrees
             and
             Decretals
             ,
             it
             was
             necessary
             they
             should
             condemne
             those
             many
             bookes
             that
             are
             in
             the
             world
             which
             teach
             a
             quite
             contrary
             doctrine
             .
             For
             they
             are
             as
             so
             many
             witnesses
             of
             the
             so
             many
             errours
             and
             falsities
             as
             are
             in
             them
             ,
             and
             of
             the
             folly
             of
             those
             which
             approved
             them
             .
             Our
             Fathers
             of
             Trent
             thought
             they
             could
             not
             by
             this
             charge
             upon
             any
             that
             would
             better
             quit
             himselfe
             of
             it
             than
             his
             Holinesse
             himselfe
             ,
             considering
             it
             so
             nearly
             concernes
             his
             copihold
             .
             This
             is
             the
             reason
             they
             decree
             in
             this
             manner
             .
             
             
               The
               holy
               Councell
               in
               the
               second
               Session
               holden
               under
               our
               holy
               Father
            
             Pius
             
               the
               fourth
               ,
               made
               a
               committee
               to
               certaine
               select
               Fathers
               that
               they
               should
               consider
               what
               was
               requisite
               to
               be
               done
               concerning
               divers
               censures
               and
               suspected
               or
               pernicious
               books
               ,
               and
               that
               they
               should
               make
               report
               thereof
               to
               the
               holy
               Councell
               ;
               hearing
               now
               that
               they
               have
               finished
               th●s
               worke
               ,
               and
               seeing
               that
               by
               reason
               of
               the
               multitude
               and
               variety
               of
               bookes
               it
               cannot
               bee
               distinctly
               examined
               by
               the
               holy
               Synod
               ;
               it
               therefore
               commands
               that
               whatsoever
               hath
               beene
               done
               by
               them
               in
               this
               particular
               bee
               presented
               to
               the
               most
               holy
               Pope
               of
            
             Rome
             ,
             
               to
               be
               concluded
               and
               set
               out
               by
               his
               judgement
               and
               authority
               .
            
          
           
             2
             This
             Canon
             must
             be
             rightly
             understood
             with
             all
             its
             ampliations
             ,
             whereof
             the
             first
             is
             ,
             That
             power
             is
             not
             onely
             given
             to
             the
             Pope
             to
             determine
             and
             publish
             what
             had
             beene
             alreadie
             done
             ,
             but
             also
             to
             doe
             the
             like
             for
             ever
             after
             with
             all
             bookes
             wherein
             should
             bee
             found
             any
             thing
             that
             may
             be
             offensive
             to
             him
             .
             The
             words
             of
             the
             Decree
             seeme
             repugnant
             to
             this
             in
             some
             kinde
             ,
             when
             they
             speake
             of
             that
             which
             hath
             beene
             done
             alreadie
             ;
             but
             our
             Doctors
             say
             that
             
               Beneficia
               non
               sunt
               restringenda
            
             .
             Next
             ,
             it
             belongs
             to
             the
             Popes
             to
             put
             expositions
             upon
             the
             Canons
             and
             Decrees
             of
             this
             Councell
             ;
             for
             that
             power
             is
             given
             unto
             them
             in
             expresse
             termes
             ,
             at
             the
             end
             of
             the
             last
             Session
             .
             Now
             the
             Popes
             have
             understood
             it
             so
             ,
             and
             those
             which
             came
             after
             have
             not
             omitted
             to
             doe
             their
             endeavour
             in
             this
             kinde
             ,
             so
             that
             a
             man
             would
             wrong
             them
             to
             accuse
             them
             of
             negligence
             .
             The
             last
             impression
             of
             their
             
               Index
               expurgatorius
            
             set
             forth
             at
             Paris
             by
             
               Laurence
               Sonnius
            
             the
             yeare
             1599
             will
             alwaies
             serve
             them
             for
             a
             just
             defence
             ,
             which
             carries
             this
             inscription
             :
             
               The
               Index
               of
               bookes
               prohibited
               ,
               with
               the
               rules
               made
               by
               the
               Fathers
               select
               by
               the
               Councell
               of
            
             Trent
             ,
             
               first
               published
               by
               the
               authority
               of
            
             Pius
             
               the
               fourth
               ,
               afterwards
               augmented
               by
            
             Sixtus
             
               the
               fift
               ,
               and
               now
               lastly
               revised
               and
               set
               forth
               by
               the
               command
               of
               our
               holy
               Father
            
             Clement
             
               the
               eight
            
             .
             Revised
             (
             that
             no
             scruple
             bee
             left
             )
             signifies
             as
             much
             as
             augmented
             ,
             afterwards
             .
             Which
             is
             necessary
             :
             for
             those
             many
             wicked
             bookes
             must
             be
             excommunicated
             which
             say
             worse
             than
             hang
             'em
             to
             our
             later
             Popes
             ,
             the
             Authors
             of
             our
             warres
             ,
             and
             almost
             to
             all
             the
             rest
             ,
             yea
             (
             which
             is
             more
             grievous
             )
             to
             the
             Popedome
             it
             
             selfe
             which
             they
             have
             laboured
             to
             overthrow
             .
             
             Wherein
             Catholiques
             have
             beene
             as
             busie
             as
             any
             others
             ,
             if
             not
             more
             ;
             to
             the
             great
             scandall
             of
             the
             Church
             .
             The
             second
             ampliation
             is
             ,
             That
             power
             is
             given
             unto
             him
             to
             condemne
             all
             those
             bookes
             as
             hereticall
             which
             were
             made
             in
             defence
             of
             the
             lawes
             ,
             power
             ,
             and
             authoritie
             of
             Emperours
             ,
             Kings
             ,
             and
             Princes
             ;
             and
             that
             so
             farre
             forth
             as
             they
             cannot
             be
             spoken
             of
             but
             as
             vassals
             and
             feudetaries
             to
             Rome
             ,
             and
             to
             bestow
             any
             other
             title
             ,
             qualitie
             ,
             or
             prerogative
             upon
             them
             ,
             is
             to
             speake
             blasphemie
             against
             the
             holy
             Sec.
             
          
           
             3
             For
             this
             reason
             it
             was
             necessarie
             to
             condemne
             the
             Epistles
             of
             the
             Emperour
             Fredericke
             the
             second
             for
             heresie
             ,
             which
             were
             collected
             into
             one
             volume
             by
             
               Peter
               de
               Vinei●
            
             his
             Chancelour
             ,
             which
             containe
             a
             defence
             to
             the
             Imperiall
             Lawes
             against
             the
             Popes
             usurpations
             .
             The
             workes
             of
             
               William
               Occam
            
             a
             Franciscan
             ,
             and
             Marsilius
             of
             Padua
             a
             Devine
             ,
             who
             defend
             the
             same
             rights
             in
             behalfe
             of
             the
             Emperour
             Lewes
             the
             fourth
             .
             The
             booke
             of
             
               Antonius
               de
               Rosellis
            
             of
             the
             power
             and
             authoritie
             of
             the
             Pope
             ,
             made
             upon
             the
             same
             occasion
             in
             behalf
             of
             the
             Emperour
             Fredericke
             the
             third
             ,
             and
             in
             defence
             of
             his
             rights
             ,
             being
             dedicated
             unto
             him
             for
             that
             purpose
             .
             The
             treatise
             of
             Zabarell
             Cardinall
             of
             Florence
             ,
             intituled
             ,
             
               Of
               schismes
               which
               should
               bee
               taken
               away
               by
               the
               Emperours
               authority
               ,
            
             made
             a
             little
             after
             the
             first
             Councell
             of
             Pisa
             ;
             where
             he
             speakes
             of
             the
             Imperiall
             power
             in
             the
             Church
             somewhat
             too
             freely
             ,
             to
             the
             prejudice
             of
             our
             Popes
             .
             The
             Monarchie
             of
             Dante
             's
             ,
             where
             he
             treats
             that
             the
             Emperour
             depends
             not
             upon
             the
             Pope
             ,
             but
             holds
             his
             Empire
             from
             God.
             The
             V●rgers
             dreame
             (
             and
             another
             booke
             intitled
             
               A
               dispute
               betwixt
               the
               Clerke
               and
               the
               Souldier
               ,
            
             which
             is
             an
             abridgement
             of
             the
             former
             )
             containing
             a
             defence
             of
             the
             Lawes
             Royall
             of
             the
             Kings
             of
             France
             against
             the
             Popes
             usurpations
             ,
             dedicated
             unto
             Charles
             the
             fift
             ,
             and
             translated
             into
             French
             by
             his
             command
             .
             
               Peter
               de
               Ferrariis
            
             the
             Practitioner
             ,
             who
             is
             put
             in
             two
             places
             for
             feare
             of
             missing
             him
             ;
             in
             the
             one
             hee
             is
             condemn'd
             outright
             ,
             in
             the
             other
             they
             have
             done
             him
             this
             favour
             to
             spare
             his
             life
             ,
             upon
             condition
             that
             he
             be
             gelded
             ,
             which
             was
             afterwards
             put
             in
             execution
             to
             the
             purpose
             .
             They
             have
             not
             spared
             even
             Pope
             Pius
             the
             second
             himselfe
             ,
             not
             content
             with
             that
             declaration
             which
             he
             set
             forth
             in
             his
             Bull
             ,
             declaring
             all
             that
             to
             be
             hereticall
             which
             he
             had
             written
             against
             the
             Popes
             authoritie
             when
             he
             was
             called
             
               AEneas
               Sylvius
            
             ,
             and
             by
             consequent
             the
             booke
             which
             he
             intitled
             
               De
               origine
               &
               authoritate
               Imperatoris
               Romani
               ,
            
             where
             he
             speakes
             of
             Imperiall
             lawes
             in
             other
             termes
             than
             the
             Popes
             doe
             ,
             to
             the
             prejudice
             of
             their
             Decretals
             .
             Our
             Lawyer
             Baldwin
             ,
             for
             all
             he
             was
             an
             enemie
             to
             the
             Hugenots
             ,
             yet
             could
             not
             escape
             the
             furie
             of
             Rome
             ,
             but
             was
             condemned
             as
             a
             Heretique
             for
             a
             booke
             which
             he
             made
             ,
             
               Of
               the
               Ecclesiasticall
               and
               Civill
               Lawes
               of
               the
               Emperour
            
             Constantine
             .
             And
             because
             he
             gives
             the
             Emperours
             too
             much
             power
             over
             Ecclesiasticall
             discipline
             ;
             whereas
             by
             the
             doctrine
             of
             our
             Popes
             they
             are
             no
             more
             but
             meere
             executioners
             of
             their
             Decrees
             and
             Constitutions
             ,
             having
             no
             power
             to
             intermeddle
             further
             .
          
           
             4
             All
             other
             bookes
             which
             have
             treated
             of
             the
             Imperiall
             or
             Royall
             power
             ,
             whether
             for
             temporall
             matters
             ,
             exempting
             them
             from
             the
             power
             or
             iurisdiction
             of
             Popes
             ,
             or
             for
             spirituall
             and
             ecclesiasticall
             discipline
             ,
             have
             undergone
             the
             like
             condemnation
             ,
             and
             amongst
             others
             that
             which
             beares
             this
             title
             ,
             
               What
               manner
               of
               power
               it
               is
               that
               belongs
               to
               Kings
               .
            
             The
             historie
             of
             
               Francis
               Guicciardine
            
             where
             he
             speakes
             of
             the
             usurpation
             of
             Popes
             ,
             and
             the
             progresse
             of
             them
             .
             The
             lives
             of
             the
             Emperours
             set
             out
             by
             
               Iohn
               Cuspinian
            
             ,
             where
             he
             speakes
             of
             the
             same
             things
             .
             The
             historians
             of
             Germany
             ,
             printed
             by
             Wechelius
             the
             yeare
             1584
             ,
             because
             they
             relate
             in
             their
             histories
             the
             unjust
             proceedings
             of
             the
             Popes
             against
             the
             Emperors
             ,
             and
             afford
             some
             testimonies
             for
             the
             rights
             of
             the
             Empire
             .
             The
             
               Flowers
               of
               Histories
            
             ,
             with
             the
             Author
             of
             them
             
               Matthew
               Westminster
               ,
               an
               English
            
             Monke
             ,
             who
             liv'd
             about
             the
             yeare
             1375
             ,
             because
             he
             hath
             oft
             time
             spoken
             
             his
             opinion
             concerning
             such
             usurpations
             and
             unjust
             dealings
             .
             
             The
             Commentaries
             of
             
               Claudius
               Espenseus
            
             ,
             a
             Sorbon
             doctour
             upon
             the
             Epistle
             to
             Titus
             ,
             because
             he
             speaks
             too
             favourably
             in
             behalfe
             of
             Kings
             ,
             and
             gives
             them
             too
             great
             authoritie
             in
             the
             Church
             ,
             as
             also
             because
             he
             speaks
             a
             litle
             too
             freely
             against
             our
             Councel
             ,
             and
             the
             beastlynesse
             of
             Rome
             .
             That
             great
             worke
             of
             
               Marguarinus
               de
               la
               Bigne
            
             a
             Sorbon
             Doctour
             ,
             intitled
             ,
             
               Bibliotheca
               Sanctorum
               patrum
            
             ,
             because
             the
             Pragmatique
             of
             Saint
             Lewes
             concerning
             the
             rights
             and
             liberties
             of
             the
             Gallican
             Church
             is
             there
             found
             ,
             and
             other
             writings
             and
             tracts
             which
             shewes
             the
             power
             of
             our
             Kings
             ,
             as
             the
             Historie
             of
             Gregorie
             Archbishop
             of
             
               Tours
               ,
               Ado
            
             Archbishop
             of
             
               Vienna
               ,
               Sigebert
            
             Abbat
             of
             Gemelard
             ,
             who
             speaks
             also
             of
             the
             Imperiall
             authoritie
             .
             That
             goodly
             remonstrance
             of
             the
             Court
             of
             Parliament
             of
             Paris
             ,
             exhibited
             to
             King
             Lewes
             ,
             wherein
             is
             represented
             the
             power
             and
             authoritie
             of
             our
             Kings
             in
             the
             Church
             ,
             the
             opposition
             which
             they
             have
             made
             against
             those
             Popes
             which
             would
             have
             invaded
             our
             liberties
             ;
             which
             they
             have
             put
             also
             in
             two
             places
             ,
             that
             so
             an
             iterated
             act
             may
             bee
             of
             more
             force
             ;
             and
             many
             more
             which
             a
             man
             may
             take
             notice
             of
             at
             leasure
             .
          
           
             5
             The
             third
             ampliation
             is
             ,
             That
             they
             have
             power
             to
             abolish
             and
             condemne
             all
             those
             books
             and
             writings
             which
             have
             been
             published
             at
             divers
             times
             in
             defence
             of
             Councels
             ,
             and
             of
             the
             authoritie
             of
             the
             Church
             against
             the
             usurpations
             of
             Popes
             .
             And
             upon
             this
             consideration
             it
             is
             that
             the
             book
             of
             Zabarel
             Cardinall
             of
             Florence
             ,
             concerning
             schisme
             ,
             was
             condemned
             ,
             together
             with
             some
             others
             whereof
             we
             have
             spoken
             already
             .
             The
             counsell
             of
             the
             Abbat
             of
             Panormo
             made
             in
             defence
             of
             the
             Councel
             of
             Basil
             :
             The
             book
             of
             
               AEneas
               Sylvius
            
             ,
             of
             the
             same
             Councel
             of
             Basil
             ;
             which
             troubles
             them
             infinitely
             .
             And
             it
             is
             very
             credible
             the
             author
             would
             never
             have
             thought
             of
             doing
             of
             it
             ,
             if
             hee
             had
             beleeved
             that
             ever
             he
             should
             have
             beene
             Pope
             .
             The
             Acts
             of
             the
             second
             Councell
             of
             Pisa
             ,
             which
             they
             call
             a
             Conventicle
             ,
             which
             tends
             to
             the
             disgrace
             of
             us
             Frenchmen
             ,
             of
             whom
             it
             did
             mainely
             consist
             .
             The
             booke
             of
             Duarenus
             ,
             intitled
             .
             
               De
               sacris
               Ecclesi●
               ministeriis
            
             ;
             because
             hee
             limits
             the
             Popes
             power
             ,
             and
             many
             other
             Authours
             .
          
           
             6
             The
             fourth
             ampliation
             is
             ,
             That
             it
             is
             lawfull
             for
             them
             to
             enroll
             amongst
             these
             the
             writings
             of
             all
             such
             as
             have
             recorded
             the
             vices
             and
             abuses
             of
             the
             Popes
             Court
             of
             Rome
             ,
             to
             demand
             a
             reformation
             thereof
             :
             Or
             who
             have
             spoke
             of
             them
             by
             way
             of
             complaint
             ,
             or
             otherwise
             :
             as
             Theodoric
             of
             Nihem
             ,
             one
             of
             their
             Officers
             ,
             who
             hath
             told
             us
             strange
             stories
             of
             the
             lives
             of
             Popes
             during
             their
             schisme
             .
             Cardinall
             Benno
             ,
             who
             hath
             told
             us
             wonders
             of
             Gregorie
             the
             seventh
             ,
             who
             was
             called
             Hildebrand
             ,
             and
             some
             other
             Popes
             that
             lived
             before
             him
             .
             
               Nicholas
               de
               Clemangiis
            
             a
             devine
             of
             Paris
             ,
             who
             speaks
             very
             freely
             ,
             after
             the
             French
             fashion
             ,
             of
             the
             abuses
             of
             the
             Court
             of
             Rome
             .
             The
             hundred
             grievances
             of
             the
             German
             Nation
             ,
             put
             up
             in
             the
             Dict
             of
             Noremberg
             in
             the
             yeare
             1522
             ,
             by
             the
             Catholique
             Princes
             ,
             and
             other
             States
             there
             assembled
             ,
             to
             be
             presented
             to
             the
             future
             Councel
             ,
             which
             was
             afterwards
             called
             at
             Trent
             :
             (
             See
             what
             justice
             was
             done
             to
             them
             in
             this
             case
             .
             )
             As
             also
             all
             the
             tracts
             put
             together
             in
             a
             book
             ,
             intitled
             ,
             
               Fasciculus
               rerum
               expetendarum
               &
               fugiendarum
            
             ,
             which
             concerne
             especially
             this
             reformation
             ;
             and
             others
             in
             great
             abundance
             .
          
           
             7
             Many
             ampliations
             yet
             more
             might
             bee
             made
             ,
             but
             wee
             will
             content
             our selves
             with
             these
             .
             This
             were
             too
             much
             if
             our
             Popes
             could
             be
             content
             with
             it
             .
             It
             is
             to
             be
             feared
             that
             they
             will
             not
             tho
             ,
             and
             that
             they
             will
             increase
             their
             roll
             from
             yeare
             to
             yeare
             .
             Wee
             shall
             see
             them
             shortly
             take
             upon
             them
             to
             abolish
             the
             lawes
             ,
             edicts
             ,
             constitutions
             and
             ordinances
             ancient
             and
             Moderne
             of
             Emperours
             and
             Kings
             .
             To
             wit
             ,
             all
             those
             that
             speake
             of
             Ecclesiasticall
             discipline
             ;
             of
             the
             authoritie
             of
             Princes
             in
             the
             Church
             ;
             in
             justice
             ;
             in
             election
             ,
             and
             nomination
             to
             Bishopriques
             ;
             of
             their
             rights
             and
             priviledges
             ,
             and
             the
             liberties
             of
             their
             Kingdomes
             and
             Empires
             .
             It
             is
             their
             meaning
             that
             no
             man
             shall
             make
             any
             question
             
             of
             it
             ,
             but
             they
             durst
             not
             as
             yet
             leap
             beyond
             their
             limits
             ,
             for
             feare
             least
             the
             heavinesse
             of
             their
             load
             should
             make
             men
             kick
             .
             They
             come
             to
             it
             by
             degrees
             ,
             as
             they
             have
             alwaies
             done
             .
             And
             to
             make
             their
             designe
             appeare
             as
             cleare
             as
             the
             day
             ,
             we
             need
             but
             represent
             two
             of
             their
             pieces
             ,
             to
             wit
             ,
             the
             Bull
             
               De
               coena
               domini
            
             ,
             
             which
             they
             continually
             renew
             .
             Looke
             the
             sixteenth
             Article
             of
             that
             which
             Gregory
             the
             thirteenth
             sent
             into
             France
             in
             the
             yeare
             1575.
             and
             Gregory
             the
             fourteenth
             during
             our
             last
             troubles
             .
             
             
               We
               excommunicate
               and
               anathematize
               all
               and
               every
               one
               ,
               the
               Magistrates
               ,
               Counsellours
               ,
               Presidents
               ,
               Auditours
               ,
               and
               other
               Iudges
               by
               what
               name
               soever
               they
               bee
               called
               ,
               the
               Chancelours
               ,
               Vicechancelours
               .
               Notaries
               ,
               Registers
               ,
               and
               Executours
               ,
               their
               servants
               and
               others
               which
               have
               any
               thing
               to
               doe
               ,
               in
               what
               sort
               or
               manner
               soever
               ,
               with
               capitall
               or
               criminall
               causes
               against
               Ecclesiasticall
               persons
               ,
               in
               banishing
               or
               arresting
               them
               ,
               passing
               or
               pronouncing
               sentence
               against
               them
               ,
               and
               putting
               them
               in
               execution
               ,
               even
               vnder
               pretence
               of
               any
               priviledges
               granted
               by
               the
               See
               Apostolique
               ,
               upon
               what
               causes
               ,
               and
               in
               whattenor
               and
               forme
               soever
               ,
               to
               Kings
               ,
               Dukes
               ,
               Princes●
               Republiques
               ,
               Monarchies
               ,
               Cities
               ,
               and
               other
               Potentates
               ,
               by
               what
               name
               and
               title
               soever
               they
               be
               called
               ,
               which
               we
               will
               not
               have
               to
               be
               usefull
               for
               them
               in
               any
               thing
               ,
               repealing
               them
               all
               from
               henceforth
               ,
               and
               declaring
               them
               to
               bee
               nullities
               .
            
             See
             here
             all
             the
             Iudges
             Royall
             both
             superiour
             and
             inferiour
             ,
             utterly
             despoyled
             of
             the
             cognizance
             of
             criminall
             causes
             !
          
           
             8
             The
             twelfth
             Article
             speaks
             on
             this
             sort
             ;
             
               Wee
               excommunicate
               all
               and
               every
               the
               Chancelours
               ,
               Vicechancelours
               ,
               Counsellours
               ,
               ordinari●
               and
               extraordinarie
               ,
               of
               all
               Kings
               and
               Princes
               ,
               the
               Presidents
               of
               Chanceries
               ,
               Counsels
               ,
               and
               Parliaments
               ,
               as
               also
               the
               Atturneyes
               generall
               of
               them
               and
               other
               Secular
               Princes
               thogh
               they
               be
               in
               dignitie
               Imperiall
               ,
               Royall
               ,
               Du●all
               ,
               or
               any
               other
               by
               what
               name
               soever
               it
               be
               called
               :
               and
               other
               Iudges
               as
               well
               ordinarie
               as
               by
               delegation
               :
               as
               also
               the
               Archbishops
               ,
               Bishops
               ,
               Abbats
               ,
               Commendatories
               ,
               Vicars
               and
               Officials
               ,
               who
               by
               themselves
               ,
               or
               by
               any
               other
               ,
               under
               pretence
               of
               Exemptions
               ,
               letters
               of
               grace
               ,
               or
               other
               Apostolicall
               letters
               ,
               doe
               summon
               before
               them
               our
               Auditours
               ,
               Commissaries
               ,
               and
               other
               Ecclesiasticall
               Iudges
               ,
               with
               the
               causes
               concerning
               benefices
               ,
               tithes
               and
               other
               spirituall
               matters
               ,
               or
               such
               as
               are
               annexed
               to
               them
               ;
               and
               hinder
               the
               course
               of
               them
               by
               any
               lay
               authoritie
               ,
               and
               interpose
               themselves
               to
               take
               cognizance
               of
               them
               in
               the
               qualitie
               of
               Iudges
               .
            
          
           
             9
             This
             is
             not
             all
             ;
             for
             in
             the
             following
             Article
             hee
             goes
             yet
             further
             ,
             striking
             a
             heavie
             blow
             at
             the
             Ordinances
             of
             our
             Kings
             .
             
               Those
               also
               which
               under
               pretence
               of
               their
               Office
               ,
               or
               at
               the
               instance
               of
               any
               man
               whatsoever
               ,
               draw
               before
               them
               to
               their
               bench
               ,
               Audience
               ,
               Chancerie
               ,
               Counsell
               or
               Parliament
               ,
               Ecclesiasticall
               persons
               ,
               Chapters
               ,
               Covents
               ,
               and
               Colledges
               of
               all
               Churches
               ,
               or
               cause
               them
               to
               bee
               brought
               in
               question
               before
               them
               ,
               or
               procure
               them
               directly
               or
               indirectly
               ,
               under
               what
               colour
               soever
               ,
               beyond
               the
               appointment
               of
               the
               Canon
               law
               .
               Those
               also
               which
               ordaine
               and
               set
               forth
               Statutes
               ,
               Ordinances
               ,
               Constitutions
               ,
               Pragmatiques
               ,
               or
               other
               Decrees
               whatsoever
               ,
               in
               generall
               or
               in
               speciall
               ,
               for
               any
               cause
               or
               colour
               whatsoever
               ,
               even
               under
               pretence
               of
               Apostolicall
               letters
               ,
               not
               now
               in
               practise
               ,
               or
               repe●●ed
               ,
               or
               of
               any
               custome
               ,
               or
               priviledge
               ,
               or
               any
               other
               manner
               whatsoever
               :
               or
               that
               make
               use
               of
               them
               when
               they
               are
               made
               and
               ordained
               ,
               when
               by
               them
               the
               Ecclesiasticall
               libertie
               is
               abolished
               ,
               impaired
               ,
               depressed
               ,
               or
               restrained
               in
               any
               manner
               whatsoever
               ;
               or
               who
               do
               any
               prejudice
               to
               our
               lawes
               ,
               and
               those
               of
               our
               See
               ,
               directly
               or
               indirectly
               ,
               implicitely
               ,
               or
               explicitely
               .
            
          
           
             10
             See
             yet
             another
             which
             followes
             after
             this
             .
             
               Those
               likewise
               which
               doe
               any
               way
               hinder
               the
               Archbishops
               ,
               Bishops
               ,
               and
               other
               Prelats
               superiour
               and
               inferiour
               ,
               and
               all
               other
               ordinarie
               Ecclesiasticall
               Iudges
               ,
               in
               the
               exercise
               of
               their
               Ecclesiasticall
               jurisdiction
               against
               any
               person
               ;
               according
               as
               the
               Canons
               ,
               the
               sacred
               Constitutions
               of
               the
               Church
               ,
               the
               Decretals
               of
               generall
               Councels
               ,
               and
               
               principally
               that
               of
               Trent
               doe
               ordaine
               .
               
            
             There
             is
             further
             in
             the
             same
             Bull
             some
             excommunications
             against
             those
             which
             a
             appeal
             from
             the
             Popes
             sentence
             ,
             to
             Generall
             Councels
             :
             Against
             b
             those
             that
             hinder
             Clergy
             or
             Lay
             men
             from
             going
             to
             plead
             at
             Rome
             ,
             which
             is
             a
             remarkable
             thing
             :
             Against
             Kings
             and
             Princes
             which
             make
             the
             fruits
             of
             Ecclesiasticall
             livings
             bee
             sequestred
             upon
             any
             occasion
             whatsoever
             ,
             which
             concernes
             the
             right
             of
             the
             Crowne
             :
             Against
             those
             which
             impose
             any
             tenths
             ,
             subsidies
             ,
             or
             other
             taxes
             .
          
           
             11
             All
             this
             is
             leveld
             against
             the
             rights
             of
             the
             King
             ,
             and
             the
             liberties
             of
             the
             Gallican
             Church
             .
             I
             aske
             now
             ,
             seeing
             our
             Popes
             take
             upon
             them
             to
             excommunicate
             our
             Kings
             ,
             which
             make
             ordinances
             concerning
             such
             matters
             ,
             their
             Officers
             and
             Magistrates
             ,
             and
             all
             others
             which
             practise
             them
             ,
             whether
             they
             will
             make
             any
             conscience
             of
             putting
             forthwith
             such
             lawes
             and
             ordinances
             into
             their
             
               Index
               expurgatorius
            
             ?
             Let
             a
             man
             goe
             about
             to
             put
             all
             the
             distinctions
             which
             hee
             can
             devise
             to
             save
             our
             liberties
             ,
             upon
             this
             Councell
             ;
             will
             not
             it
             bee
             lawfull
             for
             the
             Pope
             ,
             when
             he
             shall
             please
             to
             derogate
             from
             them
             ,
             to
             come
             in
             with
             a
             
               non
               obstante
            
             ?
             Doth
             not
             hee
             in
             the
             fore-mentioned
             Bull
             repeall
             all
             the
             priviledges
             granted
             by
             the
             See
             Apostolique
             ?
             His
             successours
             shall
             not
             they
             have
             the
             same
             power
             that
             hee
             hath
             ?
          
           
             12
             The
             other
             piece
             which
             wee
             promise●
             ,
             shall
             bee
             taken
             out
             of
             the
             privie
             Counsell
             which
             was
             holden
             at
             Rome
             almost
             at
             the
             same
             time
             ,
             when
             the
             former
             Bull
             was
             sent
             ,
             which
             was
             found
             in
             the
             Advocat
             Davids
             trunk
             ,
             where
             it
             is
             said
             ;
             
               That
               the
               successours
               of
               
                 Hugh
                 Capet
              
               ,
               to
               undoe
               the
               Church
               ,
               brought
               in
               that
               damnable
               errour
               ,
               which
               the
               French
               men
               call
               the
               Liberties
               of
               the
               Gallican
               Church
               ;
               which
               is
               nothing
               else
               but
               a
               refuge
               for
               the
               
                 Waldenses
                 ,
                 Albigenses
              
               ,
               poore
               of
               
                 Lyons
                 ,
                 Lutherans
              
               ,
               and
               Calvinists
               at
               this
               present
               .
            
             And
             in
             another
             Article
             it
             is
             said
             ;
             
               That
               all
               Edicts
               made
               within
               the
               Kingdome
               ,
               of
               what
               standing
               soever
               ,
               if
               they
               bee
               repugnant
               to
               Councels
               ,
               shall
               be
               cassed
               ,
               repealed
               ,
               and
               disanull'd
               .
            
             As
             much
             as
             to
             say
             ,
             al
             the
             Edicts
             concerning
             the
             rights
             of
             our
             Kings
             ,
             the
             good
             of
             the
             Kingdome
             ,
             and
             the
             liberties
             of
             the
             Gallican
             Church
             :
             which
             are
             all
             abolished
             and
             brought
             to
             nothing
             by
             the
             Councel
             of
             Trent
             .
          
        
      
       
         
         
         
           A
           REVIEW
           OF
           THE
           COVNCELL
           OF
           TRENT
           .
           BOOKE
           VII
           .
        
         
           
             CHAP.
             I.
             That
             the
             Councell
             of
             Trent
             tends
             to
             the
             depression
             and
             abasing
             of
             the
             authority
             of
             Christian
             Princes
             .
          
           
             1
             THis
             redoubted
             greatnesse
             ,
             
             to
             which
             the
             Pope
             is
             exalted
             by
             this
             Councell
             ,
             doth
             diminish
             as
             much
             not
             onely
             the
             power
             of
             Councels
             and
             Clergie-men
             ,
             but
             also
             that
             of
             Christian
             Princes
             .
             These
             are
             their
             spoiles
             ,
             their
             Scepters
             ,
             their
             Crownes
             ,
             their
             justice
             ,
             their
             soveraigne
             authoritie
             ,
             their
             honours
             and
             preheminences
             :
             all
             this
             is
             violently
             pull'd
             from
             them
             and
             transferr'd
             upon
             another
             lord
             .
             In
             the
             first
             place
             they
             are
             depriv'd
             outright
             of
             that
             power
             which
             they
             have
             over
             Ecclesiasticall
             things
             and
             persons
             ,
             due
             unto
             them
             both
             by
             divine
             and
             humane
             law
             .
             The
             calling
             of
             Councels
             is
             taken
             from
             them
             ;
             the
             presidence
             in
             them
             ;
             the
             approbation
             and
             authorizing
             of
             the
             determinations
             made
             in
             them
             ;
             the
             nomination
             ,
             election
             ,
             or
             investiture
             to
             the
             Bishopriques
             within
             their
             Empires
             and
             Dominions
             ,
             justice
             civill
             and
             criminall
             upon
             the
             goods
             and
             persons
             ,
             and
             discipline
             Ecclesiasticall
             ,
             and
             many
             other
             such
             like
             things
             .
             It
             tacitely
             approves
             ,
             yea
             in
             many
             things
             expressely
             ,
             the
             unmeasured
             power
             and
             dominion
             which
             the
             Popes
             have
             usurped
             upon
             Kingdomes
             and
             Empires
             ,
             upon
             the
             election
             and
             deposition
             of
             
             Kings
             and
             Princes
             ,
             and
             upon
             all
             that
             belongs
             unto
             their
             state
             .
             
             It
             disanuls
             their
             lawes
             and
             ordinances
             ,
             and
             on
             the
             contrarie
             establisheth
             those
             of
             the
             Popes
             ,
             and
             condemns
             all
             those
             that
             have
             defended
             their
             rights
             .
             All
             this
             is
             handled
             in
             the
             former
             bookes
             ,
             and
             it
             would
             be
             impertinent
             to
             use
             repetitions
             .
             And
             therefore
             we
             send
             the
             reader
             backe
             thither
             .
             We
             will
             here
             adde
             that
             which
             remaines
             to
             be
             spoke
             of
             that
             subject
             .
          
           
             
             2
             They
             are
             further
             grieved
             inasmuch
             as
             the
             Councell
             takes
             upon
             it
             more
             than
             belongs
             unto
             it
             in
             point
             of
             law
             concerning
             temporall
             matters
             ,
             which
             is
             above
             their
             jurisdiction
             ;
             for
             it
             disposeth
             of
             the
             administration
             of
             Hospitals
             and
             their
             revenues
             :
             
             It
             ordaines
             concerning
             the
             making
             up
             of
             their
             accounts
             :
             It
             compels
             the
             people
             to
             allow
             maintenance
             to
             their
             Priests
             :
             
             Gives
             power
             to
             the
             Bishops
             and
             Ecclesiasticall
             Ordinaries
             as
             Delegates
             for
             the
             Pope
             ,
             
             to
             be
             the
             executioners
             ,
             in
             cases
             commanded
             by
             law
             ,
             of
             all
             donations
             to
             pious
             uses
             ,
             as
             well
             by
             last
             will
             and
             testament
             ,
             as
             amongst
             the
             living
             :
             to
             visit
             Hospitals
             ,
             Colledges
             ,
             and
             Schooles●
             to
             take
             the
             accounts
             of
             lay
             men
             for
             matter
             of
             buildings
             ,
             Hospitals
             ,
             alms
             ,
             all
             customs
             and
             priviledges
             whatsoever
             to
             the
             contrarie
             notwithstanding
             :
             To
             examine
             Notaries
             elected
             by
             the
             authoritie
             Royall
             and
             Imperiall
             ,
             
             as
             Delegates
             for
             the
             See
             Apostolique
             ;
             and
             if
             they
             finde
             them
             insu●ficient
             or
             p●ccant
             in
             any
             thing
             concerning
             their
             office
             ,
             to
             suspend
             them
             for
             a
             time
             ,
             or
             deprive
             them
             for
             ever
             .
             
             It
             deprives
             the
             lay
             patron
             of
             his
             right
             of
             patronage
             in
             certaine
             cases
             :
             
             Gives
             the
             entire
             cognizance
             of
             causes
             Matrimoniall
             to
             the
             Church
             :
             Imposeth
             a
             punishment
             upon
             ravishers
             of
             women
             whether
             lay
             men
             or
             Clergy
             ,
             
             declaring
             them
             to
             be
             incapable
             of
             any
             dignitie
             ;
             and
             condemnes
             them
             to
             give
             a
             dowrie
             unto
             those
             that
             they
             have
             ravished
             :
             
             It
             gives
             power
             to
             the
             Ecclesiasticall
             Iudges
             to
             proceed
             rigorously
             against
             lay
             men
             that
             keepe
             concubines
             according
             to
             the
             qualitie
             of
             their
             crime
             ,
             in
             case
             they
             make
             no
             reckoning
             of
             Ecclesiasticall
             censures
             .
             And
             grievously
             to
             punish
             those
             women
             which
             live
             openly
             with
             their
             adulterers
             and
             concubinaries
             ,
             according
             to
             the
             hainousnesse
             of
             their
             crime
             ,
             though
             no
             man
             required
             them
             to
             it
             :
             and
             that
             they
             bee
             corrected
             out
             of
             the
             towne
             or
             diocesse
             of
             Ecclesiasticall
             Ordinaries
             ,
             calling
             in
             to
             their
             assistance
             the
             secular
             arme
             ,
             if
             need
             be
             :
             
             It
             prescribes
             a
             forme
             ,
             and
             that
             a
             very
             new
             one
             ,
             to
             prove
             rights
             of
             patronage
             :
             
             It
             useth
             commands
             to
             the
             secular
             Iudges
             ,
             which
             they
             should
             not
             receive
             but
             from
             their
             Soveraigne
             Princes
             .
          
           
             3
             But
             one
             of
             their
             greatest
             usurpations
             in
             that
             regard
             is
             that
             which
             was
             made
             concerning
             duels
             .
             
             First
             ,
             in
             the
             verie
             prohibition
             of
             them
             ,
             forasmuch
             as
             seeing
             they
             were
             allowed
             by
             humane
             lawes
             ,
             they
             should
             have
             bin
             prohibited
             &
             forbidden
             by
             them
             too
             ;
             that
             so
             Clergie
             men
             intrench
             not
             upon
             lay
             men
             ,
             but
             every
             one
             contain
             himself
             within
             his
             own
             bounds
             .
             Secondly
             ,
             in
             the
             cōfiscation
             of
             Cities
             and
             other
             places
             ,
             belonging
             to
             the
             Emperour
             ,
             Kings
             ,
             Princes
             ,
             or
             any
             other
             persons
             where
             such
             duels
             shall
             bee
             fought
             with
             their
             leave
             .
             Thirdly
             ,
             in
             the
             forfeiture
             of
             all
             the
             goods
             ,
             as
             well
             of
             those
             that
             fight
             ,
             as
             of
             their
             seconds
             .
             To
             make
             it
             appeare
             that
             those
             are
             notorious
             usurpations
             ,
             wee
             will
             set
             downe
             this
             Maxime
             ,
             That
             a
             Councell
             or
             the
             Church
             hath
             no
             coactive
             jurisdiction
             over
             Kings
             and
             Princes
             .
             And
             likewise
             this
             other
             .
             That
             a
             Councell
             hath
             no
             power
             in
             temporall
             matters
             .
             For
             the
             first
             ,
             we
             affirme
             that
             a
             Councell
             hath
             no
             power
             save
             onely
             over
             that
             which
             concernes
             the
             spirituall
             ,
             that
             is
             ,
             
               over
               such
               things
               as
               quicken
               the
               Spirit
               ,
               or
               have
               beene
               given
               by
               the
               Holy
               Ghost
               ;
               as
               namely
               the
               word
               of
               God
               ,
               and
               the
               mystery
               of
               the
               kingdome
               of
               heaven
            
             :
             as
             saith
             the
             glosse
             of
             Saint
             Ambrose
             upon
             that
             place
             of
             the
             Apostle
             to
             the
             Corinthians
             ,
             
             
               If
               we
               have
               sowne
               unto
               you
               spirituall
               things
               ,
               is
               it
               a
               great
               thing
               if
               we
               shall
               reape
               your
               carnall
               things
               ?
            
             The
             reasons
             hereof
             are
             set
             downe
             in
             holy
             Scripture
             :
             
             That
             the
             kingdome
             of
             
               Iesus
               Christ
            
             ,
             whose
             imitators
             the
             Clergie
             men
             are
             ,
             is
             not
             of
             this
             world
             :
             
             That
             he
             conveyed
             himself
             away
             when
             he
             knew
             they
             wold
             have
             made
             him
             king
             :
             That
             when
             he
             was
             desired
             to
             be
             judge
             concerning
             the
             division
             of
             an
             inheritance
             ,
             he
             said
             ,
             
             he
             was
             not
             made
             Iudge
             nor
             dividour
             betwixt
             them
             :
             
             That
             he
             commanded
             to
             give
             to
             Cesar
             the
             things
             which
             are
             Cesars
             :
             That
             himselfe
             would
             pay
             custome
             money
             ,
             and
             cause
             Saint
             Peter
             to
             pay
             it
             likewise
             :
             That
             hee
             submitted
             himselfe
             to
             the
             jurisdiction
             of
             Pilate
             ,
             
             who
             was
             Iudge
             in
             Iudea
             in
             stead
             of
             the
             Emperour
             ,
             and
             declared
             that
             the
             power
             of
             judging
             him
             was
             given
             unto
             him
             from
             above
             :
             That
             he
             said
             to
             his
             Apostles
             ,
             That
             Kings
             exercise
             Lordship
             over
             them
             ,
             and
             they
             that
             exercise
             an
             authoritie
             upon
             them
             are
             called
             Benefactors
             ;
             but
             ye
             shal
             not
             be
             so
             .
             The
             Apostles
             have
             said
             that
             Clergie
             men
             ought
             not
             to
             intermeddle
             with
             the
             affaires
             of
             this
             world
             ;
             have
             commanded
             that
             every
             creature
             without
             exception
             should
             obey
             Princes
             and
             secular
             powers
             ,
             and
             honour
             the
             Magistrate
             as
             ordain'd
             by
             God.
             Saint
             Paul
             appealed
             to
             Cesar
             ,
             
             and
             acknowledged
             him
             for
             his
             Iudge
             .
             Saint
             Ambrose
             expounding
             that
             passage
             of
             the
             Apostle
             to
             Titus
             ,
             
             he
             admonisheth
             them
             to
             bee
             subject
             to
             Princes
             and
             Magistrates
             ;
             that
             is
             (
             saith
             he
             )
             
               Although
               thou
               have
               the
               spirituall
               Empire
               to
               command
               in
               that
               which
               is
               spirituall
               ,
               yet
               notwithstanding
               he
               adviseth
               them
               to
               be
               subject
               to
               Kings
               ,
               Princes
               ,
               heads
               ,
               and
               their
               Magistrates
               ,
               because
               the
               Christian
               religion
               deprives
               no
               man
               of
               his
               right
               .
            
          
           
             4
             Saint
             Austin
             in
             his
             commentarie
             upon
             the
             same
             place
             shewes
             how
             the
             Church
             doth
             not
             attempt
             any
             thing
             upon
             the
             lawes
             of
             secular
             Princes
             :
             
             
               For
               feare
            
             (
             saith
             he
             )
             
               lest
               the
               name
               of
               God
               bee
               blasphemed
               ,
               as
               invading
               that
               which
               belongs
               unto
               another
               ,
               and
               lest
               it
               should
               be
               thought
               that
               the
               doctrine
               of
               Christianity
               ,
               as
               injust
               ,
               did
               preach
               any
               thing
               against
               the
               civill
               lawes
               .
            
             Saint
             Chrysostome
             saith
             ,
             
             
               That
               in
               the
               Church
               we
               should
               betake
               our selves
               to
               well
               doing
               freely
               and
               willingly
               ,
               not
               by
               constraint
               .
               Because
            
             (
             as
             hee
             addes
             )
             
               the
               lawes
               have
               not
               given
               us
               any
               such
               power
               as
               that
               wee
               should
               punish
               mens
               offences
               by
               authority
               ●f
               a
               judiciall
               sentence
               .
            
             Saint
             Bernard
             speaking
             to
             Pope
             Eugenius
             the
             fourth
             ;
             
               Which
               power
               and
               dignity
               seemes
               greater
               to
               you
               ,
               that
               of
               remitting
               sinnes
               ,
               or
               dividing
               inh●●itance
               ?
               low
               and
               terrestriall
               matters
               have
               Kings
               and
               Princes
               of
               the
               earth
               for
               their
               Iudges
               .
               Why
               doe
               you
               incroach
               upon
               another
               mans
               bounds
               ?
            
          
           
             5
             
               Claudius
               Espenseus
            
             a
             Sorbon
             Doctor
             proves
             by
             many
             good
             authorities
             that
             Clergie
             men
             are
             subject
             to
             secular
             Princes
             ,
             and
             owe
             all
             honour
             unto
             them
             as
             to
             their
             Lords
             .
             We
             will
             here
             set
             downe
             a
             piece
             of
             it
             .
             
             
               The
               Apos●le
            
             (
             saith
             he
             )
             
               conforming
               himselfe
               to
               the
               patterne
               and
               answer
               of
               our
               Saviour
               ,
               instructeth
               beleevers
               to
               be
               subject
               to
               the
               powers
               and
               priviledges
               of
               this
               world
               .
            
             Thomas
             Aquinas
             
               hath
               observed
               that
               such
               admonitions
               were
               necessary
               at
               that
               time
               ;
               first
               to
               remove
               the
               errour
               of
               the
            
             Iewes
             ,
             
               who
               beleeved
               that
               they
               ought
               not
               to
               obey
               the
               commandements
               of
               men
               :
               In
               the
               second
               place
               that
               they
               might
               not
               make
               any
               disturbance
               in
               the
               Church
               .
               Which
               some
               troublesome
               fellowes
               not
               observing
               ,
               it
               is
               a
               wonder
               to
               see
               the
               hubbub●
               which
               they
               have
               raised
               on
               both
               sides
               ,
               by
               the
               controversie
               which
               they
               have
               moved
               betwixt
               the
               Kingdome
               and
               the
               Priesthood
               .
               There
               went
               many
               hundred
               yeares
               after
               Saint
            
             Paul
             
               before
               this
               filthy
            
             Camarina
             ;
             Chrysostome
             
               never
               suspecting
               that
               any
               such
               thing
               would
               come
               to
               passe
               ,
               did
               simply
               expound
               those
               words
            
             [
             Every
             soule
             ]
             
               Though
               (
               saith
               he
               )
               thou
               be
               an
               Apostle
               ,
               an
               Evangelist
               ,
               a
               Prophet
               ,
               a
               Priest
               ,
               or
               a
               Monke
               .
               And
               his
               interpretation
               was
               followed
               by
            
             Theodoret
             ,
             Theophylact
             ,
             Oecumenius
             ,
             
               and
               other
            
             Greeke
             Authors
             .
             Gregorie
             
               the
               first
               ,
               ca●●ed
               the
               Great
               ,
               did
               freely
               confesse
               that
               God
               had
               granted
               the
               Emperour
               the
               rule
               not
               onely
               over
               the
               men
               of
               warre
               ,
               but
               also
               over
               Clergy
               men
               .
               And
            
             Bernard
             ,
             
               who
               lived
               a
               long
               time
               after
               them
               ,
               in
               his
               Epistle
               written
               to
            
             Henry
             
               Archbishop
               of
            
             Sens
             ,
             
               makes
               this
               inference
            
             .
             [
             Every
             soule
             ]
             
               and
               yours
               too
               .
               Who
               hath
               excepted
               you
               out
               of
               this
               generality
               ?
               If
               any
               man
               goe
               about
               to
               except
               you
               ,
               he
               goes
               about
               to
               deceive
               you
               .
               Beleeve
               not
               such
               counsels
               ,
               &c.
               
            
          
           
             6
             See
             here
             a
             great
             manie
             testimonies
             all
             together
             which
             might
             happily
             have
             made
             a
             greater
             show
             ,
             if
             every
             mans
             had
             beene
             brought
             in
             by
             it selfe
             :
             But
             my
             purpose
             being
             to
             applie
             all
             this
             to
             the
             present
             maladie
             ,
             I
             thought
             it
             more
             convenient
             
             to
             make
             all
             these
             witnesses
             be
             produced
             by
             a
             partie
             not
             suspected
             ,
             and
             one
             who
             very
             well
             understood
             them
             .
             
             Conclude
             wee
             from
             all
             these
             authorities
             ,
             that
             the
             coactive
             jurisdiction
             and
             temporall
             power
             does
             not
             belong
             to
             Ecclesiastiques
             ,
             but
             rather
             that
             it
             is
             a
             right
             Imperiall
             and
             Royall
             .
             But
             wee
             must
             expound
             this
             last
             point
             a
             little
             more
             plainly
             :
             Princes
             alone
             having
             this
             power
             and
             Secular
             jurisdiction
             ,
             and
             all
             that
             depends
             upon
             it
             ;
             sometimes
             they
             have
             used
             it
             themselves
             ,
             sometimes
             they
             have
             granted
             the
             exercise
             thereof
             to
             their
             Officers
             and
             Magistrates
             ,
             or
             even
             unto
             their
             Clergy
             men
             ;
             yet
             without
             utterly
             devesting
             themselves
             of
             it
             ;
             without
             making
             a
             pure
             cession
             from
             it
             ,
             and
             absolute
             transport
             :
             they
             alwaies
             reserved
             unto
             themselves
             the
             Soveraigntie
             as
             Masters
             and
             Lords
             of
             it
             :
             the
             power
             of
             transferring
             the
             exercise
             of
             that
             jurisdiction
             from
             one
             to
             another
             ,
             either
             in
             part
             or
             in
             whole
             :
             to
             deprive
             whom
             they
             thought
             good
             ,
             without
             doing
             them
             any
             wrong
             :
             to
             augment
             it
             in
             the
             person
             of
             their
             Officers
             ,
             and
             abate
             it
             in
             their
             Ecclesiastiques
             ;
             just
             as
             they
             have
             conferred
             part
             of
             it
             upon
             the
             latter
             to
             the
             prejudice
             of
             the
             former
             .
          
           
             7
             Wee
             have
             elsewhere
             treated
             of
             the
             judgements
             passed
             by
             Emperours
             and
             Princes
             ,
             and
             also
             of
             the
             criminall
             causes
             of
             Ecclesiasticall
             persons
             .
             Here
             wee
             will
             speake
             only
             of
             the
             cognizance
             of
             civill
             causes
             .
             The
             Clergy
             were
             anciently
             under
             the
             jurisdiction
             of
             Secular
             Iudges
             ;
             in
             which
             there
             were
             afterwards
             many
             alterations
             .
             
             The
             Emperours
             Valentinian
             and
             Valens
             ,
             in
             a
             certaine
             constitution
             directed
             to
             one
             of
             their
             Magistrates
             ordaine
             ,
             that
             Clerks
             bee
             assessed
             to
             great
             dammages
             for
             their
             frivolous
             appeals
             .
             
               Valens
               ,
               Gratian
            
             ,
             and
             Valentinian
             give
             the
             jurisdiction
             of
             the
             civil
             causes
             of
             Clerks
             and
             their
             offences
             ,
             
             civilly
             prosecuted
             to
             the
             Synods
             of
             the
             Diocese
             ,
             reserving
             criminall
             causes
             to
             their
             Magistrates
             .
             Theodosius
             and
             Valentinian
             reserve
             Clerks
             to
             the
             audience
             of
             their
             Bishops
             .
             
             Valentinian
             the
             second
             ,
             Theodosius
             the
             younger
             ,
             and
             Arcadius
             declare
             that
             this
             is
             for
             Ecclesiasticall
             causes
             .
             Martian
             will
             have
             the
             Bishops
             to
             be
             judges
             over
             the
             Clerks
             in
             their
             Dioceses
             ;
             and
             of
             their
             civill
             causes
             ,
             if
             the
             plaintiff
             have
             recourse
             unto
             them
             :
             so
             that
             it
             was
             left
             to
             the
             libertie
             of
             him
             that
             entred
             the
             suit
             ,
             whether
             he
             would
             make
             them
             Iudges
             ,
             or
             have
             recourse
             unto
             the
             Magistrate
             ,
             as
             is
             specified
             in
             another
             law
             of
             the
             same
             Emperour
             .
             Leo
             and
             Anthemius
             give
             this
             jurisdiction
             over
             Clerkes
             and
             Monkes
             ,
             to
             the
             Presidents
             of
             the
             Provinces
             within
             their
             circuit
             ,
             and
             to
             the
             
               Praefectus
               Praetorio
            
             at
             Constantinople
             .
             And
             in
             another
             law
             they
             ordaine
             ,
             that
             the
             Bishops
             ,
             Clerks
             ,
             Monks
             ,
             and
             all
             other
             Churchmen
             of
             what
             qualitie
             soever
             ,
             shall
             answer
             before
             the
             Presidents
             of
             the
             Provinces
             ,
             and
             come
             before
             them
             when
             they
             shall
             be
             summon'd
             and
             accused
             .
             Iustinian
             in
             his
             seventie
             ninth
             novell
             Constitution
             ,
             submits
             Monks
             to
             the
             jurisdiction
             of
             Bishops
             :
             
             In
             the
             83
             constitution
             ,
             hee
             decrees
             the
             like
             for
             Clerks
             ,
             as
             well
             for
             matters
             civill
             as
             for
             Ecclesiastical
             crimes
             ,
             reserving
             others
             to
             his
             officers
             .
             And
             furthermore
             in
             ca●e
             the
             Bishops
             cannot
             ,
             or
             will
             not
             take
             the
             cognizance
             of
             them
             ,
             he
             referres
             them
             to
             his
             Magistrates
             .
             
             In
             the
             123
             constitution
             ,
             hee
             prohibits
             the
             conventing
             of
             Bishops
             before
             his
             Magistrates
             in
             cases
             civill
             or
             criminall
             ,
             without
             his
             Imperiall
             command
             .
             In
             other
             places
             the
             Emperours
             proceeding
             ●urther
             ,
             have
             given
             jurisdiction
             to
             Bishops
             ,
             not
             only
             over
             Clerks
             ,
             but
             also
             over
             Lay
             men
             .
             
             Constantine
             the
             Great
             was
             the
             first
             (
             whose
             law
             our
             Popes
             ascribe
             to
             Theodosius
             )
             having
             made
             a
             very
             favourable
             constitution
             in
             behalf
             of
             Bishops
             ,
             whereby
             hee
             gives
             them
             the
             cognizance
             of
             all
             civill
             causes
             betwixt
             Lay
             men
             ,
             upon
             the
             bare
             demand
             of
             one
             of
             the
             parties
             ,
             albeit
             the
             other
             did
             not
             consent
             unto
             it
             .
             In
             such
             sort
             as
             the
             Magistrates
             are
             bound
             to
             desist
             from
             the
             cognizance
             of
             it
             ,
             as
             soone
             as
             one
             of
             the
             parties
             shall
             require
             to
             bee
             dismissed
             and
             sent
             thither
             ,
             whether
             it
             bee
             at
             the
             beginning
             ,
             or
             middle
             ,
             or
             end
             of
             the
             suit
             .
          
           
             
             8
             Arcadius
             and
             Honorius
             derogating
             from
             this
             law
             ,
             will
             have
             it
             to
             be
             by
             the
             joynt
             consent
             of
             both
             parties
             ,
             and
             that
             by
             way
             of
             arbitrement
             .
             The
             same
             
             Emperours
             ,
             together
             with
             Theodosius
             ,
             
             doe
             ordaine
             that
             there
             shall
             bee
             no
             appeal
             from
             this
             Episcopall
             judgement
             ,
             and
             that
             their
             sentence
             shall
             bee
             put
             in
             execution
             by
             the
             Sergeants
             and
             Officers
             of
             the
             Iudges
             .
             This
             is
             the
             law
             which
             Iustinian
             would
             have
             to
             bee
             observed
             ;
             
             I
             say
             those
             two
             last
             constitutions
             ,
             for
             as
             for
             that
             of
             Constantine
             ,
             he
             did
             not
             insert
             it
             in
             his
             books
             ,
             but
             the
             other
             latter
             .
             Which
             Gratian
             hath
             confessed
             in
             his
             Decree
             .
             And
             whereas
             in
             the
             Code
             of
             Theodosius
             ,
             the
             inscription
             of
             the
             title
             runnes
             thus
             ,
             
             
               De
               Episcopali
               judicio
               :
               Iustinian
            
             in
             stead
             of
             it
             hath
             put
             ,
             
               De
               Episcopali
               audientia
            
             ,
             to
             shew
             that
             it
             is
             not
             properly
             any
             jurisdiction
             which
             is
             bestowed
             upon
             them
             ;
             but
             on
             the
             contrary
             ,
             a
             friendly
             and
             arbitrary
             composition
             to
             abridge
             the
             processe
             .
          
           
             9
             After
             this
             time
             the
             Emperour
             Charles
             the
             Great
             ,
             in
             his
             Capitularie
             ,
             renewed
             the
             law
             of
             Constantine
             ,
             
             and
             gave
             the
             same
             jurisdiction
             therein
             contained
             unto
             all
             Bishops
             ,
             repeating
             the
             same
             law
             word
             for
             word
             .
             Which
             the
             Popes
             have
             not
             forgot
             in
             their
             Decree
             ,
             where
             they
             have
             inserted
             the
             Constitution
             of
             Constantine
             ,
             under
             the
             name
             of
             Theodosius
             ,
             and
             that
             of
             Charles
             the
             Great
             ;
             just
             as
             Iustinian
             did
             in
             his
             Books
             ,
             the
             responses
             and
             commentaries
             of
             Lawyers
             ,
             to
             give
             them
             the
             strength
             of
             a
             law
             .
             For
             as
             for
             them
             they
             thinke
             they
             are
             not
             subject
             to
             those
             of
             Christian
             Princes
             .
             But
             they
             have
             gone
             further
             yet
             ,
             for
             by
             a
             most
             disrespectfull
             ingratitude
             ,
             they
             have
             gone
             about
             to
             serve
             themselves
             of
             these
             lawes
             against
             those
             very
             Kings
             and
             Emperours
             which
             made
             them
             ,
             to
             take
             upon
             them
             the
             jurisdiction
             over
             them
             themselves
             .
          
           
             10
             Innocent
             the
             third
             served
             himselfe
             hereof
             against
             
               Philip
               Augustus
            
             King
             of
             France
             ,
             
             hee
             would
             needs
             make
             himselfe
             judge
             betwixt
             this
             Prince
             and
             King
             Iohn
             of
             England
             ,
             by
             virtue
             of
             these
             constitutions
             ,
             whereof
             hee
             makes
             expresse
             mention
             .
             It
             is
             all
             one
             as
             if
             he
             had
             urged
             them
             against
             Charles
             the
             Great
             ,
             considering
             that
             hee
             made
             this
             law
             both
             as
             Emperour
             and
             King
             of
             France
             ,
             for
             hee
             submits
             t●●
             French-men
             to
             it
             in
             expresse
             termes
             .
             These
             lawes
             ,
             whether
             of
             Constantine
             or
             of
             Charles
             the
             Great
             ,
             should
             not
             now
             bee
             urged
             ,
             neither
             against
             the
             Emperours
             nor
             the
             Kings
             of
             France
             ,
             who
             did
             not
             make
             any
             law
             to
             tye
             them
             ;
             not
             against
             other
             Kings
             who
             doe
             not
             admit
             the
             law
             of
             the
             Empire
             ,
             nor
             against
             their
             vassals
             and
             subjects
             .
             First
             ,
             forasmuch
             as
             such
             lawes
             have
             beene
             abrogated
             by
             contrarie
             practice
             ,
             bee
             it
             in
             
               Germany
               ,
               England
               ,
               France
            
             ,
             or
             elsewhere
             .
             Secondly
             ,
             forasmuch
             as
             the
             cause
             of
             them
             ceasing
             ,
             there
             is
             no
             need
             to
             observe
             them
             .
             Now
             the
             cause
             or
             reason
             ,
             which
             is
             fully
             expressed
             in
             those
             two
             lawes
             ,
             is
             this
             ;
             
               That
               the
               authoritie
               of
               sacred
               religion
               ,
               invents
               and
               finds
               out
               many
               meanes
               of
               allaying
               suits
               ,
               which
               the
               ties
               and
               formes
               of
               captious
               pleadings
               will
               not
               admit
               of
               .
               That
               the
               judgements
               of
               Bishops
               are
               true
               and
               uncorrupted
               .
               That
               this
               is
               the
               ch●aking
               of
               those
               malicious
               seeds
               of
               suits
               ;
               to
               the
               intent
               that
               poore
               men
               intangled
               in
               the
               long
               and
               lasting
               snares
               of
               tedious
               actions
               ,
               may
               see
               how
               to
               put
               a
               speedy
               end
               to
               those
               unjust
               demands
               which
               were
               proposed
               to
               them
               .
            
             Now
             wee
             have
             made
             it
             appeare
             in
             the
             second
             booke
             ,
             when
             we
             treated
             of
             the
             reformation
             of
             the
             Head
             ,
             that
             the
             Pope
             ,
             his
             Decretals
             ,
             the
             Court
             of
             Rome
             ,
             and
             other
             Ecclesiasticall
             Courts
             ,
             are
             now
             adayes
             become
             the
             source
             of
             iniquitie
             and
             injustice
             ,
             and
             of
             all
             the
             shiftings
             and
             tricks
             that
             ever
             could
             be
             invented
             in
             matter
             of
             pleading
             ,
             and
             that
             all
             Christendome
             graones
             miserably
             under
             them
             at
             this
             present
             .
             Why
             then
             should
             a
             man
             submit
             himselfe
             to
             their
             judgement
             ?
             this
             were
             for
             escaping
             the
             ashes
             to
             throw
             himselfe
             in
             the
             fire
             .
             
             Duarenus
             speaking
             of
             these
             two
             laws
             ,
             saith
             ,
             
               That
               the
               conditions
               of
               the
               Bishops
               being
               changed
               ,
               both
               these
               constitutions
               grew
               out
               of
               use
               ,
               as
               it
               is
               credible
               .
            
             Thirdly
             ,
             the
             Popes
             have
             rendred
             themselves
             unworthie
             of
             them
             ,
             because
             they
             went
             about
             to
             retort
             th●m
             upon
             their
             authours
             ,
             to
             urge
             them
             against
             those
             which
             are
             exempted
             from
             them
             ;
             because
             they
             wold
             have
             made
             their
             liberality
             redound
             to
             their
             own
             dammage
             ,
             and
             have
             arrogated
             their
             power
             unto
             themselves
             ,
             and
             usurped
             their
             lawes
             .
             Lastly
             ,
             those
             who
             made
             those
             constitutions
             ,
             have
             power
             to
             unmake
             
             them
             ,
             to
             alter
             ,
             or
             abolish
             them
             at
             their
             pleasure
             .
             To
             what
             purpose
             then
             are
             they
             urged
             against
             them
             ?
             There
             needs
             be
             no
             more
             talke
             of
             them
             in
             France
             ,
             for
             they
             have
             now
             beene
             a
             long
             time
             disused
             .
             Wee
             see
             no
             tracts
             of
             them
             in
             our
             Histories
             ,
             nor
             in
             our
             ancient
             records
             .
             And
             besides
             wee
             have
             at
             this
             present
             some
             Ordinances
             cleane
             contrary
             to
             this
             ,
             which
             forbid
             Clergy
             men
             all
             jurisdiction
             over
             lay
             men
             ,
             unlesse
             it
             bee
             in
             spirituall
             cases
             ,
             
             as
             wee
             have
             elsewhere
             expressed
             .
          
        
         
           
             CHAP.
             II.
             That
             a
             Councell
             hath
             no
             power
             in
             temporall
             matters
             .
          
           
             
             1
             FOr
             goods
             and
             other
             temporall
             matters
             ,
             Saint
             Austin
             hath
             passed
             his
             sentence
             ,
             by
             which
             hee
             hath
             submitted
             them
             entirely
             to
             the
             jurisdiction
             of
             Princes
             ,
             although
             they
             be
             in
             the
             possession
             of
             Clergy
             men
             .
             
               By
               what
               law
            
             (
             saith
             he
             )
             
               doe
               you
               except
               the
               goods
               of
               the
               Church
               ?
               by
               divine
               law
               or
               humane
               ?
               The
               divine
               law
               we
               have
               in
               the
               Scriptures
               ,
               and
               the
               humane
               in
               the
               lawes
               Imperiall
               .
               That
               which
               every
               man
               possesseth
               ,
               doth
               he
               not
               possesse
               it
               by
               the
               humane
               law
               ?
               Humane
               lawes
               are
               the
               lawes
               of
               the
               Emperours
               ;
               for
               God
               hath
               dispensed
               humane
               lawes
               amongst
               mankinde
               by
               the
               mediation
               of
               the
               Emperours
               and
               Kings
               of
               this
               world
               .
            
             And
             a
             little
             after
             .
             
               Take
               away
               the
               Imperiall
               law
               ,
               and
               who
               dare
               say
               this
               possession
               is
               mine
               ?
               This
               servant
               is
               mine
               ?
               This
               house
               belongs
               to
               mee
               ?
               If
               the
               Royall
               lawes
               have
               ordained
               that
               these
               things
               should
               bee
               holden
               and
               possessed
               by
               men
               ,
               would
               you
               have
               us
               to
               conceale
               the
               law
               ,
               that
               so
               you
               might
               enjoy
               them
               ?
            
             And
             after
             some
             passages
             .
             
               Let
               those
               lawes
               be
               read
               where
               the
               Emperours
               have
               commanded
               expresly
               ,
               that
               those
               who
               usurpe
               the
               name
               of
               Christians
               ,
               unlesse
               they
               bee
               within
               the
               communion
               of
               the
               Catholique
               Church
               ,
               cannot
               possesse
               any
               thing
               in
               the
               name
               of
               the
               Church
               .
               But
               (
               say
               you
               )
               what
               have
               we
               to
               doe
               with
               the
               Emperour
               ?
               I
               have
               told
               you
               already
               that
               the
               question
               is
               here
               of
               the
               law
               humane
               ,
               and
               the
               Apostle
               himselfe
               would
               have
               all
               men
               to
               bee
               subject
               to
               Kings
               ,
               and
               Kings
               to
               be
               honoured
               .
               And
               hath
               said
               ,
               Have
               Kings
               in
               reverence
               .
               Say
               not
               you
               then
               ,
               What
               communion
               is
               there
               betwixt
               mee
               and
               the
               King
               ?
               otherwise
               it
               will
               be
               said
               unto
               you
               ,
               What
               communion
               is
               there
               betwixt
               you
               and
               your
               possessions
               ?
               They
               are
               enjoyed
               by
               the
               constitutions
               of
               Kings
               .
               You
               say
               ,
               What
               hath
               the
               King
               to
               doe
               with
               me
               ?
               doe
               not
               then
               call
               those
               possessions
               yours
               ,
               for
               as
               much
               as
               you
               have
               renounced
               humane
               lawes
               ,
               by
               virtue
               whereof
               such
               possessions
               are
               enjoyed
            
             This
             pregnant
             place
             is
             inserted
             into
             the
             Decree
             ,
             
             all
             entire
             as
             I
             have
             related
             it
             ;
             so
             as
             now
             it
             is
             a
             Papall
             law
             :
             which
             plainly
             teacheth
             us
             that
             Ecclesiastiques
             have
             no
             jurisdiction
             over
             the
             lands
             and
             possessions
             and
             other
             temporall
             goods
             which
             Churchmen
             are
             seized
             of
             :
             much
             lesse
             have
             they
             any
             over
             those
             which
             are
             in
             lay
             mens
             power
             ;
             over
             which
             notwithstanding
             the
             Councell
             of
             Trent
             hath
             stretched
             their
             authoritie
             .
          
           
             2
             Gregory
             the
             thirteenth
             ,
             it
             seemes
             ,
             would
             have
             voided
             and
             rebated
             the
             force
             of
             this
             Canon
             ,
             by
             that
             Item
             which
             he
             gives
             us
             ,
             that
             the
             word
             Church
             is
             not
             at
             the
             beginning
             of
             the
             passage
             ,
             because
             Saint
             Austine
             speakes
             there
             of
             heretiques
             ,
             namely
             to
             the
             Donatists
             .
             Which
             is
             very
             true
             .
             But
             if
             he
             will
             inferre
             from
             thence
             ,
             that
             Saint
             Austine
             would
             not
             have
             said
             as
             much
             of
             the
             goods
             of
             the
             Church
             ,
             wee
             will
             deny
             his
             argument
             .
             These
             goods
             whereof
             hee
             speakes
             
             were
             the
             possessions
             of
             the
             Church
             ,
             before
             the
             Donatists
             fell
             into
             their
             opinions
             .
             
             They
             were
             deprived
             of
             them
             by
             the
             Emperours
             because
             of
             their
             heresie
             .
             They
             were
             bestowed
             upon
             the
             Orthodox
             ,
             as
             Gregory
             saith
             in
             the
             same
             place
             .
             See
             how
             the
             Prince
             and
             not
             the
             Church
             doth
             alwaies
             dispose
             of
             their
             goods
             .
             See
             how
             Saint
             Austine
             ,
             and
             all
             the
             Popes
             with
             him
             ,
             confesse
             that
             it
             belongs
             to
             the
             Emperour
             to
             dispose
             of
             them
             ,
             and
             not
             to
             the
             Church
             .
             For
             even
             that
             reason
             which
             he
             renders
             is
             generall
             .
             It
             agrees
             as
             well
             to
             the
             Church
             and
             Clergie
             as
             to
             any
             others
             .
             Besides
             ,
             those
             which
             made
             the
             collections
             of
             ancient
             Canons
             ,
             as
             
               Anselme
               ,
               Ivo
            
             ,
             and
             Hildebert
             ,
             have
             inserted
             the
             word
             Church
             in
             that
             place
             ;
             and
             Gratian
             after
             them
             ,
             as
             Gregory
             confesseth
             ,
             which
             the
             former
             Popes
             did
             authorize
             .
             The
             Emperour
             Constantine
             cals
             those
             of
             the
             Novatians
             ,
             Churches
             ,
             and
             will
             have
             them
             preserv'd
             unto
             them
             .
             
             The
             Emperours
             ,
             
               Gratian
               ,
               Valentinian
            
             ,
             and
             Theodosius
             ,
             call
             those
             of
             other
             Heretiques
             ,
             Churches
             ,
             and
             cast
             them
             out
             of
             them
             ,
             that
             they
             may
             place
             orthodox
             Christians
             in
             them
             .
             Arcadius
             and
             Honorius
             made
             a
             like
             constitution
             .
             Ivo
             Bishop
             of
             Chartres
             proves
             it
             in
             his
             Epistles
             .
             
               For
               as
               much
            
             (
             saith
             he
             )
             
               as
               the
               guidance
               and
               government
               of
               temporall
               things
               is
               given
               unto
               Kings
               ,
               and
               that
               they
               are
               called
               Basilei
               ,
               that
               is
               ,
               the
               Basis
               and
               foundation
               of
               the
               people
               ,
               if
               at
               any
               time
               they
               abuse
               their
               power
               which
               is
               given
               them●
               they
               must
               not
               be
               too
               much
               exasperated
               by
               us
               ;
               onely
               when
               th●y
               refuse
               to
               obey
               our
               admonitions
               ,
               they
               must
               be
               let
               alone
               to
               the
               judgement
               of
               God.
            
             The
             Councell
             of
             Trent
             doth
             not
             use
             them
             so
             ,
             but
             not
             content
             with
             delivering
             their
             bodies
             up
             to
             Satan
             as
             farre
             as
             lies
             in
             their
             power
             ,
             it
             confiscates
             their
             goods
             ,
             and
             deprives
             them
             of
             their
             inheritance
             .
          
           
             3
             Pope
             Nicholas
             ,
             howbeit
             in
             his
             Epistle
             sent
             to
             the
             Emperour
             Michel
             he
             breathe
             nothing
             but
             winde
             and
             smoke
             ,
             having
             made
             a
             division
             with
             the
             Emperour
             very
             advantageous
             to
             himselfe
             ,
             without
             forgetting
             any
             of
             the
             Ecclesiasticall
             and
             Papall
             pretentions
             ,
             leaves
             him
             neverthelesse
             the
             guidance
             and
             government
             of
             temporall
             things
             for
             his
             share
             .
             
             
               When
               we
               come
               to
               the
               truth
            
             (
             saith
             he
             )
             
               neither
               the
               Emperour
               invades
               the
               rights
               of
               the
               Popedome
               ,
               nor
               the
               Pope
               the
               name
               of
               the
               Emperour
               ;
               forasmuch
               as
               Iesus
               Christ
               hath
               so
               distinguished
               the
               functions
               and
               offices
               of
               either
               power
               ,
               by
               their
               proper
               acts
               and
               severall
               dignities
               ,
               that
               Christian
               Emperours
               stand
               in
               neede
               of
               Popes
               for
               their
               eternall
               life
               ,
               and
               Popes
               make
               use
               of
               the
               Imperiall
               lawes
               ,
               yet
               onely
               in
               the
               course
               of
               temporall
               things
               .
            
             This
             Epistle
             is
             canonized
             in
             two
             places
             of
             Gratians
             Decree
             .
          
           
             4
             So
             it
             is
             a
             cleare
             case
             that
             Clergy
             men
             were
             anciently
             very
             poore
             :
             That
             they
             lived
             in
             common
             ,
             even
             at
             Rome
             for
             a
             long
             time
             :
             That
             they
             got
             their
             means
             and
             revenewes
             by
             the
             bounty
             and
             liberality
             of
             secular
             Princes
             .
             The
             ancient
             Histories
             ,
             yea
             even
             their
             owne
             bookes
             ,
             doe
             witnesse
             as
             much
             .
             
             When
             the
             donation
             of
             Constantine
             and
             that
             of
             Lewes
             the
             Gentle
             shal
             be
             proved
             true
             ,
             they
             will
             furnish
             us
             with
             a
             strong
             argument
             to
             convince
             the
             Popes
             that
             this
             was
             the
             hand
             from
             whence
             they
             receiv'd
             their
             meanes
             ;
             and
             therefore
             these
             are
             the
             authors
             to
             whom
             they
             should
             acknowledge
             themselves
             beholding
             ,
             and
             not
             ingratefully
             say
             (
             as
             they
             doe
             )
             That
             such
             meanes
             belonged
             to
             them
             ;
             That
             the
             Emperors
             ●surp'd
             them
             ,
             and
             did
             no
             more
             but
             restore
             them
             .
          
           
             5
             The
             ancient
             Councels
             have
             done
             thus
             much
             respect
             and
             honour
             unto
             Princes
             ,
             as
             to
             intreat
             them
             to
             remove
             the
             abuses
             ,
             and
             correct
             mischiefes
             for
             as
             much
             as
             depended
             upon
             them
             ,
             and
             as
             concerned
             their
             power
             ;
             without
             proceeding
             to
             punishments
             and
             corrections
             ,
             without
             undertaking
             to
             ordaine
             any
             thing
             in
             that
             kinde
             themselves
             ,
             by
             thrusting
             their
             sicle
             into
             another
             mans
             harvest
             ,
             as
             this
             of
             Trent
             doth
             .
          
           
             6
             The
             third
             Councell
             of
             Toledo
             ,
             
             holden
             in
             the
             yeare
             589
             ,
             intreats
             Reccaved
             King
             of
             Spaine
             to
             prohibit
             the
             usurpations
             of
             his
             Iudges
             and
             Officers
             which
             troubled
             the
             Bishops
             servants
             ,
             and
             other
             Ecclesiasticall
             persons
             by
             divers
             impositions
             .
             The
             fourth
             of
             Toledo
             ,
             holden
             in
             the
             yeare
             643
             under
             King
             Sisenand
             ,
             
             doth
             indeed
             admonish
             those
             which
             have
             any
             controversies
             with
             potent
             men
             ,
             
             and
             others
             which
             invade
             their
             rights
             ,
             to
             come
             and
             make
             their
             complaint
             to
             the
             Councell
             ;
             but
             this
             is
             to
             the
             end
             that
             as
             soone
             as
             the
             wrong
             done
             them
             is
             understood
             ,
             a
             course
             may
             bee
             taken
             for
             it
             by
             the
             Officer
             Royall
             ,
             as
             it
             is
             said
             in
             expresse
             termes
             .
          
           
             
             7
             The
             Councell
             of
             Soissons
             ,
             having
             made
             certain
             Ecclesiasticall
             lawes
             wherin
             they
             speake
             of
             lay
             men
             too
             ,
             concludes
             with
             this
             clause
             :
             
               If
               any
               man
               chance
               to
               transgresse
               this
               Decree
               ,
               and
               to
               breake
               or
               contemne
               the
               law
               which
               three
               and
               twenty
               Bishops
               ,
               with
               other
               Ecclesiastiques
               and
               servants
               of
               God
               have
               enacted
               ,
               with
               the
               consent
               of
               Prince
            
             Pepin
             ,
             
               or
               the
               Counsell
               of
               the
               Peeres
               of
            
             France
             ,
             
               let
               him
               be
               judged
               by
               the
               same
               Prince
               ,
               or
               let
               him
               compound
               the
               matter
               with
               the
               Bishops
               o●
               Iudges
               so
               as
               is
               prescrib'd
               in
               the
               same
               law
               ,
               every
               man
               according
               to
               his
               order
               .
            
             
             The
             Councell
             of
             Mentz
             holden
             in
             the
             yeare
             834
             exhorteth
             Lewes
             the
             Gentle
             to
             restraine
             the
             oppression
             of
             poore
             people
             ,
             but
             free
             borne
             ,
             which
             was
             inflicted
             upon
             them
             by
             great
             and
             potent
             men
             ,
             contrary
             to
             all
             justice
             .
             Our
             Councell
             of
             Trent
             in
             all
             these
             cases
             have
             proceeded
             by
             censures
             and
             excommunications
             ,
             by
             confiscations
             of
             goods
             ,
             and
             deprivations
             of
             Empires
             and
             Kingdomes
             .
          
           
             8
             Now
             Councels
             are
             so
             farre
             from
             having
             power
             to
             ordaine
             any
             thing
             concerning
             the
             temporals
             which
             belong
             to
             lay
             men
             ,
             as
             they
             cannot
             so
             much
             as
             make
             lawes
             for
             the
             temporals
             of
             the
             Church
             .
             The
             reason
             is
             manifest
             ,
             which
             is
             ,
             because
             that
             Clergy
             men
             got
             their
             possessions
             by
             the
             bountie
             of
             Princes
             ,
             at
             least
             for
             the
             most
             part
             ,
             that
             before
             they
             had
             them
             they
             were
             under
             their
             Dominion
             and
             Empire
             ;
             that
             for
             all
             this
             changing
             of
             their
             master
             ,
             they
             doe
             not
             lose
             that
             which
             belongs
             to
             them
             .
             
               Christian
               Religion
            
             (
             saith
             Saint
             Ambrose
             )
             
               deprives
               no
               man
               of
               his
               right
               .
            
             Saint
             Bernard
             ,
             
             who
             is
             quoted
             and
             commended
             by
             all
             men
             in
             this
             case
             ,
             speaking
             to
             Eugenius
             the
             third
             ,
             saith
             ,
             
               What
               did
               the
               holy
               Apostle
               leave
               you
               ?
               Such
               as
               I
               have
               I
               give
               you
               (
               saith
               he
               .
               )
               And
               what
               's
               that
               ?
               one
               thing
               I
               know
               ,
               that
               it
               is
               neither
               silver
               nor
               gold
               ;
               for
               he
               himselfe
               sayes
               ,
               Silver
               nor
               gold
               have
               I
               none
               .
               If
               you
               chance
               to
               have
               any
               ,
               use
               it
               ;
               not
               according
               to
               your
               appetite
               ,
               but
               for
               a
               time
               .
            
             And
             a
             little
             after
             .
             
               Grant
               that
               ye
               arrogate
               these
               things
               unto
               your selfe
               by
               some
               other
               title
               ,
               you
               can
               never
               doe
               it
               by
               the
               Apostolique
               right
               ,
               for
               he
               could
               not
               give
               what
               he
               never
               had
               .
               What
               hee
               had
               he
               gave
               ,
               to
               wit
               the
               charge
               and
               care
               over
               Churches
               .
               Did
               he
               leave
               the
               Dominion
               too
               ?
               heare
               himselfe
               speake
               ,
               Not
               bearing
               rule
               (
               saith
               he
               )
               in
               the
               Church
               ;
               but
               being
               brought
               under
               the
               forme
               of
               a
               flocke
               .
            
          
           
             
             9
             Frier
             Iohn
             of
             Paris
             ,
             a
             Doctour
             in
             Divinitie
             of
             the
             order
             of
             Predicants
             ,
             who
             writ
             about
             the
             yeare
             1280
             ,
             in
             his
             tract
             Of
             the
             Royall
             and
             Papall
             power
             .
             
               I
               am
               of
               opinion
            
             (
             saith
             he
             )
             
               that
               truth
               it selfe
               hath
               made
               a
               Medium
               here
               ,
               namely
               ,
               that
               it
               is
               not
               utterly
               impossible
               that
               Clergie
               men
               have
               dominion
               and
               jurisdiction
               in
               temporall
               matters
               ,
               but
               yet
               it
               belongs
               not
               unto
               them
               by
               reason
               of
               their
               profession
               and
               as
               Christs
               Vicars
               and
               the
               Apostles
               successours
               ;
               but
               is
               convenient
               for
               them
               to
               have
               it
               by
               the
               grant
               and
               permission
               of
               Princes
               ,
               if
               so
               be
               they
               have
               bestowed
               it
               upon
               them
               out
               of
               devotion
               ,
               or
               if
               they
               have
               got
               it
               by
               other
               meanes
               .
            
             And
             in
             the
             eight
             Chapter
             he
             sets
             downe
             this
             conclusion
             .
             
             
               Whence
               it
               appeares
               ,
               that
               seeing
               Christ
               ,
               as
               man
               ,
               had
               no
               power
               nor
               jurisdiction
               in
               temporall
               matters
               ,
               the
               Priest
               ,
               (
               be
               what
               be
               will
               )
               hath
               not
               received
               any
               power
               over
               them
               from
               Christ
               ;
               in
               as
               much
               as
               he
               did
               not
               give
               unto
               them
               what
               he
               had
               not
               in
               himselfe
               .
            
          
           
             
             10
             By
             reason
             of
             this
             jurisdiction
             and
             power
             which
             Princes
             have
             over
             Ecclesiasticall
             goods
             ,
             they
             may
             impose
             taxes
             ,
             subsidies
             ,
             tenths
             ,
             and
             other
             charges
             upon
             them
             .
             
               Marsilius
               de
               Padua
            
             saith
             ,
             
               The
               Bishops
               of
            
             Rome
             
               would
               enjoy
               temporall
               matters
               immoderately
               ,
               and
               without
               too
               much
               right
               ;
               and
               yet
               notwithstanding
               they
               will
               not
               be
               subject
               to
               the
               lawes
               and
               edicts
               of
               Princes
               and
               humane
               Legislators
               ,
               contrary
               to
               the
               doctrine
               and
               example
               of
               Christ
               and
               his
               Apostles
               .
               Howbeit
               for
               things
               which
               belong
               not
               unto
               them
               ,
               when
               they
               have
               them
               in
               their
               power
               ,
               they
               should
               rather
               relinquish
               them
               than
               contest
               for
               them
               .
            
             He
             addes
             further
             .
             
               The
               Bishops
               
               of
            
             Rome
             ,
             
             
               as
               also
               all
               the
               rest
               ,
               having
               but
               small
               regard
               to
               this
               ,
               if
               they
               finde
               themselves
               grieved
               at
               any
               time
               by
               the
            
             Roman
             
               Emperors
               in
               t●nths
               and
               subsidies
               ,
               and
               other
               temporall
               charges
               for
               the
               maintenance
               of
               souldiers
               ,
               then
               when
               necessity
               forceth
               them
               to
               it
               ,
               in
               stead
               of
               acknowledging
               the
               courtesies
               they
               have
               received
               in
               these
               temporall
               matters
               ,
               which
               these
               Princes
               of
            
             Rome
             
               have
               liberally
               imparted
               unto
               them
               ,
               puffed
               up
               with
               pride
               and
               ignorance
               of
               their
               owne
               condition
               ,
               more
               ingratefull
               than
               the
               most
               ingratefull
               that
               ever
               were
               ,
               out
               of
               an
               unbridled
               presumption
               they
               fall
               into
               horrible
               blasphemies
               and
               cursings
               ,
               as
               well
               against
               the
               Princes
               ,
               as
               against
               such
               Christians
               as
               are
               subject
               to
               them
               .
            
             The
             same
             author
             in
             another
             passage
             :
             
             
               We
               must
               not
               be
               ignorant
            
             (
             saith
             he
             )
             
               that
               the
               humane
               law-giver
               ,
               or
               he
               which
               rules
               by
               his
               authority
               ,
               may
               lawfully
               impose
               any
               taskes
               and
               collections
               upon
               the
               temporals
               of
               Ecclesiasticall
               men
               ,
               principally
               upon
               their
               lands
               and
               immoveables
               which
               we
               call
               benefices
               ,
               &c.
               
            
             Saint
             Ambrose
             in
             one
             of
             his
             Epistles
             saith
             ,
             
               If
               the
               Emperour
               demand
               his
               tribute
               ,
               we
               doe
               not
               deny
               him
               it
               .
               The
               revenues
               of
               the
               Church
               pay
               tribute
               .
            
             
             
               Hugo
               de
               Sancto
               Victore
            
             speakes
             expresly
             of
             it
             in
             his
             tract
             of
             the
             Sacraments
             .
             
               Let
               the
               Church
               know
            
             (
             saith
             he
             )
             
               that
               such
               possessions
               cannot
               be
               so
               farre
               alienated
               from
               the
               Royall
               power
               ,
               as
               that
               if
               reason
               and
               necessity
               do
               require
               it
               ,
               the
               same
               power
               needs
               not
               protect
               them
               ;
               or
               that
               those
               possessions
               should
               not
               relieve
               him
               in
               time
               of
               necessity
               .
               Marsilius
            
             againe
             in
             another
             place
             :
             
               But
               if
               the
               supreme
               Law-givers
               or
               Commanders
               stand
               in
               need
               of
               these
               temporals
               ,
               they
               may
               in
               case
               of
               necessity
               make
               use
               of
               all
               that
               remaines
               over
               and
               above
               what
               is
               bestowed
               in
               the
               maintenance
               of
               the
               Ministers
               of
               the
               Church
               and
               of
               the
               poore
               ;
               and
               may
               by
               their
               own
               authoritie
               lawfully
               seise
               upon
               it
               ,
               according
               to
               the
               divine
               law
               ;
               notwithstanding
               any
               contradiction
               of
               the
               Priests
               Ministers
               :
               and
               that
               not
               onely
               the
               tenths
               ,
               but
               even
               the
               fourths
               and
               thirds
               ,
               &c.
               
            
             
               AEneas
               Sylvius
            
             ,
             
             in
             his
             fift
             booke
             Of
             the
             beginning
             and
             authoritie
             of
             the
             Empire
             ,
             saith
             ,
             
               That
               the
               possessions
               of
               the
               Church
               owe
               tribute
               to
               the
               Empire
               .
            
             Which
             he
             proves
             by
             the
             testimonie
             of
             Saint
             Ambrose
             ,
             and
             many
             others
             ,
             out
             of
             holy
             Writ
             .
             Chassaneus
             who
             was
             President
             of
             the
             Parliament
             of
             Aix
             in
             Provence
             ,
             saith
             ,
             
               That
               Prelates
               are
               subject
               to
               Kings
               for
               their
               temporall
               meanes
               ,
               though
               they
               be
               not
               feodall
               ;
               that
               they
               are
               bound
               to
               obey
               their
               Ordinances
               and
               Constitutions
               for
               as
               much
               as
               concernes
               the
               said
               goods
               :
               that
               such
               temporall
               meanes
               of
               Clergy
               men
               ,
               even
               those
               which
               are
               infeodated
               ,
               are
               lyable
               to
               the
               payment
               of
               new
               tasks
               ,
               in
               case
               Kings
               should
               have
               a
               minde
               to
               impose
               any
               for
               the
               defence
               of
               their
               kingdomes
               .
            
          
           
             11
             But
             for
             this
             matter
             we
             need
             not
             seeke
             any
             other
             testimonies
             than
             those
             which
             are
             extant
             in
             the
             Popes
             owne
             bookes
             .
             That
             place
             of
             Saint
             Ambrose
             ,
             which
             was
             formerly
             quoted
             ,
             hath
             beene
             canoniz'd
             in
             Gratians
             Decree
             .
             
             
               If
               the
               Emperour
               demand
               tribute
               ,
               we
               doe
               not
               deny
               him
               it
               .
               The
               revenues
               of
               the
               Church
               pay
               tribute
               .
               If
               the
               Emperour
               desire
               to
               have
               the
               meanes
               ,
               he
               hath
               power
               to
               take
               them
               to
               himselfe
               .
            
             In
             another
             Canon
             it
             is
             said
             ,
             
             
               It
               is
               a
               great
               and
               spirituall
               lesson
               by
               which
               we
               learne
               that
               Christians
               are
               subject
               to
               secular
               powers
               ;
               for
               feare
               lest
               any
               body
               should
               thinke
               that
               the
               Ordinance
               of
               an
               earthly
               King
               may
               be
               violated
               .
               For
               if
               the
               Sonne
               of
               God
               payed
               tribute
               ,
               who
               art
               thou
               that
               art
               so
               great
               as
               to
               think
               thy selfe
               exempted
               ?
            
             One
             Pope
             Vrban
             said
             ,
             
               That
               the
               tribute
               was
               found
               in
               the
               fishes
               mouth
               as
               Peter
               was
               a
               fishing
               ,
               
               because
               the
               Church
               payes
               tribute
               of
               things
               externall
               which
               lye
               open
               to
               every
               mans
               view
               .
            
          
           
             12
             It
             is
             true
             that
             Gratian
             ,
             after
             he
             hath
             set
             downe
             these
             Canons
             ,
             plants
             others
             by
             way
             of
             battery
             against
             them
             to
             beat
             them
             downe
             ,
             such
             as
             are
             approved
             by
             Popes
             ,
             in
             such
             sort
             that
             they
             pronounce
             themselves
             exempt
             from
             all
             subsidies
             and
             tributes
             ,
             and
             also
             all
             others
             of
             their
             order
             .
             Clergy
             men
             have
             exemptions
             indeed
             ,
             and
             those
             very
             faire
             ones
             ,
             both
             for
             their
             persons
             and
             their
             goods
             :
             they
             have
             priviledges
             which
             are
             both
             honourable
             and
             profitable
             .
             I
             confesse
             they
             have
             .
             But
             they
             are
             very
             ingratefull
             if
             they
             doe
             not
             therein
             acknowledge
             
             the
             liberalitie
             of
             Kings
             and
             Emperours
             .
             
             These
             are
             the
             markes
             of
             their
             bountie
             .
          
           
             
             13
             It
             cannot
             bee
             inferred
             from
             all
             this
             tho
             ,
             that
             there
             is
             any
             release
             from
             the
             power
             and
             soveraigntie
             which
             belongs
             unto
             them
             ,
             nor
             from
             those
             dues
             which
             they
             were
             wont
             to
             receive
             ,
             save
             onely
             so
             farre
             as
             they
             are
             pleased
             to
             remit
             them
             .
             The
             Emperour
             Constantius
             does
             ordaine
             that
             the
             Clerkes
             of
             the
             Provinces
             shall
             pay
             the
             charges
             due
             to
             the
             Exchequer
             for
             their
             possessions
             .
             The
             Emperours
             Honorius
             and
             Theodosius
             grant
             an
             immunitie
             to
             Churches
             from
             sordid
             payments
             ,
             but
             not
             from
             others
             :
             and
             they
             reserve
             to
             themselves
             the
             power
             of
             laying
             impositions
             upon
             them
             in
             case
             of
             necessitie
             .
             The
             same
             Emperours
             declare
             in
             another
             place
             ,
             that
             they
             doe
             not
             exempt
             them
             from
             such
             taxes
             as
             shall
             be
             assessed
             for
             the
             repairing
             of
             bridges
             and
             high
             waies
             .
             Constantius
             and
             Constans
             had
             formerly
             granted
             the
             same
             immunitie
             to
             Ecclesiasticall
             persons
             ,
             their
             wives
             and
             children
             ;
             to
             wit
             ,
             from
             forbid
             payments
             ,
             but
             not
             from
             others
             .
             The
             Emperours
             Theodosius
             and
             Valentinian
             declare
             the
             vassals
             and
             tenants
             of
             the
             Church
             lyable
             to
             the
             same
             services
             that
             others
             are
             .
             They
             declare
             likewise
             that
             the
             possessions
             of
             the
             Church
             must
             pay
             tribute
             .
             These
             are
             the
             same
             Emperours
             that
             prohibited
             the
             alienation
             of
             Ecclesiasticall
             goods
             :
             that
             gave
             Councels
             power
             to
             receive
             revenues
             by
             legacie
             from
             dying
             men
             .
          
           
             
             14
             If
             these
             were
             anciently
             the
             Imperiall
             rights
             ,
             it
             would
             be
             known
             at
             what
             game
             they
             were
             lost
             .
             The
             Popes
             have
             made
             lawes
             for
             the
             confirming
             ,
             yea
             enlarging
             of
             these
             immunities
             .
             Councels
             have
             likewise
             interposed
             themselves
             in
             the
             same
             businesse
             ,
             both
             they
             and
             these
             in
             such
             sort
             as
             they
             have
             forgot
             their
             benefactors
             :
             and
             not
             remembring
             that
             these
             exemptions
             are
             the
             courtesies
             of
             these
             very
             Kings
             and
             Emperours
             ,
             whom
             they
             forbid
             to
             lay
             any
             imposition
             uppon
             such
             goods
             without
             their
             leave
             .
             Yet
             our
             Kings
             of
             France
             are
             alwaies
             excepted
             by
             the
             testimonie
             of
             our
             Doctours
             ,
             who
             thinke
             that
             to
             bee
             his
             speciall
             priviledge
             ,
             which
             is
             indeed
             the
             common
             right
             of
             all
             Princes
             .
             Though
             in
             very
             deed
             it
             is
             made
             speciall
             by
             reason
             of
             the
             usurpation
             of
             Popes
             ,
             who
             have
             got
             their
             ends
             in
             others
             ,
             the
             French
             onely
             excepted
             .
             And
             yet
             they
             are
             not
             out
             of
             hopes
             of
             them
             too
             .
             For
             amongst
             their
             Decretals
             there
             is
             one
             of
             Alexander
             the
             fourth
             which
             expresly
             forbids
             the
             French
             
               To
               impose
               any
               taxes
               ,
               
               collections
               ,
               or
               exactions
               upon
               Churches
               or
               Ecclesiasticall
               persons
               ,
               or
               to
               require
               them
               of
               them
               for
               their
               houses
               ,
               lands
               ,
               or
               other
               possessions
               whatsoever
               ,
               heretofore
               got
               or
               purchased
               ,
               or
               hereafter
               to
               bee
               got
               or
               purchased
               by
               the
               said
               Churches
               or
               persons
               Ecclesiasticall
               .
            
             This
             Decretall
             ,
             together
             with
             all
             the
             rest
             ,
             is
             approved
             by
             this
             Councell
             of
             Trent
             :
             
             yea
             (
             which
             is
             worth
             the
             observing
             )
             Gregory
             the
             thirteenth
             in
             his
             late
             censure
             of
             the
             Canon
             Law
             hath
             made
             this
             addition
             to
             the
             said
             Decretall
             .
             Looke
             (
             saith
             he
             )
             
               the
               Councell
               of
            
             Trent
             
               at
               the
               twentieth
               chapter
               of
               the
               twenty
               fift
               Session
               ,
               where
               the
               priviledges
               and
               immunities
               of
               Churches
               and
               Eclesiasticall
               persons
               are
               renewed
               and
               confirmed
               .
            
             So
             that
             we
             must
             talke
             no
             more
             of
             this
             priviledge
             hereafter
             ,
             if
             our
             Councell
             be
             received
             .
             And
             that
             no
             man
             make
             any
             further
             doubt
             hereof
             ,
             let
             us
             heare
             how
             this
             and
             that
             other
             Gregory
             the
             fourteenth
             would
             make
             men
             beleeve
             it
             in
             their
             Buls
             ,
             
               De
               coena
               Domini
            
             ,
             given
             forth
             by
             them
             afterwards
             to
             be
             thundered
             out
             in
             this
             kingdome
             .
             
             
               We
               excommunicate
               and
               anathematize
               those
               which
               impose
               any
               collections
               ,
               tenths
               ,
               taxes
               ,
               payments
               ,
               or
               other
               charges
               upon
               Clerks
               ,
               Prelates
               ,
               or
               other
               Ecclesiasticall
               persons
               :
               or
               upon
               the
               goods
               of
               Churches
               ,
               Monasteries
               ,
               or
               other
               Ecclesiasticall
               benefices
               :
               or
               upon
               the
               fruits
               ,
               rents
               ,
               and
               revenues
               thereof
               ,
               without
               speciall
               and
               expresse
               licence
               from
               the
               Pope
               of
               Rome
               .
            
          
           
             
             15
             These
             Popes
             did
             no
             more
             but
             resume
             the
             errours
             of
             Boniface
             the
             eight
             ,
             (
             so
             well
             liked
             by
             his
             successours
             that
             they
             made
             lawes
             of
             them
             )
             for
             by
             his
             Decretall
             hee
             excommunicates
             all
             lay
             men
             ,
             yea
             by
             name
             all
             
               Emperours
               ,
               Kings
               ,
               〈…〉
               any
               collections
               ,
               
               taxes
               ,
               tenths
               ,
               twentieth
               or
               hundred
               part
               of
               Ecclesiasticall
               goods
               and
               revenues
               ,
               
               or
               other
               quantitie
               ,
               part
               ,
               or
               quotitie
               of
               them
               ,
               by
               the
               name
               of
               reliefe
               ,
               loane●
               aid
               ,
               subsidie
               ,
               or
               other
               title
               whatsoever
               ;
               as
               also
               all
               Ecclesiasticall
               persons
               which
               shall
               pay
               them
               without
               leave
               from
               the
               holy
               See.
               
            
          
           
             16
             Bennet
             the
             eleventh
             ,
             his
             successour
             ,
             after
             he
             had
             accorded
             all
             things
             with
             Philip
             the
             Faire
             ,
             in
             courtesie
             to
             him
             made
             a
             restraint
             of
             that
             Decretall
             ,
             ordaining
             that
             it
             should
             not
             take
             place
             
               Inter
               volentes
            
             ,
             wherein
             he
             thought
             he
             gratified
             him
             much
             .
             Hearke
             how
             one
             speakes
             of
             him
             that
             was
             a
             writer
             of
             the
             lives
             of
             Popes
             .
             
               Pope
               Benedict
               appeased
               the
               strife
               and
               dissentions
               that
               were
               begunne
               betwixt
               Philip
               King
               of
               France
               and
               Pope
               Boniface
               :
               and
               restored
               unto
               the
               same
               King
               the
               priviledges
               and
               indulgences
               of
               the
               See
               Apostolique
               ,
               which
               had
               been
               taken
               from
               him
               by
               Boniface
               his
               predecessor
               .
               Besides
               ,
               he
               set
               out
               a
               certain
               Constitution
               at
               Perusia
               in
               favour
               of
               the
               same
               King
               and
               his
               subjects
               ,
               which
               begins
               ,
               
                 Quod
                 olim
              
               :
               whereby
               he
               restraines
               the
               Constitution
               of
               his
               predecessor
               Boniface
               ,
               which
               begins
               ,
               
                 Clericis
                 laicos
              
               :
               ordaining
               that
               the
               punishment
               exprest
               in
               Boniface
               his
               Constitution
               ,
               shall
               not
               take
               place
               neither
               in
               those
               that
               pay
               ,
               nor
               in
               those
               that
               receive
               such
               paiments
               as
               are
               freely
               &
               willingly
               tendred
               .
            
             This
             constitution
             is
             among
             the
             Extravagants
             at
             this
             present
             ;
             
             but
             so
             as
             our
             Popes
             hold
             it
             for
             apocryphall
             ,
             abrogated
             ,
             and
             of
             no
             force
             ,
             witnesse
             the
             foresaid
             Buls
             
               De
               coena
               Domini
            
             ,
             sent
             into
             France
             to
             be
             thundred
             out
             there
             ,
             which
             have
             these
             words
             :
             
               We
               excommunicate
               and
               anathematize
               all
               those
               that
               receive
               the
               said
               collections
               ,
               taxes
               ,
               tenths
               ,
               &c.
               even
               of
               such
               as
               give
               and
               grant
               them
               willingly
               .
            
          
           
             17
             One
             of
             our
             Practitioners
             hath
             so
             farre
             forth
             acknowledged
             the
             power
             of
             Emperours
             and
             Kings
             over
             the
             temporals
             of
             the
             Church
             ,
             that
             he
             hath
             advised
             them
             to
             discharge
             the
             Pope
             and
             other
             Ecclesiastiques
             of
             that
             care
             and
             trouble
             ,
             which
             the
             too
             great
             abundance
             begets
             in
             them
             .
             
               It
               will
               come
               to
               passe
               ere
               long
               (
               saith
               he
               )
               that
               all
               lay
               mens
               goods
               will
               prove
               to
               be
               Clergie
               mens
               inheritance
               ,
               unlesse
               some
               good
               Emperour
               take
               an
               order
               with
               it
               ,
               by
               revoking
               the
               donation
               of
               Constantine
               ,
               and
               making
               a
               law
               totally
               to
               reduce
               the
               state
               of
               al
               Clerks
               to
               the
               state
               and
               condition
               of
               Friers
               Mendicants
               ;
               and
               unlesse
               the
               Pope
               and
               Cardinals
               also
               bee
               reduced
               to
               the
               life
               of
               Christ
               and
               his
               Apostles
               upon
               earth
               ,
               whose
               Vicar
               General
               he
               is
               ,
               and
               therefore
               ought
               to
               follow
               his
               example
               .
            
             And
             in
             another
             place
             .
             
             
               Amongst
               the
               priviledges
               of
               the
               Church
               ,
               this
               is
               one
               ,
               That
               the
               goods
               of
               such
               as
               turne
               religious
               be
               applyed
               to
               their
               Monasteries
               .
               By
               meanes
               of
               which
               priviledge
               an
               infinite
               company
               of
               Monasteries
               have
               beene
               founded
               and
               multiplyed
               in
               all
               parts
               of
               the
               world
               .
               That
               which
               was
               anciently
               done
               out
               of
               devotion
               ,
               is
               now
               practised
               out
               of
               avarice
               ,
               and
               to
               exercise
               oppression
               ,
               in
               such
               sort
               as
               they
               have
               already
               quite
               undone
               the
               laity
               .
               So
               that
               it
               may
               well
               be
               said
               that
               such
               places
               either
               already
               erected
               ,
               or
               hereafter
               to
               be
               erected
               ,
               are
               nothing
               else
               but
               nets
               set
               to
               catch
               lay
               mens
               goods
               in
               .
               O
               that
               a
               good
               Emperour
               would
               arise
               therefore
               ,
               that
               all
               the
               world
               might
               say
               ,
               Let
               peace
               be
               made
               by
               thy
               virtue
               ,
               and
               let
               plentifulnesse
               be
               within
               thy
               Towers
               !
            
          
        
         
           
           
             CHAP.
             III.
             That
             Kings
             and
             Princes
             ought
             not
             easily
             to
             bee
             excommunicated
             :
             and
             of
             the
             priviledges
             of
             the
             Kings
             of
             France
             ,
             and
             their
             Officers
             .
          
           
             
             1
             HOwbeit
             Ecclesiasticall
             persons
             ,
             as
             Ecclesiasticall
             ,
             have
             no
             power
             over
             temporall
             matters
             ,
             but
             only
             Kings
             and
             Princes
             ,
             and
             those
             upon
             whom
             they
             derive
             their
             power
             ;
             yet
             so
             it
             is
             that
             in
             these
             latter
             daies
             they
             have
             taken
             upon
             them
             a
             jurisdiction
             in
             such
             matters
             ,
             applying
             even
             excommunications
             to
             that
             purpose
             .
             For
             by
             meanes
             of
             them
             they
             have
             disposed
             of
             Kingdomes
             and
             Empires
             ,
             Dutchies
             and
             Principalities
             ,
             Cities
             ,
             Patrimonies
             ,
             and
             other
             such
             like
             things
             .
             So
             our
             Councell
             useth
             them
             against
             duells
             ,
             against
             Combatants
             and
             their
             Seconds
             :
             depriving
             them
             of
             their
             Cities
             and
             Places
             where
             such
             Duells
             shall
             bee
             fought
             ,
             and
             these
             of
             their
             inheritance
             :
             and
             that
             by
             virtue
             of
             an
             Excommunication
             which
             shall
             bee
             thundred
             out
             against
             them
             .
             Besides
             what
             we
             have
             spoke
             already
             concerning
             the
             disposall
             of
             temporall
             matters
             ,
             wee
             have
             elsewhere
             proved
             that
             it
             is
             an
             unjust
             and
             unlawfull
             thing
             to
             extend
             excommunications
             to
             mens
             goods
             ,
             to
             deprive
             such
             men
             of
             them
             to
             whom
             of
             right
             they
             appertaine
             .
             We
             shall
             only
             say
             in
             this
             place
             that
             there
             ought
             to
             be
             very
             weighty
             reasons
             for
             proceeding
             to
             the
             excommunication
             of
             Kings
             and
             Princes
             :
             yea
             there
             are
             some
             which
             thinke
             they
             are
             totally
             exempted
             from
             it
             .
          
           
             2
             Ivo
             Bishop
             of
             Chartres
             saith
             they
             ought
             to
             be
             borne
             with
             in
             their
             faults
             ,
             not
             to
             bee
             exasperated
             in
             case
             they
             will
             not
             doe
             any
             thing
             upon
             faire
             admonitions
             .
             Wee
             have
             set
             downe
             the
             place
             before
             .
             
             The
             Clergie
             of
             Liege
             in
             their
             epistle
             to
             Pope
             Paschal
             the
             second
             ,
             say
             the
             very
             same
             ;
             
               If
               any
               man
               search
               the
               old
               and
               new
               Testament
               ,
               and
               the
               things
               which
               have
               beene
               acted
               there
               ,
               hee
               shall
               evidently
               find
               that
               Kings
               and
               Emperours
               can
               no
               way
               bee
               excommunicated
               ,
               or
               at
               least
               very
               hardly
               :
               according
               to
               the
               Etymology
               of
               their
               name
               ,
               and
               the
               definition
               of
               excommunication
               .
               And
               the
               question
               was
               never
               yet
               determined
               .
               They
               may
               indeed
               bee
               admonished
               ,
               rebuked
               ,
               reproved
               by
               respectfull
               and
               discreet
               persons
               ,
               in
               as
               much
               as
               Christ
               the
               King
               of
               Kings
               hath
               reserved
               unto
               himselfe
               the
               condemnation
               or
               absolution
               of
               those
               whom
               he
               hath
               left
               to
               supplie
               his
               place
               upon
               earth
               .
            
          
           
             3
             This
             Councell
             excommunicates
             them
             upon
             very
             sleight
             occasions
             ,
             as
             namely
             for
             using
             their
             authoritie
             in
             contracting
             of
             marriages
             ,
             to
             the
             advantage
             of
             some
             Gentlemen
             or
             Officers
             of
             their
             Court
             ;
             for
             giving
             way
             to
             a
             Duell
             ,
             and
             the
             like
             .
             It
             is
             requisite
             to
             heare
             what
             answer
             a
             Synod
             of
             Rhemes
             made
             to
             an
             Archbishop
             of
             the
             same
             Citie
             hereupon
             ,
             whom
             Pope
             Adrian
             the
             second
             had
             commanded
             by
             his
             letters
             to
             abstaine
             from
             communicating
             with
             Charles
             the
             Bald
             ,
             Emperour
             and
             King
             of
             France
             ,
             which
             he
             certified
             the
             assembly
             of
             .
             
             
               They
               said
               ,
               and
               doe
               say
               ,
               with
               reproaches
               touching
               upon
               my
               meannesse
               ,
               who
               have
               alwaies
               strived
               to
               the
               utmost
               of
               my
               abilitie
               and
               knowledge
               ,
               to
               promote
               the
               priviledges
               of
               the
               See
               Apostolique
               ,
               that
               such
               a
               command
               as
               this
               ,
               was
               never
               given
               out
               from
               that
               See
               to
               any
               of
               my
               Predecessours
               ,
               even
               in
               those
               times
               when
               (
               as
               every
               man
               knowes
               )
               there
               were
               warres
               and
               seditions
               betwixt
               confederate
               Kings
               living
               under
               the
               same
               
               Sacraments
               ,
               betwixt
               the
               father
               and
               the
               children
            
             ;
             
             
               yea
               even
               betwixt
               brethren
               .
               And
               that
               wee
               never
               read
               that
               the
               Popes
               of
               the
               See
               Apostolique
               ,
               nor
               other
               Bishops
               of
               great
               authoritie
               and
               holynesse
               did
               ever
               withdraw
               themselves
               from
               the
               presence
               ,
               or
               refused
               to
               salute
               or
               conferre
               with
               hereticall
               or
               s●hismaticall
               Emperours
               ,
               Tyrants
               ,
               or
               Kings
               ,
               how
               bad
               soever
               they
               were
               :
               as
            
             Constantius
             the
             Arrian
             ,
             Iulian
             
               the
               Apostat
            
             ,
             Maximus
             
               the
               tyrant
               ,
               when
               occasion
               ,
               place
               ,
               and
               the
               cause
               required
               it
               ,
               &c.
               
               And
               they
               say
               that
               the
               scripture
               of
               this
               age
               holds
               ,
               that
               every
               Kingdome
               of
               this
               world
               is
               got
               by
               armes
               ,
               and
               enlarged
               by
               victories
               ,
               and
               cannot
               be
               purchased
               by
               excommunications
               from
               the
               Popes
               ,
               or
               other
               Bishops
               :
               and
               they
               urge
               that
               holy
               Scripture
               saith
               ,
               that
               Kingdomes
               are
               from
               the
               Lord
               ;
               by
               whom
               Kings
               reigne
               ;
               and
               that
               by
               the
               ministerie
               of
               men
               and
               Angels
               he
               confers
               them
               upon
               whom
               hee
               pleases
               .
            
             See
             here
             are
             things
             which
             without
             all
             compare
             deserve
             rather
             to
             be
             struck
             with
             an
             Ecclesiastical
             thunderclap
             ,
             than
             the
             giving
             way
             unto
             a
             Duell
             or
             interposing
             their
             authoritie
             in
             a
             matter
             of
             marriage
             .
          
           
             4
             Now
             ,
             whatsoever
             others
             bee
             ,
             our
             Kings
             are
             exempted
             from
             such
             thunders
             ,
             so
             as
             neither
             the
             Bishops
             of
             this
             Kingdome
             ,
             nor
             strangers
             ,
             no
             nor
             the
             Pope
             himselfe
             have
             any
             power
             over
             them
             in
             this
             regard
             .
             Wee
             have
             hereof
             divers
             testimonies
             :
             our
             French
             men
             do
             avouch
             it
             in
             an
             article
             which
             was
             drawne
             by
             them
             in
             behalfe
             of
             King
             Lotharius
             ,
             against
             Pope
             Nicholas
             the
             first
             ,
             who
             would
             have
             excommunicated
             him
             for
             his
             marriage
             with
             
               Waldrada
               .
               As
               hee
               cannot
               bee
               excommunicated
            
             (
             say
             they
             ,
             speaking
             of
             the
             King
             )
             
               by
               his
               Bishops
               ,
               whatsoever
               his
               fact
               bee
               ,
               so
               cannot
               he
               bee
               judged
               by
               other
               Bishops
               .
            
          
           
             5
             Vincent
             ,
             in
             his
             allegations
             ,
             after
             he
             hath
             set
             downe
             the
             good
             deeds
             of
             the
             Kings
             of
             France
             towards
             the
             Church
             ,
             saith
             ,
             
               This
               is
               the
               cause
               why
               the
               Kings
               of
            
             France
             ,
             
               cannot
               bee
               excommunicated
               ,
               by
               reason
               of
               their
               priviledge
               ,
               else
               their
               labour
               should
               bee
               fruitlesse
               .
               Likewise
               their
               souldiers
               and
               their
               men
               of
               warre
               ,
               and
               their
               Captaines
               ,
               inasmuch
               as
               they
               cannot
               offend
               by
               obeying
               them
               .
            
             These
             last
             words
             must
             bee
             understood
             of
             an
             excommunication
             thundred
             out
             against
             the
             men
             of
             warre
             ,
             for
             this
             reason
             ,
             because
             they
             fight
             for
             their
             Prince
             .
          
           
             6
             
               Lancelot
               Conrade
            
             ,
             a
             Lawyer
             of
             Millain
             ,
             subject
             to
             the
             King
             of
             Spaine
             ,
             
             saith
             as
             much
             in
             expresse
             termes
             ;
             
               The
               King
               of
            
             France
             
               pretends
               to
               have
               this
               pr●viledge
               ,
               that
               hee
               cannot
               bee
               excommunicated
               neither
               by
               the
               Canons
               ,
               nor
               by
               men
               .
               As
               the
               Doctours
               collect
               in
               the
               division
               of
               the
               chapter
               ,
               Vbi
               Periculum
               in
               princip
               .
               de
               elect
               .
               in
            
             6.
             
             When
             the
             Parliament
             of
             Paris
             gave
             their
             opinion
             ,
             and
             all
             the
             Chambers
             met
             together
             about
             receiving
             the
             Cardinall
             
               d'
               Amboise
            
             ,
             and
             the
             qualifications
             that
             should
             bee
             put
             to
             his
             Faculties
             ,
             (
             which
             was
             upon
             the
             eleventh
             of
             December
             1501
             )
             .
             The
             lawes
             of
             the
             Land
             ,
             and
             the
             liberties
             of
             the
             Gallicane
             Church
             were
             represented
             at
             large
             ,
             amongst
             which
             this
             was
             one
             ,
             
               That
               the
               King
               of
            
             France
             
               cannot
               bee
               excommunicated
               ,
               that
               his
               Kingdome
               cannot
               bee
               put
               in
               interdict
               ,
               as
               is
               collected
               out
               of
               the
               ancient
               Registers
               .
            
          
           
             7
             Yet
             notwithstanding
             alwaies
             ,
             as
             oft
             as
             the
             Popes
             have
             gone
             about
             to
             attempt
             any
             such
             excommunications
             ,
             whether
             by
             their
             owne
             proper
             authority
             ,
             or
             joyntly
             with
             Councels
             ,
             they
             have
             found
             strong
             resistance
             :
             and
             the
             French
             have
             got
             this
             commendation
             ,
             that
             they
             never
             abandoned
             their
             Princes
             in
             such
             conflicts
             .
             The
             Histories
             thereof
             are
             knowne
             to
             all
             men
             ;
             and
             they
             have
             been
             so
             canvased
             in
             divers
             writings
             set
             out
             during
             our
             late
             troubles
             ,
             that
             it
             will
             bee
             fitting
             to
             overpasse
             them
             ,
             that
             wee
             renew
             not
             the
             memorie
             of
             our
             former
             miseries
             .
             We
             will
             only
             say
             that
             some
             Popes
             have
             in
             good
             sincerity
             acknowledged
             this
             right
             and
             prerogative
             of
             our
             Kings
             :
             yea
             ,
             which
             is
             more
             ,
             they
             have
             confirmed
             it
             by
             their
             Buls
             ;
             declaring
             thereby
             that
             the
             King
             of
             France
             cannot
             bee
             excommunicated
             ,
             nor
             his
             Kingdome
             interdicted
             :
             and
             amongst
             others
             ,
             Martin
             the
             third
             and
             fourth
             ;
             Gregory
             the
             eighth
             ,
             ninth
             ,
             tenth
             ,
             and
             eleventh
             ;
             Alexander
             the
             fourth
             ;
             Clement
             the
             fourth
             and
             fifth
             ;
             Nicholas
             the
             third
             ;
             Vrban
             the
             fifth
             ;
             and
             Boniface
             the
             twelfth
             ,
             whose
             Buls
             are
             yet
             preserved
             in
             the
             
             treasurie
             of
             the
             Kings
             Charters
             ,
             
             as
             divers
             testifie
             .
          
           
             8
             Pope
             Benedict
             th'
             eleventh
             ,
             partly
             (
             as
             it
             is
             probable
             )
             upon
             this
             occasion
             ,
             revoked
             the
             excommunication
             which
             was
             denounced
             by
             Boniface
             the
             eight
             his
             predecessour
             ,
             against
             Philip
             the
             Faire
             ,
             of
             his
             own
             meere
             motion
             ,
             and
             without
             being
             desired
             unto
             it
             by
             any
             man
             ,
             (
             as
             Walsingam
             witnesseth
             )
             
               He
               absolved
            
             (
             saith
             he
             )
             Philip
             
               the
               Faire
               King
               of
            
             France
             ,
             
               from
               the
               sentence
               of
               excommunication
               given
               out
               against
               him
               by
               his
               predecessour
               ,
               without
               being
               desired
               to
               it
               .
            
             Wee
             read
             the
             Bull
             thereof
             to
             this
             day
             in
             Mr.
             
               Nicholas
               Gille
            
             in
             his
             Annals
             of
             Aquitain
             .
             Amongst
             the
             testimonies
             of
             Popes
             ,
             wee
             will
             put
             that
             of
             Sylvester
             the
             second
             ,
             for
             the
             judgement
             which
             he
             passed
             before
             he
             was
             preferred
             to
             the
             Popedome
             ,
             and
             the
             excommunication
             which
             the
             Pope
             that
             then
             was
             threatned
             against
             the
             King
             ,
             and
             some
             Prelates
             of
             this
             Kingdome
             .
             See
             here
             the
             place
             taken
             out
             of
             one
             of
             his
             Epistles
             which
             hee
             writ
             to
             the
             Arch-Bishop
             of
             Sens
             :
          
           
             9
             
               I
               say
               confidently
               and
               boldly
               ,
               that
               if
               a
               Bishop
               of
            
             Rome
             
               hath
               offended
               against
               his
               brother
               ,
               and
               will
               not
               give
               eare
               to
               the
               admonitions
               which
               should
               bee
               divers
               times
               given
               by
               the
               Church
               ,
               I
               say
               that
               same
               Bishop
               of
            
             Rome
             
               by
               the
               commandement
               of
               God
               ,
               must
               bee
               accounted
               as
               an
               Heathen
               and
               a
               Publicane
               :
               For
               by
               how
               much
               the
               degree
               is
               higher
               ,
               by
               so
               much
               the
               fall
               is
               greater
               .
               But
               if
               hee
               account
               us
               unworthie
               of
               his
               communion
               ,
               forasmuch
               as
               none
               of
               us
               will
               consent
               with
               him
               in
               that
               which
               is
               against
               the
               Gospel
               ,
               hee
               cannot
               therefore
               separate
               us
               from
               the
               communion
               of
               Christ.
            
             And
             presently
             after
             ;
             
               We
               should
               not
               therefore
               give
               this
               advantage
               to
               our
               ill-willers
               ,
               as
               to
               make
               the
               Priesthood
               ,
               which
               is
               but
               one
               in
               all
               places
               ,
               as
               the
               Catholique
               Church
               is
               but
               one
               ,
               seeme
               to
               bee
               subject
               to
               one
               man
               only
               ;
               in
               such
               sort
               ,
               that
               if
               hee
               be
               corrupted
               by
               money
               ,
               or
               favour
               ,
               or
               fear
               ,
               or
               ignorance
               ,
               no
               man
               can
               bee
               Priest
               but
               hee
               that
               shall
               be
               commended
               unto
               him
               by
               such
               virtues
               as
               these
               .
            
          
           
             10
             Whence
             wee
             collect
             ,
             that
             the
             Popes
             have
             no
             more
             power
             over
             our
             Kings
             ,
             in
             matter
             of
             excommunications
             ,
             than
             other
             Bishops
             ,
             whether
             of
             their
             owne
             Kingdome
             ,
             or
             strangers
             .
             The
             Courts
             of
             Parliament
             of
             this
             Realme
             (
             and
             especially
             that
             of
             Paris
             )
             have
             alwaies
             stood
             out
             against
             such
             excommunications
             ,
             and
             have
             declared
             them
             to
             bee
             frivolous
             ,
             nullities
             ,
             and
             abusive
             :
             yea
             and
             have
             proceeded
             with
             rigour
             and
             severitie
             against
             the
             bearers
             of
             them
             .
             The
             Arrests
             given
             out
             against
             the
             Buls
             of
             Benedict
             the
             thirteenth
             ,
             the
             two
             Gregories
             the
             thirteenth
             and
             fourteenth
             ,
             are
             sufficient
             witnesses
             hereof
             .
             Now
             it
             is
             not
             only
             true
             that
             our
             Kings
             cannot
             be
             excommunicated
             :
             but
             ,
             which
             is
             more
             ,
             they
             may
             absolve
             such
             of
             their
             subjects
             as
             are
             excluded
             from
             the
             Communion
             of
             the
             Church
             :
             yea
             they
             are
             accounted
             to
             restore
             them
             to
             their
             former
             state
             ,
             by
             the
             meere
             admitting
             of
             them
             to
             their
             table
             ,
             or
             into
             their
             company
             .
             This
             is
             a
             thing
             which
             wee
             finde
             upon
             record
             in
             the
             Capitularie
             of
             Charles
             the
             Great
             ,
             in
             these
             words
             ;
             
               If
               the
               Royall
               power
               doe
               receive
               any
               delinquents
               into
               favour
               ,
               or
               admit
               them
               to
               his
               table
               ,
               they
               shall
               be
               likewise
               received
               into
               the
               assemblies
               of
               the
               people
               and
               Clergy
               in
               Ecclesiasticall
               communion
               ;
               to
               the
               intent
               that
               the
               ministers
               of
               God
               may
               not
               reject
               what
               the
               pietie
               of
               the
               Prince
               doth
               admit
               .
            
             The
             Prelats
             of
             France
             have
             observed
             this
             law
             at
             other
             times
             .
             Ivo
             Bishop
             of
             Chartres
             saith
             ,
             hee
             practised
             it
             towards
             one
             Gervase
             ,
             
             and
             hee
             sets
             downe
             the
             words
             of
             this
             Ordinance
             .
             In
             another
             epistle
             he
             gives
             us
             to
             wit
             ,
             that
             our
             Kings
             have
             this
             priviledge
             ,
             not
             only
             for
             other
             men
             ,
             but
             for
             themselves
             too
             :
             
             Kings
             (
             saith
             hee
             )
             
               sho●ld
               not
               bee
               exasperated
               by
               us
               :
               but
               in
               case
               they
               will
               not
               rest
               quiet
               for
               all
               our
               admonitions
               ,
               they
               must
               be
               left
               to
               the
               divine
               judgement
               .
               Hence
               it
               is
               that
               wee
               read
               in
               the
               Capitularie
               Royall
               ,
               concluded
               upon
               by
               the
               authoritie
               of
               the
               Bishops
               :
               If
               the
               Royall
               power
               ,
               &c.
               
            
          
           
             11
             Now
             this
             priviledge
             that
             they
             cannot
             bee
             excommunicated
             ,
             is
             no
             new
             thing
             .
             Clement
             the
             fourth
             in
             one
             of
             his
             Decretals
             ,
             confirmes
             this
             privildge
             
             granted
             to
             the
             Kings
             ,
             Queens
             ,
             and
             their
             children
             ,
             that
             they
             cannot
             be
             excommunicate
             ,
             nor
             their
             lands
             interdicted
             .
             
             Which
             
               Iohn
               Andreas
            
             extends
             to
             the
             brethren
             of
             Kings
             ,
             so
             they
             be
             children
             of
             Kings
             too
             ;
             but
             not
             to
             such
             as
             are
             only
             brethren
             and
             no
             more
             .
             For
             example
             :
             If
             (
             saith
             he
             )
             
               〈◊〉
               that
               is
               no
               Kings
               sonne
               should
               succeed
               in
               a
               Kingdome
               ,
               where
               such
               a
               proviso
               is
               made
               ;
               as
               suppose
               in
               the
               Kingdome
               of
            
             France
             
               at
               this
               present
               ,
               the
               Kings
               brethren
               shall
               not
               enjoy
               this
               priviledge
               .
               But
               when
               ,
               according
               to
               the
               ordinarie
               custome
               ,
               the
               eldest
               succeeds
               in
               the
               Kingdome
               ,
               and
               hath
               brethren
               by
               the
               fathers
               side
               ,
               they
               enjoy
               this
               privildge
               ,
               forasmuch
               as
               they
               are
               children
               of
               the
               same
               head
               .
            
             This
             instanceing
             in
             France
             shewes
             that
             our
             Kings
             are
             of
             the
             number
             of
             those
             that
             have
             this
             priviledge
             ,
             that
             they
             cannot
             bee
             excommunicated
             ,
             nor
             interdicted
             
               à
               quocunque
            
             ,
             as
             the
             Decr●tall
             hath
             it
             ,
             that
             is
             ,
             
               By
               any
               man
               whatsoever
            
             :
             Which
             may
             be
             understood
             as
             well
             of
             the
             Pope
             himselfe
             as
             of
             others
             .
             'T
             is
             true
             the
             glosse
             excepts
             him
             ,
             as
             also
             his
             Legat
             
               à
               latere
            
             :
             but
             that
             doth
             not
             take
             place
             against
             our
             Kings
             ,
             who
             by
             reason
             of
             their
             great
             deservings
             ,
             and
             good
             deeds
             to
             the
             Church
             ,
             are
             exempt
             from
             all
             such
             thunderclaps
             .
          
        
         
           
             CHAP.
             IV.
             That
             the
             Councel
             useth
             commanding
             termes
             to
             Kings
             and
             Emperours
             ;
             and
             makes
             them
             executioners
             of
             the
             Bishops
             Decrees
             .
             Of
             the
             honour
             which
             was
             anciently
             done
             unto
             them
             by
             Clergy
             men
             .
          
           
             1
             OVr
             Councell
             is
             not
             content
             with
             clipping
             the
             rights
             ,
             authorities
             and
             prerogatives
             of
             Kings●
             Princes
             ,
             and
             other
             Lords
             ,
             to
             enhanse
             that
             of
             Rome
             ;
             but
             further
             ,
             it
             tramples
             them
             under
             foot
             :
             makes
             them
             but
             officers
             and
             ministers
             to
             Bishops
             ,
             by
             commanding
             them
             to
             execute
             what
             these
             ordaine
             .
             
               The
               holy
               Councell
               (
               say
               they
               )
               doth
               further
               exhort
               all
               Kings
               ,
               Princes
               ,
               Common-wealths
               ,
               and
               Magistrates
               ,
               and
               by
               virtue
               of
               holy
               Obedience
               doth
               command
               them
               ,
               to
               interpose
               their
               aid
               and
               authoritie
               in
               behalfe
               of
               the
               said
               Bishops
               ,
               Abbats
               ,
               Generals
               ,
               and
               others
               which
               have
               the
               charge
               and
               superintendence
               for
               the
               putting
               of
               the
               said
               reformation
               in
               execution
               ,
               every
               time
               ,
               and
               as
               oft
               as
               they
               shall
               be
               thereunto
               required
               :
               to
               the
               intent
               that
               they
               may
               without
               any
               impediment
               put
               in
               execution
               the
               things
               aforesaid
               ,
               to
               the
               glory
               of
               almighty
               God.
               
            
          
           
             2
             Had
             there
             beene
             no
             more
             but
             a
             bare
             exhortation
             it
             had
             beene
             well
             enough
             :
             but
             this
             command
             founds
             somewhat
             harsh
             ,
             however
             it
             be
             mitigated
             with
             the
             sweet
             appearance
             of
             a
             holy
             obedience
             :
             for
             't
             is
             well
             knowne
             in
             what
             fashion
             they
             serve
             themselves
             of
             these
             faire
             words
             .
             This
             Mandamu●
             is
             extraordinary
             ,
             and
             was
             never
             vented
             but
             from
             the
             stomachs
             of
             ambitious
             Popes
             or
             their
             Conventicles
             .
             Let
             a
             man
             but
             reade
             the
             Acts
             of
             ancient
             Councels
             Generall
             or
             Provinciall
             ,
             he
             shall
             finde
             nothing
             but
             humble
             petitions
             ,
             sweet
             exhortations
             ,
             prayers
             and
             blessings
             for
             as
             much
             as
             concernes
             Emperours
             ,
             Kings
             ,
             and
             Princes
             ;
             commands
             to
             them
             were
             not
             heard
             of
             then
             .
             They
             are
             the
             men
             who
             alone
             have
             the
             fountain
             and
             arsenall
             in
             their
             owne
             hands
             ,
             both
             for
             things
             
             temporall
             and
             spirituall
             ;
             
             who
             impart
             them
             to
             whom
             they
             thinke
             good
             .
             Ecclesiastiques
             have
             nothing
             to
             do
             but
             by
             way
             of
             petition
             :
             they
             have
             neither
             command
             nor
             Empire
             ,
             unlesse
             they
             cozen
             the
             Monarchs
             of
             the
             earth
             of
             it
             :
             they
             are
             Physicians
             of
             soules
             ,
             subject
             to
             secular
             powers
             ,
             having
             no
             weapons
             at
             all
             but
             censures
             and
             anathema's
             against
             such
             as
             are
             perverse
             and
             irregular
             .
             This
             Mandamus
             therefore
             is
             injust
             both
             in
             regard
             of
             those
             which
             give
             it
             ,
             and
             those
             to
             whom
             it
             is
             given
             :
             so
             it
             is
             too
             in
             regard
             of
             the
             subject
             and
             reason
             for
             which
             it
             was
             made
             :
             in
             as
             much
             as
             by
             virtue
             hereof
             Princes
             and
             Monarchs
             must
             be
             bound
             to
             obey
             the
             Clergie
             of
             their
             Empires
             and
             Kingdomes
             ,
             and
             that
             even
             to
             the
             meanest
             of
             them
             :
             They
             must
             be
             bound
             to
             assist
             them
             with
             a
             strong
             hand
             ,
             to
             put
             their
             ordinances
             in
             execution
             every
             time
             ,
             and
             as
             oft
             as
             they
             shall
             bee
             required
             thereunto
             :
             and
             in
             case
             they
             faile
             herein
             there
             will
             not
             want
             thunderbolts
             to
             deprive
             them
             of
             their
             Empires
             and
             Dominions
             .
          
           
             3
             In
             another
             Decree
             they
             sharply
             rebuke
             such
             Bishops
             as
             debase
             themselves
             too
             much
             to
             Kings
             and
             Princes
             ,
             and
             give
             place
             and
             submit
             to
             them
             in
             point
             of
             honour
             .
             'T
             is
             true
             ,
             they
             speake
             at
             first
             of
             pettie
             Kings
             and
             other
             Lords
             ;
             but
             the
             end
             of
             the
             Decree
             relates
             also
             to
             such
             as
             are
             of
             greater
             ranke
             ;
             where
             it
             is
             said
             by
             way
             of
             command
             to
             Bishops
             ,
             
             
               That
               as
               well
               within
               the
               Church
               as
               without
               ,
               having
               before
               their
               eyes
               their
               place
               and
               order
               ,
               they
               should
               ever
               remember
               that
               they
               are
               Fathers
               and
               Pastours
               .
               And
               as
               for
               Princes
               and
               all
               others
               ,
               that
               they
               doe
               fatherly
               honour
               and
               due
               reverence
               to
               them
               .
            
          
           
             4
             In
             the
             same
             Decree
             they
             renew
             and
             confirme
             all
             the
             former
             Decrees
             and
             Decretals
             which
             speake
             of
             the
             honour
             of
             Bishops
             ,
             and
             put
             them
             in
             course
             :
             which
             are
             noted
             in
             the
             margent
             by
             the
             Popes
             expositors
             :
             and
             amongst
             others
             the
             Epistle
             of
             Innocent
             the
             third
             writ
             to
             the
             Emperour
             of
             Constantinople
             ,
             
             whom
             some
             thinke
             to
             be
             Baldwin
             or
             his
             brother
             Henry
             ,
             who
             were
             Frenchmen
             ,
             towards
             the
             end
             whereof
             it
             is
             said
             ,
             
               If
               the
               Imperiall
               greatnesse
               would
               wisely
               consider
               these
               things
               ,
               it
               would
               not
               suffer
               the
               Patriarch
               of
               Constantinople
               ,
               who
               is
               in
               truth
               a
               great
               and
               honourable
               member
               of
               the
               Church
               ,
               to
               sit
               over
               against
               his
               footstoole
               ,
               and
               upon
               the
               left
               hand
               :
               considering
               that
               other
               Kings
               and
               Princes
               doe
               with
               reverence
               stand
               up
               ,
               as
               they
               should
               doe
               ,
               before
               their
               Archbishops
               and
               Bishops
               ,
               and
               allow
               them
               a
               venerable
               place
               next
               after
               themselves
               .
            
             Gregory
             the
             thirteenth
             in
             his
             new
             purgation
             of
             the
             Decretalls
             hath
             put
             this
             note
             upon
             it
             ,
             
               See
               here
            
             (
             saith
             he
             )
             
               the
               Councell
               of
            
             Trent
             ,
             
               in
               the
               twenty
               fift
               Session
               ,
               and
               seventeenth
               Chapter
               of
               reformation
               .
            
             But
             let
             us
             here
             adde
             the
             rest
             of
             the
             places
             in
             the
             margent
             ,
             that
             wee
             may
             better
             know
             what
             honour
             this
             Councell
             would
             have
             Kings
             and
             Princes
             doe
             to
             Bishops
             .
          
           
             5
             The
             Canon
             Valentinianus
             containes
             the
             resolution
             which
             the
             Emperour
             Valentinian
             made
             concerning
             the
             election
             of
             Saint
             Ambrose
             ,
             and
             the
             exhortation
             which
             he
             made
             to
             the
             Bishops
             then
             present
             when
             the
             question
             was
             concerning
             proceeding
             to
             the
             election
             ,
             
               Set
               such
               a
               one
               (
               saith
               he
               )
               in
               the
               Pontificall
               See
               ,
               as
               we
               that
               governe
               the
               Empire
               may
               sincerely
               put
               our
               heads
               under
               his
               hands
               ,
               and
               receive
               his
               admonitions
               (
               inasmuch
               as
               we
               shall
               offend
               ,
               as
               men
               )
               like
               medicines
               from
               a
               necessarie
               Physician
               .
            
             See
             here
             words
             that
             beseeme
             a
             Christian
             Emperour
             indeed
             ,
             who
             gives
             Clergie
             men
             that
             reverence
             which
             is
             due
             unto
             them
             as
             Physicians
             of
             soules
             .
             But
             the
             Glossatour
             ,
             conforming
             himselfe
             to
             the
             ambition
             of
             Rome
             ,
             referres
             all
             this
             to
             worldly
             honours
             and
             vanities
             .
             
               Set
               here
               an
               argument
            
             (
             saith
             he
             )
             
               to
               prove
               that
               the
               Emperour
               is
               inferiour
               to
               a
               Bishop
               ,
               and
               that
               he
               may
               bee
               excommunicated
               by
               a
               Bishop
               .
            
             T
             is
             true
             that
             on
             the
             other
             side
             hee
             seemes
             to
             favour
             the
             Emperour
             ,
             by
             giving
             him
             an
             office
             in
             the
             Church
             ,
             and
             making
             him
             Archdeacon
             :
             for
             expounding
             the
             word
             Ordinem
             ,
             hee
             saith
             ,
             
               From
               this
               word
               some
               have
               affirmed
               that
               the
               Emperour
               should
               have
               the
               Order
               of
               Subdeacon
               in
               the
               Church
               :
               but
               it
               is
               not
               true
               ,
               because
               hee
               hath
               a
               militarie
               character
               ;
               yet
               howsoever
               hee
               performes
               the
               office
               
               of
               Subdeacon
               when
               hee
               serves
               the
               Bishop
               .
            
             O
             bravely
             thrust
             !
             
          
           
             6
             Gregory
             the
             seventh●
             in
             an
             Epistle
             which
             he
             sent
             to
             the
             Bishop
             of
             Mentz
             speakes
             yet
             in
             a
             more
             loftie
             style
             for
             point
             of
             honour
             .
             
               Who
               makes
               question
               (
               saith
               he
               )
               but
               the
               Priests
               of
               Christ
               are
               reputed
               for
               the
               Fathers
               and
               Masters
               of
               Kings
               and
               Princes
               ,
               and
               all
               the
               faithfull
               ?
               
               Is
               it
               not
               knowne
               that
               't
               is
               a
               miserable
               madnesse
               if
               the
               sonne
               should
               goe
               about
               to
               dominere
               over
               his
               father●
               or
               the
               scholler
               over
               his
               master
               ?
               and
               by
               some
               unlawfull
               obligations
               to
               bring
               him
               under
               his
               power
               by
               whom
               he
               may
               be
               bound
               and
               unbound
               ,
               not
               only
               upon
               earth
               but
               in
               heaven
               also
               ?
            
             The
             glosse
             makes
             an
             exception
             :
             
               Yet
               if
               the
               father
               should
               grow
               franticke
               ,
               the
               son
               should
               be
               made
               Tutour
               over
               him
               ,
               to
               governe
               him
               .
            
             He
             that
             shall
             reade
             Cardinall
             Benno
             upon
             the
             life
             of
             this
             Pope
             ,
             and
             others
             that
             have
             made
             mention
             of
             him
             ,
             will
             finde
             that
             this
             is
             not
             much
             beside
             the
             cushion
             .
          
           
             7
             Pope
             Iohn
             the
             eighth
             saith
             ,
             
               That
               t
               is
               Gods
               will
               the
               disposall
               of
               the
               Church
               should
               belong
               to
               the
               Clergie
               ,
               
               and
               not
               to
               secular
               Princes
               :
               who
               if
               they
               be
               of
               the
               number
               of
               the
               faithful
               his
               will
               is
               they
               should
               be
               subject
               to
               the
               Clergie
               .
            
             He
             addes
             yet
             further
             :
             
               That
               Christian
               Emperours
               ought
               to
               submit
               their
               executions
               to
               Ecclesiasticall
               Prelates
               ,
               and
               not
               to
               preferre
               them
               .
            
             Pope
             Gelasius
             writ
             to
             the
             Orientall
             Bishops
             ,
             
               That
               Christian
               Princes
               were
               wont
               to
               obey
               the
               Decrees
               of
               the
               Church
               ,
               and
               not
               preferre
               their
               owne
               power
               .
               To
               submit
               their
               owne
               heads
               to
               Bishops
               ,
               not
               sit
               as
               Iudges
               of
               theirs
               .
            
             These
             are
             the
             Glosses
             of
             the
             Councell
             of
             Trent
             upon
             the
             forecited
             Decree
             :
             all
             taken
             out
             of
             Gratians
             Decree
             ;
             all
             hammered
             out
             and
             whetted
             in
             the
             Popes
             forge
             .
          
           
             8
             They
             forgot
             that
             Decretall
             of
             Clement
             the
             third
             ,
             
             
               Saint
               Peter
               commanded
               (
               saith
               he
               )
               that
               all
               Princes
               of
               the
               earth
               ,
               and
               all
               other
               men
               besides
               ,
               should
               obey
               Bishops
               .
            
             The
             Glossatour
             infers
             :
             
               Ergo
               ,
               The
               Princes
               of
               the
               earth
               are
               inferiour
               to
               Bishops
               .
               Which
               is
               true
               .
               But
               if
               the
               King
               have
               many
               Bishopriques
               within
               his
               Realme
               ,
               before
               which
               of
               them
               shall
               he
               treat
               of
               his
               spirituall
               cases
               ?
               Hee
               shall
               treat
               of
               them
               before
               that
               Bishop
               in
               whose
               territorie
               hee
               makes
               his
               principall
               residence
               .
            
             Which
             glosse
             is
             approved
             and
             followed
             by
             the
             Canonists
             that
             comment
             upon
             that
             place
             .
             And
             wee
             need
             not
             wonder
             if
             they
             would
             have
             the
             King
             to
             repaire
             to
             the
             Bishop
             to
             treat
             of
             spirituall
             matters
             .
             For
             there
             are
             some
             of
             them
             that
             left
             it
             in
             writing
             ,
             that
             if
             the
             Bishops
             bee
             out
             of
             the
             fiefs
             or
             mannors
             which
             they
             hold
             ,
             they
             are
             not
             bound
             to
             call
             Kings
             by
             their
             names
             ,
             nor
             to
             acknowledge
             them
             for
             Kings
             ,
             not
             so
             much
             as
             for
             the
             goods
             temporall
             of
             the
             Church
             .
             It
             is
             a
             Pope
             that
             pronounced
             this
             sentence
             ,
             by
             name
             Innocent
             the
             third
             .
          
           
             9
             We
             forgot
             to
             tell
             how
             our
             Canonists
             are
             entered
             upon
             a
             profound
             piece
             of
             Philosopie
             ,
             to
             know
             exactly
             how
             much
             the
             Sun
             is
             bigger
             than
             the
             Moone
             :
             for
             without
             the
             knowledge
             of
             this
             point
             they
             cannot
             resolve
             how
             much
             the
             Papall
             dignitie
             surpasseth
             the
             Imperiall
             ,
             inasmuch
             as
             this
             is
             the
             ell
             with
             which
             they
             must
             be
             measured
             ;
             the
             Pope
             being
             by
             Innocent
             the
             third
             compared
             to
             the
             Sunne
             ,
             and
             the
             Emperour
             to
             the
             Moone
             .
             The
             Glosse
             upon
             that
             Chapter
             determines
             the
             case
             thus
             :
             
               Wherefore
               seeing
               the
               Earth
               is
               seven
               times
               bigger
               than
               the
               Moone
               ,
               and
               the
               Sunne
               eight
               times
               bigger
               than
               the
               Earth
               ,
               it
               followes
               that
               the
               Papall
               dignitie
               is
               fortie
               seven
               times
               bigger
               than
               the
               Royall
               .
            
             
               Iohn
               Andreas
            
             observes
             there
             is
             a
             fault
             in
             this
             glosse
             .
             
               In
               other
               copies
               (
               saith
               he
               )
               it
               is
               ten
               times
               foure
               ;
               in
               others●
               fortie
               times
               :
               but
               neither
               this
               nor
               that
               can
               stand
               with
               the
               supputation
               of
               the
               Glosse
               .
               For
               if
               the
               Earth
               be
               seven
               times
               greater
               than
               the
               Moone
               ,
               and
               the
               Sunne
               eight
               times
               greater
               than
               the
               Earth
               ,
               the
               Sunne
               must
               then
               be
               eight
               times
               seven
               times
               greater
               than
               the
               Moone
               ,
               and
               therefore
               it
               is
               fifty
               six
               times
               greater
               .
            
             For
             eight
             times
             seven
             make
             fifty
             six
             .
             Pope
             Gregory
             in
             his
             censure
             upon
             this
             place
             ,
             takes
             notice
             of
             this
             diversity
             of
             reading
             ,
             which
             is
             more
             to
             his
             owne
             advantage
             .
             
               In
               other
               copies
            
             (
             saith
             he
             )
             
               it
               is
               fifty
               times
               seven
               
               times
               .
            
             
             
               But
               for
               the
               quantity
               of
               the
               Sunne
               and
               Moone
               and
               Earth
               ,
               and
               how
               much
               greater
               one
               of
               them
               is
               than
               another
               ,
               see
            
             Ptolomie
             
               in
               hi●
               fift
               Booke
               and
               sixt
               Chapter
               .
            
             It
             was
             requisite
             to
             observe
             that
             ;
             for
             by
             this
             meanes
             the
             Popes
             greatnesse
             is
             tenne
             times
             greater
             .
             But
             see
             here
             another
             addition
             yet
             ,
             which
             helpes
             well
             to
             augment
             the
             score
             .
             Here
             Laurence
             (
             saith
             the
             addition
             )
             
               cites
               the
               saying
               of
            
             Ptolomy
             ;
             
               it
               is
               evident
               that
               the
               greatnesse
               of
               the
               Sunne
               containes
               the
               greatnesse
               of
               the
               Earth
               one
               hundred
               forty
               seven
               times
               and
               two
               halfe
               parts
               more
               .
               It
               is
               also
               well
               knowne
               to
               every
               body
               that
               the
               greatnesse
               of
               the
               Sunne
               containes
               the
               greatnesse
               of
               the
               Moon
               seven
               thousand
               seven
               hundred
               forty
               foure
               times
               ,
               and
               one
               halfe
               more
               .
            
             See
             here
             how
             they
             write
             of
             this
             point
             ,
             it
             being
             to
             be
             feared
             they
             will
             never
             disintangle
             themselves
             out
             of
             these
             doubts
             but
             by
             the
             determination
             of
             a
             Councell
             ;
             and
             further
             it
             will
             be
             necessary
             that
             they
             imploy
             some
             surveyou●
             in
             the
             busines
             .
             And
             if
             in
             the
             meane
             time
             the
             Sunne
             should
             happen
             to
             decrease
             ,
             or
             the
             Moone
             to
             encrease
             ,
             there
             would
             be
             a
             great
             many
             amaz'd
             with
             it
             .
          
           
             10
             Though
             this
             be
             but
             a
             sport
             ,
             yet
             no
             man
             of
             judgement
             but
             will
             bee
             more
             readie
             to
             weepe
             than
             to
             laugh
             at
             it
             .
             For
             this
             vanitie
             hath
             made
             men
             renounce
             the
             simplicitie
             of
             Christianitie
             ,
             to
             runne
             after
             the
             world
             ,
             and
             glut
             themselves
             with
             vanities
             .
             This
             Ecclesiasticall
             ambition
             begunne
             to
             grow
             up
             as
             high
             as
             Origens
             times
             .
             
               We
               are
               in
               such
               a
               taking
               (
               saith
               hee
               ,
               speaking
               of
               the
               Prelates
               of
               his
               times
               )
               that
               we
               seeme
               to
               outvie
               the
               pride
               of
               the
               Princes
               of
               this
               world
               ;
               either
               because
               we
               doe
               not
               understand
               ,
               or
               doe
               not
               respect
               the
               commandment
               of
               Christ
               :
               and
               after
               the
               fashion
               of
               Kings
               wee
               desire
               to
               have
               weapons
               of
               terrour
               to
               march
               before
               us
               .
            
             Saint
             Chrysostome
             saith
             likewise
             ,
             
               That
               the
               Princes
               of
               this
               world
               are
               for
               ruling
               over
               such
               as
               are
               inferiour
               to
               them
               ,
               for
               bringing
               them
               into
               subjection
               ,
               and
               spoiling
               them
               (
               when
               they
               deserve
               it
               )
               and
               for
               serving
               their
               turnes
               of
               them
               ,
               to
               their
               commodity
               and
               for
               their
               honour
               ,
               even
               to
               death
               .
               But
               the
               Prelates
               of
               the
               Church
               are
               ordained
               to
               serve
               such
               as
               are
               inferiour
               to
               them
               ,
               and
               to
               minister
               unto
               them
               all
               that
               they
               have
               received
               from
               Christ
               ,
               &c.
               
               It
               is
               not
               then
               either
               just
               or
               profitable
               to
               desire
               primacy
               in
               the
               Church
               .
               For
               what
               wise
               man
               is
               there
               that
               ,
               with
               his
               good
               wil
               ,
               would
               submit
               himself
               to
               such
               a
               servitude
               ,
               and
               undergoe
               such
               a
               danger
               ,
               as
               to
               bee
               bound
               to
               give
               account
               for
               all
               the
               Church
               ,
               unlesse
               perhaps
               some
               that
               is
               not
               afraid
               of
               Gods
               judgement
               ,
               abusing
               his
               Ecclesiasticall
               primacy
               in
               a
               worldly
               way
               ,
               by
               converting
               it
               into
               a
               secular
               power
               ?
            
             And
             what
             is
             this
             else
             but
             turning
             the
             Ecclesiasticall
             dignity
             into
             a
             secular
             ,
             to
             dispute
             so
             much
             about
             honour
             and
             place
             ,
             not
             against
             other
             Ecclesiastiques
             (
             which
             were
             more
             tolerable
             )
             but
             against
             the
             Princes
             of
             the
             earth
             ,
             the
             respect
             and
             observance
             of
             whom
             was
             so
             much
             recommended
             unto
             them
             ?
             to
             declare
             them
             their
             inferiours
             ,
             their
             subjects
             ,
             their
             vassals
             ,
             perverting
             all
             order
             both
             divine
             and
             humane
             ?
             Where
             is
             there
             any
             earthly
             Prince
             or
             Monarch
             that
             ever
             made
             such
             a
             goodly
             shew
             and
             boast
             of
             their
             greatnesses
             and
             preheminences
             as
             the
             Popes
             have
             done
             ?
             For
             what
             wee
             say
             here
             is
             nothing
             in
             comparison
             of
             what
             we
             have
             delivered
             in
             the
             second
             Booke
             .
          
           
             11
             Pope
             Leo
             the
             first
             in
             an
             epistle
             of
             his
             to
             the
             Emperour
             Martian
             writes
             to
             him
             in
             another
             manner
             style
             than
             would
             bee
             used
             at
             this
             day
             .
             
               Forasmuch
               (
               saith
               he
               )
               as
               your
               pietie
               and
               most
               religious
               pleasure
               ought
               in
               all
               things
               to
               bee
               obeyed
               ,
               I
               have
               willingly
               contributed
               my
               opinion
               and
               advice
               to
               the
               Synodicall
               Constitutions
               ,
               which
               pleased
               and
               liked
               me
               well
               ,
               concerning
               the
               confirmation
               of
               the
               Catholique
               Faith
               ,
               and
               the
               condemnation
               of
               heretiques
               .
               Your
               Clemency
               will
               be
               pleased
               to
               take
               order
               by
               your
               command
               ,
               that
               these
               things
               may
               come
               to
               the
               knowledge
               of
               the
               Clergie
               and
               Church
               .
            
             Pope
             Gregory
             the
             Great
             speakes
             in
             like
             manner
             to
             the
             Emperour
             Maurice
             in
             one
             of
             his
             epistles
             .
             
               In
               obedience
               to
               the
               commands
               of
               my
               Lords
               I
               have
               writ
               to
               my
               said
               fellow
               Bishop
               with
               all
               sweetnesse
               and
               humilitie
               .
               
            
             An
             ancient
             Authour
             writes
             ,
             
               That
               when
               the
               Emperours
               by
               their
               Ambassadours
               commanded
               the
               Popes
               to
               come
               
               to
               Constantinople
               ,
               they
               did
               not
               faile
               to
               repaire
               thither
               ,
               
               although
               they
               were
               afraid
               to
               be
               sent
               into
               banishment
               .
            
          
           
             12
             One
             of
             our
             French
             Monkes
             testifies
             that
             the
             Popes
             were
             wont
             to
             adore
             the
             Emperours
             ;
             and
             that
             Leo
             the
             second
             did
             so
             to
             Charles
             the
             Great
             .
             Pope
             Leo
             (
             saith
             he
             )
             
               set
               the
               crowne
               upon
               his
               head
               ,
               all
               the
               people
               of
            
             Rome
             
               shouting
               out
            
             ,
             
             
               Life
               and
               victory
               to
            
             Charles
             Augustus
             ,
             
               crowned
               by
               God
               ,
               the
               Great
               ,
               and
               peacefull
               Emperour
               of
               the
            
             Romanes
             .
             
               After
               which
               acclamations
               hee
               was
               adored
               by
               the
               same
               Pope
               ,
               after
               the
               manner
               of
               ancient
               Princes
               .
               Francis
               Guicciardine
            
             relates
             that
             about
             the
             same
             time
             of
             the
             same
             Emperour
             ,
             
               The
               Popes
               were
               wont
               to
               put
               these
               words
               in
               their
               Buls
               ,
               to
               shew
               the
               date
               of
               them
               ,
               Imperante
            
             Carolo
             
               domino
               nostro
            
             .
          
           
             13
             In
             the
             Acts
             of
             the
             Councell
             of
             Meaux
             holden
             in
             the
             yeare
             eight
             hundred
             fortie
             five
             ,
             under
             Charles
             the
             younger
             ,
             King
             of
             France
             ,
             we
             reade
             this
             Chapter
             taken
             out
             of
             another
             French
             Councell
             .
             
             
               If
               any
               man
               out
               of
               a
               swolne
               and
               contumacious
               spirit
               be
               so
               bold
               ,
               as
               against
               all
               authority
               and
               reason
               ,
               obstinately
               to
               contradict
               the
               Royall
               power
               ,
               which
               is
               given
               by
               God
               ,
               as
               the
               Apostle
               saith
               :
               and
               if
               hee
               peremptorily
               refuse
               to
               obey
               his
               just
               and
               reasonable
               commands
               ,
               according
               to
               God
               and
               Ecclesiasticall
               authority
               ,
               and
               the
               law
               Civill
               ,
               let
               him
               be
               accursed
               .
            
             The
             ancient
             Councels
             ,
             both
             Generall
             and
             particular
             ,
             are
             full
             of
             titles
             of
             honour
             and
             termes
             of
             respect
             and
             reverence
             towards
             Kings
             and
             Emperours
             .
             Miserable
             age●
             That
             we
             should
             bee
             now
             put
             to
             it
             to
             insist
             upon
             such
             discourses
             as
             these
             ,
             to
             keepe
             within
             compasse
             the
             ambition
             and
             vanitie
             of
             such
             as
             cannot
             ●ee
             commended
             but
             for
             their
             holy
             humility
             especially
             .
          
        
         
           
             CHAP.
             V.
             The
             authority
             of
             Kings
             and
             Emperours
             for
             as
             much
             as
             concernes
             the
             Church
             and
             Clergie
             .
          
           
             1
             WEE
             have
             seene
             already
             the
             power
             of
             Kings
             and
             Princes
             made
             nothing
             of
             ,
             and
             enslaved
             to
             Churchmen
             ;
             their
             honour
             debased
             ,
             their
             place
             usurped
             ,
             their
             majesty
             disregarded
             .
             Now
             over
             and
             above
             what
             hath
             beene
             delivered
             particularly
             upon
             every
             point
             already
             ,
             wee
             must
             here
             shew
             that
             the
             authority
             and
             dignity
             which
             they
             have
             in
             the
             Church
             is
             but
             to
             cleare
             the
             doubt
             which
             our
             Canonists
             raise
             ,
             Whether
             the
             Emperour
             deserve
             to
             have
             a
             Subdeacons
             place
             .
             Kings
             and
             Princes
             being
             ordained
             by
             God
             ,
             in
             such
             sort
             that
             all
             their
             subjects
             ,
             even
             the
             Ecclesiastiques
             themselves
             ,
             are
             bound
             to
             give
             honour
             and
             obedience
             to
             them
             ,
             have
             both
             the
             powers
             in
             their
             owne
             hand
             ,
             the
             Ecclesiasticall
             and
             the
             Civill●
             which
             they
             exercise
             either
             by
             themselves
             immediately
             ,
             or
             by
             those
             upon
             whom
             they
             bestow
             them
             .
          
           
             2
             Marsilius
             of
             Padua
             proves
             it
             by
             many
             pertinent
             reasons
             ,
             
             which
             would
             be
             too
             long
             to
             produce
             ,
             in
             the
             fourth
             ,
             fift
             ,
             and
             ninth
             Chapters
             of
             the
             second
             part
             of
             his
             
               Defensor
               pacis
            
             .
             And
             in
             another
             place
             he
             saith
             ,
             
               Whence
               it
               appeares
               to
               be
               true
               what
               we
               have
               already
               set
               downe
               ;
               that
               the
               coactive
               authority
               ,
               as
               well
               over
               Clergy
               men
               as
               others
               ,
               belongs
               to
               the
               humane
               Lawgiver
               ,
               or
               to
               him
               that
               rules
               in
               his
               behalfe
               .
            
             And
             
               de
               Ferrariis
            
             the
             Practitioner
             saith
             ,
             
               Thou
               must
               know
               thou
               Ignoramus
               ,
               that
               the
               Empire
               had
               sometimes
               both
               the
               swords
               ,
               the
               temporall
               
               and
               the
               spirituall
               .
            
             
             
               In
               such
               sort
               as
               the
               Emperours
               then
               bestowed
               all
               the
               Ecclesiasticall
               livings
               in
               the
               world
               ,
               and
               which
               is
               more
               ,
               did
               elect
               the
               Pope
               .
            
             At
             this
             present
             they
             doe
             make
             but
             little
             use
             of
             this
             power
             which
             hath
             beene
             taken
             from
             them
             by
             usurpation
             ,
             as
             we
             have
             said
             elsewhere
             .
             Yet
             for
             all
             that
             they
             doe
             not
             cease
             to
             have
             a
             right
             unto
             it
             ,
             and
             one
             day
             or
             other
             may
             recover
             it
             .
             For
             in
             these
             and
             such
             like
             cases
             ,
             prescription
             hath
             no
             place
             .
             They
             have
             such
             a
             stroke
             and
             authority
             in
             the
             Church
             ,
             that
             they
             are
             counted
             the
             protectors
             of
             it
             ,
             the
             patrons
             ,
             defendors
             ,
             and
             preservers
             of
             it
             ,
             not
             as
             executioners
             of
             the
             Ordinances
             and
             Injuctions
             of
             Priests
             ,
             (
             for
             this
             is
             all
             the
             authoritie
             which
             our
             Councell
             and
             the
             Popes
             Doctors
             allowes
             them
             )
             but
             as
             principall
             members
             ,
             as
             those
             who
             have
             the
             power
             in
             their
             owne
             hands
             over
             all
             things
             .
          
           
             3
             Charles
             the
             sixth
             in
             an
             ordinance
             of
             his
             dated
             the
             eighteenth
             of
             February
             1406
             ,
             made
             by
             the
             Councell
             and
             assistance
             of
             the
             Lords
             and
             Clergy
             of
             his
             Realme
             ,
             saith
             ,
             
             
               That
               the
               Royall
               power
               is
               ordained
               by
               God
               for
               the
               preservation
               of
               the
               Church
               ,
               and
               that
               the
               kingdome
               of
               heaven
               increaseth
               by
               meanes
               of
               the
               earthly
               Kingdome
               ,
               when
               those
               which
               destroy
               the
               Church
               are
               crushed
               by
               the
               rigour
               of
               Princes
               .
               That
               the
               sacred
               Canons
               will
               have
               recourse
               to
               be
               made
               unto
               Princes
               ,
               when
               such
               things
               are
               committed
               by
               great
               men
               in
               the
               Church
               ,
               and
               that
               according
               to
               the
               opinion
               of
               holy
               Doctours
               the
               Pope
               ought
               not
               to
               bee
               obeyed
               in
               such
               things
               wherein
               the
               state
               of
               the
               Church
               is
               notoriously
               disturbed
               .
            
             And
             in
             another
             of
             the
             seventeenth
             of
             April
             1410.
             
             
               These
               things
               being
               considered
               that
               it
               belongs
               unto
               us
               who
               are
               the
               Guardian
               ,
               Protectour
               ,
               and
               Defendour
               of
               the
               Churches
               of
               our
               Kingdome
               ,
               and
               of
            
             Dauphinie
             ,
             
               and
               who
               have
               ratified
               and
               approved
               the
               Statutes
               and
               Ordinances
               aforesaid
               ,
               made
               in
               the
               Councell
               aforesaid
               ,
               to
               cause
               all
               this
               and
               all
               that
               followes
               upon
               it
               to
               be
               observed
               and
               kept
               inviolable
               ,
               &c.
               
            
          
           
             
             4
             The
             Parliament
             of
             Paris
             in
             the
             Remonstrance
             made
             by
             Lewes
             the
             eleventh
             touching
             the
             defence
             of
             the
             Pragmatique
             Sanction
             ,
             hath
             inserted
             this
             Article
             
               Item
               ,
               it
               belongs
               to
               our
               Soveraigne
               Lord
               the
               King
               who
               is
               the
               principall
               founder
               ,
               guardian
               ,
               protectour
               and
               defendour
               of
               the
               liberties
               of
               this
               Church
               ,
               when
               she
               suffers
               in
               her
               liberties
               ,
               to
               assemble
               and
               call
               together
               the
               Prelates
               ,
               and
               other
               Clergie-men
               ,
               as
               well
               within
               this
               Realme
               ,
               as
               of
            
             Dauphiny
             ,
             
               and
               in
               the
               same
               assembly
               and
               congregation
               of
               the
            
             Gallicane
             
               Church
               so
               called
               together
               ,
               there
               to
               preside
               and
               provide
               a
               remedy
               against
               such
               attempts
               as
               may
               be
               prejudiciall
               to
               the
               said
               liberties
               ,
               as
               it
               shall
               be
               said
               hereafter
               .
            
          
           
             5
             The
             three
             Estates
             assembled
             at
             Tours
             the
             yeare
             1483
             ,
             in
             their
             Remonstrance
             presented
             to
             the
             same
             King
             Lewes
             th'
             eleventh
             ,
             say
             thus
             :
             
               That
               the
               king
               by
               reason
               of
               his
               crowne
               as
               well
               of
               common
               right
               ,
               as
               by
               the
               consultation
               and
               request
               of
               all
               the
               Church
               of
            
             France
             and
             Dauphinie
             ,
             
               is
               ,
               as
               the
               former
               Kings
               his
               predecessours
               were
               ,
               the
               protectour
               and
               defendour
               of
               the
               holy
               Decrees
               ,
               liberties
               ,
               and
               franchises
               of
               the
               Church
               of
               his
               Kingdome
               and
            
             Dauphinie
             .
          
           
             9
             According
             hereunto
             every
             time
             ,
             and
             as
             often
             as
             there
             have
             been
             any
             troubles
             or
             disorders
             in
             the
             Church
             ,
             or
             when
             any
             question
             was
             about
             proceeding
             to
             some
             greater
             reformation
             ,
             the
             Emperours
             and
             Kings
             have
             put
             their
             hands
             unto
             it
             ,
             and
             have
             applyed
             the
             remedie
             ,
             either
             upon
             their
             owne
             meere
             motion
             ,
             or
             at
             the
             request
             of
             others
             .
             Which
             is
             verified
             by
             the
             example
             of
             Kings
             
               Hezekias
               ,
               Who
               in
               the
               first
               year
               of
               his
               reigne
               ,
               in
               the
               first
               moneth
               ,
            
             
             
               opened
               the
               doores
               of
               the
               house
               of
               the
               Lord
               ,
               and
               repaired
               them
               ;
               and
               hee
               brought
               in
               the
               Priests
               and
               the
               Levites
               ,
               and
               commanded
               them
               to
               sanctifie
               the
               house
               of
               the
               Lord
               ,
               and
               carry
               forth
               the
               filthinesse
               out
               of
               the
               holy
               place
               ,
               and
               the
               Levites
               rose
               ,
               and
               they
               gathered
               their
               brethren
               and
               came
               according
               to
               the
               commandment
               of
               the
               King
               ,
               by
               the
               words
               of
               the
               Lord
               ,
               to
               cleanse
               the
               house
               of
               the
               Lord.
            
             The
             same
             Hezekiah
             cast
             out
             idolatry
             which
             by
             little
             and
             little
             had
             crept
             into
             the
             Temple
             of
             God.
             
               He
               removed
               the
               high
               places●
               and
               brake
               the
               images
               ,
               and
               cut
               downe
               the
               groves
               ,
               and
               breake
               in
               pieces
               the
               brason
               Serpent
               that
            
             Moses
             
               had
               made
            
             ,
             
             
               for
               untill
               those
               dayes
               the
               children
               of
            
             Israel
             
             
               did
               burne
               incense
               to
               it
            
             .
             The
             book
             of
             the
             Law
             being
             found
             after
             it
             had
             beene
             a
             long
             time
             lost
             ,
             King
             Iosias
             commanded
             Hilkiah
             the
             High
             Priest
             ,
             
             and
             some
             others
             to
             goe
             to
             Huldah
             the
             Prophetesse
             to
             enquire
             concerning
             this
             booke
             .
             Having
             heard
             their
             report
             after
             their
             returne
             ,
             
               he
               went
               up
               into
               the
               house
               of
               the
               Lord
               ,
            
             
             
               and
               all
               the
               men
               of
            
             Iudah
             
               and
               all
               the
               inhabitants
               of
            
             Ierusalem
             
               with
               him
               ,
               and
               the
               Priests
               ,
               and
               the
               Prophets
               ,
               and
               all
               the
               people
               both
               small
               and
               great
               ,
               and
               hee
               read
               in
               their
               eares
               all
               the
               words
               of
               the
               book
               of
               the
               Covenant
               which
               was
               found
               in
               the
               house
               of
               the
               Lord.
               And
               he
               made
               a
               covenant
               before
               the
               Lord
               ,
               to
               walke
               after
               the
               Lord
               ,
               and
               to
               keepe
               his
               commandements
               ,
               and
               his
               testimonies
               ,
               and
               his
               statutes
               ,
               with
               all
               their
               heart
               .
               And
               he
               commanded
            
             Hilkiah
             
               the
               high
               Priest
               ,
               and
               the
               Priests
               of
               the
               second
               order
               ,
               and
               the
               keepers
               of
               the
               doore
               ,
               to
               bring
               forth
               out
               of
               the
               Temple
               of
               the
               Lord
               all
               the
               vessels
               that
               were
               made
               for
            
             Baal
             .
             
               And
               he
               put
               downe
               the
               idolatrous
               Priests
               whom
               the
               Kings
               of
            
             Iudah
             
               had
               ordained
               to
               burne
               incense
               ,
               and
               destroyed
               their
               altars
               :
            
             And
             did
             other
             such
             like
             things
             concerning
             the
             order
             and
             discipline
             of
             the
             Church
             .
          
           
             7
             Let
             us
             prove
             this
             further
             by
             the
             example
             and
             ●estimonies
             of
             Popes
             .
             
               The
               fourth
               Councell
               (
               saith
               Zonaras
               )
               was
               called
               by
               reason
               of
               th●
               instance
               which
               was
               made
               by
               Leo
               Pope
               of
               Rome
               ,
               and
               Anatolius
               Patriar●h
               of
               new
               Rome
               ,
               
               to
               the
               Emperour
               Martian
               ,
               that
               the
               opinions
               of
               Dios●oru●●●t●ia●ch
               ●●t●ia●ch
               of
               Alexandria
               ,
               and
               Eu●ych●s
               might
               not
               remaine
               unexamined
               ,
               and
               that
               the
               crime
               committed
               against
               St.
               Flavian
               ,
               might
               not
               bee
               slurred
               over
               under
               hand
               .
            
             Pope
             Boniface
             the
             first
             intreats
             the
             Emperour
             Honorius
             in
             his
             letters
             ,
             
             to
             take
             order
             that
             they
             doe
             not
             proceed
             to
             the
             Creation
             of
             the
             Pope
             by
             corruption
             ;
             which
             gave
             him
             occasion
             to
             make
             a
             Decree
             thereupon
             .
             Wee
             have
             related
             the
             passages
             of
             it
             in
             another
             place
             .
          
           
             8
             Pope
             Gregory
             the
             first
             writ
             to
             Aldebert
             King
             of
             England
             in
             these
             termes
             ;
             
               Most
               glorious
               Sonne
               ,
               
               bee
               diligent
               to
               preserve
               that
               grace
               you
               have
               received
               from
               God
               :
               make
               haste
               to
               extend
               the
               Christian
               faith
               over
               all
               people
               which
               are
               subject
               to
               you
               :
               multiplie
               the
               zeal
               of
               your
               upright●esse
               by
               their
               conversion
               :
               take
               away
               the
               service
               of
               Idols
               ,
               pull
               down
               the
               e●ifices
               of
               their
               temples
               ,
               exhorting
               thereunto
               the
               minds
               of
               your
               subjects
               ,
               in
               great
               uprightnesse
               and
               purity
               of
               life
               ;
               edifie
               them
               by
               frighting
               ,
               by
               flattering●
               by
               correcting
               them
               ,
               that
               so
               you
               may
               be
               rewarded
               in
               heaven
               by
               him
               whose
               name
               and
               knowledge
               you
               shall
               have
               to
               dilated
               upon
               earth
               .
            
             The
             same
             St.
             Gregorie
             writ
             to
             Childebert
             ,
             King
             of
             France
             in
             this
             manner
             .
             
             
               For
               as
               much
               as
               wee
               have
               beene
               informed
               of
               certaine
               things
               which
               doe
               highly
               offend
               Almighty
               God
               ,
               and
               doe
               greatly
               disgrace
               the
               honour
               and
               reverence
               of
               the
               Priesthood
               ,
               wee
               intreat
               you
               to
               take
               order
               that
               such
               things
               may
               be
               mended
               by
               the
               censure
               of
               your
               power
               .
            
             And
             to
             King
             Theodebert
             thus
             ;
             
             
               This
               would
               be
               absolutely
               profitable
               for
               your
               Kingdome
               ,
               if
               that
               which
               is
               committed
               against
               God
               within
               your
               Dominions
               were
               corrected
               by
               such
               reformation
               as
               your
               excellence
               shall
               applie
               unto
               it
               .
            
          
           
             9
             The
             Acts
             of
             a
             Synod
             holden
             at
             Rome
             in
             the
             year
             876
             ,
             about
             the
             Coronation
             of
             Charles
             the
             second
             ,
             son
             to
             Lewes
             the
             Gentle
             ,
             
             containes
             a
             certain
             proposition
             made
             by
             Pope
             Iohn
             the
             eight
             ,
             where
             amongst
             oth●r
             things
             ,
             speaking
             of
             Charles
             the
             Great
             ,
             he
             saith
             of
             him
             .
             
               That
               having
               raised
               all
               the
               Churches
               to
               a
               mighty
               greatnesse
               ,
               hee
               had
               alwaies
               this
               wish
               and
               desire
               ,
               of
               reforming
               a●d
               restoring
               the
               holy
               Roman
               Church
               to
               her
               first
               order
               and
               estate
               .
            
             Hee
             addes
             presently
             after
             ;
             
               That
               hee
               learned
               the
               state
               of
               Religion
               out
               of
               holy
               writ●
               which
               he
               found
               to
               be
               unhusbanded
               ,
               and
               overgrowne
               with
               the
               thornes
               of
               divers
               errours
               and
               abuses
               :
               That
               he
               trim'd
               it
               up
               with
               knowledge
               both
               divine
               and
               humane
               ,
               purg'd
               it
               from
               errours
               ,
               and
               furnisht
               it
               with
               sure
               and
               certaine
               doctrines
               .
            
          
           
             10
             Iohn
             of
             Paris
             ,
             
             a
             Fryer
             Predicant
             ,
             who
             lived
             about
             the
             year
             1280
             ,
             saith
             ,
             
               That
               it
               is
               lawfull
               for
               a
               Prince
               to
               repell
               the
               abuses
               of
               the
               spirituall
               sword
               in
               such
               sort
               as
               hee
               may
               proceed
               by
               the
               Materiall
               sword
               :
               especially
               when
               the
               
               abuse
               of
               the
               spirituall
               sword
               turnes
               to
               the
               prejudice
               of
               the
               common-wealth
               ,
               
               the
               care
               whereof
               belongs
               unto
               the
               Kings
               ;
               otherwise
               hee
               should
               beare
               the
               sword
               in
               vaine
               .
            
          
           
             11
             
               Claudius
               Espenseus
            
             a
             Doctour
             of
             the
             Sorbon
             ,
             
             in
             an
             epistle
             of
             his
             printed
             1547
             ,
             where
             he
             treats
             of
             the
             institution
             of
             a
             Prince
             ,
             teacheth
             ,
             that
             it
             belongs
             to
             a
             Prince
             to
             take
             upon
             him
             the
             reformation
             of
             the
             Church
             ,
             then
             especiallie
             when
             shee
             is
             full
             of
             so
             great
             abuses
             ,
             errours
             ,
             and
             heresies
             .
             And
             upon
             the
             Epistle
             to
             Titus
             .
             
               I
               will
               here
               adde
               one
               thing
               (
               saith
               he
               )
               for
               feare
               lest
               any
               bodie
               should
               thinke
               that
               it
               concernes
               Princes
               ,
               onely
               that
               prophane
               things
               succeed
               well
               ,
               and
               not
               sacred
               too
               ;
               as
               if
               they
               were
               only
               keepers
               of
               the
               second
               table
               of
               the
               Decalogue
               which
               concernes
               our
               neighbour
               ,
               and
               not
               of
               the
               first
               also
               which
               concernes
               God
               and
               the
               Church
               .
               Secular
               Princes
               have
               got
               the
               higher
               degree
               of
               power
               in
               the
               Church
               ,
               therby
               to
               fortifie
               Ecclesiasticall
               discipline
               ,
               that
               they
               may
               command
               with
               terrour
               what
               the
               Clergy
               cannot
               doe
               by
               their
               bare
               word
               ;
               and
               the
               heavenly
               Kingdome
               may
               bee
               advanced
               by
               the
               earthly
               .
            
             According
             hereunto
             wee
             may
             affirme
             that
             the
             great
             schismes
             and
             divisions
             ,
             which
             have
             dismembred
             all
             the
             Church
             in
             these
             later
             daies
             ,
             have
             beene
             appeased
             and
             accorded
             especially
             by
             the
             authoritie
             of
             Kings
             and
             Princes
             .
          
           
             12
             The
             Emperour
             Henry
             the
             third
             ,
             seeing
             the
             abuse
             which
             was
             at
             Rome
             by
             meanes
             of
             the
             creation
             of
             three
             Popes
             ,
             
             to
             wit
             ,
             Bennet
             the
             ninth
             ,
             Sylvester
             the
             third
             ,
             and
             Gregorie
             the
             sixth
             ,
             yea
             of
             a
             fourth
             too
             ,
             namely
             Gratian
             who
             had
             drawne
             over
             the
             rest
             by
             briberie
             ,
             presently
             made
             thitherwards
             ,
             and
             called
             a
             Councell
             ,
             and
             made
             them
             bee
             dismissed
             ,
             and
             another
             substituted
             in
             their
             stead
             by
             lawfull
             election
             .
             Frederick
             the
             first
             to
             remove
             the
             schisme
             betwixt
             the
             two
             Popes
             ,
             Victor
             ,
             and
             Alexander
             the
             third
             .
             
               By
               the
               counsell
               and
               advice
               of
               his
               Princes
               (
               saith
               Radenicus
               )
               resolved
               with
               himself
               to
               take
               care
               that
               neither
               the
               state
               of
               the
               Church
               ,
               
               nor
               the
               Common-wealth
               of
               the
               Empire
               should
               receive
               any
               damage
               thereby
               :
               And
               hearing
               that
               both
               of
               them
               had
               beene
               elected
               &
               consecrated
               Bishops
               ,
               and
               that
               the
               one
               had
               excommunicated
               the
               other
               ,
               he
               thought
               that
               this
               difference
               could
               not
               bee
               determined
               but
               by
               a
               Councell
               .
            
             Hee
             therefore
             called
             one
             ,
             after
             the
             example
             of
             the
             ancient
             Emperors
             ,
             and
             summoned
             both
             the
             parties
             to
             it
             ,
             caused
             one
             to
             be
             condemned
             for
             not
             appearing
             ,
             to
             wit
             ,
             Alexander
             ,
             and
             the
             other
             to
             bee
             confirmed
             as
             lawfully
             elect
             .
             
               As
               soone
               as
               the
               Emperor
               Sigismund
               was
               preferr'd
               to
               the
               Empire
               ,
               (
               saith
               the
               German
               Chronicle
               )
               he
               put
               on
               this
               resolution
               ,
               
               not
               to
               spare
               any
               paines
               for
               the
               pacifying
               of
               the
               Church
               ,
               which
               was
               then
               miserably
               rent
               with
               divers
               factions
               ,
               more
               like
               a
               most
               confused
               Chaos
               ,
               than
               a
               Congregation
               of
               faithfull
               men
               ,
               and
               Saints
               of
               God.
               Hee
               sent
               certaine
               Ambassadours
               to
               the
               Popes
               ,
               and
               to
               the
               Bishops
               ,
               to
               compose
               the
               affaires
               of
               the
               Church
               ,
               and
               make
               an
               agreement
               betwixt
               the
               Popes
               .
            
             Which
             hee
             did
             so
             well
             ,
             that
             notwithstanding
             the
             collusion
             which
             was
             between
             them
             and
             all
             the
             Legierdemaine
             ,
             the
             Councell
             of
             Constance
             was
             celebrated
             ,
             where
             all
             those
             Popes
             which
             were
             no
             lesse
             than
             three
             in
             number
             were
             deposed
             ,
             namely
             Iohn
             the
             23
             ,
             Gregory
             the
             12
             ,
             and
             Bennet
             the
             13
             ,
             and
             Martin
             the
             5
             was
             chosen
             in
             their
             place
             .
          
           
             13
             The
             same
             Emperour
             ,
             together
             with
             other
             Christian
             Princes
             ,
             did
             oppose
             Eugenius
             the
             fourth
             ,
             
             about
             a
             translation
             of
             the
             Councell
             of
             Basil
             which
             hee
             would
             have
             made
             ,
             and
             they
             caused
             it
             to
             continue
             ,
             in
             such
             sort
             that
             hee
             himselfe
             was
             there
             deposed
             .
             The
             Emperour
             Maximilian
             ,
             and
             King
             Lewes
             the
             twelfth
             proceeded
             to
             the
             convocation
             of
             the
             second
             Councell
             of
             Pisa
             ,
             to
             reforme
             such
             disorders
             as
             were
             in
             the
             Church
             ,
             
             seeing
             that
             Iulius
             the
             second
             made
             no
             reckoning
             of
             them
             .
             The
             Emperour
             in
             his
             command
             saith
             among
             other
             things
             ,
             
               That
               the
               Pope
               and
               Cardinals
               not
               performing
               their
               dutie
               in
               this
               particular
               ,
               hee
               would
               not
               doe
               as
               they
               did
               ,
               for
               feare
               lest
               God
               should
               accuse
               him
               of
               negligence
               :
               inasmuch
               ●s
               they
               behaving
               themselves
               negligently
               herein
               ,
               we
            
             (
             saith
             he
             )
             
             
               as
               Emperour
               ,
               Protectour
               ,
               and
               defender
               of
               the
               holy
               mother
               Church
               ,
               are
               bound
               ,
               forasmuch
               as
               lies
               in
               our
               power
               ,
               to
               relieve
               so
               great
               necessities
               .
            
             
             King
             Lewes
             sent
             out
             a
             commandement
             of
             the
             like
             nature
             ,
             which
             beginnes
             thus
             ;
             
               Be
               it
               knowne
               unto
               all
               and
               every
               man
               present
               and
               to
               come
               that
               as
               our
               ancestours
               have
               alwaies
               beene
               not
               only
               favourers
               and
               assistants
               ,
               but
               also
               most
               vigilant
               champions
               ,
               most
               good
               and
               constant
               defenders
               of
               the
               Christian
               faith
               ,
               and
               the
               holy
               Roman
               Church
               ,
               in
               all
               matters
               of
               importance
               ,
               without
               sparing
               any
               paines
               or
               danger●
               we
               ,
               following
               the
               steps
               of
               our
               predecessours
               ,
               considering
               what
               great
               profit
               generall
               Councels
               have
               brought
               to
               the
               Christian
               Common-wealth
               ,
               and
               what
               damage
               the
               Church
               Catholique
               hath
               received
               by
               the
               intermission
               of
               them
               ,
               and
               the
               gr●at
               necessitie
               which
               there
               is
               at
               this
               present
               ,
               to
               assemble
               a
               Councel
               of
               the
               Church
               Catholique
               for
               the
               rooting
               out
               of
               heresies
               ,
               schismes
               and
               factions
               in
               divers
               parts
               of
               the
               world
               ,
               for
               the
               reformation
               of
               manners
               in
               the
               Church
               ,
               and
               punishment
               of
               crimes
               which
               are
               too
               notorious
               ,
               too
               lasting
               ,
               and
               incorrigible
               both
               in
               the
               head
               and
               members
               ,
               to
               establish
               the
               peace
               of
               Christians
               ,
               to
               discharge
               our selves
               of
               our
               dutie
               towards
               God.
               Wee
               have
               deputed
               our
               well-beloved
               and
               trustie
               Mr.
               Iohn
               de
               Biragua
               Chancellour
               of
               our
               Exchequer
               for
               the
               Dutchie
               of
               
                 Millain
                 ,
                 Balthasar
                 Plat
              
               another
               of
               the
               Proctour●
               of
               our
               Exchequer
               ,
               to
               signifie
               and
               assemble
               a
               generall
               Councell
               in
               our
               name
               ,
               or
               together
               with
               our
               welbeloved
               brother
               Maximilian
               the
               most
               sacr●d
               Emperour
               ,
               &c.
               
            
          
           
             14
             This
             is
             not
             the
             first
             time
             that
             our
             Kings
             have
             travailed
             abo●t
             the
             Convocation
             of
             Generall
             Councels
             .
             Charles
             the
             sixth
             bestirr'd
             himselfe
             to
             remove
             the
             schisme
             which
             was
             betwixt
             Bennet
             the
             thirteenth
             ,
             and
             Boniface
             the
             ninth
             ,
             and
             to
             dispose
             all
             the
             Princes
             of
             Christendome
             for
             the
             same
             designe
             ,
             according
             to
             the
             testimonie
             of
             an
             English
             Historian
             ;
             
               Hee
               heard
               with
               patience
            
             (
             saith
             he
             )
             
               the
               Legats
               of
               either
               Pope
               :
               but
               by
               the
               advice
               of
               his
               devines
               hee
               would
               not
               submit
               himselfe
               ,
               neither
               to
               the
               one
               nor
               the
               other
               .
            
             
             
               Hee
               rather
               thought
               upon
               a
               meanes
               whereby
               hee
               might
               relieve
               the
               Church
               by
               removing
               out
               of
               her
               all
               matter
               of
               dissention
               .
               Having
               therefore
               sent
               his
               Ambassadours
               to
               the
               Emperour
               ,
               (
               whose
               authoritie
               ,
               faith
               and
               affection
               ought
               to
               surpas●e
               that
               of
               other
               men
               )
               as
               also
               to
               the
               Kings
               of
            
             England
             ,
             Bohemia
             and
             Hungaria
             ,
             
               he
               conjured
               them
               not
               to
               bee
               wanting
               to
               the
               publique
               good
               and
               tranquillitie
               .
            
             All
             men
             of
             any
             judgement
             doe
             well
             know
             that
             the
             peace
             of
             the
             Church
             must
             come
             out
             of
             this
             quarter
             .
             This
             may
             bee
             done
             when
             it
             shall
             please
             the
             divine
             bountie
             to
             touch
             the
             heart
             of
             our
             Soveraigne
             Prince
             ,
             who
             hath
             greater
             meanes
             than
             any
             other
             to
             acquire
             this
             honour
             .
             God
             hath
             made
             him
             peaceable
             ,
             that
             so
             he
             may
             procure
             this
             good
             to
             Christendome
             .
             O
             great
             Prince
             hearken
             to
             the
             complaints
             which
             your
             Vniversitie
             of
             Paris
             addressed
             to
             King
             Charles
             the
             sixth
             ,
             one
             of
             your
             Predecessours
             ,
             and
             apply
             them
             to
             your selfe
             .
          
           
             15
             
               Indeavour
               for
               this
               peace
               ,
               
               and
               for
               the
               safetie
               of
               your
               foster
               mother
               the
               Church
               ,
               and
               imploy
               to
               that
               end
               (
               most
               Christian
               Prince
               )
               all
               your
               strength
               as
               you
               have
               begunne
               to
               doe
               :
               cure
               this
               maladie
               :
               looke
               upon
               her
               which
               is
               desolate
               :
               have
               pitie
               upon
               her
               which
               is
               oppressed
               :
               relieve
               her
               which
               is
               undeservedly
               dejected
               :
               stretch
               forth
               your
               helping
               hand
               to
               her
               which
               is
               extreamelie
               weake
               ,
               and
               which
               is
               not
               able
               to
               rise
               out
               of
               her
               bed
               :
               Doe
               not
               deferre
               any
               longer
               to
               hear
               her
               which
               implores
               your
               aid
               with
               continual
               sighs
               ,
               and
               plaints
               ,
               and
               groanes
               :
               Preferre
               this
               before
               all
               care
               of
               temporall
               things
               ,
               how
               profitable
               and
               usefull
               soever
               they
               bee
               .
               This
               onely
               businesse
               ought
               to
               bee
               preferr'd
               before
               all
               others
               ,
               inasmuch
               as
               all
               others
               will
               have
               a
               more
               happie
               successe
               by
               reason
               of
               this
               ,
               and
               the
               honour
               of
               your
               Kingdome
               ,
               which
               you
               have
               got
               by
               your
               ancestours
               shall
               bee
               preserved
               unto
               you
               and
               to
               this
               Realme
               .
               O
               that
               you
               would
               remember
               that
               you
               alone
               doe
               not
               beare
               the
               title
               of
               [
               most
               Christian
               ]
               in
               vaine
               ,
               but
               because
               that
               your
               ancestours
               did
               ever
               succour
               the
               Church
               in
               all
               
               her
               necessities
               above
               all
               others
               .
               
               Loose
               not
               this
               priviledge
               ,
               this
               so
               noble
               and
               magnificent
               title
               .
               Doe
               not
               suffer
               any
               man
               to
               take
               this
               honour
               from
               you
               .
               Doe
               not
               suffer
               your selfe
               to
               bee
               outvied
               in
               it
               :
               Defend
               your
               right
               ,
               your
               name
               ,
               your
               honor
               ,
               let
               the
               hopes
               of
               al
               Catholiques
               ,
               and
               your
               brethren
               in
               Christ
               move
               you
               ,
               which
               in
               this
               matter
               depends
               totally
               upon
               your
               person
               :
               for
               both
               all
               Catholique
               Princes
               ,
               and
               all
               others
               doe
               waite
               upon
               your
               hand
               in
               this
               affaire
               ,
               as
               upon
               him
               to
               whom
               it
               does
               belong
               most
               of
               right
               ,
               of
               custome
               ,
               of
               power
               ,
               and
               other
               respects
               .
               Let
               the
               renowned
               and
               immortall
               praise
               of
               the
               thing
               it selfe
               move
               you
               to
               erect
               a
               perpetuall
               monument
               of
               your
               name
               ,
               in
               the
               hearts
               and
               mouths
               of
               all
               men
               .
            
          
           
             
             16
             A
             German
             Devine
             ,
             Provost
             of
             the
             Church
             of
             Worms
             ,
             made
             a
             petition
             and
             exhortation
             almost
             like
             the
             former
             ,
             which
             hee
             exhibited
             to
             one
             of
             our
             Kings
             :
             whether
             it
             was
             to
             the
             former
             or
             no
             ,
             I
             know
             not
             ;
             but
             at
             least
             thus
             much
             wee
             know
             ,
             hee
             was
             of
             the
             same
             name
             .
             For
             in
             an
             Epistle
             which
             bears
             this
             inscription
             in
             the
             front
             ,
             
               De
               Schismate
               ,
               epistola
               Conradi
               ad
               Regem
               Carolum
               ad
               faciendam
               Synodum
               ,
            
             towards
             the
             end
             thereof
             he
             bespeaks
             him
             in
             these
             words
             ;
             Now
             
               I
               will
               addresse
               the
               last
               part
               of
               my
               rude
               language
               to
               you
               ,
               most
               devout
               and
               most
               Christian
               King
               of
            
             France
             .
             
               Being
               such
               and
               so
               great
               as
               you
               are
               ,
               set
               your
               minde
               ,
               O
               Prince
               ,
               upon
               such
               things
               as
               belong
               to
               Princes
               ,
               so
               shall
               you
               bee
               above
               the
               Heads
               .
               What
               will
               you
               thinke
               upon
               then
               ?
               surely
               upon
               this
               ,
               that
               peace
               may
               bee
               made
               by
               your
               Prowesse
               .
               You
               thinke
               upon
               this
               that
               you
               are
               a
               King
               :
               thinke
               also
               that
               if
               you
               would
               reig●e
               long
               in
               happinesse
               ,
               it
               is
               written
               of
               you
               ;
               The
               King
               which
               sits
               upon
               the
               seat
               of
               justice
               ●●th
               disperse
               all
               evill
               .
               Let
               no
               man
               seduce
               you
               by
               vaine
               words
               .
               Honour
               and
               fulfill
               your
               ministerie
               .
               But
               how
               ?
               Certes
               that
               such
               as
               are
               farre
               off
               and
               such
               as
               are
               neare
               ,
               may
               both
               have
               peace
               by
               your
               meanes
               :
               that
               the
               rents
               of
               holy
               mother
               Church
               may
               be
               sowed
               up
               by
               you
               :
               I
               say
               the
               cōmon
               mother
               both
               of
               you
               and
               us
               :
               who
               hath
               fed
               you
               with
               her
               brests
               ,
               from
               whose
               mouth
               you
               have
               received
               the
               honey
               of
               regeneration
               ,
               and
               the
               milke
               of
               Christian
               doctrine
               :
               a
               streame
               of
               bloud
               ,
               springing
               from
               the
               side
               of
               her
               spouse
               ,
               who
               was
               stretched
               out
               for
               you
               upon
               the
               tree
               of
               the
               crosse
               ,
               hath
               adorned
               your
               cheeks
               .
               And
               therefore
               her
               cause
               is
               yours
               ;
               her
               wrong
               is
               your
               wrong
               .
               Arise
               ,
               O
               Prince
               ,
               arise
               up
               against
               it
               ;
               build
               a
               wall
               for
               the
               house
               of
            
             Israel
             
               and
               fight
            
             .
             And
             afterwards
             hee
             addes
             ,
             
               Above
               all
               things
               you
               must
               strive
               for
               this
               ,
               O
               glorious
               King
               ,
               and
               long
               after
               it
               with
               all
               your
               heart
               ,
               and
               labour
               for
               it
               with
               all
               your
               might
               ,
               that
               there
               may
               bee
               a
               Generall
               Councell
               called
               ,
               at
               which
               without
               the
               effusion
               of
               bloud
               ,
               by
               the
               grace
               of
               God
               ,
               all
               things
               may
               be
               reduced
               to
               peace
               and
               concord
               .
            
          
           
             17
             Now
             this
             Prince
             ,
             whether
             it
             was
             Charles
             the
             sixt
             or
             the
             seventh
             ,
             (
             for
             it
             must
             be
             one
             of
             the
             two
             )
             put
             his
             hand
             to
             the
             reformation
             of
             the
             Church
             prettie
             handsomly
             .
             For
             under
             the
             first
             there
             was
             a
             kinde
             of
             neutralitie
             made
             ,
             in
             such
             sort
             that
             there
             was
             no
             acknowledging
             of
             Popes
             in
             France
             :
             there
             were
             also
             many
             goodly
             Ordinances
             set
             out
             against
             the
             abuses
             of
             Popes
             and
             of
             the
             Court
             of
             Rome
             :
             the
             Councell
             of
             Constance
             was
             held
             also
             under
             him
             ;
             where
             the
             power
             of
             the
             Pope
             ,
             which
             was
             formerly
             without
             either
             beginning
             or
             end
             (
             as
             they
             use
             to
             say
             )
             was
             confined
             within
             certaine
             bound●
             and
             limits
             .
             To
             which
             Councell
             he
             did
             contribute
             his
             Ambassadors
             ,
             and
             many
             learned
             Devines
             ;
             among
             the
             rest
             the
             great
             Cardinall
             of
             Cambray
             ,
             Mr.
             
               Iohn
               Gerson
            
             ,
             as
             also
             the
             Vniversitie
             of
             Paris
             ,
             which
             had
             no
             meane
             authoritie
             there
             ,
             as
             we
             collect
             from
             the
             Acts
             themselves
             .
             
             Vnder
             the
             other
             were
             holden
             the
             Councels
             of
             
               Pavie
               ,
               Siena
            
             ,
             and
             that
             famous
             one
             of
             Basil
             ,
             which
             made
             some
             strong
             assaults
             to
             moderate
             that
             unbridled
             power
             of
             Popes
             .
             The
             Pragmatique
             Sanction
             was
             then
             also
             set
             out
             in
             this
             Kingdome
             ,
             the
             most
             usefull
             and
             most
             commendable
             Ordinance
             that
             ever
             was
             made
             in
             France
             :
             which
             hath
             beene
             since
             the
             butt
             against
             which
             the
             moderne
             Popes
             have
             levell'd
             all
             their
             curses
             ;
             having
             lopt
             it
             so
             neare
             that
             there
             remaines
             nothing
             but
             the
             trunke
             ,
             which
             they
             never
             yet
             knew
             how
             to
             reverse
             :
             
             namely
             that
             Decree
             which
             containes
             the
             authoritie
             of
             a
             Councell
             above
             the
             Pope
             ,
             and
             another
             concerning
             Annats
             .
             
          
           
             18
             The
             Emperour
             Charles
             the
             fifth
             ,
             and
             Charles
             the
             ninth
             ,
             King
             of
             France
             ,
             have
             sufficiently
             shewed
             what
             power
             they
             had
             in
             the
             Church
             ;
             considering
             that
             during
             the
             time
             of
             the
             Councell
             of
             Trent
             they
             endeavoured
             to
             compose
             the
             differences
             which
             were
             in
             their
             Empire
             and
             Kingdomes
             concerning
             point
             of
             Religion
             .
             They
             made
             things
             be
             disputed
             in
             divers
             Imperiall
             Diets
             :
             and
             at
             the
             conference
             of
             Poissy
             .
             They
             made
             Ecclesiasticall
             lawes
             ,
             as
             namely
             that
             of
             the
             Interim
             for
             Germanie
             ,
             the
             Ordinances
             of
             Orleans
             and
             Moulins
             for
             France
             ,
             where
             there
             are
             good
             rules
             for
             Church
             discipline
             .
             And
             the
             late
             King
             Henry
             the
             third
             did
             more
             yet
             in
             establishing
             Edicts
             ,
             which
             derogate
             from
             the
             Decrees
             of
             the
             Councell
             it selfe
             .
          
        
         
           
             CHAP.
             VI.
             That
             Emperours
             and
             Kings
             have
             in
             all
             ages
             made
             some
             Lawes
             concerning
             Ecclesiasticall
             politie
             and
             discipline
             :
             and
             that
             they
             had
             power
             so
             to
             doe
             .
          
           
             1
             HEE
             should
             shew
             himselfe
             a
             meere
             ignorant
             in
             law
             that
             would
             deny
             that
             Christian
             Kings
             and
             Emperours
             have
             at
             all
             times
             made
             lawes
             for
             the
             politie
             ,
             government
             ,
             and
             discipline
             Ecclesiasticall
             .
             For
             proofe
             whereof
             he
             need
             but
             reade
             the
             sixteenth
             booke
             of
             the
             Code
             of
             Theodosius
             ,
             the
             first
             of
             Iustinians
             ,
             the
             novell
             Constitutions
             of
             
               Theodosi●●
               ,
               Valentinian
            
             ,
             and
             other
             Emperors
             ,
             which
             are
             put
             after
             the
             same
             Code
             of
             Theodosius
             :
             those
             of
             Iustinian
             ,
             and
             his
             Edicts
             :
             those
             of
             Leo
             and
             the
             other
             Emperours
             which
             ruled
             the
             Empire
             after
             Iustinian
             :
             some
             whereof
             are
             added
             in
             the
             late
             impressions
             of
             the
             body
             of
             the
             Civill
             Law
             :
             and
             other
             some
             are
             to
             be
             found
             in
             the
             
               Ius
               orientale
               de
               Benefidius
            
             ,
             and
             in
             the
             booke
             intitled
             
               Ius
               Graeco-Romanum
            
             .
             As
             also
             the
             Capitulary
             of
             Charles
             the
             Great
             ,
             with
             divers
             other
             Ordinances
             of
             our
             Kings
             of
             France
             made
             about
             this
             particular
             ,
             which
             may
             bee
             read
             in
             the
             Collections
             of
             them
             .
             From
             which
             it
             will
             appeare
             that
             there
             is
             no
             part
             of
             Ecclesiasticall
             discipline
             ,
             which
             hath
             not
             beene
             managed
             ,
             regulated
             ,
             reform'd
             ,
             and
             purged
             by
             them
             ,
             as
             need
             required
             .
          
           
             2
             Well
             fare
             Doctor
             Espenseus
             ,
             
             who
             when
             he
             is
             speaking
             of
             this
             Royall
             power
             ,
             and
             shaping
             an
             answer
             even
             to
             those
             that
             doe
             Princes
             so
             much
             honour
             as
             to
             make
             them
             meere
             executioners
             of
             the
             Decrees
             of
             Clergie
             men
             ,
             not
             having
             any
             authoritie
             to
             enter
             into
             the
             cognizance
             of
             the
             cause
             .
             
               If
               Princes
            
             (
             saith
             he
             )
             
               must
               not
               meddle
               with
               sacred
               things
               ,
               to
               what
               purpose
               are
               there
               so
               many
               lawes
               and
               Imperiall
               Constitutions
               about
               Ecclesiasticall
               matters
               in
               the
               Code
               ,
               the
               Novels
               ,
               and
               the
               Authentiques
               ?
               Why
               so
               many
               Royall
               Edicts
               and
               Decrees
               of
               Senates
               extant
               in
               the
               Annals
               of
               all
               Christians
               ?
               I
               know
               what
               the
               matter
               is
               ;
               when
               the
               fires
               were
               kindled
               over
               all
            
             France
             
               to
               burn
               them
               all
               alive
               ,
               Religion
               was
               then
               a
               case
               Royal.
               But
               when
               the
               question
               is
               about
               a
               necessary
               reformation
               of
               the
               Clergie
               or
               Monkery
               ,
               or
               sending
               Pastours
               home
               to
               their
               flocks
               ,
               this
               is
               a
               case
               Synodicall
               or
               Papall
               :
               For
               as
               I
               remember
               I
               have
               heard
               some
               distinguish
               so
               ,
               and
               those
               eve●●●●hops
               themselver
               .
               
               As
               if
               Princes
               were
               no
               more
               but
               mi●isters
               of
               another
               zeal
               (
               ofttimes
               indiscreet
               and
               without
               knowledge
               )
               that
               I
               say
               not
               executioners
               of
               cruelty
               :
            
             
             
               and
               not
               rather
               Guardians
               ,
               Protectours
               ,
               and
               externall
               defendours
               of
               all
               the
               constitutions
               of
               the
               Church
               ,
               as
               her
               children
               .
            
          
           
             3
             
               But
               let
               us
               here
               shew
               by
               good
               examples
               and
               sufficient
               testimonies
               in
               what
               fashion
               Secular
               Princes
               have
               medled
               with
               such
               things
               as
               concern
               the
               Church
               .
               The
               first
               lesson
               which
               God
               gives
               the
               King
               ,
               which
               would
               bee
               established
               over
               his
               people
               ,
               is
               this
            
             ;
             
             
               It
               shall
               bee
               when
               he
               sitteth
               upon
               the
               throne
               of
               his
               Kingdome
               ,
               that
               hee
               shall
               write
               him
               a
               copy
               of
               this
               law
               in
               a
               booke
               ,
               out
               of
               that
               which
               is
               before
               the
               Priests
               ,
               and
               the
               Levits
               .
               And
               it
               shall
               be
               with
               him
               ,
               and
               hee
               shall
               read
               therein
               all
               the
               dayes
               of
               his
               life
               :
               that
               he
               may
               learne
               to
               feare
               the
               Lord
               his
               God
               ,
               to
               keepe
               all
               the
               words
               of
               this
               law
               ,
               and
               these
               Statutes
               to
               do
               them
               .
            
             According
             hereunto
             the
             Lord
             speaks
             thus
             to
             Ioshua
             ,
             whom
             he
             had
             chosen
             to
             be
             the
             governour
             of
             his
             people
             after
             Moses
             .
             
             
               This
               booke
               of
               the
               law
               shall
               not
               depart
               out
               of
               thy
               mouth
               ,
               but
               thou
               shalt
               meditate
               therein
               day
               and
               night
               :
               that
               thou
               mayest
               observe
               to
               doe
               according
               to
               all
               that
               is
               written
               therein
               .
            
          
           
             4
             Let
             us
             now
             see
             how
             these
             Kings
             and
             Governours
             behaved
             themselves
             in
             the
             ancient
             Church
             ,
             and
             the
             power
             which
             they
             tooke
             upon
             them
             without
             rebuke
             ,
             or
             to
             speake
             more
             properly
             ,
             with
             approbation
             .
             
             David
             
               gathered
               together
               all
               the
               Princes
               of
            
             Israel
             ,
             
               with
               the
               Priests
               and
               the
               Levits
               .
               Of
               which
               twenty
               and
               foure
               thousand
               were
               chosen
               to
               set
               forward
               the
               worke
               of
               the
               house
               of
               the
               Lord
               :
               and
               six
               thousand
               were
               Officers
               and
               Iudges
               .
               Moreover
               ,
               foure
               thousand
               were
               Porters
               ,
            
             
             
               and
               foure
               thousand
               praised
               the
               Lord
               with
               instruments
               which
               hee
               made
               to
               praise
               therewith
               .
               And
            
             David
             
               divided
               them
               into
               courses
               among
               the
               sons
               of
            
             Levi.
             And
             a
             litle
             after
             ,
             
             And
             Aaron
             
               was
               separated
               that
               he
               should
               sanctifie
               the
               most
               holy
               things
               ,
               he
               and
               his
               sons
               for
               ever
               ,
               to
               burne
               incense
               before
               the
               Lord
               ,
               to
               minister
               unto
               him
               ,
               and
               to
               blesse
               his
               name
               for
               ever
               .
            
             All
             this
             concernes
             the
             discipline
             of
             the
             Church
             :
             and
             yet
             all
             was
             done
             by
             the
             conduct
             and
             command
             of
             David
             .
             King
             Solomon
             built
             the
             Temple
             of
             the
             Lord
             in
             Ierusalem
             ,
             by
             the
             speciall
             appointment
             of
             God.
             
             
               The
               son
               that
               shall
               bee
               borne
               to
               thee
               ,
               shall
               bee
               a
               man
               of
               rest
               .
               Hee
               shall
               build
               an
               house
               for
               my
               name
               .
               David
            
             would
             have
             built
             the
             temple
             himself
             ,
             but
             he
             was
             forbid
             by
             the
             Lord
             ,
             
               because
               he
               had
               shed
               bloud
            
             .
             King
             Ioash
             repaired
             it
             afterwards
             .
             
             
               And
               it
               came
               to
               passe
               after
               this
               ,
               that
            
             Ioash
             
               was
               aminded
               to
               repaire
               the
               house
               of
               the
               Lord.
               And
               he
               gathered
               together
               the
               Priests
               and
               the
               Levites
               ,
               and
               commanded
               them
               to
               goe
               out
               unto
               the
               Cities
               of
            
             Iudah
             ,
             
             
               and
               gather
               out
               of
               all
            
             Israel
             
               money
               to
               repaire
               the
               house
               of
               the
               Lord
               from
               year
               to
               year
               .
               And
               when
               the
               Levites
               hastened
               not
               the
               King
               called
               for
            
             Iohoiadah
             
               the
               chief
               ,
               and
               said
               unto
               him
               ,
               Why
               hast
               thou
               not
               required
               of
               the
               Levites
               to
               bring
               out
               of
            
             Iudah
             ,
             
               and
               out
               of
            
             Ierusalem
             
               the
               collection
               ?
               And
               at
               the
               Kings
               commandement
               they
               made
               a
               chest
               ,
               into
               which
               every
               man
               brought
               his
               share
               and
               portion
               that
            
             Moses
             
               had
               laid
               upon
               them
            
             .
             This
             money
             was
             brought
             unto
             the
             King
             ,
             and
             distributed
             by
             him
             and
             the
             high
             Priest
             amongst
             those
             that
             wrought
             about
             the
             temple
             .
          
           
             5
             The
             Emperour
             Charlemaigne
             ,
             who
             was
             as
             great
             in
             Ecclesiasticall
             policie
             ,
             as
             in
             feats
             of
             armes
             ,
             speaks
             on
             this
             wise
             to
             the
             Clergy
             of
             his
             Empire
             ,
             in
             the
             preface
             of
             his
             Capitulary
             ,
             
               We
               have
               sent
               our
               Deputies
               unto
               you
               ,
               to
               the
               intent
               that
               they
               by
               our
               authoritie
               ,
               
               may
               ,
               together
               with
               you
               ,
               correct
               what
               shall
               stand
               in
               need
               of
               correction
               .
               We
               have
               also
               added
               certaine
               Chapters
               of
               Canonicall
               ordinances
               ,
               such
               as
               we
               thought
               to
               bee
               most
               necessarie
               for
               you
               .
               Let
               no
               man
               I
               entreat
               you
               ,
               thinke
               or
               censure
               this
               pious
               admonition
               for
               presumptuous
               ,
               whereby
               wee
               force
               our selves
               to
               correct
               what
               is
               amisse
               ,
               to
               cut
               off
               what
               is
               superfluous
               ,
               and
               briefly
               to
               compact
               what
               is
               good
               .
               But
               rather
               let
               everie
               man
               receive
               it
               with
               a
               well-willing
               minde
               of
               charitie
               .
               For
               wee
               have
               read
               in
               the
               booke
               of
               Kings
               ,
               how
               Ioas
               endevoured
               to
               restore
               the
               Kingdome
               which
               God
               had
               given
               him
               ,
               〈◊〉
               ●he
               service
               of
               the
               true
               God
               ,
               by
               going
               about
               it
               ,
               by
               correcting
               and
               admonishing
               it
               .
            
          
           
           
             6
             Wee
             have
             elsewhere
             said
             that
             he
             discoursed
             himselfe
             about
             points
             of
             divinitie
             at
             the
             Councel
             of
             Francfort
             .
             
             Nor
             doe
             wee
             ever
             finde
             so
             many
             Synods
             holden
             as
             in
             his
             reigne
             ,
             and
             all
             by
             his
             command
             :
             which
             is
             a
             faire
             pr●si●ent
             for
             his
             successors
             .
             
             
               By
               his
               command
               (
               saith
               Regino
               )
               there
               were
               Councels
               celebrated
               in
               all
               parts
               of
               France
               by
               the
               Bishops
               ,
               about
               the
               state
               of
               the
               Church
               .
               One
               was
               held
               at
               Mentz
               ,
               another
               at
               Rhemes
               ,
               a
               third
               at
               Tours
               ,
               a
               fourth
               at
               Cavaillon
               ,
               a
               fift
               at
               Arles
               ;
               and
               the
               severall
               Constitutions
               which
               were
               made
               in
               every
               one
               of
               them
               ,
               were
               confirmed
               by
               the
               Emperour
               .
            
             Besides
             these
             five
             which
             were
             held
             in
             the
             yeare
             813
             ,
             namely
             but
             one
             yeare
             before
             his
             decease
             ,
             hee
             called
             one
             at
             Worms
             ,
             the
             year
             770.
             
             One
             at
             Valentia
             in
             771.
             
             Another
             at
             Worms
             in
             772.
             
             Another
             at
             Genes
             the
             yeare
             773.
             
             Another
             at
             a
             place
             called
             Duria
             ,
             in
             775.
             
             Another
             at
             Cullen
             ,
             782.
             
             A
             third
             at
             Worms●
             787.
             
             Another
             at
             a
             place
             called
             Ingeluheym
             ,
             the
             yeare
             788.
             
             And
             a
             Generall
             one
             consisting
             of
             all
             the
             Westerne
             Churches
             ,
             at
             Francfort
             ,
             the
             yeare
             794.
             
             Besides
             others
             which
             may
             be
             observed
             out
             of
             histories
             .
          
           
             7
             See
             now
             then
             how
             Kings
             have
             a
             commanding
             power
             over
             the
             Clergy
             ;
             how
             they
             make
             Ordinances
             about
             such
             things
             as
             concerne
             Ecclesiastical
             discipline
             ;
             how
             they
             ingage
             themselves
             in
             such
             matters
             above
             all
             others
             ;
             yet
             not
             so
             as
             to
             minister
             in
             the
             Church
             ,
             to
             offer
             incense
             ,
             or
             such
             like
             .
             For
             this
             belongs
             properly
             to
             the
             Church
             ,
             and
             cannot
             bee
             taken
             from
             them
             .
             This
             is
             the
             reason
             why
             King
             Hezekiah
             speaks
             thus
             to
             the
             Priests
             and
             Levites
             ,
             when
             hee
             exhorts
             them
             to
             doe
             their
             dutie
             .
             
             
               My
               sons
               be
               not
               now
               negligent
               ;
               for
               the
               Lord
               hath
               chosen
               you
               to
               stand
               before
               him
               ,
               to
               serve
               him
               ,
               and
               that
               you
               should
               minister
               unto
               him
               ,
               and
               burne
               incense
               .
            
             Hee
             calls
             them
             sons
             ,
             or
             children
             ,
             (
             that
             wee
             may
             observe
             so
             much
             by
             the
             way
             )
             whereas
             our
             Canon
             law
             on
             the
             contrary
             saith
             ,
             that
             Bishops
             are
             the
             fathers
             and
             masters
             of
             Kings
             and
             Princes
             ,
             as
             wee
             have
             ●eene
             already
             .
             It
             is
             not
             lawfull
             for
             Princes
             so
             much
             as
             to
             touch
             this
             mysterie
             :
             and
             this
             is
             the
             reason
             why
             King
             Vzziah
             was
             smitten
             with
             a
             leprosie
             ,
             
             because
             hee
             had
             taken
             upon
             him
             to
             offer
             incense
             upon
             the
             altar
             :
             and
             the
             Priests
             withstood
             him
             .
             From
             whence
             our
             Popes
             make
             a
             wonderous
             ●●range
             consequence
             ,
             when
             they
             conclu●e
             from
             hence
             ,
             that
             Kings
             and
             Emperours
             cannot
             in
             any
             sort
             meddle
             with
             any
             thing
             that
             concernes
             the
             Church
             ,
             save
             only
             so
             farre
             forth
             as
             they
             are
             commanded
             by
             them
             .
             Pope
             Paul
             the
             third
             serves
             himselfe
             of
             this
             instance
             against
             the
             Emperour
             Charles
             the
             fift
             ;
             being
             vexed
             at
             some
             Decrees
             which
             were
             ma●e
             concerning
             Protestants
             at
             the
             Imperiall
             Diet
             of
             
               Spire
               ,
               ann
            
             .
             1544.
             
             
             
               Vzziah
               (
               saith
               hee
               )
               was
               an
               excellent
               King
               ,
               and
               yet
               for
               all
               that
               became
               a
               leper
               ,
               God
               so
               punishing
               his
               presumption
               ,
               because
               hee
               would
               have
               burnt
               incense
               upon
               the
               Altar
               .
               It
               is
               a
               worke
               well
               pleasing
               to
               God
               ,
               to
               have
               a
               care
               of
               his
               Churches
               ;
               but
               that
               is
               the
               Priests
               office
               ,
               not
               yours
               ;
               but
               it
               belongs
               especicially
               to
               mee
               ,
               to
               whom
               God
               hath
               given
               the
               power
               of
               binding
               and
               loosing
               .
            
             The
             Kings
             of
             these
             daies
             must
             ●ot
             meddle
             with
             the
             administration
             of
             the
             Sacraments
             ,
             the
             performing
             of
             Ceremonies
             ,
             the
             preaching
             of
             the
             word
             ,
             nor
             other
             such
             Ecclesiasticall
             offices
             .
             But
             for
             the
             ordaining
             and
             making
             of
             Ceremonies
             ,
             for
             the
             reformation
             of
             abuses
             ,
             the
             extirpation
             of
             schismes
             and
             heresies
             ,
             the
             politie
             of
             the
             Church
             ,
             and
             such
             like
             things
             ,
             they
             both
             may
             and
             must
             look
             to
             them
             ;
             and
             have
             alwaies
             done
             so
             :
             either
             by
             having
             a
             hand
             in
             them
             themselves
             ,
             or
             commanding
             them
             to
             bee
             done
             ,
             or
             by
             confirming
             the
             lawes
             and
             statutes
             and
             ordinances
             concerning
             them
             .
          
           
             8
             Wee
             will
             here
             observe
             by
             the
             way
             ,
             that
             the
             Emperour
             ,
             the
             Kings
             of
             England
             and
             France
             ,
             have
             a
             more
             particular
             right
             and
             priviledge
             in
             the
             Church
             than
             others
             ,
             by
             reason
             of
             their
             Vnction
             :
             at
             least
             if
             wee
             take
             Balsamon
             the
             Patriarch
             of
             Antioch
             his
             words
             for
             it
             ;
             
             who
             commenting
             upon
             the
             69
             Chapter
             of
             the
             Councell
             in
             Trullo
             saith
             ,
             
               The
               Orthodox
               Emperours
               that
               promote
               the
               Patriarchs
               ,
               with
               invocation
               of
               the
               blessed
               Trinitie
               ,
               and
               are
               the
               anointed
               of
               the
               
               Lord
               ,
               
               goe
               in
               to
               the
               blessed
               altar
               when
               they
               please
               ,
               and
               offer
               incense
               ,
               and
               imprint
               the
               character
               with
               a
               triple
               wax
               ,
               aswel
               as
               Prelates
               doe
               ,
               yea
               they
               teach
               the
               people
               to
               instruct
               them
               .
            
             And
             he
             afterwards
             adds
             ,
             
               Forasmuch
               as
               hee
               that
               is
               now
               Emperour
               ,
               is
               also
               the
               Lords
               anoynted
               by
               reason
               of
               the
               Chrisme
               ,
               that
               is
               ,
               of
               the
               unction
               of
               the
               Kingdome
               ,
               and
               that
               Christ
               our
               God
               is
               reckoned
               for
               a
               Priest
               aswell
               as
               others
               ,
               hee
               is
               also
               justly
               endowed
               with
               priestly
               graces
               .
            
             Some
             are
             of
             opinion
             th●t
             this
             is
             the
             reason
             that
             our
             King
             of
             France
             receives
             the
             holy
             communion
             under
             both
             kinds
             ;
             that
             hee
             is
             served
             by
             those
             Clergy
             men
             which
             are
             most
             eminent
             in
             dignitie
             ,
             as
             the
             Archbishop
             Cardinals
             ,
             as
             when
             the
             kisse
             of
             peace
             is
             to
             bee
             given
             in
             the
             Church
             ,
             they
             must
             bring
             it
             him
             ,
             or
             for
             saying
             grace
             at
             his
             table
             ,
             and
             such
             like
             .
             ●ut
             let
             us
             hold
             on
             our
             former
             course
             .
          
           
             9
             One
             of
             the
             greatest
             arguments
             wee
             have
             to
             justifie
             this
             power
             ,
             is
             ,
             that
             Councels
             themselves
             have
             confessed
             it
             ,
             and
             have
             recommended
             such
             constitutions
             to
             our
             observation
             .
             The
             sixt
             Generall
             Synod
             ,
             called
             in
             Trullo
             ,
             declares
             ,
             
               That
               they
               obse●ve
               the
               Canon
               which
               was
               made
               by
               their
               predecessours
               ,
               
               which
               sayes
               thus
               ,
               If
               any
               citie
               by
               the
               Emperours
               power
               have
               beene
               made
               anew
               ,
               or
               hereafter
               shall
               bee
               made
               ,
               let
               the
               order
               of
               things
               Ecclesiasticall
               conforme
               unto
               the
               order
               of
               Civill
               and
               Politique
               affaires
               .
            
             Where
             Balsamon
             the
             Patriarch
             makes
             this
             exposition
             ;
             
               This
               present
               Canon
               doth
               ordaine
               that
               such
               cities
               as
               are
               preferr'd
               by
               the
               Imperiall
               power
               ,
               or
               hereafter
               shall
               bee
               preferred
               ,
               be
               honoured
               by
               the
               Churches
               in
               such
               sort
               as
               the
               Emperours
               comman●
               shall
               prescribe
               .
               That
               is
               ,
               bee
               accounted
               Episcopall
               or
               Metropolitan
               Sees
               .
               For
               it
               is
               fitting
               the
               Ecclesiasticall
               order
               follow
               the
               Civill
               command
               .
               We
               say
               likewise
               ,
               that
               by
               this
               present
               Canon
               the
               Emperour
               hath
               power
               to
               erect
               new
               Bishopriques
               ,
               and
               preferre
               others
               to
               the
               dignitie
               of
               Metropolitans
               ;
               and
               set
               a
               forme
               for
               the
               election
               to
               them
               ,
               and
               other
               administration
               of
               them
               ,
               so
               as
               hee
               shall
               thinke
               good
               .
            
             According
             hereunto
             the
             Primacy
             of
             the
             Church
             was
             conferr'd
             upon
             Boniface
             the
             fourth
             ,
             by
             the
             Emperour
             Phocas
             .
             
             
               He
               obtained
               of
               the
               Emperour
            
             Phocas
             (
             saith
             
               Martinus
               Polonus
            
             )
             
               that
               the
               Church
               of
               the
               Apostle
               Saint
            
             Peter
             
               should
               be
               the
               head
               of
               all
               Churches
               ,
               because
               that
               of
            
             Constantinople
             
               did
               pretend
               to
               be
               the
               chiefe
               .
            
          
           
             
             10
             The
             Popes
             have
             beene
             so
             well
             pleased
             to
             receive
             this
             Primacy
             at
             the
             hands
             of
             Princes
             ;
             that
             they
             have
             even
             made
             Constantine
             the
             Great
             speak
             of
             it
             in
             the
             fabulous
             instrument
             of
             his
             donation
             .
             And
             giving
             over
             that
             they
             bragge
             ,
             
               That
               the
               Church
               of
            
             Rome
             
               erects
               Patriarchships
               ,
               Primacies
               of
               Metropolitans
               ,
               Bishops
               Seates
               ,
               and
               the
               dignities
               of
               all
               orders
               of
               Churches
               .
            
             
             For
             these
             are
             Pope
             Nicholas
             the
             second
             his
             own
             words
             ,
             in
             his
             Epistle
             which
             he
             writ
             to
             the
             Milanois
             ,
             which
             is
             recorded
             in
             the
             great
             Decree
             .
             Which
             the
             later
             Popes
             k●ew
             well
             how
             to
             practise
             ;
             insomuch
             that
             Pope
             Iohn
             the
             twenty
             second
             ,
             made
             horrible
             alterations
             in
             our
             France
             within
             a
             litle
             time
             .
             
               For
               he
               erected
               the
               Church
               of
               Tholouse
               to
               an
               Archbishoprique
               :
               
               divided
               the
               Diocese
               of
               Tholouse
               into
               six
               Bishopriques
               ,
               the
               Bishops
               whereof
               should
               bee
               Suffragans
               to
               the
               Archbishop
               of
               Tholouse
               :
               and
               turned
               six
               Villages
               into
               Cities
               ,
               to
               wit
               ,
               
                 Montauban
                 ,
                 Rieux
                 ,
                 Lombez
              
               Abbey
               ,
               
                 St.
                 Papoul
                 ,
                 Lavaur
              
               ,
               and
               Mirepoix
               ,
               lodging
               the
               Bishops
               in
               them
               ,
               and
               erecting
               the
               Episcopall
               Seats
               there
               ,
               assigning
               to
               every
               o●e
               his
               proper
               Diocese
               .
               He
               created
               two
               Bishopriques
               within
               the
               Archbishoprique
               of
               Narbon
               ,
               the
               first
               at
               Limoux
               ,
               whose
               seat
               hee
               translated
               to
               Alet
               not
               ●●ng
               after
               ;
               the
               second
               in
               the
               Abbey
               of
               Saint
               Pons
               ,
               setting
               out
               their
               Dioceses
               .
               Hee
               divided
               also
               the
               Bishoprique
               of
               Alby
               into
               two
               ,
               and
               created
               one
               at
               Castres
               .
            
             Hee
             erected
             divers
             others
             besides
             ,
             which
             are
             reckoned
             up
             in
             particular
             ●y
             the
             authour
             of
             the
             continuation
             to
             
               Martinus
               Polonus
            
             ,
             from
             whence
             I
             borrowed
             the
             former
             passage
             verbatim
             .
             But
             let
             us
             returne
             to
             our
             former
             discourse
             .
          
           
             11
             A
             certaine
             Councell
             of
             Paris
             holden
             under
             Lewes
             the
             Gentle
             ,
             saith
             ,
             
             that
             the
             Church
             approves
             and
             observes
             a
             constitution
             made
             by
             the
             Emperour
             Iustinian
             concerning
             excommunication
             .
             
             
               As
               concerning
               unlawfull
               exco●munication
            
             (
             saith
             it
             )
             
               the
               law
               of
               the
               Catholique
               Emperour
            
             Iustinian
             (
             
               which
               the
               Catholique
               Church
               doth
               observe
               and
               approve
            
             )
             
               hath
               ordained
               ,
               that
               no
               Priest
               shall
               excommunicate
               any
               man
               ,
               till
               such
               time
               as
               the
               cause
               be
               proved
               for
               which
               the
               Ecclesiasticall
               Canons
               doe
               command
               it
               to
               bee
               inflicted
               .
            
             
             This
             very
             constitution
             on
             Iustinian
             hath
             beene
             followed
             and
             allowed
             by
             our
             Popes
             ,
             as
             they
             themselves
             doe
             testifie
             in
             their
             Books
             ;
             and
             the
             addition
             made
             unto
             it
             by
             the
             Glosse
             ,
             is
             remarkable
             .
             
               So
               for
               a
               long
               time
               ,
               about
               eight
               hundred
               yeares
               ,
               the
               Emperours
               made
               laws
               concerning
               Ecclesiasticall
               persons
               ,
               and
               affaires
               ;
               and
               the
               Church
               obeyed
               them
               .
            
             This
             Glosse
             was
             afterwards
             put
             out
             ,
             because
             it
             told
             too
             much
             .
          
           
             12
             At
             the
             Councell
             of
             Meaux
             held
             in
             the
             yeare
             945
             ,
             it
             is
             said
             ,
             
             
               That
               the
               Capitulary
               lawes
               concerning
               the
               Church
               ,
               which
               were
               made
               and
               set
               out
               by
               the
               great
               Emperour
               Charl●maine
               ,
               and
               by
               the
               Emperour
               Lewes
               ,
               be
               strictly
               observed
               ,
               as
               't
               is
               knowne
               that
               lawes
               should
               bee
               observed
               .
            
             The
             same
             Councell
             intreats
             King
             Charles
             the
             younger
             ;
             
               To
               grant
               the
               Bishops
               a
               freer
               libertie
               for
               the
               execution
               of
               their
               ministeries
               in
               their
               Parishes
               .
            
             The
             same
             Charles
             the
             Great
             had
             ordained
             in
             his
             Capitulary
             ,
             
             
               That
               to
               every
               Church
               there
               should
               bee
               given
               onely
               one
               entire
               Manour
               ,
               without
               any
               other
               service
               :
               and
               that
               such
               Priests
               as
               are
               ordained
               and
               established
               in
               them
               ,
               shall
               not
               be
               tyed
               and
               boun●
               to
               doe
               any
               other
               service
               but
               Ecclesiasticall
               ,
               for
               and
               in
               conside●ation
               of
               the
               tithes
               ,
               and
               oblations
               of
               faithful
               people●
               houses
               ,
               base
               Co●rts
               ,
               or
               gardens
               adjoyning
               to
               the
               said
               Churches
               ,
               nor
               for
               the
               Manour
               aforesaid
               .
               
            
             A
             certaine
             Councell
             held
             at
             Paris
             ,
             doth
             commend
             and
             follow
             this
             same
             Ordinance
             ,
             and
             our
             Popes
             have
             canonized
             it
             .
          
           
             13
             The
             Councell
             of
             Pavy
             ,
             holden
             under
             the
             Emperour
             Lewes
             the
             second
             ,
             in
             the
             yeare
             855
             ,
             addresseth
             these
             words
             unto
             him
             ;
             
             
               As
               for
               the
               reparation
               of
               Churches
               ,
               the
               Chapter
               which
               was
               made
               by
               your
               Predecessour
               is
               su●●icient
               .
               But
               that
               it
               may
               bee
               observ'd
               ,
               it
               stands
               in
               need
               of
               your
               admonition
               .
               So
               likewise
               forasmuch
               as
               concernes
               places
               for
               the
               entertaining
               of
               strangers
               ,
               that
               which
               is
               set
               downe
               in
               the
               Capitularie
               ought
               to
               bee
               observed
               .
            
          
           
             14
             The
             Emperour
             Iustinian
             in
             one
             of
             his
             Edicts
             ,
             doth
             excommunicate
             all
             heresies●
             and
             that
             of
             Nestorius
             and
             Eutyches
             in
             particular
             .
             
             
               Wee
               anathematize
               all
               heresie
               ,
               and
               especially
               that
               of
            
             Eutyches
             and
             Nestorius
             ,
             
               as
               also
               that
               of
            
             Apollinaris
             .
             Hee
             further
             ordaines
             ,
             that
             if
             the
             followers
             of
             that
             sect
             doe
             not
             returne
             after
             the
             warning
             which
             should
             bee
             given
             unto
             them
             ,
             by
             virtue
             of
             his
             Edict
             ,
             
               That
               they
               should
               not
               looke
               for
               any
               favour
               or
               pardon
               ,
               commanding
               that
               they
               should
               be
               punished
               with
               condig●e
               punishment
               ,
               as
               convicted
               and
               denounced
               heretiques
               .
            
             This
             Edict
             was
             commended
             and
             approved
             bp
             Epiphanius
             Patriarch
             of
             Constantinople
             ,
             and
             by
             a
             good
             number
             of
             Bishops
             ,
             which
             were
             then
             at
             Constantinople
             ,
             as
             the
             same
             Iustinian
             affirmeth
             in
             one
             of
             his
             Constitutions
             directed
             to
             him
             :
             where
             after
             he
             hath
             rehearsed
             the
             tenor
             of
             the
             said
             Edict
             ,
             
             
               These
               are
               the
               things
            
             (
             saith
             he
             )
             
               which
               by
               our
               divine
               Edict
               we
               have
               condemned
               in
               the
               persons
               of
               heretiques
               ;
               to
               which
               all
               the
               most
               holy
               Bishops
               and
               reverend
               Abbats
               ,
               which
               were
               then
               present
               in
               this
               Citie
               ,
               have
               ,
               together
               with
               your
               Holynesse
               ,
               subscribed
               .
            
             Pope
             Iohn
             in
             the
             answer
             which
             he
             made
             to
             the
             same
             Emperour
             ,
             hath
             such
             another
             confirmation
             .
             
               Wee
               have
               beene
               informed
               (
               saith
               he
               )
               by
               the
               report
               of
               Hypatius
               and
               Demetrius
               ,
               that
               you
               ,
               being
               stirred
               up
               by
               the
               love
               of
               the
               faith
               ,
               for
               the
               abolishing
               of
               the
               opinions
               of
               heretiques
               ,
               have
               set
               out
               an
               Edict
               ;
               following
               therein
               the
               Apostolicall
               doctrine●
               and
               with
               the
               consent
               of
               our
               brethren
               and
               fellow-Bishops
               :
               which
               wee
               by
               our
               authoritie
               doe
               here
               confirme
               ,
               as
               conformable
               to
               the
               Apostolicall
               doctrine
               .
            
             Pope
             Iohn's
             successour
             would
             say
             now
             adaies
             ,
             
               That
               it
               does
               not
               concerne
               him
               to
               intermeddle
               so
               farre
               in
               divine
               matters
               .
            
             Hee
             goes
             further
             yet
             ,
             for
             he
             prayes
             Iustinian
             that
             hee
             would
             mitigate
             this
             his
             
             Edict
             towards
             such
             as
             would
             repent
             .
             
             
               Forasmuch
               as
               the
               Church
               doth
               not
               shut
               her
               bosome
               against
               those
               that
               returne
               unto
               her
               :
               I
               entreat
               your
               Clemencie
               (
               saith
               he
               )
               that
               if
               they
               will
               returne
               to
               the
               union
               of
               the
               Church
               ,
               by
               forsaking
               their
               errours
               ,
               and
               casting
               off
               their
               bad
               intention
               ,
               that
               you
               would
               turne
               the
               edge
               and
               point
               of
               your
               indignation
               from
               them
               ,
               by
               receiving
               them
               into
               your
               communion
               ,
               and
               admitting
               them
               into
               your
               savour
               upon
               our
               intercession
               .
            
          
           
             
             15
             A
             certaine
             Councell
             held
             at
             Tribur
             under
             King
             Arnold
             ,
             which
             is
             extant
             in
             a
             Booke
             of
             Rhabanus
             ,
             hath
             this
             preface
             :
             
               In
               the
               895
               yeare
               of
               the
               incarnation
               of
               our
               Lord●
               the
               glorious
               King
               Arnold
               so
               journing
               at
               Tribur
               ,
               there
               were
               twenty
               six
               Bishops
               assembled
               ,
               and
               to
               the
               number
               of
               a
               hundred
               Abbats
               of
               Monasteries
               ;
               whom
               the
               same
               King
               commanded
               to
               treat
               of
               Ecclesiasticall
               lawes
               ,
               and
               promised
               to
               shew
               himselfe
               a
               most
               devout
               coadjutour
               for
               the
               reestablishing
               of
               the
               Canons
               and
               Decrees
               ;
               as
               also
               the
               Constitutions
               of
               his
               ancestours
               ,
               which
               are
               contained
               in
               their
               Capitulary
               ,
               so
               farre
               forth
               as
               he
               should
               find
               them
               infeebled
               .
               He
               assisted
               also
               the
               Bishops
               and
               the
               holy
               Synod
               by
               his
               authority
               Royall
               ,
               against
               some
               secular
               persons
               who
               would
               have
               infringed
               the
               Episcopall
               authoritie
               :
               and
               those
               capitulary
               Lawes
               which
               are
               hereafter
               set
               downe
               ,
               were
               published
               and
               approv'd
               by
               him
               .
            
          
           
             
             16
             As
             for
             the
             Popes
             ,
             
               In
               former
               times
               they
               did
               not
               onely
               not
               contradict
               this
               ,
               but
               rather
               became
               supplicants
               to
               Emperours
               for
               the
               obtaining
               of
               such
               rules
               and
               Ordinances
               ,
            
             saith
             Marsilius
             of
             Padua
             .
             And
             indeed
             Leo
             the
             fourth
             writes
             to
             the
             Emperour
             Lotharius
             in
             this
             manner
             :
             
               As
               for
               the
               Capitulary
               Ordinances
               and
               Imperiall
               Constitutions
               ,
               as
               well
               of
               your selfe
               as
               of
               your
               predecessors
               ,
               we
               declare
               unto
               you
               that
               we
               will
               observe
               and
               keepe
               them
               exactly
               ,
               both
               at
               this
               present
               and
               for
               ever
               hereafter
               ,
               so
               farre
               forth
               as
               we
               are
               or
               shall
               bee
               able
               :
               and
               if
               perchance
               any
               man
               either
               hath
               or
               doe
               informe
               you
               otherwise
               ,
               know
               for
               certaine
               that
               he
               is
               a
               lyar
               .
            
             See
             here
             a
             faire
             promise
             ,
             which
             was
             canonized
             in
             the
             Decret
             ,
             but
             it
             serves
             for
             nothing
             there
             but
             tapestrie
             .
          
           
             
             17
             The
             Emperour
             Maurice
             set
             out
             a
             prohibition
             in
             one
             of
             his
             Constitutions
             ,
             
               That
               such
               as
               were
               bound
               to
               beare
               armes
               ,
               or
               to
               other
               publique
               services
               ,
               should
               not
               be
               admitted
               into
               any
               Ecclesiasticall
               habit
               ,
               nor
               into
               any
               Monasterries
               ,
               seeing
               by
               that
               meanes
               they
               thought
               to
               secure
               their
               affaires
               .
            
             Gregory
             the
             Great
             sent
             this
             Edict
             to
             the
             Bishops
             of
             Sicily
             ,
             recommending
             the
             observance
             of
             it
             unto
             them
             .
             Which
             was
             approved
             by
             his
             successours
             who
             have
             canonized
             this
             Epistle
             of
             his
             .
          
           
             18
             Pope
             Gelasius
             recommends
             the
             observance
             of
             lawes
             made
             by
             secular
             Princes
             about
             Ecclesiasticall
             matters
             .
             
             
               Who
               dare
               say
            
             (
             saith
             he
             )
             
               that
               the
               lawes
               of
               Princes
               ,
               the
               rules
               of
               Fathers
               ,
               or
               the
               new
               admonitions
               may
               be
               sleighted
               ?
            
             And
             he
             afterward
             speakes
             of
             two
             naturall
             borne
             slaves
             who
             had
             beene
             made
             Deacons
             in
             the
             Church
             contrary
             to
             the
             said
             lawes
             .
             One
             of
             the
             Bonifaces
             writ
             thus
             to
             the
             Bishops
             of
             France
             ,
             
             
               If
               any
               doubt
               doe
               arise
               about
               Ecclesiasticall
               law
               or
               any
               other
               matter
               ,
               betwixt
               any
               two
               Bishops
               belonging
               to
               the
               same
               Councell
               ,
               let
               the
               Metropolitan
               in
               the
               first
               place
               judge
               of
               it
               ,
               at
               the
               Councell
               with
               the
               rest
               of
               the
               Bishops
               :
               and
               if
               the
               parties
               will
               not
               stand
               to
               that
               judgement
               ,
               then
               let
               the
               Primate
               of
               the
               Countrey
               have
               the
               hearing
               of
               it
               ,
               and
               determine
               of
               it
               according
               to
               the
               Ecclesiasticall
               Canons
               ,
               and
               your
               owne
               lawes
               ;
               and
               neither
               of
               the
               parties
               shall
               have
               power
               to
               contradict
               it
               .
            
             Which
             is
             avowed
             in
             like
             manner
             by
             his
             successours
             .
          
           
             19
             We
             have
             elsewhere
             handled
             many
             points
             which
             concerne
             the
             authoritie
             of
             Kings
             and
             Princes
             ;
             as
             the
             calling
             of
             Councels
             ,
             the
             presidence
             and
             judgement
             in
             them●
             the
             authorizing
             of
             them
             ,
             the
             election
             or
             nomination
             to
             Bishopriques
             ,
             the
             jurisdiction
             over
             Clergie-men
             ,
             and
             other
             things
             of
             like
             nature
             ,
             which
             it
             is
             not
             necessary
             to
             reinculcate
             here
             .
             
             Wee
             will
             adde
             for
             a
             close
             that
             famous
             passage
             of
             Demetrius
             Archbishop
             of
             Bulgaria
             ,
             which
             containes
             a
             great
             part
             of
             all
             that
             goes
             before
             ,
             and
             with
             which
             for
             that
             reason
             we
             will
             conclude
             .
             
             Hee
             therefore
             in
             one
             of
             his
             responses
             to
             
               Constantine
               Cabasilas
            
             Archbishop
             of
             Dyrrhachium
             ,
             saith
             ;
             
             
               The
               Emperour
               ,
               being
               as
               it
               were
               the
               common
               knowing
               Monarque
               of
               the
               Churches
               ,
               doth
               preside
               in
               Synodicall
               determina●ions
               ,
               and
               makes
               them
               be
               in
               force
               ;
               he
               prescribes
               Ecclesiasticall
               Orders
               :
               he
               sets
               lawes
               to
               the
               lives
               ,
               and
               politie
               of
               such
               as
               serve
               at
               the
               Altar
               ,
               as
               also
               to
               the
               judgements
               of
               ●ishops
               and
               Clerkes
               ,
               and
               to
               the
               suffrages
               of
               vacant
               Churches
               :
               he
               preferres
               from
               a
               lesser
               honour
               to
               a
               greater
               ,
               as
               by
               erecting
               a
               Metropolitane
               Church
               in
               stead
               of
               a
               Bishoprique
               ,
               thereby
               adorning
               either
               the
               virtue
               of
               the
               man
               or
               the
               place
               .
               And
               ,
               that
               I
               may
               speake
               in
               a
               word
               ,
               save
               onely
               the
               administring
               of
               the
               Sacraments
               ,
               the
               Emperour
               represents
               all
               the
               Pontificiall
               priviledges
               ,
               when
               hee
               proceeds
               in
               a
               lawfull
               and
               Canonicall
               way
               .
            
          
        
         
           
             CHAP.
             VII
             .
             Of
             other
             prejudices
             concerning
             the
             King
             of
             France
             and
             his
             kingdome
             in
             particular
             ;
             and
             first
             of
             precedence
             .
          
           
             1
             ALL
             the
             former
             discourses
             are
             interwoven
             of
             the
             rights
             and
             liberties
             of
             the
             Realme
             of
             France
             ,
             
             and
             the
             Gallicane
             Church
             .
             There
             remaines
             yet
             some
             few
             ,
             which
             we
             could
             not
             conveniently
             ranke
             elsewhere
             ,
             whereof
             wee
             shall
             speake
             in
             this
             place
             ,
             and
             shew
             the
             prejudice
             which
             is
             done
             unto
             them
             by
             this
             Councell
             .
             The
             first
             shall
             bee
             about
             the
             precedence
             which
             belongs
             unto
             our
             Kings
             before
             all
             others
             ;
             which
             notwithstanding
             was
             denyed
             unto
             them
             before
             him
             of
             Spaine
             ,
             and
             put
             in
             compromize
             ,
             not
             without
             an
             apparent
             blemish
             to
             their
             sacred
             Majesties
             .
             The
             Councell
             indeed
             did
             not
             judge
             for
             the
             King
             of
             Spaine
             ,
             but
             they
             declared
             ,
             
             
               That
               they
               meant
               not
               that
               any
               prejudice
               should
               accrue
               to
               such
               as
               had
               not
               taken
               their
               place
               .
            
             But
             inasmuch
             as
             they
             suffered
             that
             controversie
             ,
             without
             passing
             their
             sentence
             upon
             his
             side
             ,
             who
             had
             both
             the
             right
             and
             the
             possession
             ,
             and
             to
             whom
             the
             Church
             of
             Rome
             is
             so
             much
             beholden
             .
             This
             is
             sufficient
             cause
             of
             complaint
             .
             Thus
             another
             mans
             right
             is
             encroached
             upon
             by
             degrees
             ;
             it
             is
             enough
             at
             the
             first
             that
             a
             doubt
             is
             made
             of
             it
             ,
             hee
             may
             in
             time
             gaine
             upon
             it
             ,
             seeing
             he
             is
             already
             as
             it
             were
             in
             a
             parity
             .
             The
             libels
             which
             were
             put
             in
             concerning
             the
             precedence
             of
             the
             King
             of
             Spaine
             doe
             sufficiently
             shew
             us
             ,
             what
             prejudice
             the
             toleration
             of
             a
             Councell
             hath
             done
             unto
             our
             kings
             .
             But
             it
             is
             expedient
             that
             wee
             relate
             the
             whole
             story
             of
             what
             hath
             ensued
             upon
             it
             .
          
           
             2
             The
             Count
             
               de
               Luna
            
             ,
             Ambassadour
             of
             King
             Philip
             of
             Spaine
             ,
             when
             hee
             came
             into
             the
             Councell
             the
             21
             of
             May
             1563
             ,
             seeing
             the
             Ambassadors
             of
             France
             had
             taken
             their
             place
             immediately
             after
             the
             Emperours
             ,
             went
             and
             ●ate
             downe
             next
             to
             the
             Secretary
             of
             the
             Councell
             ,
             making
             this
             protestation
             in
             
               Spanish
               .
               Albeit
               the
               first
               place
               after
               the
               Emperours
               Ambassadours
               belongs
               unto
               me
               as
               I
               am
               such
               an
               Ambassadour
               both
               in
               this
               place
               and
               company
               ,
            
             
             
               and
               every
               other
               ,
               which
               before
               all
               things
               I
               do
               here
               declare
               and
               protest
               ,
               yet
               not
               to
               disturbe
               the
               things
               which
               are
               here
               handled
               ,
               nor
               give
               occasion
               to
               any
               man
               to
               retire
               ,
               I
               take
               that
               place
               which
               is
               assigned
               unto
               me
               ,
               using
               it
               for
               the
               present
               ,
               and
               will
               use
               it
               so
               long
               as
               I
               shall
               thinke
               fit
               ;
               yet
               in
               such
               sort
               ,
               that
               I
               would
               have
               every
               man
               to
               know
               well
               (
               which
               I
               doe
               here
               declare
               and
               protest
               )
               that
               this
               my
               modesty
               and
               the
               regard
               which
               I
               have
               to
               the
               wholesome
               
               consultations
               of
               this
               sacred
               Assembly
               in
               generall
               ,
            
             
             
               can
               bee
               no
               prejudice
               to
               the
               dignity
               ,
               majesty
               ,
               and
               right
               of
               King
            
             Philip
             
               my
               master
               ,
               nor
               his
               posterity
               ,
               and
               that
               this
               right
               shall
               be
               no
               lesse
               saved
               and
               entire
               unto
               him
               for
               the
               present
               or
               upon
               other
               occasions
               ;
               which
               I
               would
               have
               reserved
               unto
               him
               both
               in
               these
               actions
               and
               all
               other
               in
               all
               other
               places
               ,
               and
               at
               all
               other
               times
               ,
               to
               the
               intent
               that
               they
               may
               alwaies
               prosecute
               and
               maintaine
               these
               rights
               ,
               and
               this
               claime
               as
               well
               as
               if
               that
               place
               which
               belongs
               unto
               me
               here
               and
               at
               this
               time
               as
               an
               Ambassadour
               of
               such
               quality
               had
               been
               granted
               unto
               me
               ,
               disclaiming
               any
               thing
               that
               shall
               be
               objected
               by
               any
               man
               against
               this
               my
               asseveration
               and
               protestation
               ,
               so
               as
               it
               be
               no
               wrong
               unto
               them
               Which
               protestation
               of
               mine
               contained
               in
               this
               libel
               ,
               I
               desire
               the
               most
               holy
               Fathers
               may
               be
               written
               and
               inserted
               among
               the
               Acts
               of
               this
               most
               sacred
               Synod
               ,
               and
               that
               it
               may
               not
               bee
               lawfull
               to
               publish
               the
               Acts
               without
               it
               ,
               and
               a
               copy
               thereof
               to
               bee
               given
               unto
               mee
               ,
               signed
               by
               the
               Secretary
               .
            
          
           
             
             3
             The
             French
             Ambassadours
             ,
             without
             being
             dismayed
             at
             this
             Rodomontado
             ,
             modestly
             answered
             in
             these
             termes
             ,
             
               If
               we
               should
               have
               sate
               to
               day
               in
               this
               Councell
               in
               any
               other
               place
               than
               our
               ancestors
               formerly
               did
               ,
               and
               even
               of
               late
               in
               the
               Councell
               of
               Constance
               ,
               and
               the
               last
               of
               Lateran
               ,
               where
               they
               sate
               next
               after
               the
               Emperours
               Ambassadours
               ,
               before
               the
               Ambassadors
               of
               all
               other
               Princes
               ,
               and
               if
               this
               new
               place
               which
               the
               Count
               
                 de
                 Luna
              
               ,
               the
               most
               illustrious
               Ambassadour
               of
               his
               Catholique
               Majesty
               ,
               doth
               now
               goe
               to
               take
               ,
               out
               of
               the
               ranke
               of
               the
               Ambassadours
               ,
               could
               bring
               any
               prejudice
               to
               us
               or
               other
               Ambassadours
               ,
               it
               were
               your
               part
               (
               most
               holy
               Fathers
               )
               which
               doe
               here
               by
               your
               noble
               o●fice
               represent
               the
               Church
               Catholique
               ,
               to
               cause
               us
               to
               be
               ranked
               in
               our
               ancient
               order
               ,
               or
               else
               proceed
               against
               us
               by
               Evangelicall
               de●unciations
               .
               But
               seeing
               that
               you
               are
               silent
               in
               the
               matter
               ,
               and
               that
               the
               illustrious
               Ambassadours
               of
               his
               Imperiall
               Majesty
               ,
               to
               whom
               the
               case
               is
               common
               with
               us
               ,
               doe
               not
               oppose
               themselves
               against
               this
               innovation
               ,
               we
               ,
               who
               doe
               this
               day
               preserve
               the
               possession
               of
               their
               ancient
               right
               unto
               our
               Kings
               ,
               amongst
               the
               ranke
               of
               Ambassadours
               ,
               being
               placed
               next
               to
               the
               Ambassadour
               of
               his
               Imperiall
               Majestie
               ,
               and
               who
               make
               no
               doubt
               of
               the
               faith
               ,
               amitie
               ,
               and
               affinitie
               of
               Philip
               the
               most
               great
               ,
               and
               most
               puissant
               Catholique
               King
               ,
               to
               Charles
               his
               brother
               the
               most
               Christian
               King
               ,
               who
               is
               under
               age
               ;
               wee
               onely
               desire
               of
               you
               ,
               that
               you
               would
               so
               conceive
               of
               what
               hath
               beene
               done
               ,
               and
               said
               this
               day
               ,
               by
               the
               most
               illustrious
               Count
               
                 de
                 Luna
              
               ,
               that
               no
               prejudice
               may
               accrue
               to
               the
               ancient
               prerogative
               ,
               and
               perpetuall
               possession
               of
               the
               most
               Christian
               King
               ,
               and
               that
               you
               would
               command
               ,
               that
               this
               also
               be
               inserted
               in
               the
               Acts.
               
            
          
           
             4
             See
             here
             the
             beginning
             of
             the
             quarrell
             ,
             which
             showes
             a
             resolution
             on
             the
             Spaniards
             part
             ,
             to
             change
             his
             place
             ,
             and
             gaine
             the
             Prioritie
             .
             Wherein
             he
             was
             backed
             out
             by
             Pope
             Pius
             the
             second
             ;
             who
             using
             all
             the
             power
             hee
             had
             in
             this
             Councell
             ,
             sent
             a
             peremptorie
             command
             from
             Rome
             ,
             that
             the
             Ambassadours
             of
             both
             the
             Kings
             should
             be
             censed
             at
             the
             same
             time
             .
             Heare
             what
             
               Onuphrius
               Panuinus
            
             saith
             of
             it
             ,
             
               At
               the
               Councell
               of
            
             Trent
             
               there
               was
               a
               great
               controversie
               because
               the
               Ambassadours
               of
               the
               two
               Kings
               were
               censed
               at
               the
               same
               time
               by
               speciall
               command
               from
               the
               Pope
               .
            
             Hee
             saith
             truly
             that
             there
             was
             a
             great
             controversie
             ,
             for
             the
             Lords
             of
             Ferriers
             and
             Pibrac
             tooke
             the
             Pope
             up
             for
             it
             with
             prettie
             tart
             termes
             ,
             saying
             amongst
             other
             things
             ,
             as
             appeares
             by
             the
             Oration
             delivered
             toward
             the
             end
             of
             September
             1563.
             
             
               That
               in
               stead
               of
               bread
               hee
               gave
               his
               eldest
               sons
               Scorpions
               ;
               that
               they
               laid
               the
               blame
               of
               all
               that
               was
               done
               to
               their
               Prince
               upon
               him
               ,
               that
               he
               robb'd
               his
               eldest
               sonne
               of
               the
               honour
               which
               is
               due
               unto
               him
               ;
               that
               hee
               arrogated
               unto
               himselfe
               power
               and
               authoritie
               over
               the
               Councell
               ;
               that
               he
               prescribed
               unto
               it
               ,
               what
               it
               shall
               doe
               ;
               that
               the
               French
               will
               not
               acknowledge
               him
               for
               Pope
               :
               and
               see
               what
               they
               did
               .
            
             After
             that
             the
             French
             Ambassadours
             had
             commanded
             the
             Prelats
             of
             France
             ,
             that
             they
             should
             depart
             from
             the
             Councell
             ,
             they
             themselves
             retired
             to
             Venice
             .
          
           
           
             5
             Wee
             will
             now
             set
             downe
             some
             passages
             out
             of
             the
             Acts
             of
             that
             Councell
             ,
             
             to
             shew
             how
             those
             Fathers
             are
             not
             content
             to
             wrong
             our
             Kings
             indeed
             ,
             but
             are
             further
             ambitious
             to
             make
             it
             appeare
             in
             writi●g
             .
             Pope
             Paul
             the
             third
             in
             his
             Bull
             of
             1542.
             by
             which
             hee
             called
             the
             Councell
             ,
             doth
             indeed
             give
             that
             honour
             which
             is
             due
             unto
             the
             King
             of
             France
             ,
             ●●●king
             him
             in
             this
             order
             ,
             in
             that
             exhortation
             which
             hee
             makes
             to
             Kings
             and
             Princes
             ,
             
               Praying
               (
               saith
               ●e
               )
               the
               foresaid
               Emperour
               ,
               the
               most
               Christian
               ,
               and
               all
               other
               Kings
               ,
               Dukes
               ,
               and
               Princes
               ,
               whose
               presence
               will
               bee
               very
               usefull
               ,
               to
               come
               them●elves
               in
               person
               to
               the
               celebration
               of
               this
               sacred
               Councell
               .
            
             In
             the
             8
             Session
             ●●●er
             Paul
             the
             third
             ,
             the
             President
             of
             the
             Councell
             speaks
             in
             this
             manner
             .
             
               That
               they
               will
               go
               on
               successively
               ,
               till
               it
               shal
               seeme
               expedient
               to
               our
               holy
               Father
               ,
               ●ho
               having
               communicated
               his
               Councell
               and
               advice
               with
               the
               most
               vi●torious
               Emperor
               ,
               the
               most
               Christian
               King
               ,
               and
               other
               Kings
               and
               Prince●
               of
               Christendome
               ,
               the
               Councell
               may
               and
               ought
               to
               bee
               assembled
               in
               this
               place
               .
            
          
           
             6
             All
             this
             goes
             well
             yet
             ;
             but
             for
             all
             that
             ,
             we
             doe
             not
             take
             it
             as
             a
             courtesie
             :
             there
             could
             be
             then
             no
             question
             of
             the
             precedencie
             ,
             because
             the
             King
             of
             Spaine
             was
             Emperour
             too
             ;
             and
             ,
             as
             such
             ,
             tooke
             place
             of
             the
             King
             of
             France
             .
             Now
             after
             that
             Ferdinand
             succeeded
             Charles
             the
             fifth
             ,
             and
             there
             was
             a
             Ki●g
             of
             Spaine
             in
             severall
             ,
             the
             Pope
             and
             the
             Councell
             altered
             their
             s●ile
             .
             Pius
             the
             fourth
             in
             a
             Bull
             of
             15●0
             ,
             for
             the
             continuation
             of
             the
             Councell
             ,
             
               Having
               acquainted
               (
               saith
               he
               )
               with
               our
               purpose
               our
               welbeloved
               son●es
               in
               Iesus
               Christ
               Ferdinand
               Emperour
               ,
               elect
               of
               the
               Romans
               ,
               and
               o●her
               Ki●gs
               and
               Pri●ces
               ,
               that
               they
               send
               their
               Ambassadours
               ,
               &c.
               
            
             And
             the
             Councell
             it selfe
             in
             the
             tenth
             Chapter
             of
             the
             ninth
             Se●sion
             under
             Pius
             the
             fourth
             ,
             
               Wherefore
               it
               adviseth
               the
               Emperour
               ,
               Kings
               ,
               Common-wealths
               ,
               Princes
               ,
               &c.
               
            
             And
             in
             the
             Acclamations
             at
             the
             end
             of
             the
             Councell
             worst
             of
             all
             .
             
               Blessed
               bee
               the
               memory
               (
               say
               they
               )
               of
               the
               Emperour
               Charles
               the
               fifth
               ,
               and
               of
               those
               most
               serene
               Kings
               ,
               that
               promoted
               and
               protected
               this
               Generall
               Councell
               .
               Resp.
               Amen
               ,
               Amen
               .
               Many
               yeares
               to
               the
               most
               Serene
               Emperour
               Ferdinand
               ever-Augustus
               ,
               Orthodox
               and
               peaceable
               ,
               and
               to
               all
               other
               Kings
               ,
               Common-wealths
               and
               Princes
               .
            
          
           
             7
             See
             here
             as
             sad
             an
             end
             for
             our
             Kings
             as
             the
             beginning
             was
             pleasing
             .
             In
             the
             Catalogue
             of
             the
             fathers
             and
             Ambassadours
             they
             are
             diversly
             ranked
             ,
             but
             still
             to
             the
             disadvantage
             of
             France
             .
             In
             the
             edition
             at
             Lyons
             in
             4
             ,
             printed
             by
             
               Rovillius
               ann
            
             .
             1566
             ;
             as
             also
             in
             the
             French
             translation
             by
             
               Gentianus
               Hervetus
            
             ,
             printed
             1566
             ,
             and
             in
             the
             collections
             of
             the
             Orations
             spoken
             in
             the
             Councell
             ,
             printed
             at
             Paris
             1563
             ,
             this
             title
             is
             put
             before
             it
             ,
             
               The
               catalogue
               of
               the
               Ambassadours
               whose
               names
               are
               here
               underwritten
               ,
               according
               to
               their
               comming
               to
               the
               Citie
               of
               Trent
               .
            
             And
             afterwards
             the
             Ambassadours
             are
             so
             ranked
             ,
             that
             the
             French
             come
             after
             the
             Spanish
             .
             And
             in
             the
             catalogue
             of
             the
             Councell
             in
             Latine
             printed
             at
             Anvers
             1596
             ,
             and
             another
             at
             Lyons
             by
             the
             same
             
               Rovilliu●
               ann
            
             .
             1584
             ,
             the
             French
             Ambassadours
             are
             placed
             next
             after
             the
             Emperours
             ;
             but
             it
             is
             afterwards
             said
             .
             
               That
               the
               King
               of
               Spaines
               Amb●ss●●our
               ,
               or
               Oratour
               ,
               sat
               by
               himselfe
               ,
               by
               reason
               of
               the
               controversie
               which
               a●ose
               betwixt
               him
               and
               the
               Ambassadours
               of
               the
               most
               Christian
               King.
               
            
          
           
             See
             here
             a
             suit
             for
             our
             Kings
             ,
             which
             they
             may
             thank
             this
             Councell
             for
             .
             They
             can
             never
             approve
             the
             Acts
             of
             it
             ,
             without
             doing
             unto
             themselves
             a
             most
             grosse
             prejudice
             .
             That
             will
             bee
             asmuch
             as
             giving
             the
             King
             of
             Spaine
             a
             title
             ,
             whereby
             he
             will
             endeavour
             to
             make
             his
             cause
             good
             hereafter
             .
             And
             there
             is
             no
             other
             way
             to
             ward
             this
             blow
             but
             by
             rejecting
             the
             Councell
             :
             considering
             withall
             the
             great
             favours
             done
             by
             it
             unto
             the
             King
             of
             Spaine
             ,
             not
             only
             in
             this
             but
             all
             other
             things
             .
             So
             when
             there
             is
             any
             occasion
             of
             making
             answere
             to
             his
             Ambassadours
             ,
             this
             Councell
             cannot
             finde
             words
             significant
             enough
             to
             expresse
             their
             commendations
             ,
             wherein
             it
             is
             too
             excessive
             ;
             and
             on
             the
             contrary
             ,
             too
             reserved
             and
             sparing
             when
             there
             is
             any
             question
             about
             them
             of
             France
             .
             And
             in
             stead
             
             of
             what
             Pope
             Gregory
             said
             ,
             
             who
             compared
             the
             faith
             of
             our
             King●
             to
             a
             great
             light
             shining
             in
             the
             dark
             ;
             ranking
             them
             by
             that
             meanes
             ,
             above
             all
             other
             Kings
             ,
             in
             honour
             and
             dignitie
             :
             The
             Councel
             on
             the
             other
             side
             gives
             this
             prerogative
             to
             the
             Kings
             of
             Spaine
             ,
             giving
             them
             the
             honour
             to
             bee
             the
             chiefe
             a●●ngst
             all
             Catholique
             Princes
             .
             
               Amongst
               whom
            
             (
             saith
             it
             ,
             
             speaking
             of
             Kings
             and
             Princes
             )
             King
             Philip
             (
             Facile
             Princeps
             )
             
               the
               prime
               man
               ,
               offers
               all
               his
               studies
               ,
               industry
               ,
               meanes
               and
               endeavours
               both
               of
               body
               and
               minde
               .
            
          
           
             9
             One
             of
             the
             Presidents
             of
             that
             Councell
             ,
             speaking
             of
             the
             Kings
             of
             France
             and
             Spaine
             ,
             in
             a
             certaine
             booke
             of
             his
             ,
             puts
             the
             French
             King
             behind
             .
             For
             disputing
             against
             Brentius
             he
             saith
             ,
             
               But
               what
               a
               thing
               will
               this
               bee
               if
               those
               bee
               not
               religious
               whom
               the
               Catholique
               Church
               holdeth
               for
               such
               ?
            
             
             
               As
               for
               the
               Kings
               of
               the
            
             Romans
             ,
             of
             Spaine
             ,
             France
             ,
             England
             ,
             Portugall
             ,
             Hungary
             ,
             Poland
             ,
             Bohemia
             ,
             Scotland
             ,
             
               and
               all
               other
               Christian
               Princes
               ,
               I
               doubt
               not
               but
               they
               are
               godly
               Princes
               .
            
             I
             know
             very
             well
             that
             in
             writing
             that
             order
             is
             not
             alwaies
             observed
             which
             belongs
             unto
             the
             persons
             spoken
             of
             :
             but
             for
             him
             who
             had
             beene
             President
             in
             the
             Councell
             at
             that
             verie
             time
             when
             the
             controversie
             arose
             ,
             hee
             cannot
             excuse
             himselfe
             from
             malicious
             and
             fraudulent
             dealing
             towards
             our
             Kings
             .
          
           
             10
             Besides
             ,
             their
             right
             was
             so
             apparent
             that
             there
             could
             bee
             no
             question
             of
             it
             .
             In
             former
             Councels
             they
             had
             alwaies
             taken
             that
             place
             without
             any
             controversie
             .
             The
             Acts
             of
             them
             are
             a
             sufficient
             proof
             of
             it
             ;
             and
             amongst
             other
             of
             that
             of
             Lateran
             ,
             which
             begun
             1512
             ,
             and
             ended
             1517
             ,
             under
             Iulius
             the
             second●
             and
             Leo
             the
             tenth
             .
             Where
             in
             the
             eighth
             Session
             the
             Ambassadours
             are
             ranked
             in
             this
             order
             .
          
           
             
               
                 The
                 magnificent
                 Signiour
              
               Lewes
               de
               Solier
               ,
               
                 Ambassador
                 of
                 the
                 most
                 Christian
                 King
                 of
              
               France
               .
            
             
               
                 The
                 magnificent
                 Signiour
              
               Ierom
               de
               Vic
               ,
               
                 Ambassadour
                 of
                 the
                 Catholique
                 King
              
               Ferdinand
               of
               Aragon
               .
            
          
           
             And
             in
             the
             ninth
             Session
             .
             
               
                 
                   The
                   magnificent
                   Signiour
                
                 Lewes
                 de
                 Solier
                 ,
                 
                   Ambassador
                   of
                   the
                   most
                   Christian
                   King
                   of
                
                 France
                 .
              
               
                 
                   The
                   magnificent
                   Signiour
                
                 Ierom
                 de
                 Vic
                 ,
                 
                   Ambassadour
                   of
                   the
                   most
                   Catholique
                   King
                   of
                
                 Spaine
                 .
              
            
             The
             same
             is
             againe
             repeated
             in
             the
             tenth
             Session
             .
          
           
             
             11
             
               AEneus
               Sylvius
            
             ,
             who
             was
             afterwards
             called
             Pope
             Pius
             the
             second
             ,
             in
             the
             Acts
             of
             the
             Councel
             of
             Basil
             ,
             ranks
             the
             Kings
             of
             France
             and
             Spaine
             in
             this
             order
             ;
             
               Of
               the
               Emperours
               Ambassadours
               the
               Bishop
               of
            
             Lubes
             ,
             
               the
               Lord
            
             George
             
               of
               the
            
             French
             ,
             
               the
               Arch-Bishop
               of
            
             Tours
             ,
             
               the
               Bishop
               of
            
             Troyes
             ,
             
               and
               others
               of
               our
               Colleagues
               ,
               except
               the
               Arch-Bishop
               of
            
             Lyons
             
               Of
               the
            
             Castilians●
             
               only
               the
               Arch-Bishop
               of
            
             Consentia
             .
             
               Of
               the
            
             Aragonians
             ,
             
               not
               a
               man
               :
               howbeit
               it
               was
               afterwards
               said
               ,
               that
               the
               Bishop
               of
            
             Albigeaune
             ,
             and
             Francis
             Barbarianus
             ,
             
               who
               came
               for
            
             Milan
             ,
             
               had
               undertaken
               for
               the
               King
               of
            
             Aragon
             .
             In
             the
             edition
             of
             the
             Councels
             of
             Constance
             and
             Basil
             ,
             printed
             at
             Milan
             by
             
               Gotardus
               Ponticus
               ann
            
             .
             1511
             ,
             there
             is
             a
             picture
             at
             the
             beginning
             and
             end
             of
             either
             of
             them
             ,
             where
             the
             King
             of
             France
             is
             placed
             next
             to
             the
             Emperour
             .
          
           
             12
             There
             is
             likewise
             a
             very
             ancient
             book
             called
             ,
             
               The
               Provinciall
               of
               all
               the
               Churches
               ,
            
             where
             after
             it
             hath
             reckoned
             up
             all
             the
             Archbishopriques
             that
             were
             at
             that
             time
             in
             Christendome
             ,
             it
             placeth
             the
             Emperours
             and
             Kings
             in
             this
             manner
             :
             
               
                 
                   Christian
                   Emperours
                   .
                
                 
                   
                     The
                     Emperour
                     of
                  
                   Rome
                   .
                
                 
                   
                     The
                     Emperour
                     of
                  
                   Constantinople
                   .
                
              
               
                 
                 
                   Christian
                   Kings
                   .
                   
                
                 
                   
                     The
                     King
                     of
                  
                   France
                   .
                
                 
                   
                     The
                     King
                     of
                  
                   England
                   .
                
                 
                   
                     The
                     King
                     of
                  
                   Castile
                   and
                   Leon.
                   
                
                 
                   
                     The
                     King
                     of
                  
                   Sicily
                   .
                
                 
                   
                     The
                     King
                     of
                  
                   Aragon
                   .
                
                 
                   
                     The
                     King
                     of
                  
                   Hungary
                   ,
                   &c.
                   
                
              
            
          
           
             13
             The
             French
             colours
             (
             saith
             a
             Baldus
             )
             
               march
               alwaies
               foremost
               ;
               and
               no
               other
               King
               whatsoever
               may
               goe
               before
               them
               .
            
             And
             elsewhere
             ,
             b
             
               The
               King
               of
            
             France
             
               is
               above
               all
               other
               Kings
            
             .
             Our
             Doctours
             marshall
             the
             Kings
             so
             that
             they
             alwaies
             put
             him
             of
             France
             in
             the
             fore
             front
             ;
             as
             c
             
               Alberi●us
               de
               Rosate
            
             ,
             d
             
               Antonius
               Corsetus
            
             ,
             and
             e
             others
             .
             Some
             of
             them
             tell
             us
             ,
             that
             if
             hee
             be
             walking
             with
             the
             Emperour
             ,
             at
             the
             going
             in
             at
             doores
             ,
             and
             other
             strait
             places
             ,
             they
             enter
             both
             together
             sidewise
             ,
             and
             the
             one
             doth
             not
             goe
             before
             the
             other
             .
             Boniface
             f
             
               de
               Vitalianis
            
             witnesseth
             that
             at
             Rome
             in
             his
             time
             hee
             that
             spoke
             of
             a
             King
             without
             addition
             ,
             was
             supposed
             to
             meane
             the
             King
             of
             France
             .
             An
             ancient
             Greek
             g
             authour
             saith
             the
             like
             for
             his
             time
             .
             An
             English
             Historian
             saith
             ,
             the
             King
             of
             France
             is
             accounted
             the
             chiefe
             amongst
             all
             Kings
             .
             In
             briefe
             it
             is
             the
             common
             opinion
             of
             all
             the
             Doctours
             that
             ever
             writ
             of
             it
             :
             to
             seeke
             no
             further
             ,
             even
             of
             the
             Spaniards
             themselves
             .
          
           
             14
             I
             will
             content
             my selfe
             with
             setting
             downe
             here
             in
             this
             place
             what
             hath
             beene
             spoken
             of
             this
             point
             by
             one
             of
             the
             King
             of
             Spaines
             owne
             subjects
             .
             
               Lancelot
               Conrade
            
             by
             name
             ,
             as
             considering
             that
             his
             testimony
             is
             authentique
             and
             void
             of
             all
             suspicion
             .
             
               The
               Doctors
            
             (
             saith
             he
             )
             
               doe
               sometimes
               dispute
               which
               of
               all
               the
               Kings
               is
               to
               have
               the
               first
               degree
               of
               honour
               ,
               and
               who
               is
               preferred
               above
               all
               the
               rest
               .
               But
               they
               seeme
               generally
               to
               agree
               ,
               that
               this
               honour
               belongs
               entirely
               to
               the
               King
               of
            
             France
             :
             
               for
               he
               is
               styled
               the
               most
               Christian
               King
               ;
               and
               is
               above
               all
               Kings
               at
               this
               day
               ,
               and
               takes
               place
               of
               them
               :
               as
            
             Baldus
             teacheth
             Ad
             §
             .
             ult
             .
             Colum.
             ult
             .
             tit
             .
             De
             prohibita
             feudi
             alienatione
             per
             Fridericum
             .
             
               And
               before
               him
            
             Iohannes
             Andraeas
             in
             cap.
             2.
             
             De
             praebend
             .
             in
             6.
             
             
               Which
               is
               followed
               by
            
             Paris
             de
             Puteo
             in
             Tract
             .
             de
             duello
             .
             §
             .
             nobilis
             provocavit
             .
             num
             .
             10.
             lib.
             25.
             
             And
             Nicholas
             Boerius
             Tract
             .
             de
             ord
             .
             grad
             .
             utr
             .
             for
             .
             in
             prima
             parte
             num
             .
             12.
             
             
               And
               that
               by
               the
               authority
               of
            
             Albericus
             de
             Rosate
             ,
             in
             Rubric
             .
             Digest
             .
             de
             statu
             hominis
             .
             De
             Ripa
             
               saith
               likewise
               in
               his
               Tract
            
             De
             peste
             part
             .
             1.
             num
             .
             80.
             
               according
               to
            
             Baldus
             Cons.
             217.
             
             Ego
             puto
             .
             volum
             .
             3.
             
               that
               no
               man
               may
               pretend
               any
               prerogative
               of
               honour
               against
               the
               colours
               of
               the
               King
               of
            
             France
             .
             Hee
             afterwards
             comes
             to
             speake
             of
             the
             King
             of
             Spaine
             ,
             whom
             he
             highly
             extols
             for
             his
             power
             ,
             greatnesse
             ,
             and
             titles
             ;
             yet
             so
             as
             for
             matter
             of
             order
             he
             alwayes
             makes
             him
             inferiour
             to
             the
             King
             of
             France
             .
             And
             yet
             for
             all
             that
             he
             was
             his
             Prince
             ,
             and
             Conrade
             his
             naturall
             subject
             ,
             as
             being
             a
             native
             and
             inhabitant
             of
             the
             towne
             of
             Lauda
             within
             the
             Duchy
             of
             Milan
             .
             For
             marke
             what
             hee
             saith
             himselfe
             of
             it
             when
             he
             reckons
             up
             the
             titles
             of
             the
             King
             of
             
               Spaine
               .
               He
               is
               King
               ,
               Prince
               ,
               Arch.
               Duke
               ,
               Duke
               and
               Lord
               of
               divers
               townes
               :
               and
               was
               not
               long
               agoe
               made
               Duke
               of
            
             Milan
             ,
             
               our
               Lord
               and
               our
               Duke
            
             .
             There
             is
             yet
             more
             in
             it
             :
             namely
             ,
             that
             the
             saying
             of
             this
             Doctour
             was
             confirmed
             and
             authorized
             by
             a
             Decree
             of
             the
             Senate
             of
             Milan
             ,
             that
             is
             ,
             by
             one
             of
             the
             King
             of
             Spains
             Soveraigne
             Courts
             .
             For
             heare
             what
             the
             same
             author
             saith
             of
             it
             in
             his
             preface
             .
             Petrus
             Paulus
             Arigonus
             
               third
               President
               ,
               and
               one
               of
               the
               Kings
               Counsellours
               in
               the
               Province
               of
            
             Milan
             ,
             
               and
               with
               him
            
             Petrus
             Antonius
             Marlianus
             ,
             Iohannes
             Baptista
             Raynoldus
             ,
             Danesius
             Phili●onus
             ,
             Marcus
             Antonius
             Caymus
             ,
             
               Commissary
               appointed
               for
               this
               matter
               by
               speciall
               deputation
               ,
            
             Paulus
             Alia
             ,
             Ludovicus
             Mazanta
             ,
             Octavianus
             Bignamus
             
               Senator
               elect
               by
               the
               King
               as
               being
               of
            
             Lauda
             ,
             Iulius
             Clarus
             ,
             Polictonius
             Mediobarba
             Molineus
             ,
             Scipio
             Symoneta
             ,
             and
             Leonardus
             Herera
             ,
             
             
               famous
               Lawyers
               and
               honourable
               Senatours
               ,
               have
               by
               a
               speciall
               Decree
               ordained
               that
               this
               booke
               may
               be
               published
               .
            
             
             Nay
             Pope
             Pius
             himselfe●
             as
             the
             same
             authour
             affirmeth
             in
             the
             processe
             of
             that
             discourse
             ,
             confirmed
             it
             ;
             (
             it
             may
             be
             without
             ever
             thinking
             of
             this
             .
             )
             
               And
               afterwards
            
             (
             saith
             hee
             )
             
               the
               great
               Pope
            
             Pius
             
               the
               fourth
               confirmed
               ,
               and
               ,
               as
               it
               were
               ,
               consecrated
               this
               Temple
               by
               imposition
               of
               hands
               .
            
          
           
             15
             And
             yet
             for
             all
             that
             ,
             he
             was
             the
             man
             who
             would
             have
             put
             the
             King
             of
             Spaine
             in
             equipage
             with
             ours
             at
             the
             Councell
             of
             Trent
             ,
             as
             Onuphrius
             testifies
             .
             
             It
             is
             true
             which
             hee
             addes
             that
             the
             same
             Pope
             gave
             the
             precedency
             of
             honour
             to
             our
             Kings
             Ambassadour
             at
             
               Rome
               .
               Not
               long
               after
            
             (
             saith
             he
             )
             
               when
               there
               arose
               a
               controversie
               betwixt
               the
            
             French
             and
             Spanish
             
               Ambassadours
               who
               should
               have
               the
               more
               honourable
               place
               in
               publique
               assemblies
               ,
               which
               was
               hatched
               long
               before
               by
               meanes
               of
            
             Francis
             Varga
             :
             
               the
               Pope
               after
               much
               dodging
               at
               last
               adjudged
               the
               first
               place
               to
               the
            
             French
             ,
             
               after
               he
               had
               beene
               long
               plodding
               about
               a
               forme
               of
               agreement
               ,
               but
               could
               finde
               none
               .
               For
               the
            
             Spaniard
             
               denied
               the
               precedency
               to
               the
            
             French
             ,
             
               and
               the
            
             French
             
               would
               not
               endure
               that
               he
               should
               be
               made
               equall
               with
               him
               .
            
             But
             there
             is
             alwayes
             in
             the
             Popes
             exactions
             as
             well
             as
             in
             the
             decrees
             of
             our
             Councels
             ,
             somewhat
             in
             the
             fag-end
             that
             spoiles
             all
             .
             For
             marke
             what
             followes
             .
             
               Vpon
               this
               occasion
            
             ,
             Ludovicus
             Requesenius
             ,
             
               great
               commander
               of
            
             Castile
             ,
             
               and
               Ambassadour
               of
            
             Spaine
             ,
             
               being
               displeased
               ,
               departed
               from
            
             Rome
             ,
             
               after
               hee
               had
               made
               his
               publique
               protestation
               to
               the
               Pope
               ,
               which
               the
               Pope
               admitted
               ,
               and
               promised
               him
               he
               would
               judge
               of
               it
               .
            
             I
             know
             not
             how
             he
             meanes
             to
             proceed
             in
             it
             :
             for
             to
             judge
             after
             he
             hath
             once
             determined
             it
             himselfe
             ,
             to
             what
             purpose
             ?
             seeing
             there
             is
             ●o
             new
             evidence
             come
             in
             ,
             and
             that
             he
             was
             so
             long
             a
             consulting
             about
             that
             judgement
             which
             he
             passed
             .
             To
             referre
             it
             to
             a
             Councell
             ,
             that
             were
             as
             much
             as
             to
             confesse
             himselfe
             inferiour
             to
             it
             :
             he
             will
             beware
             of
             that
             blow
             .
             So
             you
             see
             we
             are
             put
             upon
             the
             quarrell
             againe
             .
          
           
             16
             After
             that
             there
             were
             some
             Popes
             that
             altered
             the
             place
             which
             the
             Emperours
             Ambassadours
             and
             they
             of
             other
             Kings
             used
             to
             have
             in
             their
             Chappell
             ,
             &
             made
             choice
             of
             another
             altogether
             inconvenient
             ,
             to
             the
             intent
             that
             they
             not
             accepting
             of
             it
             ,
             the
             Spanish
             Ambassadours
             should
             not
             lose
             the
             precedency
             ,
             which
             fell
             out
             accordingly
             .
             And
             from
             that
             time
             forwards
             there
             hath
             beene
             a
             contention
             about
             precedency
             betwixt
             the
             Ambassadours
             of
             the
             two
             Kings
             .
             Which
             was
             debated
             at
             Venice
             when
             the
             league
             was
             concluded
             against
             the
             Turke
             betwixt
             the
             Pope
             ,
             the
             King
             of
             Spaine
             ,
             and
             the
             Venetians
             .
             For
             the
             Spanish
             Ambassadour
             entreated
             that
             the
             French
             might
             not
             assist
             at
             the
             Ceremonies
             .
             But
             the
             Signiory
             thought
             it
             fit
             that
             he
             should
             hold
             that
             ranke
             of
             honour
             which
             belonged
             unto
             him
             .
             And
             so
             he
             did
             .
             It
             is
             true
             the
             Spaniard
             ,
             who
             was
             a
             Church
             man
             ,
             to
             slip
             his
             necke
             out
             of
             the
             collar
             ,
             desired
             that
             he
             might
             sing
             Masse
             :
             which
             was
             granted
             unto
             him
             .
             As
             for
             the
             Court
             of
             Rome
             ,
             the
             King
             of
             Spaine
             hath
             ,
             for
             some
             late
             yeares
             ,
             had
             so
             much
             succour
             and
             favour
             there
             ,
             that
             nothing
             could
             be
             hoped
             for
             from
             thence
             but
             to
             the
             disadvantage
             of
             the
             French.
             The
             nonage
             of
             King
             Charles
             emboldened
             the
             King
             of
             Spaine
             to
             call
             his
             honours
             in
             question
             :
             our
             by-past
             follies
             have
             made
             him
             attempt
             upon
             the
             State
             ,
             for
             his
             successours
             .
             But
             he
             that
             preserved
             and
             restored
             it
             ,
             as
             he
             surpasseth
             all
             the
             Kings
             of
             the
             earth
             in
             glorious
             atchievements
             ,
             will
             one
             day
             put
             a
             period
             to
             this
             dispute
             .
          
        
         
           
           
             CHAP.
             VIII
             .
             Of
             Indults
             and
             Excommunications
             .
          
           
             1
             THis
             Councell
             repeales
             the
             Indults
             granted
             to
             the
             Chancelour
             ,
             
             Presidents
             ,
             Masters
             of
             Requests
             ,
             Counsellours
             ,
             and
             other
             Officers
             of
             the
             Courts
             of
             Parliament
             .
             
             
               The
               holy
               Synod
               doth
               decree
               that
               mandates
               by
               way
               of
               provision
               ,
               and
               expectative
               graces
               (
               as
               they
               call
               them
               )
               shall
               not
               hereafter
               be
               granted
               to
               any
               ,
               not
               to
               Colledges
               ,
               Vniversities
               ,
               Senates
               ,
               or
               other
               particular
               persons
               ,
               by
               the
               name
               of
               Indult
               ,
               or
               for
               a
               sum
               certain
               ,
               or
               upon
               any
               other
               pretēce
               :
               nor
               shal
               it
               be
               lawfull
               for
               them
               to
               use
               such
               as
               are
               already
               granted
               .
               Neither
               shall
               mentall
               reservations
               ,
               nor
               any
               other
               graces
               upon
               the
               future
               vacancy
               of
               Benefices
               ,
               nor
               Indults
               for
               another
               mans
               Church
               or
               Monastery
               ,
               be
               granted
               to
               any
               ,
               not
               even
               to
               the
               Cardinals
               of
               the
               holy
            
             Roman
             
               Church
               :
               and
               such
               as
               have
               been
               formerly
               granted
               shall
               be
               accounted
               abrogate
               .
            
             And
             yet
             for
             all
             this
             it
             is
             a
             very
             ancient
             law
             ,
             
             
               some
               footsteps
               whereof
               may
               bee
               found
               in
               the
               times
               of
               Pope
            
             Sixtus
             
               the
               fourth
               ,
               and
               that
               even
               under
               the
               reigne
               of
            
             Philip
             
               the
               Faire
            
             ,
             as
             t
             is
             said
             in
             the
             liberties
             of
             the
             Gallicane
             Church
             .
             Eugenius
             the
             fourth
             granted
             also
             some
             Buls
             out
             in
             this
             case
             ,
             which
             were
             afterwards
             confirmed
             by
             Paul
             the
             third
             ,
             in
             the
             yeare
             1538
             ,
             the
             publication
             whereof
             is
             inserted
             among
             the
             great
             Ordinances
             .
             It
             is
             a
             thing
             which
             ha's
             beene
             tolerated
             by
             our
             Kings
             ,
             yea
             which
             ha's
             beene
             confirmed
             by
             them
             :
             whose
             authoritie
             ,
             if
             there
             were
             no
             other
             title
             ,
             may
             suffice
             in
             this
             case
             .
          
           
             2
             I
             will
             here
             transcribe
             certaine
             proviso's
             made
             by
             King
             Lewes
             th'
             eleventh
             ,
             taken
             out
             of
             an
             ancient
             Register
             which
             I
             have
             in
             my
             custody
             ,
             for
             the
             proofe
             of
             my
             assertion
             Lewes
             
               by
               the
               grace
               of
               God
               King
               of
            
             France
             ,
             
               to
               our
               welbeloved
               and
               faithfull
               Counsellour
               the
               Bishop
               of
            
             Limoges
             ,
             
               and
               to
               our
               trusty
               and
               welbeloved
               the
               Deane
               and
               Chapter
               of
            
             Limoges
             
               aforesaid
               ,
               and
               to
               every
               one
               of
               you
               as
               well
               jointly
               as
               severally
               ,
               sendeth
               greeting
               .
               Whereas
               our
               trusty
               and
               beloved
               the
               Chancelours
               ,
               Presidents
               ,
               Masters
               of
               ordinary
               requests
               for
               our
               houshold
               ,
               Counsellours
               ,
               Registers
               ,
               Notaries
               ,
               together
               with
               our
               Advocates
               &
               Atturney
               generall
               for
               our
               Court
               of
               Parliament
               ,
               every
               man
               in
               his
               place
               &
               office
               are
               appointed
               &
               ordained
               to
               wait
               continually
               upon
               the
               imployment
               &
               administration
               of
               our
               said
               court
               ,
               &
               the
               administration
               of
               justice
               supreme
               and
               capitall
               for
               our
               said
               Realme
               ;
               which
               is
               a
               very
               laudable
               thing
               ,
               commendable
               &
               necessary
               for
               us
               ,
               our
               subjects
               ,
               &
               the
               whole
               cōmonweal●h
               of
               this
               our
               kingdome
               ;
               in
               which
               our
               Court
               the
               rights
               and
               liberties
               of
               th●
               Church
               of
            
             France
             ,
             
               whereof
               we
               are
               the
               guardian
               and
               protectour
               ,
               are
               preserved
               .
               And
               for
               this
               reason
               our
               said
               Court
               doth
               consist
               in
               part
               of
               Counsellours
               and
               Officers
               ,
               which
               are
               Clergie
               men
               and
               Ecclesiasticall
               persons
               .
               And
               in
               consideration
               of
               the
               great
               ,
               laudable
               ,
               and
               commendable
               services
               of
               the
               said
               Chancelour
               ,
               Presidents
               ,
               Masters
               of
               Requests
               ,
               Counsellours
               ,
               Registers
               ,
               Notaries
               ,
               Advocates
               ,
               and
               Atturney
               ,
               they
               or
               others
               by
               their
               nomination
               by
               meanes
               of
               the
               intercession
               of
               our
               predecessours
               to
               the
               Prelates
               and
               other
               Patrons
               and
               Conferrers
               of
               benefices●
               have
               beene
               preferred
               unto
               and
               generally
               provided
               of
               Church
               livings
               ,
               which
               the
               said
               Prelates
               or
               others
               
               the
               Patrons
               or
               b●stowers
               of
               the
               same
               have
               freely
               conferred
               upon
               them
               ,
               or
               have
               presented
               them
               unto
               the
               said
               Tatrons
               in
               favour
               and
               consideration
               of
               us
               ,
            
             
             
               and
               their
               owne
               great
               and
               commendable
               services
               as
               aforesaid
               .
               Which
               said
               Chancelour
               ,
               Presidents
               ,
               Masters
               of
               requests
               ,
               Counsellours
               ,
               Registers
               ,
               Notaries
               ,
               Advocates
               and
               Atturney
               ,
               since
               our
               comming
               to
               the
               crowne
               ,
               nor
               a
               long
               time
               before
               ,
               have
               not
               had
               any
               such
               pr●ferment
               upon
               our
               entreaty
               and
               request
               to
               the
               said
               Prelats
               ,
               Patrons
               ,
               and
               Collatours
               ,
               as
               formerly
               they
               were
               wont
               to
               have
               .
               And
               for
               this
               reason
               the
               said
               Court
               hath
               ,
               with
               our
               leave
               and
               licence
               ,
               made
               a
               certaine
               roll
               wherein
               every
               one
               of
               them
               are
               presented
               and
               nominated
               ,
               or
               have
               presented
               and
               nominated
               others
               in
               their
               stead
               ,
               each
               one
               to
               some
               or
               other
               preferment
               belonging
               to
               you
               ,
               or
               other
               the
               Collatours
               and
               Patrons
               of
               the
               benefices
               of
               our
               said
               Realme
               .
               And
               whereas
               our
               trusty
               and
               welbeloved
               Counsellour
               Mr.
            
             German
             Chartelier
             
               hath
               nominated
               Mr.
            
             German
             Chartelier
             
               his
               sonne
               unto
               one
               of
               your
               Collations
               and
               presentations
               ,
               wee
               considering
               the
               continuall
               charge
               and
               imployment
               ,
               the
               great
               paines
               and
               trouble
               of
               our
               said
               Chancelour
               ,
               Presidents
               ,
               Masters
               of
               request
               ,
               and
               other
               Officers
               who
               are
               all
               noted
               men
               ,
               learned
               and
               skilfull
               in
               the
               law
               :
               following
               the
               good
               and
               laudable
               customs
               of
               our
               ancestors
               ,
               as
               also
               of
               the
               conferrers
               and
               patrons
               in
               our
               said
               Realme
               ,
               we
               entreat
               and
               require
               you
               to
               give
               ,
               present
               ,
               and
               bestow
               upon
               the
               said
               Mr.
            
             German
             Chartelier
             
               for
               and
               in
               stead
               of
               our
               said
               Counsellour
               ,
               whom
               hee
               for
               his
               part
               hath
               nominated
               in
               his
               place
               ,
               the
               first
               benefice
               that
               shall
               be
               void
               within
               your
               disposall
               ,
               collation
               ,
               or
               presentation
               ,
               as
               our
               said
               Counsellour
               shall
               require
               or
               cause
               you
               to
               bee
               required
               thereunto
               .
               Hoping
               that
               you
               will
               not
               make
               any
               deniall
               or
               difficulty
               of
               this
               our
               request
               ,
               which
               is
               most
               just
               and
               reasonable
               ,
               but
               will
               obey
               it
               :
               especially
               considering
               that
               our
               said
               Chancelour
               ,
               Presidents
               ,
               Masters
               of
               requests
               ,
               Couns●llours
               ,
               and
               other
               Officers
               of
               our
               said
               Court
               ,
               are
               imployed
               daily
               and
               in
               continual
               trouble
               about
               the
               maintenance
               and
               defence
               of
               the
               rights
               and
               priviledges
               of
               the
               Churches
               of
               our
               said
               Realme
               ,
               and
               the
               administration
               of
               justice
               to
               our
               said
               subjects
               ;
               signifying
               unto
               you
               that
               you
               shall
               herein
               doe
               us
               such
               an
               acceptable
               favour
               ,
               as
               nothing
               more
               :
               by
               meanes
               whereof
               we
               take
               you
               and
               your
               affaires
               into
               speciall
               recommendation
               .
               Given
               at
            
             Mascon
             
               the
               eighteenth
               day
               of
               August
               in
               the
               yeare
               of
               Grace
            
             1503.
             
               and
               of
               our
               reigne
               the
               six●
               ;
               thus
               subscribed
               ,
               By
               the
               King.
               In
               the
               presence
               of
               my
               Lord
               Cardinall
            
             D'Amboise
             
               Legat
               in
            
             France
             ,
             
               and
               others
            
             .
             Robertet
             .
             
               Sealed
               with
               yellow
               wax
               ,
               with
               the
               Kings
               broad
               Seale
               .
            
          
           
             3
             There
             is
             in
             the
             same
             Booke
             an
             exemplification
             of
             the
             privie
             letters
             which
             the
             Court
             of
             Parliament
             writ
             to
             the
             Prelates
             about
             those
             nominations
             :
             the
             tenour
             whereof
             is
             this
             .
             
               Reverend
               father
               in
               God
               ,
               wee
               send
               greeting
               to
               you
               .
               Reverend
               father
               in
               God
               ,
               it
               hath
               pleased
               the
               king
               to
               grant
               unto
               the
               Presidents
               ,
               Counsellours
               ,
               and
               other
               Officers
               of
               this
               Court
               ,
               his
               letters
               and
               nomination
               to
               some
               benefices
               which
               are
               in
               the
               hands
               of
               some
               Conferrours
               and
               Patrons
               of
               this
               Realme
               ,
               and
               among
               others
               to
               our
               brother
               such
               a
               Counsellour
               of
               our
               said
               Soveraigne
               in
               this
               Court
               ,
               to
               the
               benefices
               which
               are
               in
               your
               gift
               and
               disposall
               .
               Wherefore
               we
               most
               earnestly
               beseech
               you
               ,
               that
               in
               obedience
               to
               the
               said
               letters
               ,
               and
               in
               consideration
               of
               the
               deserts
               of
               our
               said
               brother
               ,
               you
               would
               bestow
               upon
               him
               the
               first
               benefice
               that
               fals
               in
               your
               gift
               ,
               being
               by
               him
               required
               thereunto
               .
               And
               in
               so
               doing
               you
               shall
               doe
               us
               a
               most
               acceptable
               courtesie
               ,
               for
               which
               we
               shall
               take
               your
               affaires
               into
               speciall
               recommendation
               .
               Reverend
               Father
               in
               God
               ,
               we
               beseech
               the
               blessed
               Sonne
               of
               God
               to
               grant
               you
               your
               desire
               .
               Written
               at
               Paris
               in
               the
               Parliament
               ,
               under
               the
               seale
               thereof
               ,
               the
               seventh
               day
               of
               September
               ,
               the
               men
               celebrating
               the
               Kings
               Parliament
               .
            
             And
             this
             annotation
             is
             writ
             in
             the
             margeut
             ,
             
               Antiquitùs
               fiebant
               aliter
            
             .
             All
             this
             serves
             to
             shew
             the
             antiquity
             and
             possession
             of
             this
             right
             ,
             which
             we
             could
             not
             but
             touch
             upon
             ,
             considering
             ,
             as
             it
             seemes
             ,
             that
             this
             Councell
             was
             resolved
             to
             be
             revenged
             upon
             that
             venerable
             Senate
             ,
             in
             hatred
             of
             that
             service
             which
             they
             have
             ever
             done
             to
             their
             Prince
             and
             whole
             Realme
             as
             oft
             as
             there
             was
             any
             danger
             of
             their
             preservation
             .
          
           
           
             4
             This
             Counncell
             hath
             also
             gone
             about
             to
             diminish
             the
             power
             of
             other
             Parliaments
             and
             Courts
             of
             justice
             in
             France
             for
             as
             much
             as
             concernes
             excommunications
             ,
             
             ordaining
             two
             things
             which
             are
             very
             prejudiciall
             to
             the
             tem●orall
             justice
             .
             First
             ,
             
               That
               no
               excommunication
               nor
               citation
               be
               granted
               out
               by
               the
               Bishop
               upon
               the
               request
               or
               authority
               of
               the
               Magistrate
               .
            
             The
             next
             ,
             
               That
               it
               shall
               not
               be
               lawfull
               for
               the
               secular
               Magistrate
               ,
               whosoever
               he
               be
               ,
               to
               prohibit
               or
               forbid
               the
               Ecclesiasticall
               Iudge
               to
               excommunicate
               any
               man
               ,
               or
               charge
               him
               to
               revoke
               the
               excommunication
               by
               him
               denounced
               .
            
             And
             that
             is
             ,
             say
             they
             ,
             because
             
               this
               cognizance
               belongs
               not
               to
               Seculars
               ,
               but
               to
               Ecclesiastiques
               .
            
             This
             reacheth
             further
             than
             a
             man
             would
             think
             .
             It
             is
             the
             robbing
             of
             Parliaments
             of
             the
             meanes
             which
             they
             have
             to
             stop
             the
             course
             of
             those
             interdicts
             and
             excommunications
             which
             are
             thundered
             out
             against
             the
             Realme
             of
             France
             by
             the
             Popes
             when
             they
             are
             in
             their
             fury
             ;
             to
             bridle
             the
             abuses
             of
             the
             Court
             of
             Rome
             and
             the
             Clergy
             of
             this
             Realme
             ,
             who
             have
             sometime
             ventured
             so
             farre
             in
             thi●
             kinde
             that
             we
             could
             see
             nothing
             but
             confusion
             and
             disorder
             .
             But
             't
             is
             requisite
             we
             treat
             of
             these
             two
             points
             distinctly
             ;
             for
             that
             which
             we
             are
             about
             to
             say
             concernes
             properly
             the
             later
             .
          
           
             5
             It
             is
             an
             ancient
             practice
             of
             our
             Iudges
             Royall
             in
             France
             upon
             just
             occasion
             to
             grant
             out
             monitories
             against
             the
             plaintife
             or
             defendant
             ,
             and
             to
             decree
             that
             they
             be
             proceeded
             against
             by
             Ecclesiasticall
             censures
             ,
             and
             b●
             excommunications
             :
             Their
             sentences
             were
             wont
             to
             bee
             executed
             by
             the
             Priests
             and
             other
             Churchmen
             without
             any
             difficulty
             .
             This
             power
             of
             the
             Iudges
             Royall
             was
             ,
             since
             the
             celebration
             of
             this
             Councell
             ,
             confirmed
             by
             the
             twenty
             first
             article
             of
             the
             Ordinance
             of
             Blois
             :
             see
             here
             the
             words
             of
             it
             .
             
               For
               the
               revelation
               of
               which
               crime
               the
               said
               Bishops
               ,
               together
               with
               our
               Offi●ers
               ,
               may
               cause
               monitories
               to
               be
               published
               in
               all
               the
               parishes
               ,
               at
               such
               time
               as
               they
               shall
               thinke
               proper
               and
               fit
               .
            
             It
             is
             also
             confirm'd
             by
             infinite
             number
             of
             a
             Arrests
             of
             Parliaments
             sent
             out
             at
             severall
             times
             ;
             which
             regulate
             these
             licences
             of
             proceeding
             by
             excommunications
             ,
             granted
             by
             under
             Iudges
             .
             Besides
             ,
             our
             b
             Practitioners
             set
             us
             downe
             the
             very
             formes
             of
             them
             .
             Emperours
             and
             Kings
             have
             alwayes
             had
             the
             rule
             and
             managing
             of
             excommunications
             ;
             and
             have
             sometimes
             used
             it
             themselves
             .
             The
             lawes
             of
             c
             Iustinian
             ,
             d
             Charles
             the
             Great
             ,
             e
             Charles
             the
             ninth
             ,
             and
             others
             ,
             which
             are
             received
             even
             by
             the
             Popes
             themselves
             and
             other
             Clergy
             men
             ,
             doe
             fully
             prove
             it
             .
             Now
             there
             is
             no
             question
             but
             the
             power
             which
             they
             have
             in
             this
             particular
             they
             might
             derive
             it
             upon
             the
             person
             of
             their
             Officers
             .
             The
             Clergy
             have
             alwayes
             suffered
             the
             use
             of
             this
             practice
             .
             It
             is
             true
             ,
             that
             as
             in
             other
             things
             they
             have
             gone
             about
             to
             hooke
             in
             unto
             themselves
             the
             whole
             administration
             of
             justice
             ,
             so
             have
             they
             endeavoured
             to
             doe
             the
             like
             in
             this
             case
             ;
             not
             directly
             ,
             but
             obliquely
             .
             For
             in
             proceeding
             to
             censures
             by
             virtue
             of
             the
             command
             of
             the
             Iudge
             Royall
             ,
             they
             have
             gone
             about
             to
             get
             the
             cognizance
             of
             the
             revelations
             made
             in
             consequence
             of
             those
             censures
             ,
             by
             that
             meanes
             robbing
             the
             Iudge
             of
             his
             jurisdiction
             .
          
           
             6
             As
             for
             the
             other
             point
             ,
             where
             they
             say
             that
             the
             cognizance
             of
             censures
             belongs
             not
             to
             Secular
             Iudges
             ,
             the
             contrary
             is
             evident
             from
             those
             reasons
             which
             have
             beene
             urg'd
             already
             ;
             whereto
             wee
             will
             adde
             use
             and
             practice
             .
             It
             is
             certaine
             that
             in
             all
             ages
             ,
             secular
             Princes
             ,
             their
             Officers
             and
             Magistrates
             ,
             or
             other
             their
             Committees
             have
             judged
             of
             abuses
             ,
             befalling
             in
             excommunications
             and
             interdicts
             :
             have
             stopped
             the
             unjust
             proceedings
             of
             Popes
             and
             other
             Ecclesiastiques
             ;
             have
             bridled
             their
             too
             bold
             enterprizes
             ,
             their
             passionate
             maledictions
             .
             The
             Courts
             Royall
             of
             this
             Kingdome
             were
             wont
             to
             grant
             the
             courtesie
             of
             an
             absolution
             by
             way
             of
             caution
             to
             the
             appellant
             as
             from
             abuse
             ,
             whether
             Clergy
             man
             or
             lay
             (
             without
             any
             prejudice
             to
             the
             right
             of
             the
             parties
             )
             and
             compell
             the
             Bishop
             to
             endure
             it
             even
             by
             the
             seizure
             of
             his
             temporals
             .
             It
             is
             one
             of
             the
             liberties
             of
             the
             Gallicane
             Church
             .
             By
             an
             Arrest
             of
             the
             twelfth
             of
             December
             1468
             ,
             
             granted
             at
             the
             instance
             of
             the
             Kings
             Atturney
             generall
             ,
             and
             Mr.
             
               Peter
               Charres
            
             Regent
             Doctor
             in
             Divinity
             in
             the
             Vniversity
             of
             Paris
             ,
             
             it
             was
             declared
             ,
             that
             notwithstanding
             the
             interdict
             ,
             which
             was
             denounced
             against
             the
             City
             and
             Diocesse
             of
             N●v●rs
             by
             virtue
             of
             certaine
             Buls
             from
             the
             Pope
             ,
             divine
             service
             should
             be
             there
             continued
             ,
             and
             the
             Churchmen
             should
             bee
             compell'd
             to
             doe
             it
             by
             the
             distraining
             and
             seisure
             of
             their
             temporalls
             .
             By
             another
             in
             1488
             the
             Bull
             which
             at
             the
             instance
             of
             Maximilian
             of
             Austria
             ,
             was
             thundered
             out
             by
             the
             Pope
             against
             the
             inhabitants
             of
             Gant
             and
             Bruges
             ,
             
             then
             the
             King
             of
             France
             his
             subjects
             ,
             was
             declared
             to
             bee
             abusive
             .
             It
             was
             necessary
             the
             secular
             Iudges
             should
             take
             knowledge
             of
             such
             fulminations
             ,
             con●idering
             the
             abuses
             were
             unsufferable
             .
          
           
             7
             They
             have
             plaid
             such
             re●ks
             with
             these
             censures
             heretofore
             ,
             that
             there
             was
             no
             case
             in
             which
             they
             were
             not
             us'd
             ,
             
             right
             or
             wrong
             to
             the
             great
             scandal
             and
             vexation
             of
             good
             men
             .
             By
             meanes
             of
             them
             the
             Iudges
             Royall
             were
             totally
             stripped
             of
             their
             jurisdiction
             .
             For
             they
             were
             excommunicated
             ,
             because
             they
             would
             have
             had
             the
             cognizance
             of
             possession
             ,
             procured
             by
             a
             Lay
             man
             for
             the
             holding
             of
             some
             of
             his
             Lands
             against
             a
             Clergy-man
             .
             a
             As
             also
             for
             b
             not
             admitting
             of
             an
             appeal
             put
             in
             to
             the
             Ecclesiasticall
             Iudge
             ,
             from
             sentence
             given
             betwixt
             Lay
             men
             ,
             in
             an
             action
             reall
             or
             personall
             ;
             c
             nor
             of
             an
             appeal
             put
             in
             from
             a
             command
             of
             an
             Arrest
             granted
             out
             against
             one
             Lay
             man
             at
             the
             suit
             of
             another
             for
             some
             pecuniary
             debt
             .
             For
             not
             d
             causing
             the
             thing
             which
             hee
             had
             robb'd
             or
             stolne
             ,
             to
             bee
             restored
             to
             the
             thief
             ,
             (
             after
             sentence
             was
             pas●ed
             upon
             it
             ,
             and
             it
             adjudg'd
             to
             him
             to
             whom
             it
             belonged
             after
             proofe
             made
             thereof
             )
             under
             colour
             that
             hee
             is
             a
             Church-man
             ,
             standing
             upon
             this
             qualitie
             after
             judgement
             had
             passed
             upon
             him
             .
             For
             not
             surrendring
             up
             a
             malefactour
             ,
             affirming
             himselfe
             to
             bee
             a
             Clergy-man
             ,
             although
             hee
             had
             neither
             tonsure
             nor
             habit
             appertaining
             to
             a
             Clerk
             ,
             and
             hath
             liv'd
             as
             a
             Lay
             man
             all
             the
             dayes
             of
             his
             life
             .
             e
             For
             not
             f
             desisting
             from
             the
             cognizance
             of
             the
             cause
             of
             a
             Clerke
             married
             ,
             or
             one
             that
             trades
             in
             Merchandise
             ,
             or
             intermeddles
             in
             such
             like
             things
             .
             For
             g
             seising
             upon
             the
             goods
             and
             lands
             of
             a
             Priest
             ,
             at
             the
             suit
             of
             a
             Lay-man
             .
          
           
             8
             Moreover
             they
             behaved
             themselves
             so
             towards
             the
             Lay
             judges
             ,
             as
             to
             their
             Sergeants
             and
             Varlets
             ,
             constraining
             them
             by
             their
             censures
             ,
             to
             execute
             their
             Ordinances
             and
             obey
             their
             Decrees
             .
             For
             if
             an
             h
             excommunicate
             person
             did
             not
             readily
             pay
             the
             summes
             of
             money
             expressed
             in
             the
             excommunication
             ,
             the
             Lay-judge
             was
             submitted
             to
             the
             same
             censure
             ,
             in
             case
             hee
             did
             not
             make
             means
             for
             the
             paiment●
             and
             if
             so
             bee
             he
             found
             no
             goods
             ,
             i
             hee
             was
             compell'd
             at
             his
             own
             charges
             ,
             to
             go
             and
             appeare
             before
             the
             Officiall
             ,
             to
             take
             an
             oath
             of
             his
             diligence
             .
             And
             k
             in
             case
             a
             Clergy
             man
             had
             beene
             committed
             to
             prison
             by
             the
             Lay
             judge
             ,
             either
             out
             of
             oversight
             or
             ignorance
             ,
             though
             hee
             were
             surrendred
             to
             the
             Ecclesiasticall
             Iudge
             upon
             the
             first
             demand
             ,
             yet
             the
             Lay
             Iudge
             notwithstanding
             was
             held
             by
             the
             Canons
             for
             as
             good
             as
             excommunicate
             .
             They
             l
             served
             themselves
             also
             of
             the
             same
             censures
             against
             parties
             in
             suit
             ,
             excommunicating
             some
             Lay
             men
             ,
             that
             were
             summoned
             before
             them
             in
             causes
             not
             spirituall
             ,
             m
             for
             want
             of
             appearance
             ;
             yea
             and
             that
             even
             after
             the
             default
             made
             upon
             a
             simple
             citation
             .
             Item
             for
             n
             refusing
             to
             plead
             before
             them
             in
             causes
             real
             ,
             and
             o
             actions
             pr●ceeding
             from
             contracts
             with
             Ecclesiasticall
             persons
             .
             For
             not
             p
             paying
             the
             sum
             set
             downe
             in
             a
             sentence
             upon
             the
             day
             therein
             prefixed
             ,
             although
             by
             reason
             of
             his
             povertie
             the
             partie
             were
             not
             able
             to
             pay
             it
             .
             For
             q
             biding
             judgement
             in
             a
             Lay
             Court
             ,
             about
             the
             demand
             of
             a
             widdow
             .
             For
             r
             drawing
             those
             into
             the
             cause
             which
             live
             in
             Hospitals
             ,
             Spittles
             ,
             and
             houses
             Royal
             ,
             and
             conventing
             them
             before
             other
             Iudges
             :
             denying
             them
             such
             absolution
             as
             was
             necessarie
             ,
             till
             such
             time
             as
             they
             had
             set
             an
             arbitrary
             fine
             upon
             them
             .
             Vsing
             s
             also
             the
             like
             vexation
             to
             such
             witnesses
             as
             were
             summoned
             by
             them
             in
             causes
             brought
             before
             them
             ,
             even
             although
             they
             were
             out
             of
             their
             jurisdiction
             .
             As
             also
             t
             to
             such
             as
             dwelt
             in
             the
             same
             place
             with
             him
             whom
             they
             had
             excommunicated
             ,
             sometime
             causing
             
             all
             the
             inhabitants
             of
             a
             whole
             parish
             or
             village
             ,
             
             both
             old
             and
             young
             to
             bee
             cited
             before
             them
             ,
             to
             goe
             and
             purge
             themselves
             at
             one
             or
             two
             severall
             places
             ,
             of
             the
             participa●ion
             and
             commu●ion
             which
             they
             might
             have
             had
             with
             him
             ,
             u
             freeing
             such
             as
             would
             redeeme
             themselves
             by
             money
             from
             this
             labour
             .
             All
             which
             abuses
             and
             infinite
             more
             were
             represented
             to
             King
             
               ●●ilip
               de
               〈◊〉
            
             in
             the
             yeare
             1329
             by
             Mr.
             
               Peter
               de
               Cugnieres
            
             the
             Kings
             Counsellour
             ,
             in
             pr●●●nce
             of
             the
             Prelats
             of
             this
             Realme
             ;
             who
             in
             their
             answers
             ●ot
             only
             not
             deny
             th●m
             ,
             but
             ,
             which
             is
             more
             ,
             defend
             them
             .
          
           
             9
             Conformable
             hereunto
             is
             the
             complaint
             made
             by
             the
             States
             of
             Germanie
             assembled
             at
             Nor●mberg
             ,
             the
             yeare
             1522.
             ●or
             they
             make
             remo●●●ance
             ,
             
               That
               both
               at
            
             Rome
             ,
             
               and
               all
               other
               places●
            
             
             
               many
               Christians
               are
               ex●●●muni●at●d
               by
               th●
               Archbishops
               and
               Bishops
               ,
               or
               their
               Commissaries
               for
               prophane
               causes●
               and
               di●hon●st
               gaine
               .
               That
               by
               this
               meanes
               many
               mens
               consciences
               are
               tr●●●led
               ,
               and
               th●s●
               that
               are
               weak
               in
               faith
               are
               driven
               to
               dispaire
               :
               and
               at
               last
               are
               br●ught
               to
               the
               〈◊〉
               of
               soule
               ,
               and
               body
               ,
               and
               honour
               ,
               and
               goods
               ,
               contrary
               to
               all
               la●●oth
               divi●●
               and
               ●umane
               .
            
             And
             for
             this
             cause
             they
             required
             ,
             
               That
               none
               might
               〈◊〉
               excommunicated
               but
               for
               the
               crime
               of
               manifest
               and
               convinced
               heresie
               .
            
             They
             co●●●i●ed
             a●so
             t●at
             to
             beare
             one
             excommunicate
             person
             company
             ,
             
             the
             Ecclesias●●●al
             Iudg●●
             would
             excommunicate
             ten
             or
             twelve
             of
             his
             neighbours
             ,
             without
             any
             cause
             or
             〈◊〉
             that
             they
             constrained
             his
             fellow-citizens
             to
             pay
             for
             him
             that
             was
             not
             ●ble
             to
             pay
             for
             himselfe
             :
             as
             also
             for
             that
             ,
             if
             a
             Priest
             happened
             accidentall●
             to
             ●e
             killed
             any
             where
             ,
             all
             the
             towne
             or
             Citie
             was
             interdicted
             by
             reason
             of
             t●e
             ●●rther
             .
             Durant
             Bishop
             of
             Menda
             saith
             ,
             that
             in
             his
             time
             ,
             
             
               In
               many
               places
               excommunications
               were
               thundred
               out
               for
               a
               six
               penny
               debt
               .
            
          
           
             10
             These
             abuses
             and
             such
             as
             these
             ,
             of
             which
             wee
             have
             spoken
             elsewhere
             ,
             did
             many
             times
             constraine
             Kings
             and
             Princes
             ,
             and
             their
             O●●icers
             ,
             to
             oppose
             themselves
             against
             them
             ,
             &
             take
             them
             into
             their
             cognizance
             to
             restraine
             them
             .
             
               Ludovicus
               Bavarus
            
             was
             excommunicated
             by
             Iohn
             the
             twentie
             second
             ,
             because
             he
             had
             behaved
             himselfe
             as
             Emperour
             before
             hee
             was
             crowned
             by
             him
             .
             Whereupon
             his
             excommunication
             was
             declared
             to
             bee
             inj●st
             by
             an
             Imperiall
             Diet
             at
             
               Francfort
               .
               Philip
            
             the
             Faire
             was
             interdicted
             by
             Boniface
             the
             eight
             :
             the
             States
             of
             France
             disanull'd
             his
             excommunication
             .
             Bennet
             the
             thirteenth
             hurld
             his
             thunderbolt
             against
             Charles
             the
             sixt
             :
             the
             Parliament
             of
             Paris
             together
             with
             all
             the
             Lords
             of
             the
             land
             ,
             condemned
             his
             Bull
             ,
             and
             the
             bearers
             of
             it
             .
             Gregory
             the
             fourteenth
             excommunicated
             the
             late
             King
             and
             the
             King
             now
             reigning
             :
             the
             Parliament
             of
             Cha●lons
             ,
             by
             an
             Arrest
             given
             out
             in
             Iune
             ,
             1591
             ,
             
             
               did
               casse
               ,
               repeal
               ,
               and
               nullifie
               his
               Bulls
               ,
               processes
               and
               excommunications
               ,
               as
               abusive
               ,
               scandalous
               ,
               seditious●
               full
               of
               impostures
               ,
               and
               made
               contrary
               to
               the
               holy
               Decrees
               ,
               Canonicall
               Constitutions
               ,
               approved
               Councels
               ,
               and
               the
               rights
               and
               liberties
               of
               the
            
             Gallicane
             
               Church
               :
               absolved
               those
               that
               were
               excommunicated
               by
               virtue
               thereof
               ,
               and
               decreed
               they
               should
               bee
               burn'd
               in
               the
               market
               place
               by
               the
               common
               hangman
               .
            
             The
             Parliament
             sitting
             at
             Tours
             did
             ordaine
             the
             like
             by
             an
             Arrest
             of
             the
             fift
             of
             August
             1591.
             
             
               Furthermore
               declaring
               the
               said
            
             Gregory
             ,
             
               who
               cals
               himselfe
               Pope
               the
               fourteenth
               of
               that
               name
               ,
               an
               en●mie
               to
               the
               peace
               ,
               to
               the
               union
               of
               the
               Catholique
               Apostolique
               and
            
             Roman
             
               Church
               ,
               to
               the
               King
               and
               State.
               
            
          
           
             11
             Seeing
             wee
             are
             gone
             so
             farre
             in
             this
             point
             of
             Excommunications
             ,
             wee
             will
             speake
             o●●
             word
             of
             the
             demands
             which
             were
             put
             up
             at
             the
             Councell
             of
             Trent
             by
             the
             Emperour
             Ferdinand
             ,
             by
             Charles
             the
             ninth
             ,
             
             and
             the
             States
             of
             Germany
             .
             The
             Emperour
             demanded
             
               that
               there
               might
               bee
               no
               proceeding
               to
               excommunication
               ,
               but
               for
               mortall
               sin
               ,
               or
               a
               publique
               offence
               .
            
             The
             King
             of
             
               France
               ,
               That
               it
               might
               not
               be
               denounced
               upon
               every
               fault
               nor
               for
               contumacie
               ,
               but
               for
               some
               grievous
               sinne
               ,
               and
               that
               after
               three
               admonitions
               .
            
             The
             States
             of
             
               Germany
               ,
               That
               it
               might
               bee
               only
               for
               ope●●
               and
               convicted
               heresie
               .
            
             These
             demands
             were
             conformable
             to
             the
             Decrees
             of
             ancient
             Councels
             ;
             as
             namely
             that
             of
             Agatha
             ,
             and
             that
             
             of
             Auvergne
             ,
             which
             are
             Canonized
             in
             Gratians
             Decree
             :
             
             by
             virtue
             of
             which
             no
             man
             can
             be
             excommunicated
             upon
             light
             occasions
             :
             and
             that
             of
             Rhemes
             holden
             under
             Archbishop
             Sonnace
             ,
             where
             it
             is
             said
             ,
             
               Let
               no
               man
               be
               lightly
               or
               rashly
               excommunicated
               .
            
          
           
             
             12
             The
             like
             demand
             was
             made
             by
             Durant
             Bishop
             of
             Mande
             at
             the
             time
             of
             the
             Councel
             of
             Vienna
             ,
             to
             whom
             Clement
             the
             fift
             had
             given
             in
             charge
             ,
             to
             observe
             him
             all
             that
             stood
             in
             need
             of
             reformation
             .
             
               That
               no
               body
               (
               saith
               hee
               )
               be
               excommunicate
               but
               for
               mortall
               sinne
               ;
               considering
               that
               anathema
               is
               a
               comdemnation
               to
               eternall
               death
               ;
               which
               ought
               not
               to
               be
               inflicted
               ,
               save
               only
               upon
               such
               as
               are
               incorrigible
               ,
               and
               not
               for
               pettie
               light
               matters
               .
               Which
               is
               not
               observ'd
               in
               the
               Church
               of
               Rome
               ,
               in
               which
               even
               by
               the
               Delegates
               thereof
               these
               sentences
               are
               thundred
               out
               against
               Prelates
               and
               other
               persons
               for
               a
               very
               small
               matter
               .
            
          
           
             13
             Marsilius
             of
             Padua
             speakes
             likewise
             of
             them
             in
             this
             wise
             .
             
             
               But
               that
               which
               is
               most
               abhominable
               of
               all
               ,
               and
               very
               odious
               in
               the
               office
               of
               Church
               men
               ,
               is
               that
               the
               Bishops
               of
               Rome
               ,
               and
               others
               also
               ,
               to
               enlarge
               their
               jurisdiction
               ,
               and
               reape
               some
               most
               base
               gaine
               by
               it
               ,
               to
               the
               contempt
               of
               God
               ,
               and
               prejudice
               of
               Princes
               ,
               doe
               excommunicate
               as
               well
               Lay
               men
               as
               Clerks
               ,
               and
               deprive
               them
               of
               the
               Sacraments
               of
               the
               Church
               ;
               because
               they
               are
               either
               negligent
               or
               insufficient
               to
               discharge
               some
               pecuniarie
               debts
               ,
               to
               the
               paiment
               whereof
               within
               a
               certaine
               time
               ,
               they
               stood
               civilly
               bound
               .
            
          
           
             14
             The
             Cardinall
             of
             Cambray
             ,
             when
             hee
             speaks
             of
             the
             reformation
             of
             the
             Church
             in
             the
             time
             of
             the
             Councell
             of
             Constance
             ,
             puts
             the
             multitude
             of
             excommunications
             among
             the
             number
             of
             such
             things
             as
             stood
             in
             need
             of
             reformation
             :
             
             Which
             (
             saith
             he
             )
             
               the
               Church
               of
            
             Rome
             
               hath
               imposed
               by
               her
               penall
               Constitutions
               ,
               and
               especially
               by
               some
               new
               Decretals
               ;
               and
               have
               thundred
               them
               out
               by
               their
               Collectours
               ,
               to
               the
               scandall
               of
               many
               men
               :
               by
               whose
               example
               other
               Prelates
               doe
               cruelly
               smite
               poore
               people
               with
               excommunications
               ,
               without
               any
               consideration
               ;
               and
               that
               for
               light
               matters
               ,
               as
               for
               debts
               :
               which
               must
               necessarily
               bee
               provided
               for
               ,
               seeing
               it
               is
               against
               all
               right
               .
            
          
           
             15
             
               Nicholas
               de
               Clemangiis
            
             in
             his
             tract
             of
             the
             ruine
             and
             reparation
             of
             the
             Church
             :
             Hence
             (
             saith
             he
             )
             ●
             
               those
               anathema's
               so
               oft
               repeated
               ,
               which
               were
               no●
               used
               in
               the
               time
               of
               our
               forefathers
               ,
            
             
             
               but
               very
               seldome
               ,
               and
               that
               in
               criminall
               causes
               ,
               and
               abhominable
               wickednesse
               :
               forasmuch
               as
               a
               man
               is
               hereby
               separated
               from
               the
               communion
               of
               the
               faithfull
               ,
               and
               given
               up
               into
               the
               power
               of
               Satan
               .
               But
               at
               this
               present
               they
               have
               proceeded
               so
               farre
               as
               to
               use
               them
               ordinarily
               for
               very
               pettie
               matters
               ,
               yea
               when
               there
               is
               no
               fault
               at
               all
               .
            
          
           
             16
             The
             Lawes
             and
             Constitutions
             of
             our
             Princes
             are
             conformable
             to
             the
             ancient
             Canons
             ,
             and
             to
             all
             these
             demands
             .
             In
             the
             Capitulary
             of
             Charles
             the
             Great
             it
             is
             said
             ,
             
               That
               excommunications
               be
               not
               often
               used
               ,
               nor
               without
               cause
               .
            
             And
             in
             the
             Ordinance
             of
             Orleans
             that
             there
             bee
             no
             proceeding
             to
             them
             ,
             
               but
               in
               case
               of
               crime
               and
               publique
               scandall
               .
            
             It
             is
             true
             that
             in
             another
             Ordinance
             made
             1571
             ,
             they
             are
             limited
             by
             the
             forme
             of
             the
             ancient
             Canons
             .
             But
             this
             is
             still
             the
             same
             ,
             considering
             that
             by
             them
             there
             is
             no
             place
             for
             excommunications
             ,
             
               Save
               for
               grievous
               faults
            
             .
             Wherein
             there
             is
             sufficient
             occasion
             of
             complaint
             against
             the
             Councell
             of
             Trent
             ,
             which
             contrary
             to
             all
             antiquity
             allowes
             the
             proceedings
             to
             censures
             and
             monitions
             ,
             for
             matters
             of
             no
             moment
             .
          
        
         
           
           
             CHAP.
             IX
             .
             Disposall
             of
             the
             goods
             of
             Religious
             persons
             .
             Purchases
             made
             by
             Mendicants
             .
             Leases
             of
             Ecclesiasticall
             meanes
             .
             Commutations
             of
             last
             wills
             and
             testaments
             .
          
           
             1
             THis
             Councell
             would
             furthermore
             have
             all
             the
             goods
             which
             shal
             be
             purchased
             by
             religious
             persons
             ,
             
             after
             they
             have
             ma●e
             their
             profession
             ,
             to
             bee
             taken
             from
             them
             and
             given
             to
             their
             superiour
             ;
             that
             is
             to
             the
             Abbat
             or
             A●besse
             ,
             
             to
             be
             incorporated
             to
             the
             Monastery
             .
             This
             derogates
             from
             the
             nineteenth
             Article
             of
             the
             O●dinance
             of
             Orleans
             ,
             
             where
             there
             is
             one
             case
             which
             ought
             to
             have
             beene
             excepted
             .
             Namely
             when
             pro●ession
             is
             mad●
             before
             the
             age
             of
             twenty
             five
             yeares
             by
             males
             ,
             or
             twenty
             by
             mai●s
             :
             for
             then
             
               they
               may
               dispose
               of
               their
               portion
               left
               them
               by
               way
               of
               inheritance
               ,
               already
               fallen
               unto
               them
               ,
               or
               hereafter
               like
               to
               fall
               ,
               either
               in
               a
               direct
               line
               or
               collaterall
               ,
               to
               the
               use
               and
               b●hoofe
               of
               such
               of
               their
               kindred
               as
               they
               shall
               thinke
               fit
               ;
               and
               not
               of
               the
               Monastery
               .
               And
               to
               this
               effect
            
             (
             the
             Ordinance
             addes
             )
             
               we
               have
               from
               henceforth
               declared
               them
               capable
               of
               inheriting
               and
               making
               testaments
               ,
               the
               said
               profession
               or
               any
               rigour
               of
               law
               or
               custome
               to
               the
               contrary
               notwithanding
               .
            
             
             These
             last
             words
             are
             added
             by
             reason
             of
             the
             generall
             custome
             of
             France
             ,
             whereby
             all
             religious
             persons
             are
             incapable
             of
             inheriting
             .
             Since
             that
             time
             the
             Ordinance
             of
             Blois
             alter'd
             the
             time
             of
             possession
             ,
             and
             reduc'd
             it
             to
             the
             age
             of
             sixteene
             yeares
             ;
             yet
             alwaies
             retaining
             the
             same
             rule
             for
             as
             much
             as
             concernes
             successions
             .
          
           
             2
             The
             same
             Councell
             hath
             made
             two
             Decrees
             very
             unlike
             one
             to
             another
             .
             By
             the
             one
             
               It
               commands
               all
               Regulars
               ,
               as
               well
               men
               as
               women
               ,
               to
               compose
               and
               conforme
               their
               life
               to
               the
               rule
               whereof
               they
               make
               their
               profession
               ;
               as
               the
               particular
               vow
               of
               Obedience
               ,
               poverty
               ,
               and
               chastity
               .
            
             By
             the
             other
             ,
             
             
               It
               gives
               leave
               to
               Mendicants
            
             (
             
               except
               the
               Fryers
               of
               St.
            
             Francis
             ,
             
               the
               Capuchins
               ,
               and
               Fryers
               Minorites
            
             )
             
               to
               possesse
               immoveable
               goods
               ,
               even
               to
               such
               as
               are
               prohibited
               by
               their
               Orders
               .
            
             According
             hereunto
             the
             States
             holden
             at
             Blois
             in
             the
             yeare
             1576
             ,
             
             
               Vpon
               the
               eighteenth
               of
               December
               came
               a
            
             Iacobin
             
               to
               preferre
               a
               petition●
               that
               according
               to
               the
               Councell
               of
            
             Trent
             ,
             
               Mendicants
               might
               be
               allowed
               to
               possesse
               immoveables
               ;
               but
               it
               was
               answered
               they
               would
               advise
               upon
               his
               petition
               by
               making
               a
               generall
               order
               for
               it
               .
            
          
           
             3
             It
             is
             a
             long
             time
             since
             they
             procured
             Bulls
             from
             Rome
             derogatory
             to
             their
             first
             rules
             and
             institutions
             which
             they
             call
             
               Mare
               Magnum
            
             ;
             
             but
             they
             were
             never
             received
             in
             France
             .
             One
             of
             our
             French
             Doctours
             prayes
             to
             God
             
               that
               hee
               would
               take
               care
               that
               this
               great
               Sea
               become
               not
               the
               devils
               pond
               .
            
             The
             goodliest
             possessions
             are
             at
             this
             day
             in
             the
             hands
             of
             the
             Clergy
             ;
             and
             that
             in
             such
             abundance
             that
             some
             great
             Doctours
             have
             beene
             of
             opinion
             that
             they
             ought
             to
             bee
             taken
             from
             them
             .
             And
             in
             very
             truth
             if
             they
             may
             be
             allowed
             to
             purchase
             ,
             there
             is
             no
             doubt
             but
             within
             a
             very
             little
             time
             the
             Clergy
             wil
             get
             all
             into
             their
             hands
             ,
             and
             will
             have
             all
             the
             layitie
             onely
             for
             renters
             and
             farmers
             of
             their
             goods
             .
             Howsoever
             notwithstanding
             all
             their
             dispensations
             they
             have
             in
             France
             beene
             alwayes
             kept
             to
             their
             ancient
             abstinence
             .
             And
             of
             this
             matter
             there
             is
             an
             Arrest
             of
             the
             Parliament
             of
             Paris
             in
             the
             Collection
             of
             Gallus
             given
             out
             upon
             the
             Vigils
             
             of
             our
             Lady
             1385
             against
             the
             foure
             Orders
             of
             Mendicants
             ,
             
             wherein
             it
             was
             said
             that
             the
             Provost
             of
             Paris
             did
             ill
             to
             judge
             as
             he
             did
             ;
             
               who
               had
               condemn'd
               the
               heires
               of
            
             Isabel
             de
             Bolayo
             
               to
               pay
               twenty
               pound
            
             Paris
             
               of
               yearely
               rent
               to
               every
               one
               of
               the
               said
               Orders
               ,
               to
               bee
               received
               by
               the
               said
               Mendicants
               for
               certaine
               houses
               in
            
             Paris
             
               which
               she
               had
               given
               them
               ,
               to
               have
               and
               to
               hold
               for
               them
               and
               their
               successours
               for
               ever
               .
               Their
               suit
               was
               declared
               irreceivable
               into
               the
               Court
               ,
               and
               they
               condemned
               to
               pay
               charges
               .
               Gallus
            
             gives
             this
             reason
             ,
             Because
             such
             Donation
             was
             contrary
             to
             the
             substance
             of
             their
             Order
             .
             I
             have
             an
             ancient
             copie
             of
             the
             Arrests
             of
             this
             Parliament
             concerning
             the
             King
             and
             the
             temporall
             justice
             ,
             where
             the
             fact
             is
             related
             otherwise
             ,
             yet
             so
             as
             the
             substance
             is
             much
             alike
             .
             
               Betwixt
               the
               Fryers
               Mendicants
               plaintiffes
               ,
               of
               the
               one
               partie
               ,
               and
               
                 Isabel
                 de
                 Palais
              
               inheretrix
               of
               
                 Ioan
                 Paumer
              
               defendresse
               ,
               on
               the
               other
               party
               .
               By
               an
               Arrest
               of
               the
               Court
               it
               was
               said
               that
               the
               Provost
               of
               Paris
               had
               not
               judged
               right
               ,
               and
               the
               said
               Isabel
               did
               well
               to
               appeale
               ;
               for
               as
               much
               as
               he
               had
               condemned
               her
               to
               pay
               and
               to
               deliver
               to
               each
               of
               the
               said
               two
               orders
               ,
               (
               namely
               the
               Predicants
               and
               the
               Carmelites
               )
               twenty
               pound
               rent
               ,
               given
               to
               them
               by
               legacy
               ,
               together
               with
               the
               Improvements
               and
               arrerages
               which
               should
               be
               raised
               of
               it
               ,
               and
               the
               charges
               .
               And
               had
               determin'd
               the
               contrary
               for
               the
               other
               two
               Orders
               ,
               because
               they
               had
               not
               exhibited
               their
               titles
               .
               And
               it
               was
               said
               by
               the
               same
               Arrest
               that
               the
               said
               Mendicants
               ought
               not
               to
               be
               admitted
               in
               the
               suit
               which
               they
               commenced
               ,
               every
               one
               of
               them
               for
               twenty
               pound
               rent
               given
               unto
               them
               by
               legacy
               by
               the
               said
               Ioan.
               And
               the
               said
               Court
               did
               reserve
               unto
               it selfe
               the
               power
               of
               disposing
               of
               the
               said
               revenew
               for
               the
               soule
               of
               the
               said
               Ioan
               deceased
               .
               Pronounced
               the
               twenty
               fourth
               of
               March
               1385.
               
            
             Amongst
             the
             Arrests
             ,
             num
             .
             28.
             
             In
             the
             same
             Collection
             I
             finde
             written
             ;
             
             
               December
               the
               fift
               1371
               ,
               it
               was
               said
               that
               the
               Augustine
               Monkes
               should
               not
               possesse
               any
               immoveable
               goods
               .
               The
               sixt
               of
               Aprill
               385
               't
               was
               said
               that
               the
               Mendicants
               should
               not
               possesse
               any
               temporall
               goods
               ,
               in
               the
               booke
               of
               the
               Counsell
               .
            
             And
             as
             for
             the
             priviledges
             granted
             by
             the
             Pope
             ,
             hearke
             what
             the
             
               Collection
               of
               the
               liberties
               of
               the
            
             Gallicane
             Church
             saith
             of
             them
             :
             
               The
               Pope
               cannot
               allow
               or
               dispence
               with
               any
               man
               for
               holding
               and
               possessing
               any
               goods
               within
               this
               Realme
               contrary
               to
               the
               lawes
               ,
               statutes
               ,
               or
               customes
               of
               the
               places
               ,
               without
               leave
               and
               licence
               from
               the
               King.
            
             This
             is
             further
             confirmed
             by
             an
             Arrest
             of
             Paris
             made
             in
             the
             yeare
             1391
             ,
             
               whereby
               a
               certaine
               Carmelite
               called
            
             Gratian
             
               was
               declared
               not
               to
               bee
               receiveable
               in
               a
               suit
               which
               he
               made
               for
               a
               certaine
               thing
               issuing
               out
               of
               an
               immoveable
               for
               the
               holding
               whereof
               hee
               was
               dispensed
               with
               by
               the
               Pope
               .
            
             They
             were
             also
             forbid
             to
             hold
             secular
             benefices
             and
             Ecclesiasticall
             dignities
             by
             the
             letters
             patents
             of
             Charles
             the
             sixt
             ,
             bearing
             date
             the
             nineteenth
             of
             February
             1413
             ,
             notwithstanding
             the
             Popes
             dispensations
             .
          
           
             
             4
             The
             Councel
             hath
             made
             a
             law
             concerning
             the
             farming
             out
             of
             Ecclesiasticall
             goods
             and
             lands
             ,
             whereby
             such
             leases
             as
             are
             made
             for
             many
             years
             ,
             and
             for
             payments
             before-hand
             ,
             are
             declared
             not
             to
             bee
             valid
             ,
             to
             the
             prejudice
             of
             successours
             .
             Commission
             is
             also
             granted
             to
             the
             Provinciall
             Synods
             ,
             or
             those
             whom
             they
             shall
             depute
             ,
             
               to
               judge
               and
               declare
               invalid
               such
               leases
               of
               Ecclesiasticall
               goods
               as
               were
               made
               within
               this
               thirtie
               years
               ,
               for
               a
               long
               time
               ,
               or
               (
               as
               it
               is
               in
               some
               places
               )
               for
               nine
               and
               twentie
               yeares
               ,
               or
               twice
               nine
               and
               twenty
               years
               .
            
             Whereupon
             it
             is
             urg'd
             in
             the
             first
             place
             ,
             that
             it
             belongs
             to
             Kings
             and
             Emperours
             to
             make
             lawes
             and
             Ordinances
             about
             the
             alienation
             ,
             or
             letting
             out
             of
             Ecclesiasticall
             goods
             ,
             as
             they
             have
             alwaies
             done
             ,
             in
             so
             much
             as
             all
             our
             books
             are
             full
             of
             examples
             in
             this
             kind
             .
             And
             what
             Popes
             and
             Councels
             tooke
             upon
             them
             in
             this
             regard
             ,
             was
             by
             their
             toleration
             .
             In
             the
             second
             place
             ,
             it
             doth
             not
             belong
             to
             a
             Councel
             to
             nominate
             and
             chuse
             Iudges
             ,
             for
             the
             deciding
             of
             controversies
             arising
             about
             such
             farmes
             and
             leases
             .
             
             Nor
             doth
             it
             belong
             to
             the
             Ecclesiasticall
             Iudges
             to
             take
             the
             cognizance
             of
             them
             ,
             but
             to
             the
             secular
             .
             And
             so
             it
             hath
             alwaies
             beene
             accustomed
             in
             France
             ,
             whereof
             there
             are
             an
             infinite
             number
             of
             Arrests
             given
             out
             in
             such
             cases
             .
          
           
           
             5
             It
             is
             ordained
             by
             the
             sixt
             Chapter
             of
             the
             second
             Session
             of
             the
             same
             Councel
             ,
             
             that
             the
             commutation
             of
             last
             wils
             and
             testaments
             ought
             not
             to
             be
             admitted
             but
             upon
             just
             and
             necessarie
             causes
             .
             See
             this
             is
             very
             faire
             :
             but
             put
             case
             the
             Pope
             ordaine
             otherwise
             ,
             then
             there
             is
             no
             remedy
             .
             For
             it
             is
             only
             said
             ,
             
               That
               the
               Bishops
               ,
               as
               Delegates
               for
               the
               See
               Apostolique
               ,
               shall
               take
               knowledge
               summarily
               ,
               and
            
             extra
             judicium
             ,
             
               whether
               there
               have
               beene
               any
               errour
               or
               false
               information
               .
            
             They
             cannot
             therefore
             judge
             whether
             the
             cause
             bee
             lawfull
             or
             no.
             See
             here
             then
             a
             grievance
             common
             to
             all
             Christendome
             :
             Behold
             yet
             another
             more
             particular
             to
             France
             ;
             which
             is
             that
             the
             Lay
             Iudges
             are
             herein
             deprived
             of
             their
             jurisdiction
             ,
             to
             whom
             it
             belongs
             to
             judge
             of
             the
             justice
             of
             the
             cause
             in
             matter
             of
             such
             commutations
             ,
             excepting
             the
             case
             of
             conscience
             .
             See
             what
             is
             said
             in
             this
             point
             in
             the
             Collection
             of
             the
             liberties
             of
             the
             Gallicane
             Church
             ,
             
               The
               Pope
               cannot
               convert
               any
               Legacies
               ,
               though
               they
               be
               given
               to
               charitable
               uses
               ,
               or
               to
               any
               other
               use
               ,
               contrary
               to
               the
               will
               of
               the
               deceased
               ;
               save
               only
               in
               such
               cases
               when
               the
               will
               cannot
               be
               formally
               observed
               ,
               or
               where
               there
               is
               a
               necessitie
               of
               making
               such
               commutation
               :
               alwaies
               provided
               that
               in
               such
               cases
               it
               be
               equivalent
               to
               that
               which
               was
               ordained
               by
               the
               testament
               ,
               or
               other
               disposall
               made
               by
               the
               last
               will
               of
               the
               deceased
               ;
               the
               cognizance
               wherof
               notwithstanding
               belongs
               to
               the
               Lay
               Iudge
               ,
               except
               for
               the
               case
               of
               conscience
               .
            
             Now
             suppose
             the
             Pope
             chance
             to
             make
             any
             such
             commutations
             without
             a
             substantiall
             and
             lawfull
             cause
             ,
             it
             belongs
             to
             the
             Court
             of
             Parliament
             to
             reforme
             them
             upon
             appeals
             as
             from
             abuse
             ,
             which
             are
             wont
             to
             bee
             put
             up
             in
             such
             cases
             ;
             who
             must
             have
             their
             hands
             tyed
             ,
             if
             this
             Councel
             be
             admitted
             .
          
        
         
           
             CHAP.
             X.
             Of
             the
             command
             laid
             upon
             Ecclesiasticall
             persons
             to
             receive
             this
             Councell
             :
             and
             of
             other
             grievances
             .
          
           
             1
             ANother
             great
             prejudice
             is
             offered
             unto
             the
             Royall
             dignitie
             by
             this
             Councell
             ,
             when
             it
             commands
             all
             Clergie
             men
             forthwith
             to
             receive
             in
             publique
             the
             Canons
             and
             Decrees
             thereof
             ,
             and
             those
             to
             whom
             the
             care
             of
             Vniversities
             doth
             belong
             to
             effect
             the
             same
             ,
             and
             bring
             it
             so
             about
             ,
             as
             that
             Maisters
             and
             Doctors
             ,
             and
             others
             publi●uely
             teach
             what
             is
             contained
             in
             the
             Canons
             of
             it
             ,
             and
             binde
             themselves
             by
             a
             solemne
             oath
             to
             the
             observation
             of
             this
             Decree
             .
             In
             this
             they
             take
             too
             much
             upon
             them
             ,
             that
             they
             wold
             have
             al
             things
             put
             in
             execution
             without
             the
             Princes
             consent
             or
             privitie
             ,
             and
             perhaps
             even
             against
             his
             will.
             It
             hath
             alwaies
             belonged
             to
             Kings
             and
             Emperours
             to
             approve
             the
             Canons
             and
             Decrees
             of
             Councels
             .
             Wee
             have
             proved
             it
             in
             the
             third
             Book
             by
             many
             plaine
             examples
             taken
             out
             of
             all
             antiquitie
             .
          
           
             2
             Wee
             wee
             will
             adde
             in
             behalf
             of
             France
             ,
             that
             the
             Councell
             of
             Basil
             used
             another
             manner
             of
             respect
             towards
             our
             King
             ,
             when
             at
             two
             several
             times
             it
             sent
             forth
             Deputies
             ,
             with
             expresse
             commission
             into
             this
             Kingdome
             to
             get
             their
             deliberations
             ●o
             bee
             received
             here
             :
             which
             it
             could
             not
             fully
             obtaine
             ,
             but
             some
             of
             them
             were
             rejec●ed
             at
             that
             time
             when
             the
             Pragmatique
             was
             a
             making
             ,
             as
             appeares
             by
             the
             narration
             of
             it
             .
             And
             the
             Cardinals
             which
             came
             thither
             the
             
             second
             time
             to
             get
             him
             to
             allow
             the
             deposition
             of
             Eugenius
             the
             fourth
             ,
             
             and
             the
             creation
             of
             Felix
             the
             fifth
             ,
             in
             his
             place
             and
             stead
             ,
             returned
             from
             thence
             without
             effecting
             any
             thing
             ;
             as
             appeares
             by
             the
             act
             of
             protestation
             set
             forth
             by
             King
             Charles
             the
             seventh
             ,
             of
             which
             wee
             have
             spoken
             towards
             the
             beginning
             of
             the
             first
             Book
             .
             We
             say
             then
             that
             to
             give
             out
             such
             commands
             to
             Ecclesiasticall
             persons
             and
             Vniversities
             ,
             is
             all
             one
             as
             to
             set
             up
             two
             Monarchies
             in
             France
             ,
             and
             other
             Kingdomes
             .
             All
             this
             should
             bee
             referred
             to
             Kings
             and
             Princes
             ;
             and
             they
             by
             their
             authoritie
             ,
             after
             they
             have
             approved
             and
             allowed
             of
             the
             resolutions
             of
             a
             Councell
             ,
             should
             cause
             them
             to
             bee
             put
             in
             execution
             and
             observed
             .
             The
             late
             king
             Henry
             the
             third
             ,
             and
             the
             States
             of
             France
             assembled
             at
             Blois
             in
             the
             yeare
             1579
             ,
             knowing
             this
             very
             well
             ,
             made
             certaine
             lawes
             concerning
             Ecclesiasticall
             discipline
             ,
             in
             some
             sort
             conformable
             to
             these
             of
             the
             Councell
             of
             Trent
             in
             many
             matters
             ,
             without
             making
             any
             mention
             of
             it
             .
             Whereby
             they
             give
             us
             to
             understand
             ,
             that
             the
             proceedings
             of
             it
             displeased
             them
             ,
             and
             that
             they
             would
             not
             receive
             the
             Decrees
             and
             Constitutions
             thereof
             .
          
           
             3
             But
             the
             worst
             is
             yet
             ,
             that
             such
             as
             are
             refractorie
             must
             be●
             given
             up
             to
             the
             Pope
             ;
             and
             in
             the
             meane
             time
             excommunicated
             .
             The
             Provinciall
             Councels
             also
             are
             alwaies
             bound
             to
             promise
             true
             obedience
             to
             him
             .
             All
             this
             tends
             only
             to
             the
             infeebling
             o●
             the
             authoritie
             Royall
             ,
             and
             the
             exalting
             of
             the
             Papall
             .
             O
             that
             God
             would
             unseele
             the
             eyes
             of
             the
             Princes
             and
             Monarchs
             of
             the
             earth
             ,
             that
             they
             might
             see
             it
             clearly
             !
             Provinciall
             ,
             and
             also
             Diocesan
             Synods
             are
             likewise
             bound
             publiquely
             to
             anathematize
             and
             detest
             all
             the
             Heresies
             which
             are
             condemned
             by
             this
             Councell
             :
             which
             may
             ingender
             troubles
             in
             those
             places
             where
             two
             religions
             are
             tolerated
             .
             As
             as
             also
             the
             prohibition
             made
             to
             Bishops
             that
             they
             shall
             not
             allow
             any
             to
             preach
             ,
             but
             ●uch
             as
             they
             know
             ,
             and
             to
             aske
             Saint
             Peters
             advice
             thereupon
             ,
             that
             so
             he
             may
             have
             occasion
             to
             send
             the
             trumpets
             of
             warre
             amongst
             them
             ,
             which
             sound
             only
             such
             tunes
             as
             hee
             hath
             taught
             them
             .
             And
             there
             is
             no
             question
             but
             after
             the
             admission
             of
             the
             Councell
             ,
             suite
             will
             be
             made
             for
             the
             abolishing
             of
             that
             Religion
             which
             is
             tolerated
             by
             the
             Edicts
             ;
             considering
             that
             the
             Councel
             hath
             past
             the
             sentence
             of
             condemnation
             upon
             it
             ,
             and
             that
             after
             the
             pronunciation
             of
             a
             sentence
             ,
             it
             is
             necessarie
             to
             proceed
             to
             the
             execution
             of
             it
             .
             Besides
             ,
             there
             is
             no
             more
             hope
             of
             agreement
             and
             re-union
             left
             ;
             for
             those
             that
             have
             judgement
             given
             for
             their
             advantage
             ,
             will
             be
             sure
             not
             to
             remit
             any
             thing
             of
             it
             ,
             and
             the
             rest
             will
             never
             stand
             to
             such
             an
             unjust
             condemnation
             .
          
           
             4
             Towards
             the
             beginning
             of
             the
             first
             booke
             wee
             have
             spoken
             of
             the
             Embassage
             sent
             to
             King
             Charles
             the
             ninth
             ,
             in
             behalfe
             of
             the
             Pope
             ,
             the
             Emperour
             ,
             the
             King
             of
             Spaine
             ,
             and
             the
             Duke
             of
             Savoy
             ,
             for
             the
             receiving
             of
             this
             Councel
             ,
             and
             we
             have
             made
             it
             appeare
             that
             the
             end
             of
             it
             was
             ,
             they
             were
             faine
             to
             descend
             to
             intreaties
             .
             These
             were
             the
             effects
             and
             practices
             during
             the
             celebration
             of
             it
             .
             The
             Canons
             and
             Decrees
             thereof
             had
             no
             other
             aime
             but
             the
             bloud
             of
             Christians
             .
             The
             Lords
             of
             Ferriers
             and
             Pibrack
             in
             the
             letter
             which
             they
             writ
             from
             Venice
             to
             King
             Charles
             the
             9
             ,
             dated
             upon
             the
             twenty
             sixth
             of
             November
             1563
             ,
             after
             they
             were
             retired
             from
             the
             Councel
             ,
             and
             had
             protested
             against
             it
             ,
             say
             amongst
             other
             things
             ,
             
               That
               Pope
            
             Pius
             
               the
               fourth
               would
               have
               had
               the
               deliberations
               of
               the
               Councell
               to
               have
               beene
               subscribed
               unto
               by
               the
               Ambassadours
               of
               Kings
               and
               Princes
               ,
               to
               constraine
               them
               to
               make
               warre
               upon
               such
               as
               should
               refuse
               them
               .
            
             And
             in
             their
             oration
             delivered
             towards
             the
             end
             of
             September
             in
             the
             same
             yeare
             ,
             touching
             the
             point
             o●
             Precedence
             against
             the
             King
             of
             Spaine
             ,
             they
             say
             ,
             
               That
               the
               ancients
               ,
               as
               Saint
            
             Ambrose
             ,
             Saint
             Austin
             ,
             
               and
               Saint
            
             Chrysostome
             
               did
               not
               proceed
               by
               such
               co●rses
               as
               these
               against
               the
            
             Pelagians
             
               and
               other
               heretiques
               ;
               that
               they
               did
               not
               make
               Princes
               take
               armes
               against
               them
               ,
               but
               laboured
               to
               reduce
               them
               from
               their
               errours
               by
               strength
               of
               reason
               ,
               and
               holinesse
               of
               life
               .
            
          
           
           
             5
             Though
             wee
             should
             not
             proceed
             to
             the
             drawing
             of
             swords
             ,
             
             and
             displaying
             of
             our
             colours
             ,
             yet
             must
             we
             at
             least
             make
             an
             underhand
             warre
             ,
             and
             set
             up
             the
             Inquisition
             ,
             which
             will
             prove
             as
             fine
             a
             piece
             of
             husbandrie
             in
             France
             as
             it
             hath
             done
             in
             Spaine
             ;
             
             and
             will
             not
             spare
             even
             those
             which
             were
             never
             suspected
             of
             Heresie
             .
             The
             example
             of
             the
             Low-Countrey
             men
             may
             be
             a
             lesson
             to
             us
             in
             this
             regard
             ,
             upon
             whom
             after
             the
             admission
             of
             the
             Councell
             they
             would
             have
             thrust
             the
             Inquisition
             ;
             wher●upon
             there
             were
             great
             bickerings
             and
             oppositions
             even
             by
             the
             Catholiques
             themselves
             ,
             as
             is
             apparant
             from
             those
             discourses
             which
             were
             then
             set
             out
             about
             it
             .
             This
             knife
             hath
             opened
             the
             veine
             which
             hath
             shed
             so
             much
             bloud
             ,
             and
             which
             in
             conclusion
             was
             the
             cause
             of
             this
             great
             revolt
             .
             This
             Councell
             declares
             all
             to
             bee
             heretiques
             which
             follow
             the
             doctrine
             by
             it
             condemned
             ,
             and
             doth
             anathematize
             them
             .
          
           
             6
             In
             the
             rules
             which
             were
             made
             by
             authoritie
             of
             this
             Councel
             concerning
             prohibited
             books
             ,
             so
             many
             words
             as
             there
             are
             ,
             so
             oft
             almost
             is
             there
             mention
             of
             the
             Inquisitours
             .
             Which
             gives
             us
             plainely
             to
             wit
             ,
             that
             they
             are
             destined
             to
             be
             the
             executioners
             of
             this
             Councell
             .
             And
             when
             the
             Pope
             shall
             establish
             them
             ,
             who
             shall
             say
             unto
             him
             ,
             he
             ought
             not
             to
             do
             it
             ,
             being
             he
             is
             made
             omnipotent
             ?
             Besides
             ,
             Inquisitours
             are
             now
             adaies
             onely
             for
             Heretiques
             .
             I
             say
             ,
             they
             would
             seeme
             to
             be
             for
             none
             but
             them
             .
             Where
             then
             shall
             they
             be
             rather
             established
             than
             where
             they
             are
             in
             the
             midst
             of
             us
             ,
             namely
             in
             the
             Realme
             of
             France
             ?
             For
             the
             meere
             admittance
             of
             this
             Councell
             ,
             
               ipso
               facto
            
             makes
             all
             those
             heretiques
             ,
             which
             have
             hithertowards
             contended
             that
             they
             are
             not
             so
             ,
             and
             whom
             our
             Kings
             would
             not
             yet
             brand
             with
             the
             markes
             of
             such
             ;
             as
             to
             bee
             accounted
             criminalls
             ,
             and
             lie
             open
             to
             publique
             a●cusations
             ,
             to
             bee
             intestable
             ,
             infamous
             ,
             incapable
             of
             honours
             ,
             dignities●
             successions●
             and
             other
             such
             like
             things
             :
             yea
             which
             is
             most
             dangerous
             of
             all
             ,
             to
             be
             burn'd
             .
             Now
             this
             would
             imply
             a
             contradiction
             to
             qualifie
             them
             for
             heretiques
             ,
             and
             not
             give
             them
             this
             appennage
             withall
             .
             And
             consider
             whether
             there
             wold
             be
             any
             want
             of
             good
             preachers
             to
             strut
             up
             upon
             this
             occasion
             ,
             and
             cry
             out
             ,
             
               To
               the
               fire
               with
               the
               Heretique
               .
            
             Which
             they
             dare
             not
             now
             doe
             when
             they
             are
             taken
             up
             with
             a
             
               Sub
               judice
               l●●
               est
            
             .
             And
             they
             live
             in
             expectation
             when
             a
             free
             and
             lawfull
             Councel
             shall
             be
             celebrated
             .
          
           
             7
             The
             same
             Councell
             confirmeth
             all
             Papall
             Constitutions
             ,
             and
             by
             consequent
             those
             which
             establish
             the
             Inquisition
             ,
             whereof
             we
             have
             a
             great
             number
             ,
             some
             of
             them
             in
             the
             a
             Decretals
             ,
             Extravagants
             ,
             and
             Clementines
             ;
             and
             the
             rest
             in
             the
             b
             
               Directorium
               Inquisitorum
            
             ,
             set
             forth
             by
             
               Nicholas
               Eymericus
            
             new
             printed
             at
             Rome
             ,
             the
             year
             1585
             ,
             and
             dedicated
             to
             Gregory
             the
             thirteenth
             ,
             containing
             a
             great
             many
             Bulls
             in
             behalfe
             of
             the
             Inquisition
             ,
             published
             since
             Innocent
             the
             third
             till
             Gregory
             the
             thirteenth
             .
             As
             also
             those
             which
             excommunicate
             all
             favourers
             of
             heretiques
             ,
             and
             those
             which
             suffer
             them
             to
             live
             amongst
             them
             .
             And
             indeed
             Gregory
             the
             thirteenth
             made
             this
             sense
             of
             them
             ,
             when
             by
             his
             Bull
             intitled
             c
             
               Literae
               process●s
               lectae
               die
               coenae
               domini
               ,
            
             which
             was
             thundred
             out
             in
             the
             year
             1578
             ,
             in
             the
             first
             Chapter
             thereof
             he
             anathematizeth
             
               A●
               Hussites
               ,
               Wiclivites
               ,
               Zuinglians
               ,
               Calvinists
               ,
               Huguenots
               ,
               and
               other
               heretiques
               ,
               together
               with
               their
               concealers
               and
               favourers
               ,
               and
               in
               generall
               all
               those
               which
               defend
               them
               .
            
             Which
             hath
             beene
             since
             reiterated
             in
             many
             severall
             Buls
             of
             his
             successours
             .
             So
             as
             our
             Princes
             will
             have
             very
             much
             to
             doe
             to
             exempt
             themselves
             from
             their
             thunders
             ,
             so
             long
             as
             they
             observe
             the
             Edicts
             of
             pacification
             ,
             which
             they
             have
             made
             :
             admitting
             ,
             as
             they
             doe
             ,
             their
             subjects
             of
             both
             religions
             ,
             to
             honours
             and
             dignities
             :
             taking
             them
             into
             their
             service
             ,
             both
             at
             their
             table
             and
             in
             their
             chamber
             :
             letting
             them
             live
             under
             their
             protection
             and
             defence
             .
             Yea
             even
             so
             long
             as
             they
             continue
             in
             alliance
             and
             league
             with
             their
             neighbours
             ,
             whether
             Calvinists
             or
             Lutherans
             .
          
           
             8
             Wee
             will
             say
             in
             the
             last
             place
             ,
             That
             it
             will
             bee
             a
             hard
             matter
             to
             put
             any
             qualifications
             upon
             this
             Councell
             :
             Seeing
             that
             how
             many
             Articles
             ,
             so
             many
             
             grievances
             almost
             ;
             
             saving
             some
             few
             concerning
             Ecclesiastical
             discipline
             ,
             which
             (
             as
             wee
             have
             said
             elsewhere
             )
             have
             beene
             received
             in
             France
             alreadie
             .
             As
             for
             the
             rest
             ,
             they
             tend
             all
             of
             them
             to
             the
             prejudices
             of
             Kings
             and
             Princes
             ,
             and
             their
             subjects
             .
             The
             best
             qualification
             which
             can
             bee
             made
             of
             them
             ,
             would
             ,
             bee
             to
             raze
             them
             quite
             out
             .
             As
             for
             the
             Canons
             ,
             although
             we
             never
             undertooke
             the
             defence
             of
             those
             that
             condemne
             them
             ,
             yet
             wee
             shall
             say
             by
             the
             way
             ,
             that
             though
             they
             bee
             indited
             upon
             them
             ,
             yet
             it
             would
             trouble
             a
             bad
             Lawyer
             to
             cast
             them
             by
             them
             .
             The
             injustice
             and
             iniquitie
             of
             this
             Councell
             is
             such
             ,
             that
             even
             good
             Catholiques
             themselves
             doe
             abhorre
             it
             .
          
           
             9
             Wee
             have
             shewed
             alreadie
             that
             the
             late
             King
             sufficiently
             condemn'd
             it●
             inasmuch
             as
             he
             by
             his
             edicts
             decreed
             otherwise
             in
             many
             particulars
             than
             it
             hath
             done
             .
             And
             as
             for
             the
             King
             our
             Soveraigne
             Prince
             now
             reigning
             ;
             hee
             hath
             passed
             his
             word
             for
             the
             calling
             of
             a
             free
             Councell
             ,
             to
             compose
             the
             differences
             in
             Religion
             .
             by
             his
             letters
             patents
             of
             the
             fourth
             of
             Iulie
             1591.
             
             
               Furthermore
               wee
               declare
               by
               these
               presents
               ,
               conformably
               to
               our
               former
               declaration
               ,
               protesting
               before
               the
               living
               God
               ,
               that
               wee
               desire
               nothing
               so
               much
               as
               the
               Convocation
               of
               a
               holy
               and
               free
               Councel
               ,
               or
               some
               notable
               assembly
               ,
               sufficient
               to
               determine
               the
               differences
               in
               point
               of
               Religion
               .
            
             Hee
             therefore
             tacitlie
             rejects
             this
             Councel
             .
             Wee
             have
             not
             the
             least
             doubt
             that
             hee
             gives
             backeere
             a
             whi●
             from
             this
             holy
             intention
             ;
             or
             that
             hee
             goes
             about
             to
             choak
             the
             hopes
             of
             a
             so
             much
             desired
             reformation
             ,
             after
             which
             all
             honest
             men
             have
             gaped
             so
             long
             in
             vaine
             .
             Hee
             hath
             no
             minde
             to
             accept
             what
             his
             predecessours
             have
             so
             constantlie
             rejected
             ,
             and
             so
             justlie
             condemned
             .
             Though
             he
             would
             not
             reject
             it
             in
             consideration
             of
             others
             ,
             yet
             hee
             will
             in
             regard
             of
             his
             owne
             interest
             ,
             which
             cannot
             otherwise
             be
             preserved
             entire
             by
             any
             qualifications
             or
             restrictions
             .
             Nor
             have
             wee
             collected
             these
             grievances
             for
             any
             doubt
             wee
             make
             of
             his
             resolution
             ;
             but
             to
             shew
             the
             impertinencie
             of
             that
             demand
             of
             admittance
             of
             it
             .
             And
             that
             such
             a
             stale
             and
             mustie
             messe
             may
             be
             no
             more
             brought
             up
             before
             our
             Kings
             :
             a
             dish
             which
             hath
             beene
             bak'd
             and
             boyl'd
             so
             often
             over
             ,
             that
             it
             would
             bee
             no
             lesse
             noisome
             to
             the
             stomack
             ,
             than
             distastfull
             to
             the
             palat
             .
          
        
         
           FINIS
           .
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A10389-e360
           
             *
             Cap.
             1.
             
               ad
               fin
            
             .
          
           
             †
             In
             his
             answer
             to
             Coeffereau
             ,
             intitled
             ,
             
               Remarques
               sur
               la
               responce
               au
               mystere
               d'
               iniquité
               .
            
             part
             .
             1.
             
             Section
             26.
             num
             .
             33.
             pag.
             543.
             
             Edit
             .
             Salmur
             .
             1620.
             
          
           
             †
             Lib.
             1.
             cap.
             7.
             
          
        
         
           Notes for div A10389-e13620
           
             The
             occasion
             of
             c●lling
             the
             Councel
             .
          
           
             The
             occasion●
             of
             calling
             the
             Councell
             .
          
           
             a
             
               Nau●leru●
               Volum
            
             .
             1
             generat
             .
             48.
             
          
           
             The
             occasion
             of
             calling
             the
             Councell
             .
          
           
             b
             
               Vid
               le
               recueil
               de●
               li●ert●s
               de
               l'
               E●li●e
               Galli●ane
               .
            
          
           
             c
             
               Vid
               le●
               remons●●an●es
               ●a●tes
               a●
               Roy
               Loys
            
             11.
             
               pa●
               la
               Cour
               de
               Pa●lement●
               sur
               les
               p●ivil●ges
               de
               l'Eglise
               G●llicane
               ,
               l'an
               .
            
             1461.
             
               et
               les
               memoires
               d●
               M
               Iean
               du
               Tillet
               .
               Et
               appendicem
               ad
               Martinum
               Po●onum
               ,
               sub
               anno
            
             1312.
             
             
               E●
               l'advis
               de
               M.
               Iean
               du
               Tillet
               sur
               les
               libertes
               de
               l'Eglise
               Gallicane
               .
            
          
           
             *
             
               
                 Platina
                 in
                 Bonifacio
              
               8.
               
               
                 Martinus
                 Polonus
                 sub
                 anno
              
               1301.
               
               
                 Iean
                 Bouchet
                 en
                 la
              
               4
               
                 partie
                 des
                 Annales
                 d'
                 Aquitain
              
               .
            
             
               
                 Nicolas
                 Giles
                 en
                 ses
                 Annales
                 de
                 France
                 en
                 la
                 vie
                 de
                 Philippe
                 le
                 Bel.
                 
              
            
             
               
                 Chroniques
                 de
                 Bretagne
                 l
              
               4.
               chap
               14.
               
            
             
               
                 Vid
                 libellum
                 de
                 statu
                 Ecclesi●e
                 Gallicana
                 in
                 schismate
                 .
                 &
                 Papon
                 l.
              
               1.
               tit
               .
               5.
               ar
               .
               27.
               
            
          
           
             d
             
               Amende
               honoraire
            
             so
             they
             call
             this
             kinde
             of
             ignominious
             punishment
             .
          
           
             
               Vi●
               les
               remonstrances
               faites
               au
               Roy
               Loys
            
             11
             
               pa●
               la
               Cour
               de
               Parlement
               de
               Paris
               sur
               les
               privileges
               de
               l'Eglise
               Gallicane
               l'an
            
             1461.
             
             
               Vid.
               Libellum
               de
               statu
               Ecclesiae
               Gallicanae
               in
               schismate
               pag
            
             77.
             
             
               &
               Gaguinum
               in
               Ludovico
            
             12.
             
          
           
             
               Concilium
               Rhemense
            
             .
          
           
             
               Gerbertus
               in
               epistola
               ad
               Siguinum
               Senonensem
               Ar●hiepiscopum
               .
            
          
           
             
               Vi.
               Annales
               incerti
               authoris
               inter
               scriptores
               co●●taneos
               Pithoei
               .
            
          
           
             
               Ivo
               epist.
            
             134.
             
          
           
             〈…〉
             lling
             the
             ●ou●●ell
             .
          
           
             
               Annales
               in●ert●●ut●or●●
               in
               col●loctione
               Pi●hoei
               ,
               sub
               anno
            
             863.
             
             
               &
               Aventinus
               l.
            
             4
             
               hist.
               Bo●o●um
            
             .
          
           
             The
             occasion
             of
             calling
             th●
             Counce●l
             .
          
           
             
               
                 H.
                 Mu●●●●
                 l.
              
               15.
               
               Germani●
               .
            
             
               
                 Chron●corum
                 pag.
              
               118.
               
            
          
           
             
               In
               vita
               Greg.
            
             7.
             
             
               Guilielmus
               Malmes●u●
               .
               l.
            
             4.
             c.
             2.
             
          
           
             
               Idem
               Mutiu●
               Germanicor●
               Chroni●orum
               l.
            
             15.
             pag.
             120
             
          
           
             
               In
               Greg.
            
             7.
             
          
           
             
               
                 Matthaeus
                 Paris
                 in
                 Will●lmo
              
               2.
               pag.
               29.
               
            
             
               
                 Willelmus
                 Malmesbur
                 .
                 l.
              
               4.
               
                 in
                 Willelmo
              
               2.
               cap.
               2.
               
            
             
               
                 Ivo
                 Carnutensis
                 epist.
              
               212.
               
            
          
           
             
               Idem
               Ivo
               epist.
            
             68.
             
          
           
             
               Idem
               Ivo
               epist.
            
             134.
             
          
           
             T●e
             o●●a●ion
             of
             calling
             the
             Councell
             .
          
           
             
               Ivo
               epist.
            
             28.
             
               ad
               Vrbanum
               Pa●●m
            
             .
          
           
             
               Matthaus
               Westmonast
               .
               l.
            
             2.
             
               sub
               anno
            
             1095.
             
          
           
             
               Matth.
               West
               .
               monast
               .
               lib.
            
             2.
             
               sub
               anno
            
             1215.
             
          
           
             
               Idem
               ad
               ann
            
             .
             1216.
             
          
           
             
               
                 Platina
                 in
                 Bonifa●io
              
               8.
               
            
             
               
                 Martinus
                 Polonus
                 l.
              
               4
               
                 in
                 Boni●acio
              
               8.
               
                 sub
                 an
              
               .
               1302.
               
            
          
           
             
               Platina
               in
               Bonif
            
             .
             8.
             
          
           
             
               
                 Extravagant
                 Meruit
                 .
                 de
                 privileg
              
               .
            
             
               
                 M●rtinus
                 Polinus
                 in
                 Clemente
                 ●
                 sub
                 an
                 .
              
               1305.
               
            
          
           
             Henry
             the
             3.
             urged
             ●o
             receive
             it
             .
          
           
             
               Mutius
               in
               Germanic
               .
               Chronic●
               l
            
             24
             pag.
             2●6
             .
          
           
             
               
                 Nauclerus
                 Volum
              
               .
               2.
               
               Generat
               .
               45.
               
               
                 Extat
                 etiam
                 apud
                 Aventin
                 .
                 l.
              
               7.
               
               
                 Annalium
                 Botorum
                 Vide
                 etiam
                 Alber●um
                 Argentinensem
                 in
                 Chronic
                 Et
                 Albericum
                 de
                 Rosate
                 in
                 L
                 Bene
                 ●
                 Zenone
                 C.
                 de
                 quadrie●
                 praescrip
                 .
              
            
             
               
                 Albertus
                 Argent
                 in
                 Chron.
                 Panormit
                 .
                 in
                 tract
                 de
                 Concilio
                 Basiliensi
                 ,
                 ci●ca
                 princip
                 num
              
               6.
               
            
             
               
                 Extart
                 hi
                 articuii
                 apud
                 Nicolaum
                 de
                 Clamengiis
                 post
                 Arrestum
                 de
                 Anna●is
                 pag.
              
               128.
               
            
          
           
             
               Vi.
               Editionem
               Romanorum
               Ac●orum
               generalis
            
             8.
             
             
               Synodi
               pe●
               Antonium
               Bladium
               ,
               anno
            
             1516.
             
          
           
             〈…〉
             not
             admitted
             .
          
           
             
               Su●ius
               in
               ●pist
               .
               a●
               l●ctorem
               pos●●●a●te
               Concil
               〈◊〉
               t●m
               .
            
             4
             
               ●on●il
               .
               p●g
            
             .
             780
             Bellarm.
             1.
             tom
             .
             4●
             
               contr
               .
               gener
               .
               l.
            
             1.
             c.
             5.
             
          
           
             
               V●
               .
               ●ragmatic
               Sanc●ion●m
               in
               pro●●m
               .
            
          
           
             This
             p●otestation
             was
             p●int●d
             ●t
             Paris
             by
             
               Iohn
               Daillier
               ,
               anno
            
             1561.
             togeth●r
             with
             an
             o●ation
             mad●
             before
             Charles●he
             ●he
             6.
             in
             the
             name
             of
             the
             University
             of
             Paris
             .
          
           
             
               Guilielm
               .
               Benedictus
               in
               repe●it
               .
               cap.
               Raynutius
               in
               verb.
               Et
               uxor
               .
               nom
               .
               Adelas
               .
               num
               .
            
             ●84
             .
          
           
             
               Extat
               in
               fascicu●o
               re●um
               expe●end●rum
               pag.
            
             346.
             
          
           
             
               P●ulus
               Langiu●
               in
               Chron.
               Sitizensi
               sub
               ann
               .
            
             1513
             
          
           
             This
             Coun●●ll
             more
             encro●ching
             ●han
             othe●s
             .
          
           
             
               Vide
               constitutionem
            
             Ca●oli
             6.
             
               latam
               anno
            
             1406.
             
          
           
             C●arles
             th●
             9.
             urged
             to
             r●c●ive
             it
             .
          
           
             
               Voyez
               le
               troisiesme
               volume
               de
               recueil
               des
               choses
               memorables
               pour
               le
               fait
               de
               la
               religion
               &
               estat
               de
               Royaume
               ,
               enl●●n
            
             1563.
             
          
           
             Henry●h●
             ●h●
             3.
             urg●d
             to
             receive
             it
             .
          
           
             
               
                 Voyez
                 l'extrait
                 des
                 registres
                 des
                 Estats
                 sur
                 la
                 recepti●n
                 du
                 Concile
                 de
                 Trent
                 .
              
            
             
               Th●se
               are
               the
               very
               words
               of
               the
               collection
               of
               all
               that
               passed
               in
               the
               assembly
               of
               the
               three
               Estates
               of
               France
               ,
               in
               the
               generall
               assembly
               at
               Bloi●
               ,
               printed
               anno
               1577.
               
            
          
           
             Henry
             the
             3.
             urged
             to
             receive
             it
             .
          
           
             ●enry
             the
             4.
             
          
           
             This
             Letter
             was
             printed
             ann
             .
             1583.
             
          
           
             The
             Councell
             rejected
             by
             Henry
             th●
             3.
             
          
           
             The
             Councell
             rejected
             by
             K.
             Henry
             the
             3.
             
          
           
             The
             little
             goo●
             the
             Counc●ll
             did
             .
          
           
             
               Claudius
               Espe●saeus
               l
            
             ,
             2●
             
               digress
               .
               in
               ep
               .
               ad
               Timoth.
               pag.
            
             157.
             
          
           
             In
             cap.
             3●
             digress
             .
             10.
             
          
           
             
               Epistola
               Bonifacii
            
             8.
             
               ad
               Episcopos
               regnē
               Franciae
            
             .
          
           
             
               Matth
               Westmonast
               .
               l.
            
             2.
             
               su●
               ann
            
             .
             1301.
             
          
           
             
               Rigordus
               de
               gestis
               Philippi
               Augusti
               sub
               ann
               .
            
             1099.
             
          
           
             a
             
               Aymomius
               l.
            
             5.
             c.
             14.
             
          
           
             Henry
             the
             3.
             refus●d
             to
             receive
             i●
             .
          
           
             b
             
               
                 Theganut
                 de
                 gellis
                 Ludovi●●
                 imperatori●
                 cap.
              
               43.
               
            
             
               
                 Idem
                 cap
              
               44.
               
            
          
           
             Histo●red●
             Rhem●
             livee
             2.
             ch●p
             .
             18.
             
             Ibid.
             
          
           
             S●e
             this
             o●ation
             printed
             at
             Paris
             ●h●
             same
             ●●er●
             .
          
           
             
               Extrait
               du
               registre
               de
               l'
               assemblee
               tenue
               a
               Paris
               sous
               le
               nom
               de
               Esta●s
               ●●n
               .
            
             1593.
             
          
           
             
               De
               justa
               Henrici
            
             3.
             
               abdica●ione
               Francorum
               regno
            
             .
          
           
             The
             decre●s
             of
             the
             Councell
             in
             part
             received
             ,
             but
             not
             as
             of
             the
             Councell
             .
          
           
             a
             
               
                 Concil
                 .
                 Trid.
                 Sess
              
               6.
               c.
               2.
               
            
             
               
                 Ordon
                 .
                 de
                 Bloi●
                 artic
              
               .
               14.
               
            
          
           
             b
             
               
                 Concil
                 .
                 Trid.
                 Sess.
              
               24.
               c.
               13.
               
            
             
               
                 Ordon
                 .
                 de
                 Bloi●
                 artic
              
               .
               22.
               
            
          
           
             c
             
               
                 Concil
                 Trid
                 :
                 Sess.
              
               23.
               c.
               18.
               
                 &
                 seq
              
               .
            
             
               
                 Ordon
                 .
                 de
                 Bloi●
                 art
              
               .
               24.
               
            
          
           
             d
             
               
                 Concil
                 .
                 Trid.
                 Sess.
              
               25.
               c.
               8.
               
            
             
               
                 Ordon
                 de
                 Bloi●
                 artic
              
               .
               27.
               
            
          
           
             e
             
               
                 Concil
                 Trid.
                 Sess.
              
               25.
               c.
               15.
               
            
             
               
                 Ordon
                 .
                 de
                 Bloi●
                 art
              
               .
               28.
               
            
          
           
             f
             
               
                 Concil
                 .
                 Trid.
                 Sess.
              
               23.
               c.
               12.
               
            
             
               
                 Ordon
                 .
                 de
                 Bloi●
                 art
              
               .
               29.
               
            
          
           
             g
             
               
                 Concil
                 .
                 Trid.
                 Sess.
              
               21.
               c.
               8.
               
            
             
               
                 Ordon
                 .
                 de
                 Bloi●
                 .
                 arts
              
               30.
               
            
          
           
             h
             
               Concil
               .
               Trid.
               Sess.
            
             25.
             c.
             5.
             
             
               Ordon
               .
               de
               Bloi●
               art
            
             .
             31.
             
          
           
             i
             
               Concil
               .
               Trid.
               Sess.
            
             5.
             cap.
             1.
             
             
               Ordon
               .
               de
               Bloi●
               artic
            
             .
             33.
             
             &
             34.
             
          
           
             k
             
               Con●il
               .
               Trid.
               Sess.
            
             24.
             cap.
             1.
             
             
               Ordon
               .
               de
               Bloi●●rtic
            
             .
             40.
             
          
           
             The
             Pope
             was
             a
             pa●ty
             .
          
           
             a
             
               Robertus
               Maranta
               specul
               .
               aur
               .
               part
               .
            
             6.
             
             
               In
               ●
               erb
               .
               &
               quandoque
               appella
               tur
               num
               .
            
             32.
             
          
           
             b
             
               Barbatius
               in
               cap
               quod
               t●ansl●tionum
               .
               Col.
            
             32.
             
               de
               offic
               .
               legate
            
             .
          
           
             c
             
               Ioh●rnes
               apud
               Baldum
               .
               Baldus
               in
               cap.
               olim
               .
               ad
               sinem
               ●xtrav
               .
               de
               rescrip
               .
            
          
           
             d
             
               Nauclerus
               volum
            
             .
             2.
             generat
             .
             45.
             
          
           
             e
             
               Can.
               2●
               .
               q.
               3.
               
                 inter
                 que●●las
                 ●●ne
                 quis
                 in
                 propria
                 causa
                 i●●ubro
                 &
                 in
                 nigro
              
            
             
               
                 Gloss.
                 in
                 Can
                 Consuetudo
              
               16.
               q.
               6.
               
            
          
           
             *
             
               
                 Decius
                 in
                 cap.
                 cum
                 veniss●nt
                 .
                 ●u
                 .
              
               37.
               
                 extra
                 de
                 Iudi●
              
               .
            
             
               
                 Sleidan
                 comment
                 .
                 lib.
              
               1.
               not
               contradict●d
               by
               Surius
               and
               ●ontanus
               .
            
          
           
             
               ●leidan
               .
               c●mmen●
               l.
            
             18.
             not
             con●●adicted
             by
             Surius
             and
             ●ontanus
             .
          
           
             Appeal
             vvas
             made
             from
             the
             Pope
             .
          
           
             
               
                 Extat
                 in
                 fasc●culo
                 rerum
                 expetendarum
                 pag.
              
               36.
               
            
             
               
                 Et
                 de
                 ea
                 Langgius
                 in
                 Chron.
                 Citizensi
                 sub
                 anno
              
               13.
               
            
             
               
                 Robertus
                 Maranta
                 in
                 specul
                 .
                 aur
                 .
                 part
                 .
              
               6.
               
                 in
                 verb.
                 Et
                 quandoque
                 appellatur
                 ,
                 num
                 .
              
               61.
               
            
          
           
             
               
                 Extat
                 In
                 fasciculo
                 rerum
                 expetendarum
                 ,
                 pag.
              
               17.
               
            
             
               
                 Et
                 refertur
                 totidem
                 verbi●
                 a●
                 Rovero
                 Pontano
                 Carmelita
                 .
                 l.
              
               2.
               
                 rerum
                 memorab
                 .
                 p.
              
               74.
               
               
                 Et
                 à
                 Claudio
                 Espensaeo
                 ,
                 in
                 comment
                 .
                 in
                 Epist.
                 ad
                 T●●tum
                 ,
                 cap.
              
               1.
               
            
          
           
             Popes
             needed
             reformation
             .
          
           
             
               Concil
               .
               Constant
               Sess.
            
             40.
             
          
           
             
               Platina
               in
               vita
               Martini
            
             5.
             
          
           
             *
             
               Onuphrius
               in
               Iulio
            
             2.
             
          
           
             b
             
               
                 Acta
                 Concilii
                 Pisani
              
               2.
               
            
             
               
                 Lutetiae
                 ex
                 causi
                 in
                 vico
                 divi
                 Ia●obi
                 ad
                 in●ersignium
                 lilii
                 ●urei
                 .
                 Et
                 Mediolani
                 per
                 Go●ardum
                 Ponticum
                 ann
                 .
              
               1512.
               
               
                 Vi
                 Acta
                 Concilii
                 Later●n
                 .
                 Sess.
              
               3.
               
            
             
               
                 Et
                 Onuphrium
                 in
                 Iul
              
               2
               
                 Arno.
                 ●eiren
                 .
                 in
                 Lud●●i●o
              
               1●
               .
            
          
           
             〈◊〉
             preposte●ously
             first
             condemned
             ,
             thē
             summon●d
             .
          
           
             
               Vt.
               Acta
               ejusdem
               Concilii
               .
               Lateran
               .
               ult
               Sess.
            
             8.
             
             &
             9.
             
          
           
             
               Can.
               quod
               suspecti
               &
               ib●
               gloss
               .
            
             3.
             q.
             5.
             
          
           
             
               Extat
               in
               collect
               .
               diversarum
               ●onstitut
               .
               Romanorum
               Pontif.
               part
               .
            
             1.
             pag.
             158.
             
          
           
             Th●
             Popes
             h●tred
             to
             some
             whom
             he
             summoned
             .
          
           
             
               In
               eadem
               collect
               .
               Divers
               .
               constit
               .
               part
               .
            
             1.
             pag.
             240.
             
          
           
             
               Sleidan
               .
               l.
            
             11.
             not
             contradicted
             by
             Surius
             or
             Fontanus
             .
          
           
             
               Sozom.
               l.
            
             3.
             c.
             5
             
          
           
             
               Sleidan
               .
               l.
            
             11.
             app●ov●d
             by
             Surius
             .
          
           
             
               V.
               libel
               .
               de
               Eccles
               Gallic
               .
               Stat.
               in
               schism
               .
               pag.
            
             178.
             
          
           
             
               Theodoret.
               l.
            
             1.
             
             ●
             .
             28.
             
          
           
             An
             enemy
             should
             not
             bee
             a
             judge
             .
          
           
             
               Caus.
               quod
               suspecti
            
             3.
             q.
             5.
             
          
           
             
               D.
               Can.
               quod
               .
               suspecti
            
             .
          
           
             
               Nicholaus
               Papa
               in
               Epist.
               ad
               Michaelem
               Imper
               .
               &
               d.
               Can.
               quod
               suspecti
               .
               Robertus
               Maranta
               in
               speculo
               aureo
               part
               .
            
             6.
             
             
               In
               verbo
               :
               Et
               quandoque
               appellatur
               .
               num
               .
            
             35.
             
          
           
             W●●res
             in
             Germany
             .
          
           
             
               Sleidon
               .
               l.
            
             16.
             
          
           
             
               Extat
               haec
               Pauli
               Epist.
               ad
               Helvetios
               ,
               Paris
               .
               impressa
               in
               Off●cina
               Calderia●●
               ann
               .
            
             1547.
             
          
           
             
               Onuphrius
               in
               folio
            
             3.
             
          
           
             
               Natali●
               Comes
               lib
            
             14.
             
               hist.
               sui
               ●emporis
            
             .
          
           
             Warre
             of
             Parma
             in
             the
             time
             of
             the
             Councel
             .
          
           
             
               E●●
               ●
               du
               Ro●
               He●ri●
               i●prime
               a
               Paris
               ●an●
               .
            
             1551.
             
          
           
             
               Ano●her
               Edict
               ●f
               K.
               Henry
               the
               2.
               〈◊〉
               it
               the
               Camp
               nere
               Weldenaggbes
               May
               21.
               1552
               and
               p●inted
               at
               Paris
               the
               same
               yeere●
            
             
               The
               Kings
               lette●s
               to
               all
               the
               States
               of
               the
               Em●i●e
               ,
               printed
               at
               Paris
               1552.
               
            
          
           
             Warr●s
             in
             France
             .
          
           
             
               ●x●●t
               Pari●ii●
               impressa
               apud
               Iohannem
               D'
               Allier
               an
            
             1563
             
               ●t
               in
               Ac●i●
               Con●ilii
            
             .
          
           
             W●●res
             ,
             a
             just
             exception
             against
             the
             Cuncell
             .
          
           
             
               Edict
               de
               pacification
               de
               l●
               an
               .
            
             1573.
             art
             .
             15.
             
               de
               l'
               an
            
             .
             1576.
             art
             .
             33.
             
             &
             37.
             
               de
               l'
               an
            
             .
             157●
             .
             art
             .
             38.
             
               de
               l'
               an
            
             .
             1598
             art
             .
             59.
             
             
               Theodoret.
               l.
            
             2.
             cap.
             16.
             
          
           
             
               Athanas.
               apol
            
             .
             2
             
               Theodo●et
               .
               l.
            
             1.
             c
             28.
             
          
           
             
               Hilarius
               in
               fragmento
               recens
               excuso
            
             .
          
           
             
               Concil
               .
               Constant
               Sess.
            
             14.
             
             
               Cancil
               Basil.
               Sess.
            
             37.
             
          
           
             
               Onuphrius
               in
               Pio
            
             4.
             
          
           
             The
             place
             of
             the
             Councell
             not
             free
             .
          
           
             
               Vid.
               responsionem
               principum
               &
               aliorum
               Imperii
               ordinum
               pontificio
               legato
               ●edditam
               ,
               in
               ●as●i●ulo
               rerum
               expetendarum
               pag.
            
             173.
             
          
           
             
               Sleidan
               .
               lib.
            
             19.
             not
             cont●●dicted
             by
             Suri●s●nd
             ●nd
             Fontanus
             .
          
           
             Councells
             should
             be
             holden
             in
             a
             free
             place
             .
          
           
             
               Sleidan
               .
               Comment
               .
               lib.
            
             11.
             
          
           
             
               
                 Extat
                 haec
                 pro
                 testatio
                 in
                 libr●
                 de
                 Ecclesia
                 Gallicanae
                 statu
                 in
                 schismate
                 .
              
            
             
               
                 Ad
                 futurum
                 Concilium
                 legitimè
                 ac
                 in
                 loco
                 tuto
                 &
                 quem
                 liberè
                 et
                 cum
                 securitate
                 nos
                 eadem
                 Vniversitas
                 ,
                 vel
                 à
                 no●●●
                 &
                 ab
                 ea
                 deputandi
                 adire
                 p●terimus
                 prov●camus
                 &
                 appellamus
                 .
              
            
             
               
                 Vid.
                 fascic
                 .
                 rerum
                 expetendarum
                 .
                 pag.
              
               36●
            
          
           
             This
             apology
             of
             the
             Councel
             of
             Pisa
             ,
             ●as
             printed
             at
             M●lan
             by
             
               Gora●dus
               Ponticus
               ann
            
             .
             1512●
             
          
           
             The
             Councell
             of
             Pis●'s
             apology
             .
          
           
             Trent
             ,
             subject
             to
             th●
             Pope
             .
          
           
             
               
                 Angelus
                 Imm●la
              
               .
            
             
               
                 S●cinus
                 Decius
                 in
                 Consiliis
                 adversus
                 Iuliu●
              
               2
               
                 Ia●oba●ius
                 .
                 &
                 alii
              
               .
            
          
           
             
               Mu●iut
               German
               .
               Chron.
               lib●
            
             27.
             
               circa
               princip
            
             .
          
           
             T●●
             〈◊〉
             now
             ●cc●unt●d
             of
             b●
             Po●es
             .
          
           
             
               Naucle●us
               vol.
            
             2.
             g●nerat
             .
             48.
             
          
           
             
               N●●clerus
               vol.
            
             2.
             generat
             .
             45.
             
          
           
             a
             
               Vt
               probatur
               cap●
               ex
               parte
               D.
               de
               appellat
               .
            
             3.
             q.
             9.
             
             
               Hortamur
               ut
               lite
               non
               con
               .
               test
               .
               accedens
               .
               D.
               de
               judic
               .
               l.
               ●i
               locum
               .
            
          
           
             b
             
               Clement
               .
               Pastorall●
               de
               sen●ent
               .
               &
               rejudis
               .
            
          
           
             Safety
             of
             the
             place
             enquired
             by
             the
             Canon
             Law.
             
          
           
             
               Can.
               ●ine
               de
               Con●ugii
               .
               Cau.
            
             33
             q.
             2.
             
             
               Adde
               can
               .
               Lotharius
               .
               caus
               .
            
             3●
             q.
             3
             
          
           
             
               Archidiaconu●
               de
               Turrecremata
               ,
               &
               alii
               ibid.
               Et
               Regin
               .
               sub
               ann
               .
            
             864.
             
          
           
             
               Ivo
               epist.
            
             94.
             
          
           
             
               Ivo
               epist.
            
             205●
             
          
           
             
               Ivo
               epist.
            
             166●
             
          
           
             Th●
             Roman
             Clergy
             only
             called
             to
             the
             Councell
             .
          
           
             
               Doctores
               in
               Clement
               .
               Pastoral●●
               de
               sententia
               &
               rejudicata
               .
               Oldrad
               .
               Cons.
            
             43.
             
             
               Calderinus
               Cons.
            
             5.
             
             
               Abbas
               ,
               &
               Moderni
               in
               cap.
               veniens
               de
               accusat
               .
               Marian
               .
               Socin
               .
               in
               rubric
               .
               de
               dilat
               art●
            
             15.
             q.
             5.
             
             
               Gloss.
               in
               cap.
               cum
               locum
               .
               Extra
               .
               De
               sponsal
               .
               &
               matrimonio
               .
            
          
           
             
               Bellarmin
               .
               lib.
            
             1.
             
               de
               Conciliis
               .
               Iohannes
               de
               Turrecremata
               lib.
            
             3.
             cap.
             12.
             
             ●●
             15.
             
          
           
             
               Sozomen
               .
               lib.
            
             4.
             
             ●
             .
             ●
             .
          
           
             Lay
             men
             admitted
             to
             Councels
             in
             the
             Primitive
             times
             .
          
           
             
               Vid.
               Acta
               Concilii
               Chalced.
               tom
            
             .
             1.
             
             Conciliorum
             .
          
           
             
               Vid.
               Acta
               Collationis
               Carthagini
               habitae●
            
          
           
             
               Vid.
               Acta
               ejusdem
               Collationis
               circa
               finem
               .
            
          
           
             
               Possidius
               in
               vita
               D.
               August
            
             .
          
           
             
               August
               .
               ep
            
             .
             162●
             
          
           
             
               Iacobatius
               lib.
            
             2.
             
               de
               Concili●
               art
            
             .
             6.
             
          
           
             
               Origen
               in
               dialogo
               contra
               M●●c●o●itas●
            
          
           
             Th●
             f●●e
             disput●s
             in
             former
             ●ouncels
             .
          
           
             
               
                 V
                 Theodoret.
                 l
              
               2
               c.
               8.
               
            
             
               
                 Et
                 Socr●tem
                 l.
              
               2
               c
               29.
               
            
          
           
             
               Socrates
               lib.
            
             1.
             cap.
             16.
             
          
           
             
               Sozomen
               .
               l.
            
             3.
             cap.
             10.
             
          
           
             
               
                 Vide
                 Acta
                 Concilii
                 generalis
                 Ferrariensis
                 five
                 Florentini
                 .
                 tom
                 .
              
               3.
               
               
                 Concil
                 .
                 Session
              
               3.
               
                 〈◊〉
                 in
                 Concilio
                 Lateran
              
               .
            
             
               
                 Vid.
                 Concorda●a
                 inter
                 Francisc
              
               .
               1.
               
               
                 &
                 Leonem
              
               10.
               
            
             
               
                 Cap
                 ad
                 Apostolica
                 .
                 De
                 sententia
                 et
                 re
                 judicata
                 in
              
               6.
               
            
          
           
             Lay
             men
             ●ot●●ly
             excluded
             f●ō
             this
             Cou●●●ll
             .
          
           
             
               Vid.
               Fasciculū
               rerum
               expetend●●um
            
             .
          
           
             ●●y
             men
             may
             b●●dmitted
             in
             C●unc●ls
             .
          
           
             A●t
             .
             6.2
             .
          
           
             Act.
             15.23
             .
          
           
             
               Bellarmin
               .
               l.
            
             1.
             
               de
               Conciliis
               c.
            
             16.
             
          
           
             
               V.
               Acta
               Concilii
               Ni●●ni
               .
               &
               Ruffin
               .
               l
            
             1.
             
          
           
             Act.
             ●5
             .
             ●2
             .
          
           
             Cap.
             32.
             
             Tom.
             1.
             
             
               Act.
               Concil
               .
               Ephefini
               .
               Eusebius
               de
               vita
               Constantini
               lib.
            
             4.
             c.
             42.
             
             
               Act.
               Concil
               .
               Ephes.
               tom
            
             .
             1.
             cap.
             12.
             
          
           
             
               V
               Act●
               Conc.
               Nicani
               cap.
            
             8.
             
          
           
             
               Theodore●
               〈◊〉
            
             ●
             .
             ●
             .
             p.
             10.
             
          
           
             The
             ●re●●
             Fath●r
             restrained
             of
             their
             lib●rty
             .
          
           
             
               Vid.
               Acta
               Concilii
               Cons●antinop
            
             6.
             tom
             .
             2.
             
             Conc.
             
          
           
             
               Vid.
               Acta
               Concil
               .
               Franc●ord
               .
               in
               libello
               sacro
               .
               syllabo
               .
               tom
            
             3.
             
             
               Concil
               .
               pag.
            
             6●5
             
               H●c
               dec●eta
               extant
               MS.
               in
               vet
               .
               Bibliothecu
               .
            
          
           
             
               V.
               Synodum
               Francicam
               tom
            
             .
             2.
             
             
               Con
               p.
            
             456.
             
          
           
             
               V.
               Synod
               .
               Suession
               .
               tom
               .
            
             3.
             
             
               Concil
               .
               p.
            
             438.
             
          
           
             
               Rhegno
               sub
               an
            
             .
             787.
             
          
           
             
               Concil
               .
               Meldense
               .
               tom
            
             .
             3.
             
             
               Conc.
               p.
            
             866.
             
          
           
             
               Synodus
               Pistis
               in
               Princ
               tom
            
             .
             3.
             
             
               Conc.
               p.
            
             900.
             
          
           
             Lay
             men
             have
             assi●t●d
             at
             Counc●ll
             in
             Fr●nce
             .
          
           
             
               Vide
               Concil
               .
               Tribu●iense
               in
               princ
               .
               &
               in
               fine
               tom
               .
            
             4.
             
             
               Concil
               .
               pa.
            
             26.
             
          
           
             
               Rigordus
               de
               gestis
               Philippi
               Augusti
               sub
               anno
            
             1179.
             
          
           
             
               M.
               ●ean
               du
               Tillet
               greffier
               en
               ses
               memoires
               .
               V.
               Capitulare
               Caroli
               Magni
               lib.
            
             2.
             ca.
             24.
             
             &
             25.
             
          
           
             
               Rigordus
               de
               gestis
               Philippi
               Augusti
               sub
               anno
            
             1200.
             
          
           
             
               Idem
               Rigordus
            
             .
          
           
             a
             
               Iean
               le
               Maire
               en
               la
            
             2
             
               partie
               de
               la
               division
               des
               schismes
               .
            
          
           
             b
             
               Martinus
               Polonus
               ,
               ●ive
               additio
               adeum
               .
               Postea
               idem
               Rex●
               convocatis
               Praelatis
               ,
               Baronibus
               ●c
               Comit●
               regni
               Parisiis
               ●oncilium
               celebravit
               :
               petens
               ●oncilium
               e●
               auxilium
               contra
               Papam
               praedictum
               .
            
          
           
             c
             
               
                 Iean
                 Bouchet
                 en
                 la
              
               4
               
                 partie
                 des
                 annales
                 d●
                 Aquitaine
                 .
                 Platina
                 in
                 Bonifa●io
              
               8.
               
            
             
               
                 V.
                 Pragmat
                 .
                 Sanctionem
                 in
                 principio
                 et
                 in
                 fine
                 .
              
            
             
               
                 Vide
                 hunc
                 appellationis
                 libellum
                 in
                 fasci●ulo
                 rerum
                 expe●endarum
                 .
              
            
             
               
                 I●an
                 de
                 Maire
                 en
                 la
              
               2
               
                 partie
                 de
                 la
                 di●●ere●ce
                 des
                 s●hism
                 .
              
            
          
           
             Lay
             men
             admit●ed
             to
             Councell
             in
             England
             and
             Sp●ine
             .
          
           
             
               Neubrigen●is
               l.
            
             1.
             
             ●
             .
             19.
             
          
           
             
               Concil
               .
               Tole●
            
             .
             6.
             
             Tom.
             3.
             
             
               Concil
               .
               pag.
            
             83.
             
          
           
             
               Concil
               .
               Tolet.
            
             ●
             :
             Tom.
             3.
             
             
               Concil
               .
               p.
            
             184.
             
          
           
             
               Concil
               .
               Tolet.
            
             1●
             
               versus
               princip
               .
               Tom.
            
             3.
             
             
               Concil●
               pag.
            
             374.
             
          
           
             
               Math.
               Westmonast
               l
            
             1.
             
               sub
               an
            
             .
             905.
             
          
           
             
               Neubrigens
               .
               lib.
            
             1.
             
               cap.
               ult
            
             .
          
           
             
               Neubrigens
               .
               lib.
            
             2.
             cap.
             2●
             .
          
           
             
               Idem
               Neubrig●
               l.
            
             1.
             cap.
             14.
             
          
           
             ●o●●
             L●y
             men
             have
             and
             may
             bee
             admitted
             to
             Councels
             .
          
           
             
               Luitprandus
               rerum
               per
               Europam
               gestarum
               lib.
            
             6.
             cap.
             6.
             10.
             11.
             
          
           
             
               Martinu●
               Polonu●
               in
               Henr.
            
             3.
             
               sub
               anno
            
             1058.
             
          
           
             
               Vetu●
               author
               qui
               scripsit
               de
               investituris
               apud
               Theodoricum
               à
               Nihem
               in
               tract
               .
               de
               privileg
               .
               &
               ●urib●s
               Imperat.
               pag.
            
             785.
             
          
           
             
               ●dem
               author
            
             .
          
           
             
               Nicol.
               C●sanus
               lib.
            
             2.
             
               de
               concor
               .
               ●athol
               .
               ●ap
               .
            
             16.
             
          
           
             
               Nico●a●●
               in
               epist
               ad
               Mi●●ae●em
               Imper.
               
            
          
           
             For
             what
             end
             Lay
             men
             may
             be
             admitted
             .
          
           
             
               Bella●m
               .
               lib.
            
             1.
             
               de
               Concil
               .
               c●
            
             .
             ●●
             
          
           
             
               Marsilius
               de
               Padua
               in
               desens
               .
               pac
               .
               part
               .
            
             2.
             cap.
             20.
             
          
           
             
               Vide
               A●●a
               Concilii
               Nicaeni
            
             .
          
           
             
               Panormit
               .
               ●n
               cap
               Signi●ic●st●
               de
               Elect.
               
            
          
           
             a
             
               Socrat.
               lib.
            
             1.
             
             
               Eccles.
               hist.
               ca.
            
             ●
             
          
           
             b
             
               Concil
               .
               Tolet.
            
             4.
             tom
             .
             3.
             
               concil●
               pag●
            
             65●
             
          
           
             L●●
             m●n
             admitted
             at
             Constance
             and
             Pisa.
             
          
           
             c
             
               Concil
               gener
            
             .
             6
             
          
           
             d
             
               Const.
               et
               Conc.
               generale
            
             7.
             
             
               Nicaenum
               tom
            
             .
             3.
             
             
               Concil
               pag.
            
             234
             &
             452.
             
          
           
             e
             
               Guilielm
               .
               Du●ant
               .
               in
               trans
               .
               de
               Concil
               .
            
          
           
             f
             
               
                 In
                 tract
                 .
                 de
                 potest
                 .
                 Papa
                 lib.
              
               3.
               c.
               12.
               
            
             
               
                 Et
                 in
                 Conc.
                 gen●ralia
                 dist
              
               .
               13.
               q.
               4.
               
            
          
           
             g
             
               Cardinalis
               Iacobatius
               lib.
            
             2.
             
               de
               Concil
               .
               Art.
            
             6.
             
          
           
             h
             
               Marsilius
               part
            
             .
             2.
             cap.
             20.
             
               in
               def
               pac
            
             .
          
           
             *
             
               
                 Onuphriu●
                 in
                 Pio
              
               4.
               
            
             
               
                 Bellarm.
                 lib.
              
               1.
               
                 de
                 concil
                 .
                 ca.
              
               15
            
          
           
             
               
                 Vide
                 chronicum
                 Pauli
                 Langii
                 anno
              
               1417.
               
            
             
               
                 Et
                 Pietro
                 Messia
                 en
                 la
                 vita
                 de
                 Sigismondo
                 .
              
            
          
           
             
               
                 Apologia
                 concilii
              
               2.
               
               
                 Pisani
                 Impressa
                 Mediolani
                 per
                 Gotardum
                 Ponticum
                 ●nno
              
               1512.
               
            
             
               
                 Vide
                 Acta
                 con●ilii
                 Pisani
              
               2.
               
            
          
           
             Nothing
             done
             in
             the
             Councell
             but
             what
             the
             Pope
             pleased
             .
          
           
             
               Extat
               in
               libello
               de
               statu
               Eccles.
               Gallic
               .
               in
               schismate
               .
            
          
           
             
               Extat
               in
               eodem
               libello
            
             .
          
           
             
               
                 Du
                 Moulin
                 en
                 son
                 conseil
                 sur
                 le
                 concile
                 de
                 Trente
                 .
              
            
             
               
                 Et
                 l'autheur
                 de
                 l'advertissement
                 sur
                 la
                 reception
                 du
                 concile
                 de
                 Trente
                 .
              
            
          
           
             
               Extat
               hac
               epistola
               Parisiis
               impressa
               apud
               Nicholaum
               Chesneau
               anno
            
             1563.
             
          
           
             Lay
             m●n
             calle●
             to
             Councels
             in
             France
             .
          
           
             
               Guido
               Faber
               in
               Oratione
               sua
               habita
               in
               Conc.
               Trid
            
             4
             
               Iunii
               ,
               ●nn
            
             .
             1562.
             
          
           
             
               Voyes
               ●es
               commentaires
               du
               Sieur
               president
               de
               l'
               estat
               de
               la
               religion
               et
               republique
               so●s
               Henri
               et
               Francois
            
             2.
             
               et
               Charles
            
             9.
             
          
           
             The
             Councell
             depended
             wholy
             upon
             the
             〈◊〉
             Pope
             .
          
           
             
               Apol●●ia
               Fontidonii
            
             .
          
           
             
               Onuphrius
               in
               vita
               Paull
            
             3.
             
          
           
             
               AEn●as
               Sylviu●
               i●
               comment
               ●●●cil
               .
               Basil●
            
          
           
             
               Cap.
               Ego
               de
               jurejurando
               .
               Extra
               .
            
          
           
             
               Onuphrius
               in
               vita
               Pii
            
             4.
             
          
           
             〈…〉
             bea●e
             ●h●●ha●g●s
             of
             ●
             Coun●●ll
             .
          
           
             
               
                 ●useb
                 .
                 lo●
              
               .
               10.
               ●●p
               .
               5.
               
            
             
               
                 Ch●odoret
                 l.
              
               2.
               
               ●
               .
               16.
               
            
             
               
                 Euseb.
                 de
                 vit●●ons●antini
                 lib.
              
               3.
               
            
             
               
                 ●heodoret
                 .
                 l.
              
               21
               cap.
               30.
               
            
             
               
                 Sozomen
                 .
                 lib.
              
               4.
               cap.
               16.
               
            
             
               
                 Sulpitius
                 Se●erus
                 Sacra
                 hist.
                 lib.
              
               ●
               .
            
          
           
             This
             Councell
             compared
             with
             others
             for
             number
             of
             Bishops
             .
          
           
             a
             Yet
             I
             have
             seene
             a
             Catalogue
             printed
             1546.
             where
             when
             the
             6.
             
             Session
             was
             se●
             are
             r●ckoned
             but
             3.
             
             Ca●dinals
             ,
             3.
             
             Archbi●sh●ps
             ,
             1.
             
             Ambassadour
             ,
             the
             Secretary
             ,
             ●nd
             Proctor
             of
             the
             Councell
             ,
             4.
             ●enerals
             ,
             and
             2.
             
             Spanish
             Doctors
             :
             in
             all
             38.
             
             
               AEneas
               Sylv.
               liv
            
             .
             1.
             
             
               Comment
               .
               Concil
               Bas.
               Bellarm.
               de
               con●cil
               .
               author
               .
               l.
            
             ●
             .
             cap.
             19.
             
          
           
             Henry
             2.
             ●ro●ests
             ●g●inst
             the
             Cou●c●ll
             .
          
           
             
               Extat
               in
               libello
               de
               statu
               Ecclesiae
               G●lli●anae
               in
               schisma●e
               .
            
          
           
             Complaints
             made
             by
             the
             Emperour
             and
             th●
             French
             king
             
          
           
             
               
                 Vid.
                 Can.
                 principatus
              
               1.
               q.
               1.
               
                 t.
                 Egi
                 tecum
              
               .
            
             
               
                 D.
                 De
                 rejudicat●
                 l.
                 Sedet
                 &
                 manente
                 precariò
                 .
                 D.
                 De
                 prec
                 .
                 Canonist
                 in
                 ca.
              
               51.
               
                 qui
                 authoritate
                 de
                 praeb●n
                 .
                 in
              
               6.
               
               
                 Bald.
                 Cons.
              
               50●
               l
               5.
               
                 &
                 alios
              
               .
            
          
           
             
               Non
               di●o
               ,
               sed
               ●
               numeratione
               sacilè
               conclusio
               inferri
               potest
               .
            
          
           
             
               Si
               invito
               creditore
               aliud
               pro
               alio
               solvi
               possit
               .
            
          
           
             The
             French
             Ambassadours
             lef●
             the
             Coun●●ll
             .
          
           
             In
             vvhat
             ●se
             a
             ●udge
             may
             bee
             refused
             .
          
           
             
               Gl●ss
               .
               in
               C●n.
               ●l●
               .
               caus
               .
            
             3.
             q.
             5.
             
               in
               verb.
               canoni●
            
             .
          
           
             a
             
               Tacitus
               ●ive
               Quintilian
               .
               in
               dialogo
               de
               causis
               corrup
               .
               eloq
               .
            
          
           
             b
             
               L'ordinance
               d●●lo●●
            
             .
          
           
             c
             
               
                 Vtebantur
                 hac
                 formul●
                 EIVRO
                 NIQVVS
                 EST.
                 
              
            
             
               
                 Asconius
                 in
                 Verrinam
              
               2●
            
          
           
             The
             King
             of
             Englands
             Protestation
             .
          
           
             
               Sleidan
               .
               comment
               .
               lib.
            
             11●
             
          
           
             Surius
             in
             hi●
             His●o●y
             ;
             in
             the
             〈◊〉
             1537.
             ou●
             of
             the
             French
             tr●●sl●tion
             by
             
               Iames
               Estou●neau
            
             .
          
           
             
               Surius
               ibid.
            
             
          
           
             The
             King
             of
             Englands
             protest●t●on
             .
          
           
             
               Sleidan
               .
               comment
               .
               lib.
            
             11.
             
          
           
             
               Sleidan
               .
               l.
            
             16.
             
             This
             answer
             was
             printed
             an
             .
             1561.
             
          
           
             
               V.
               libellum
               de
               statu
               Ecclesiae
               Gallic
               .
               in
               Schismate
               pag.
            
             ●78
             .
             179.
             
          
           
             There
             were
             diverse
             Councels
             about
             the
             same
             thing
             .
          
           
             ¶
          
           
             
               
                 Augustin
                 .
                 in
                 in
                 breviculo
                 Collat.
                 cum
                 Donatistis
                 .
              
            
             
               
                 Et
                 Optatus
                 Meli●it
                 lib.
                 de
                 schismat
                 .
                 D●natist
                 .
              
            
             
               
                 Et
                 Collatio
                 .
                 Carthagini
                 habit●
              
               .
            
             
               
                 Idem
                 August
                 .
                 in
                 Collat.
                 3.
                 dict
                 ,
                 cap.
              
               12.
               
            
             
               
                 Idem
                 ib.
                 c.
              
               19.
               
            
             
               
                 Idem
                 ib.
                 c.
              
               2.
               
            
          
           
             The
             ca●●●ag●
             of
             the
             Coun●●l
             at
             Ariminum
             .
          
           
             a
             
               Hilarius
               in
               fragmento
               ex
               opere
               historico
               .
            
          
           
             b
             
               Sulpi●us
               Severus
               in
               historia
               sacra
            
             .
          
           
             c
             
               
                 Idem
                 Sulpitius
                 li.
              
               2.
               
               
                 Sac.
                 hist.
                 Ac
                 siqui
                 ●ertinactùs
                 obsislerent
                 ,
                 dummodo
                 is
                 numerus
                 intra
                 quindecim
                 esset
                 ,
                 in
                 exilium
                 pellerentur
                 .
                 Idem
                 ibid.
                 
              
            
             
               
                 Dubius
                 anni●
              
               [
               
                 Hilarius
                 scilicet
              
               ]
               
                 &
                 magnâ
                 curarum
                 mole
                 aes●uans
                 ,
                 cum
                 plerisque
                 videretur
                 non
                 ineundam
                 cum
                 his
                 cōmunionem
                 qui
                 Ar●minensem
                 Synodum
                 re●●pissent
                 ,
                 optimū
                 sactu
                 ●r●itratus
              
               [
               
                 sic
                 legendum
                 ;
                 non
                 ,
                 arbitrati
              
               ]
               revoc●re
               [
               incipit
               ,
               ]
               
                 cunct●s
                 ad
                 emendationem
                 et
                 paenitentiam
                 frequentibus
                 int●a
                 Gallias
                 Conciltis
                 atque
                 omnibus
                 ferè
                 Episcopis
                 de
                 er●ore
                 profit
                 enti●us
                 ap
                 ud
                 Ar●minum
                 gest●
                 condemnavit
                 ,
                 &
                 in
                 statum
                 prislinum
                 Ecclesiarum
                 fidem
                 reformavit
                 .
              
            
          
           
             d
             
               Vide
               Epist.
               Concil
               .
               Aquileiensis
               ad
               Imp.
               Gratian
               Valentin
               .
               &
               Theodos.
               &
               ●●ta
               ●jusd
               .
               Concil
               .
            
          
           
             e
             
               Vide
               Concil
               .
               Constant.
            
             1.
             
               ●om
               .
               Conc.
            
             
          
           
             Councels
             have
             been
             repeated
             about
             the
             same
             thing
             .
          
           
             
               Can.
               dist
            
             .
             15.
             
          
           
             
               Aimonius
               l.
            
             4.
             cap.
             83.
             85
             
               V.
               Acta
               Conc●lii
               Francof
               .
               to
               ,
            
             3.
             
             Concil
             .
          
           
             
               Rhegno
               .
               sub
               ann
            
             .
             794.
             
             
               In
               hac
               Synodo
               tertio
               condemnatia
               est
               baresis
               Feliciana
               .
            
          
           
             
               Leo
               in
               epist.
            
             14
             ad
             2
             
               Synod
               .
               Eph.
               tom
               .
               ●
               .
               Concil
               .
            
          
           
             a
             
               
                 Idem
                 Leo
                 epist.
                 ad
                 Flavian
                 .
                 Constan.
              
               15.
               
               
                 Ad
                 Theod.
                 August
              
               16.
               
               
                 Ad
                 Pulcheriam
              
               17.
               
            
             
               
                 A
                 Iulianum
                 Episc.
              
               18.
               
            
          
           
             b
             
               Leo
               epist.
            
             21.
             
               ad
               Constant.
            
             
          
           
             
               
                 Idem
                 epist.
              
               2●
               .
               
                 ad
                 Theodo
              
               .
            
             
               
                 August
                 .
                 V.
                 etiam
                 epist.
              
               26.
               
                 ad
                 Faustu●
                 et
              
               30.
               
                 ad
                 Marri
                 .
                 et
                 Faust.
              
               
            
          
           
             
               Pope
               Leo's
            
             protestation
             holds
             good
             against
             T●en●
             .
          
        
         
           Notes for div A10389-e39650
           
             Nullities
             in
             the
             matter
             of
             the
             Councell
             .
          
           
             Th●
             demands
             of
             the
             Emperor
             and
             French
             King.
             
          
           
             These
             demands
             of
             the
             Empero●r
             and
             some
             others
             ,
             are
             related
             by
             
               Natalis
               Comes
               l.
            
             4
             
               hist.
               sui
               temporis
            
             .
          
           
             
               Natali●
               Cames
               lib.
            
             14.
             
               hist.
               sui
               ●●mporis
            
             .
          
           
             
               Vid.
               Centum
               grav●mina
               .
               Et
               ●laudium
               Espens●um
               〈◊〉
               comment
               .
               ●d
               cap
            
             1.
             
               epist.
               ad
               Titum
               pag.
            
             67.
             
             &
             134.
             
          
           
             Grievances
             put
             up
             by
             the
             Princes
             of
             Germany
          
           
             
               August
               .
               P●ungartus
               ,
               cujus
               oratio
               excus●●
               est
               Pari●iis
               anno
            
             1563.
             
               apud
               Iohannem
               D'
               Allier
            
             .
          
           
             The
             Duk●●f
             ●avaria's
             dema●ds
             .
          
           
             
               
                 Extat
                 hae●
                 consultatio
                 in
                 to
              
               .
               3.
               
               
                 Concil
                 .
                 pag.
              
               819.
               
                 in
                 Coloniensi
                 edict
                 .
                 facta
              
               1551.
               
            
             
               
                 Item
                 apud
                 Sleidan
                 .
                 Et
                 ejus
                 capita
                 quae
                 dam
                 ●eferuntur
                 ab
                 Espensaeo
                 in
                 co●●en●
                 .
                 in
                 epist.
                 ad
                 Titu●
                 .
                 pag.
              
               71
               :
            
          
           
             R●formation
             of
             the
             Head
             desired
             ,
             but
             not
             obtained
             .
          
           
             
               Claudius
               Espensaeus
               in
               ep●
               ad
               Titum
               c.
            
             1.
             digres
             .
             2.
             p
             74.
             
             &
             75.
             
          
           
             The
             Auth●●●s
             protestation
             .
          
           
             Ezek
             9.1
             .
             Pet.
             4.
             
          
           
             
               Idem
               Espens●●●●
               ibid
               pag.
            
             76.
             
          
           
             
               Vid
               Paul●
               &
               Eustochii
               Epist.
               ad
               Marcell●●●
               inter
               epist.
               Hie●ony●a
               .
            
          
           
             The
             reigning
             false
             of
             the
             Popedo●e
             .
          
           
             
               Acta
               Synodi
               Rhemensis
            
             .
          
           
             Reformation
             of
             the
             Pope
             r●qu●red
             in
             the
             12
             and
             13
             age
             .
          
           
             
               Panormit
               .
               de
               Concilio
               Basil.
            
             
          
           
             Reformation
             of
             the
             Pope
             ●equi●ed
             in
             the
             14
             century
             .
          
           
             
               Francis●us
               Zabarella
               in
               tract●
               de
               schismate
               pontificio
               .
            
          
           
             
               Co●cil
               .
               Con●stant
               .
               Sess.
            
             40.
             
          
           
             Martino●
             .
          
           
             
               Petrus
               de
               Atliaco
               in
               tract
               .
               de
               reform
               .
               Eccles
               .
               c.
            
             1.
             
          
           
             
               Idem
               cap.
            
             2.
             
          
           
             
               Ioannes
               Gerson
               in
               sermone
               pro
               viagio
               Regis
               Romani
               .
               in
            
             2.
             directione
             .
          
           
             
               Nicolaus
               de
               Clemangiis
               in
               lib.
               de
               ruin
               .
               &
               reparat
               .
               Eccles.
               
            
          
           
             〈…〉
             of
             the
             Cour●
             of
             R●me
             .
          
           
             
               Clemangius
               in
               lib.
               de
               lapsu
               et
               repar
               .
               just
               .
               pag.
            
             10.
             
          
           
             
               De
               hierarch●a
               sub●●lesti
               lib
            
             14
             cap.
             7.
             
          
           
             The
             ●efo●m●tion
             of
             the
             Pope
             ever
             desired
             ,
             never
             effected
             .
          
           
             
               Epistola
               Ioannis
               quondam
               Regis
               Francorum
               filti
               B●turigum
               Ducis
               ad
               Innocentium
            
             7.
             
               super
               ●a●lo
               unionis
               Ec.
               les●
               habetur
               in
               libro
               de
               hierarchia
               Subcoelesti
               .
            
          
           
             
               AEnaas
               Sylvi●us
               de
               Concilio
               Bas.
               lib.
            
             1.
             
               in
               fine
            
             .
          
           
             
               Gregorius
               Haymburg
               .
               in
               tract
               .
               de
               refut
               .
               primatus
               petri
               .
            
          
           
             
               Cus●nus
               lib.
            
             2.
             
             Cap.
             27.
             
          
           
             
               Iacobus
               de
               Paradiso
               in
               libro
               de
               septem
               stat
               .
               Eccles.
               
            
          
           
             〈…〉
             P●pe
             〈◊〉
             ,
             b●t
             not
             〈…〉
             .
          
           
             
               Felix
               Hemmer●in
               Cantor
               Tubi●ensis
               in
               tract
               .
               de
               libertate
               Ec●lesiastica
               .
            
          
           
             
               
                 Iohannes
                 Pe●ru●
                 Arrinab
                 .
                 in
                 epist.
                 ad
                 Iacobum
                 Piccolomini
                 Cardinalem
                 Papiensem
                 pag.
              
               75.
               
            
             
               
                 Ipse
                 provocator
                 ●ell●
                 non
                 lacessitus
                 suit
                 .
              
            
          
           
             
               
                 Theodoricus
                 à
                 Nihem
                 de
                 ●schism
                 .
                 l.
              
               2.
               
                 ●ap
                 ult
              
               .
            
             
               
                 Clemangius
                 de
                 ●●ina
                 &
                 re●●●
                 .
                 ●cal●s
                 .
              
            
          
           
             Simony
             practised
             at
             Rome
             .
          
           
             
               Espensaeus
               in
               epist.
               ad
               Titum
               .
               cap.
            
             1.
             digress
             .
             2.
             
               à
               pag.
            
             76.
             ad
             8●
             .
          
           
             
               Paulus
               Langiu●
               Monachus
               Bozawiensis
               in
               Chronico
               Cit●zensi
               sub
               ann
               .
            
             1113.
             
          
           
             The
             Popes
             care
             o●
             temporals
             ,
             neglect
             of
             spi●ituals
             .
          
           
             
               AEn●as
               Sylvius
               lib.
            
             2.
             
               de
               Concil
               .
               Basil.
            
             
          
           
             
               Nicolaus
               Cusanus
               lib.
            
             3.
             
               de
               Concord
               .
               Cathol
               c.
            
             29.
             
          
           
             
               Theodoricus
               à
               Nihem
               l.
            
             3.
             
               de
               schism
               .
               c.
            
             10.
             
          
           
             Romish
             Simony
             .
          
           
             
               Vid
               additionem
               ad
               glos
               .
               in
               cap●
               fundamenta
               .
               in
               verbo
               gens
               Sancta
               de
               elect
               .
               in
            
             6.
             
          
           
             
               Fontanus
               in
               addit
               margin●
               add
               gloss
               .
               Vid.
               Accurs
               .
               in
               l.
               Libertas
               D.
               de
               regulis
               juris
               .
            
          
           
             
               Alberius
               in
               Lexico
               .
               in
               verb●
               Roma
               .
            
          
           
             
               AEneas
               Sylvius
               epist.
            
             66.
             
          
           
             
               
                 Matth.
                 Paris
                 .
                 in
                 Henric.
              
               3.
               pag.
               316.
               
            
             
               
                 Matth.
                 Westmonast
                 .
                 l.
              
               2.
               
                 sub
                 ann
              
               .
               1226.
               pag.
               119.
               
            
          
           
             Co●ruptions
             in
             the
             Court
             of
             Rom●
             .
          
           
             
               Albertus
               Argentin
               .
               in
               Chro.
               in
               Ioan.
            
             22.
             
               sub
               anno
            
             1334.
             
          
           
             
               
                 Iason
                 in
                 l.
                 qui
                 Roma
              
               .
               §.
               
                 Scia
                 .
                 n●
              
               .
               16.
               
               
                 D.
                 ver
                 .
                 obligat
              
               .
            
             
               
                 Ludovicus
                 Comes
                 in
                 Regal
                 .
                 Cancel
                 de
                 valo
                 .
                 exprim●
                 in
                 praesat
                 .
                 pag.
              
               451.6
            
             
               
                 Felinus
                 in
                 cap.
              
               2.
               colum
               .
               8.
               
               
                 De
                 rescrip
              
               .
            
             
               
                 Ioannes
                 Andreaes
                 Gr.
                 p.
              
               232.
               
            
             
               
                 Petrus
                 de
                 Ferra●i●●
              
               .
            
          
           
             
               Idem
               Ferrar.
               in
               ●orm
               .
               libell
               .
               qua
               uxor
               agit
               ad
               dotem
               .
               in
               verbo
               ,
               matrimonium
               pag.
            
             168.
             
          
           
             
               Matth
               West
               monast
               .
               l.
            
             2.
             
               sub
               anno
            
             1181.
             pag.
             56.
             
          
           
             
               V●
               .
               Paulum
               Langium
               in
               Chron.
               Citizen
               .
               si
               sub
               ann
               .
            
             1404
             pag.
             878.
             
          
           
             Corruptions
             of
             the
             Court
             of
             Rome
             .
          
           
             
               Petrar●●
               in
               ep
            
             .
          
           
             
               Espensae●●
               in
               comment
               .
               in
               epi
               ad
               Titum
               .
               cap.
            
             1.
             pag.
             76.78
             .
          
           
             
               Clen●rd●●
               in
               epist.
            
             
          
           
             Popisa
             exactious
             .
          
           
             
               Mantuan
               lib.
            
             3.
             
               de
               calamit
               .
               temporum
            
             .
          
           
             
               Claudius
               Espensaeus
               in
               comment
               an
               epist.
               ad
               Tit.
               cap.
            
             1●
             digress
             .
             2.
             
          
           
             ●
             Pet.
             2.
             
          
           
             ●eg
             .
             8.47.66
             .
          
           
             Exa●●ions
             for
             pa●dons
             and
             ex●ommunications
             .
          
           
             Eclog.
             5.
             
             &
             .
             6.
             
          
           
             †
             Camell
             .
          
           
             
               Claudius
               Espensaeus
               in
               comment
               .
               in
               epist.
               ad
               Titum
               cap.
            
             1.
             digress
             2.
             pag.
             67.
             
               et
               seq
            
             .
          
           
             Exac●ions
             by
             disp●ns●tions
             and
             takes
             .
          
           
             
               Nicolaus
               de
               Clemangiis
               in
               tract
               .
               de
               praesulibus
               p.
            
             66.
             6.
             
          
           
             
               L.
               Plebeiis
               .
               C.
               Theodos.
               De
               Episcop
               .
               Eccles.
               &
               ●leric
               .
            
          
           
             
               
                 Paulus
                 Langius
                 in
                 Chronico
                 Citizensi
                 .
                 sub
                 ann
                 .
              
               1404.
               
            
             
               
                 Platina
                 in
                 Boni●acio
              
               9.
               
            
             
               
                 Theodorius
                 à
                 Nihem
                 de
                 schism
                 .
                 l.
              
               2.
               c.
               7.
               
            
          
           
             Of
             Annates
             o●
             first-fruits
             .
          
           
             
               Ludovicus
               Comes
               in
               Regal
               .
               de
               valor
               exprim
               p.
            
             451.
             
               et
               in
               prooemio
               .
               q.
            
             1.
             
          
           
             
               Hieron
               .
               Gigas
               in
               tract
               .
               de
               pension
               .
               q.
            
             25●
             num
             .
             2
             
          
           
             Remonstrance
             of
             the
             Parliament
             of
             Pari●
             Art.
             77.
             
          
           
             
               Marsilius
               Patavinus
               in
            
             2
             
               part
               .
               def
               paci●
               cap.
            
             24.
             p.
             361.
             
          
           
             Of
             Popish
             Symony
             ●●sks
             ,
             a●d
             hist
             〈◊〉
             .
          
           
             
               Gu●lielm
               .
               Durand●●n
               tract
               .
               De
               modo
               Celebrand●●oncilii
               g●n●r
               part
               .
            
             2.
             ●t
             .
             20.
             
          
           
             
               
                 Ioa●nes
                 Andr●●s
                 in
                 Ca.
                 inter
                 ●aetera
                 de
                 o●fi●●●nar
                 .
              
            
             
               
                 E●tq
                 em
                 ●itat
                 G●ynnerin
                 prag
                 .
                 Sanct.
                 ●●t
                 .
              
            
             
               
                 De
                 Annatis
                 in
                 verbo
                 Annata
                 .
                 Nicola●s
                 ●usan
                 .
                 ●
                 lib.
              
               ●
               .
               
                 de
                 Conc.
                 Cath.
                 c.
              
               30
            
          
           
             
               Clemangius
               de
               ruina
               &
               repar
               .
               Eccles
               :
            
          
           
             
               
                 C●smo
                 Guy●nerin
                 in
                 P●●g
                 .
                 mat
                 .
                 Sanct.
                 de
                 annatis
                 in
                 verbo
                 anna●●
                 pag.
              
               1936.
               
            
             
               
                 Theodoricus
                 de
                 Nihem
                 in
                 notis
                 ad
                 tra
                 l.
                 de
                 privilegiis
                 et
                 ●ur
                 .
                 ●mp
                 .
              
            
          
           
             
               Exactions
               by
               Annates
               or
               first-fruits
               .
            
             
               
                 Idem
                 ibid
                 p.
              
               830.
               
            
          
           
             
               Idem
               ibid
               p.
            
             791.
             
          
           
             
               Tract
               .
               de
               privileg
               &
               juribu●
               Imp.
               p.
            
             831.
             
          
           
             
               Greg.
               Haymb
               .
               in
               confut
               primat
               .
               Pap.
               
            
          
           
             
               Concil
               Const.
               Sess.
            
             40.
             
          
           
             
               Albert
               Crantziu●
               Wandal
               .
               lib.
            
             13.
             c.
             5.
             
          
           
             
               Valaterran
               .
               Comment
               l
            
             30.
             
             
               Cap.
               quomodo
               servi
               tractand●●
            
          
           
             〈…〉
             .
          
           
             
               〈◊〉
               hoc
               Arr●●●um
               ●pud
               N●●
               de
               Clem●●
               p.
            
             115.
             
             
               〈◊〉
               Basil
               Sess
            
             21.
             
          
           
             
               Paulus
               Langius
               in
               Chr●ni
               Citiz
               :
               sub
               ann
               .
            
             1513.
             
          
           
             
               
                 P.
                 Rebu●●us
                 in
                 Concord
              
               .
            
             
               
                 Rubric
                 .
                 de
                 man●
                 dat
                 .
                 Apostol
                 .
                 §
                 s●n
                 .
              
            
             
               
                 Et
                 Rubric
                 .
                 de
                 Annat
              
               .
            
             
               
                 Ordinance
                 d'
                 Orleans
                 Art.
              
               2.
               
            
          
           
             Of
             Annates
             or
             first-fruits
             .
          
           
             
               See
               the
               remonstrance
               of
               〈◊〉
               Co●●●
               of
               P●●ha●●●
               .
               Artic.
               68.
               
               ●3,74
               ,
               75
               ,
               76.79,80
               .
            
             
               
                 V.
                 Syloam
                 .
                 Locoru●
                 Communium
                 Henri●●
                 Token
                 .
              
            
             
               
                 Mathh
                 West
                 .
                 l.
              
               2.
               
                 sub
                 ann
              
               .
               1245
               p.
               191.
               
            
             
               
                 ●ecit
                 per
                 ●ingulos
                 Comitatus
                 Anglie
                 inquiri
                 summam
                 redituum
                 Rom●no●um
                 et
                 inventum
                 est
                 quòd
                 ad
                 tan●un
                 lem
                 pecu●ia
                 ad●cendisset
                 quantum
                 reditus
                 ●
                 s●us
                 .
                 viz.
                 sex●ginta
                 millia
                 marcarum
                 puri
                 reditus●
              
            
             
               
                 Exceptis
                 vari●s
                 e●olumentis
                 .
                 Matth.
                 Paris
                 .
                 sub
                 Henrico
              
               3.
               p
               647.
               
            
             
               
                 Estat
                 de
                 Tours
              
               .
               See
               the
               e●tr●ce
               joyned
               with
               the
               book
               ,
               
                 De
                 Ecclesia
                 Gallicanae
                 statuin
                 schismate
              
               .
            
          
           
             Po●●sh
             Simony
             and
             ●x●ctions
             by
             taxes
             .
          
           
             a
             
               Theodoric
               .
               a
               Nihem
               lib.
            
             2.
             
               de
               schism
               .
               c.
            
             2.
             
               &
               in
               tract
               .
               de
               privileg
               &
               ●u●ibu●
               Imperii
               p.
            
             829.
             
               &
               seq
               .
               Marsiliu●
               Patavinus
               in
               defens
               Paci●
               part
               .
            
             2.
             c.
             11.
             24.
             
          
           
             b
             
               
                 Iohann●s
                 de
                 Turrecremata
                 inc
                 .
                 Si
                 qui●
                 pe●unia
                 .
                 nu
                 .
              
               4.
               dist
               .
               79
            
             
               
                 Iacobatius
                 l.
              
               4.
               
                 de
                 Con●il
                 .
                 art
              
               .
               4.
               
               
                 Aug.
                 de
                 Anco●a
                 in
                 lib.
                 de
                 potest
                 .
                 E●clesiastica
                 .
                 q.
              
               5.
               art
               .
               3.
               
            
             
               
                 Et
                 alii
                 ab
                 iis
                 ●itati
              
               .
            
          
           
             c
             
               Concil
               .
               dele●torum
               Cardinalium
               de
               emendanda
               Eccles
               .
               Paulo
               tertio
               jubente
               .
               conscriptum
               ann
               .
            
             1538.
             
             
               Extat
               .
               tom
            
             .
             3.
             
             
               Conciliorum
               Co●oniae
               .
               editorum
               ann
            
             1551.
             
          
           
             d
             
               Natalis
               Comes
               l.
            
             14.
             
             
               Historiae
               sui
               tempo●is
            
             .
          
           
             
               Matth.
               Paris
               .
               in
               ●ist
               .
               Angl.
               sub
               Henrico
            
             3
             pag.
             349.
             
          
           
             England
             opp●essed
             by
             ●he
             Popes
             exactions
             .
          
           
             
               
                 Idem
                 ibid.
                 pag.
              
               506.
               
            
             
               
                 Idem
                 pag.
              
               507.
               
            
          
           
             
               Idem
               pag.
            
             508.
             
          
           
             
               Matth.
               Paris
               .
               pag.
            
             51●
             .
          
           
             
               
                 Matth.
                 Paris
                 .
                 sub
                 Henrico
              
               3.
               pag
               646.648
               .
            
             
               
                 Matth.
                 Wes●monas●
                 .
                 l.
              
               2
               
                 sub
                 ann
              
               .
               1245.
               p.
               195.
               
            
             
               
                 Matth.
                 Paris
                 .
                 in
                 Hen.
              
               3.
               pag.
               677.
               
            
          
           
             
               Idem
               Paris
               .
               in
               Hen.
            
             3.
             
          
           
             The
             Popes
             exactions
             in
             Englan●
             .
          
           
             
               Idem
               p.
            
             694.
             
          
           
             
               Idem
               p.
            
             706.
             
          
           
             
               Ma●th
               .
               Westmonast
               :
               l.
            
             2
             
               sub
               ann
            
             1247.
             pag.
             222.
             
          
           
             
               Matth
               Paris
               .
               p.
            
             729.
             
          
           
             
               Idem
               p.
            
             683.
             
          
           
             
               Idem
               Paris
               .
               p.
            
             886.
             
          
           
             
               Idem
               p.
            
             884.
             
          
           
             The
             Popes
             ex●ctions
             in
             France
             .
          
           
             
               Idem
               Paris
               .
               p.
            
             904
             :
          
           
             
               Nicolaus
               de
               Clemangiis
               de
               ruina
               &
               reparatione
               Ecclesiae
               p.
            
             4.
             
          
           
             
               Matth.
               Paris
               .
               sub
               Henrico
            
             3●
             
          
           
             
               Matth.
               Paris
               .
               in
               Hen.
            
             3
             p.
             64●
             
          
           
             O●
             th●
             Cl●●gy
             〈◊〉
             w●ls
             .
             A●●
             o●
             the
             〈◊〉
             .
          
           
             
               Mars●lius
               in
               de●ens
               .
               pa.
               par
               .
            
             ●
             .
             c●1
             ●1
             
          
           
             
               Marsilius
               in
               de●ens
               pac
               .
               part
               .
            
             2.
             cap.
             24.
             
          
           
             
               Matth.
               Paris
               :
               in
               Henrico
            
             .
             3
             p.
             685.
             
          
           
             
               Matth
               West
               .
               monast
               .
               lib.
            
             2.
             
               sub
               a●no
            
             1246.
             p.
             206.
             
          
           
             
               Nicholas
               de
               Clemang
               .
               in
               tract
               .
               de
               praesul
               .
               Simoniac
               .
               p.
            
             670.
             
          
           
             
               Baptis●a
               Mantu●nas
               d●
               Nicolao
               Tolentino
               .
               l.
            
             2.
             
          
           
             Rom●sh
             luxu●y
             .
             
               V
               Cons●itut
               .
               delectorum
               Cardinalium
               Paulo
            
             3.
             
               exhibit
               in
               to
            
             .
             3.
             
             
               Concil
               .
               edit
               .
               Colon
               ann
            
             15●1
             pa.
             819.
             
          
           
             
               Matth.
               Paris
               .
               in
               hist.
               Anglicana
               p.
            
             507.
             
          
           
             
               Idem
               Paris
               .
               p.
            
             658.
             
          
           
             
               P●ulus
               Langius
               in
               Chron.
               Citiz.
               sub
               .
               ann
               .
            
             1513.
             
          
           
             Le●i●s
             for●h
             holy
             Wa●●n
             Engl●nd
             and
             〈◊〉
             .
          
           
             Guicciardine
             in
             h●s
             〈…〉
             bo●k
             of
             th●
             W●●●●s
             of
             It●ly
             .
          
           
             
               Guilielm
               .
               Malm●sh
               .
               hist.
               Angli●
               .
               lib.
            
             4.
             
             ●
             .
             2.
             
          
           
             
               Matth.
               Paris
               .
               hi●●
               .
               Anglic.
               in
               Hen●ico
            
             3.
             p.
             ●84
             .
          
           
             
               I●em
               ibid.
               p.
            
             890.
             
          
           
             Levies
             for
             the
             holy
             War
             in
             ●paine
             .
          
           
             
               Alvarus
               Gomecius
               lib.
            
             7.
             
               de
               rebus
               gestia
               Francisc●
               Ximenii
            
             .
          
           
             The
             Po●●●●
             demands
             denied
             in
             Sp●ine
             .
          
           
             Popes
             en●●●nching
             upon
             o●her
             Bishops
             .
          
           
             
               Bernardus
               Clarevall
               lib
            
             :
             1.
             
               de
               consider
               ad
               Eugenium
            
             .
          
           
             
               Guil
               Dura●d●
               in
               ●●act
               d●
               modo
               celebrandi
               Concil
               .
               gener
               .
               part
               .
            
             2.
             tit
             .
             7.
             
          
           
             
               Marsilius
               in
            
             2.
             
               par●
               .
               defens
               .
               c.
            
             24.
             
          
           
             
               Pet●us
               de
               Alliaco
               in
               lib.
               de
               reformat
               .
               Eccles
               .
               in
            
             2.
             consider
             .
          
           
             
               Clemangius
               De
               ruina
               &
               reparat
               .
               Eccles
               p.
            
             1.
             
          
           
             The
             Popes
             ingrossin●
             of
             ●hu●ch-livings
             
          
           
             
               Gerson
               in
               decla
               defectuum
               virorum
               .
               Eccl.
               c.
            
             62.
             
          
           
             a
             
               Paulus
               Langius
               in
               Chron.
               Citiz.
               sub
               ann
               .
            
             1●1●
             .
          
           
             b
             
               Card.
               Zabarella
               in
               c.
               licet
               .
               extr
               .
               de
               elect
               .
            
          
           
             c
             
               Marsilius
               Patavin
               .
               in
               def
               .
               pac
               .
               part
               .
            
             2.
             c.
             22
             
          
           
             d
             Remonst●ance
             of
             ●h●
             Pa●liament
             ●o
             Lewes
             the
             11.
             
             Art
             41.
             
          
           
             e
             
               
                 Extat
                 haec
                 pragmatica
                 inter
                 Constitutiones
                 Regias
                 in
                 magno
                 earum
                 volumine
                 .
              
            
             
               
                 Et
                 in
                 libello
                 de
                 Sta●u
                 Eccles.
                 Gallic
                 .
                 in
                 schismate
                 p.
              
               124.
               
            
          
           
             f
             Remonstrance
             of
             the
             Court
             of
             Pa●liament
             cap.
             42.
             
          
           
             Livings
             bestovved
             upon
             dunces
             or
             ●●●ens
             .
          
           
             
               Marsilius
               Patav
               .
               in
            
             2
             
               part
               .
               def
               .
               pac
               c.
            
             24.
             
          
           
             
               Pragmatica
               Sanctio
               Car.
            
             7.
             
          
           
             
               V.
               Libel
               .
               d●
               Statu
               Eccl.
               Gallic
               .
               in
               schis
               p.
            
             148.
             
          
           
             
               Marsilius
               Patav
               .
               in
               d●f
               .
               Pacis
               par
               .
            
             2.
             c.
             24.
             
          
           
             †
             Winchester
             .
          
           
             
               Gerson
               in
               decl
               .
               de
               defectu
               virorum
               Eccles.
               c.
            
             52
             
          
           
             Of
             preferring
             strangers
             .
          
           
             Remonstrance
             of
             the
             Parliament
             of
             Paris
             to
             Lewes
             the
             11.
             chap.
             53.
             
          
           
             
               Consil.
               delectorum
               Cardina●ium
               .
               to
            
             .
             3.
             
             
               Con●il
               .
               edi●
               .
               Colon.
               ann
            
             :
             1551.
             pag.
             ●19
             .
          
           
             Of
             drawing
             suits
             to
             Rome
             
          
           
             
               V
               Libel
               :
               de
               Statu
               Eccles.
               Gallic
               .
               in
               schism
               .
               p.
            
             75.
             
          
           
             
               Nicolaus
               de
               Clemangiis
               in
               De
               ruina
               &
               reparat
               .
               Eccles●
               p.
            
             5.
             
          
           
             
               Nicolaus
               Cusanus
               in
               De
               Concord
               Cath.
               l.
            
             3.
             c.
             40.
             p.
             669.
             
          
           
             Of
             d●awing
             suits
             to
             Rome
             
          
           
             Remonstrance
             of
             the
             Parliament
             Art.
             60.
             
             63,64
             .
          
           
             Art.
             63.
             
          
           
             
               Bernard●●
               Abbas
               Clarevall
               .
               l.
            
             1.
             
               de
               con●id
               .
               ad
               Eugen.
            
             
          
           
             
               Idem
               Bern
               l.
            
             2.
             
               de
               con●id
               .
               ad
               Eugen.
            
             
          
           
             Of
             appeals
             to
             Rome
             .
          
           
             
               Hildebert
               .
               ep
            
             .
             82.
             
          
           
             
               
                 V.
                 Marsil
                 p.
              
               354
               36●
               .
            
             
               
                 Centum
                 Gravam
                 .
                 p.
              
               26.
               
            
             
               
                 Ivo
                 epist.
              
               269.
               
            
          
           
             
               Idem
               epist.
            
             2●●
             
          
           
             
               Fas●ic
               .
               rerum
               expetend
               .
               p.
            
             ●67
             
          
           
             
               Centum
               Gravamina
               .
               c.
            
             9.10
             
          
           
             Of
             usurping
             Lay
             jurisdiction
             .
          
           
             
               
                 Glosan
                 C.
                 Si
                 Clericu●
                 de
                 soro
                 competenti
                 .
                 Extr.
                 
              
            
             
               R●monstrance
               of
               the
               Court
               of
               Parliament
               to
               Lewes
               the
               11.
               c.
               61.
               
            
             
               
                 Petrus
                 de
                 Ferr●●iis
                 in
                 forma
                 respon
                 .
                 in
                 convent
                 .
                 in
                 verbo
                 Excommunica●io
                 .
              
            
          
           
             
               Petrus
               de
               Cugueriis
               in
               articulis
               Laicorum
               ●
               .
            
             3.
             
          
           
             
               Cap.
               Novit
               .
               De
               j●diciis
               extr
               .
            
          
           
             Attempts
             upon
             the
             Civill
             ju●isdiction
             in
             France
             and
             Engl●nd
             .
          
           
             
               Gabriel
               Biel
               supra
               Can.
               Missae
               .
               lect
            
             75.
             
             
               Hos●iensis
               &
               al●i
               in
               cap.
               Novit
               .
               de
               Iudic
               .
               extra
               .
            
          
           
             
               Cujacius
               in
               d.
               c.
               Novit
               .
               de
               Iudic
               .
               extr
               .
            
          
           
             
               
                 Matth.
                 Paris
                 .
                 in
                 hist.
                 Anglor
                 .
                 sub
                 Hen.
              
               3●
               p.
               798.
               
            
             
               
                 Et
                 Matth.
                 Westmon
                 .
                 l.
              
               2.
               
                 sub
                 ann
              
               .
               1247
            
          
           
             
               Matth.
               Paris
               .
               in
               Hen.
            
             3.
             p.
             705.
             
          
           
             
               Helmoldus
               Presbyter
               in
               Chron.
               Slav●●
               c.
            
             28.
             
          
           
             The
             Popes
             intermedling
             wi●h
             Kings
             ,
             Crown●s
             ,
             and
             dignities
             .
          
           
             
               Platina
               in
               Gregorio
            
             7.
             
          
           
             
               Matth
               Westmonast
               .
               lib.
            
             2.
             
               sub
               ann
            
             .
             1301.
             p.
             419.
             
          
           
             
               Idem
               Westmonast
               .
               ann
            
             .
             1302●
             p.
             436.
             
          
           
             Of
             turning
             Lay
             men
             into
             Cle●gy
             m●n
             .
          
           
             
               Matth.
               VVestmonast
               .
               l
            
             2.
             
               sub
               ann
            
             1246
             pag.
             206.
             
          
           
             
               Clementin
               .
               Pas●●●●●is
               de
               sentent
               et
               re
               judi●
               .
            
          
           
             
               Baldus
               in
               l
               lib●ert●
               libertae
               nu
            
             18.
             
               de
               oper●
               liber
            
             .
          
           
             
               Marsilius
               Pa●avin
               .
               in
               de●
               .
               ●a●
               .
               part
               .
            
             2
             c.
             ●
             .
          
           
             
               Petrus
               de
               Cug●eriis
               in
               articul●s
               La●cor●●
               contra
               Praelato●
               c
            
             23.
             p.
             21●
             .
          
           
             
               Cy●us
               Pistoriensis
               inter
               e●s
               §.
               ne
               ●ew●re
               .
               C
               de
               appel
               .
               Centum
               Gravam●●
               .
            
             12.
             
          
           
             Of
             the
             Popes
             Commissaries
             and
             Legat●
             .
          
           
             
               Lib
               de
               Statu
               Eccles●
               Gallic
               .
               in
               schismat
               .
               p.
            
             75.
             
          
           
             
               Concil
               .
               Trid.
               Sess.
            
             25.
             c.
             10.
             
          
           
             
               Centum
               Gravamina
               c.
            
             9●
             .
          
           
             
               See
               the
               
                 Grand
                 R●●ueil
                 des
                 Ordonnances
                 de
                 Fontan●n
                 .
                 tit
                 .
              
               4.
               
                 des
                 Legats
              
               .
            
             
               
                 Extant
                 .
                 Parifiis
                 excusae
                 hae
                 facultates
                 ,
                 apud
                 Vincen●ium
                 Sertenas
                 ann
                 .
              
               1561.
               
            
             
               
                 Espensaeus
                 in
                 comment
                 .
                 in
                 ep
                 .
                 ad
                 Titum
                 .
                 c.
              
               1.
               digress
               .
               2●
               p.
               66.
               
            
          
           
             Of
             th●
             faculties
             of
             the
             L●g●ts
             .
          
           
             
               Recueil
               des
               libertes
               de
               l'
               Eglise
               Gallican●
               c.
            
             14.
             
          
           
             
               Nicolaus
               Cusanus
               l.
            
             2.
             c.
             20●
             
          
           
             
               Mar●ilius●
               Pat
               in
               def
               .
               pac
               .
               part
               .
            
             2.
             c.
             ●5
             .
          
           
             
               Paulus
               Langiu●
               in
               Chron.
               Citizens
               .
               sub
               ann
               .
            
             1405.
             
          
           
             Popes
             usurpation
             in
             Rome
             ,
             Fr●nce
             ,
             ●nd
             Pol●nd
             .
          
           
             
               Can.
               Ergo
               Ludovicus
               .
               dist
            
             .
             63
             :
          
           
             
               Franc.
               Guicci●rdine
            
             in
             his
             history
             of
             
               Italy
               l.
            
             4.
             
          
           
             
               
                 Matth
                 Westmonast
                 .
                 l.
              
               2.
               
                 sub
                 ann
              
               .
               1301.
               
            
             
               
                 Polydor.
                 Virgil.
                 l.
              
               17.
               
               
                 Anglic.
                 hist.
              
               
            
          
           
             
               Albertus
               Crantzius
               Wandal
               .
               l.
            
             2.
             c.
             37.
             
          
           
             
               Platina
               in
               Clemente
            
             4.
             
          
           
             
               
                 Albertus
                 Crantzius
                 Norman
                 .
                 l.
              
               4.
               c.
               16
               ,
               17.
               
            
             
               
                 Matth.
                 Paris
                 .
                 in
                 Iohan.
                 p.
              
               225.
               
            
          
           
             
               Verba
               Matthaei
               Westmonast
               .
               p.
            
             92,93
             .
          
           
             Popes
             u●urpi●g
             u●on
             the
             c●●vvn
             of
             E●gl●nd
             .
          
           
             
               Se●tentia
               ●adē
               etiam
               apud
               Parisiensem
            
             .
          
           
             
               Idem
               West●●nast
               .
               p●
            
             93●
             
          
           
             
               Matth.
               Paris
               .
               ubi
               supra
            
             .
          
           
             
               Matt●●
               Westmon
               .
               ubi
               su●●●
            
             .
          
           
             Of
             the
             Popes
             Kindred
             .
          
           
             
               Platina
               in
               Greg
            
             9.
             p.
             167.
             
             
               Blondus
               l.
            
             7.
             decad
             .
             2
             p.
             282.
             
          
           
             
               Iohannes
               Aventinus
               ,
               ex
               Iohanne
               Mysta
               Strigenen●i
               ,
               l.
            
             7
             
               annal
               Boiorum
               p.
            
             627.
             
          
           
             
               Marsilius
               Pat.
               in
               des
               .
               pac
            
             2.
             
               part
               c.
            
             11.
             p.
             201
             
          
           
             
               Le
               Songe
               du
               verger
               c.
            
             24.
             
          
           
             
               Rodericus
               episc
               .
               Zamorensis
               in
               Speculo
               humanae
               virae
               .
               impress
               .
               Bisuntii
               .
               ann
               .
            
             1488.
             
          
           
             
               Frances
               Guicciardine
            
             in
             his
             fourth
             book
             of
             the
             Histo●y
             of
             I●●ly
             .
          
           
             †
             It
             is
             effaced
             by
             the
             Inquisition
             out
             of
             the
             Originall
             in
             in
             most
             editions
             ,
             but
             the
             English
             reader
             may
             finde
             the
             whole
             passage
             set
             forth
             by
             Dallington
             ,
             vvith
             a
             discourse
             upon
             it
             .
             As
             also
             annexed
             to
             
               The
               history
               of
               the
               Councell
               of
            
             T●ent
             .
          
           
             Of
             the
             luxu●y
             of
             Po●●s
             .
          
           
             Guicciardinc
             in
             his
             fourth
             book
             of
             the
             history
             of
             Italy
          
           
             
               D.
               Berna●dus
               lib
            
             2.
             
               de
               considerat
               .
               ad
               Eugenium
               Papam
               .
            
          
           
             
               Ioannes
               Sarisburiensis
               in
               Policratico
               l.
            
             6.
             c
             24.
             
          
           
             
               Marsilius
               Patavinu●
               in
               def
               .
               paci●
               part
               .
            
             2.
             c.
             11.
             
          
           
             The
             Popes
             flatterers
             .
          
           
             
               Consult
               d●lectorum
               virorum
               Tom.
            
             3.
             
             
               Concil
               .
               edit
               .
               Colon.
            
             1551.
             
          
           
             
               Ioannes
               Gerson
               de
               potest
               .
               E●cles
               .
               Confid
               .
            
             12.
             
          
           
             
               Marsilius
               in
               def
               pac
               .
               part
               .
            
             2●
             c.
             25.
             
          
           
             Plenitude
             of
             the
             Popes
             povve●
             .
          
           
             
               Grego●ius
               Heymburgensis
               in
               De
               consut
               .
               primat
               .
               Pap
               in
               princ
            
             2
             part
             .
          
           
             
               Petrus
               de
               Ferrariis
               in
               form
               .
               Opponend
               .
               Contra
               testes
               .
               in
               ver
               .
               Contra
               jus
               .
               p.
            
             164.
             
          
           
             
               Clement
               .
               Pastoralis
               De
               sent
               .
               &
               re
               judic
               .
               Extra
               .
               unam
               Sanctam
               .
               de
               major
               .
               &
               obedient
               ●an
               .
               omnes
               .
               dist
               .
            
             22.
             
          
           
             a
             
               Lanc.
               Conrad
               .
               in
               Templo
               omnium
               judic
               .
               l●
            
             2.
             c.
             1.
             
             §.
             4.
             
          
           
             b
             
               Baldus
               in
               l.
               Rescripta
               .
               C.
               de
               praeci
               .
               Imper.
               off
               nu
               .
            
             7.
             
          
           
             c
             
               Baldus
               ibid.
            
             
          
           
             d
             
               August
               .
               Triumphus
               (
               ●ive
               de
               Ancona
               )
               in
               De
               potest
               .
               Ec.
               q
            
             18.
             art
             .
             1.
             
          
           
             e
             
               Idem
               ib
               a
            
             2.
             
          
           
             f
             
               Idem
               ibid.
               art
            
             .
             3.
             
          
           
             g
             
               Ibid
               art
            
             .
             4.
             
          
           
             h
             
               Ibid
               art
            
             .
             5.
             
          
           
             Th●
             Popes
             〈◊〉
             .
          
           
             
               
                 Extat
                 h●●
                 Bulla
                 in
                 tract
                 .
                 de
                 materiis
                 indulgentiarum●
              
            
             
               
                 Ioannis
                 Phesfer
                 Wittenberg
                 Theol
                 Pro●ess
                 .
                 in
                 Vnivers
                 .
                 Friburg
                 .
                 scrip
                 .
                 a●●
                 .
              
               147●
               .
            
             
               Decisio
               1.
               vel
               447.
               
                 ●n
                 compila
                 .
                 Rebuffi
                 .
                 Edit
                 .
                 Lugduni
                 ann
                 .
              
               1555.
               p.
               27.
               
               
                 Extat
                 haec
                 Ep.
                 Nicholai
              
               1.
               
                 ad
                 Michaelem
                 Const.
                 to
                 ●
                 .
                 con
                 .
                 Vnde
                 sumptus
                 Canon
                 .
                 Satis
                 evidenter
                 .
                 dist
                 .
                 Augustin
                 .
                 Steu●cheus
                 in
                 lib
                 de
                 Donat.
                 Constan●stantini
                 .
                 Audi●
                 summum
                 Pontificem
                 à
                 Constantino
                 Deum
                 appellatum
                 &
                 babitum
                 pro
                 Deo
                 ?
                 hoc
                 videlicet
                 factum
                 est
                 cum
                 illum
                 praeclaro
                 illo
                 edicto
                 decoravit
                 .
                 Adoravit
                 u●
                 Deum
                 .
                 Augustin
                 .
                 Bero●us
                 in
                 rubric
                 .
                 de
                 offi●
                 .
                 deleg
                 .
                 nu
                 .
              
               10.
               
            
             
               
                 Baldus
                 in
                 l.
                 ult
                 .
                 C.
                 de
                 senten
                 .
                 rescindend
                 .
                 Lancelotus
                 Conradus
                 l.
              
               2.
               
                 de
                 templo
                 omnium
                 judic
                 .
                 c.
              
               1.
               
               §.
               4.
               
                 de
                 praestantia
                 &
                 potesta●te
                 Pont.
                 maximi
                 .
              
            
             
               
                 Idem
                 ibid.
              
               
            
             
               
                 Idem
                 l.
              
               2.
               c.
               1.
               
               §.
               4.
               
            
             
               
                 Hostiensis
                 in
                 tit
              
               .
               4.
               
                 de
                 transtat
                 Episc.
                 &
                 ●lii
              
               .
            
             
               
                 Lancelot
                 Conradus
                 ubi
                 supra
                 Bellar.
                 de
                 Rom.
                 Pont.
                 l
              
               4.
               c.
               5.
               
               
                 Idem
                 Lanc.
                 l.
              
               2.
               c.
               1.
               
               §.
               4.
               
               
                 De
                 reservati●
                 Pontifici
                 .
                 Cap.
                 Debitus
                 de
                 appellation
                 .
                 Idem
                 Lancelot
                 .
                 l.
              
               2
               c.
               1.
               
               
                 Baldus
                 in
                 cap.
                 Cum
                 Super.
                 de
                 causis
                 propriet
                 .
                 &
                 possess
                 .
                 Id●m
                 in
                 cap.
                 Eccles.
                 u●
                 lite
                 pendente
                 .
                 Lancelot
                 Conrad
                 .
                 ubi
                 supra
                 .
                 l.
              
               2.
               c.
               1.
               
               §.
               4.
               
               
                 Ceremonial
                 .
                 P●●tif
                 .
                 l.
              
               3.
               tit
               .
               1.
               
            
          
           
             The
             Popes
             usurped
             power
             over
             Princes
             .
          
           
             
               
                 Rodericus
                 episc
                 .
                 Zamoren●is
                 in
                 Speculo
                 humanae
                 vitae
                 .
                 l.
              
               2.
               c.
               3.
               
            
             
               
                 Michael
                 Menotus
                 in
                 Sermon
                 .
                 quadrages
                 .
                 feria
              
               3.
               post
               2.
               
                 dominicam
                 quadrages
              
            
             
               
                 Haec
                 est
                 Arnulphi
                 Aurelianensi●
                 episcopi
                 oratio
                 habita
                 in
                 Concilio
                 Rhemensi
                 .
                 Actis
                 inserta
                 .
              
            
          
           
             
               Eberhardus
               episc
               .
               Salisburiensis
               apud
               Aventinum
               l.
            
             7.
             
             
               Annal.
               Boiorum
               p
            
             547.
             
          
           
             
               
                 Ioannes
                 Faber
                 in
                 praesat
                 .
                 ad
                 Iustinian
                 .
                 Institut
                 .
                 Papa
                 in
                 verbis
                 se
                 dicit
                 servum
                 servo●um
                 ,
                 de
                 facto
                 tamen
                 se
                 adoraripermittit●
                 quod
                 Angelu●
                 in
                 apocalypsi
                 refugit
                 .
              
            
             
               
                 Zabarella
                 Card●nal
                 Flor.
                 in
                 tract
                 .
                 de
                 schism
                 .
                 Pont.
                 
              
            
             
               
                 Can.
                 Constantius
                 dist
              
               .
               96.
               
            
          
           
             a
             
               Cap.
               unam
               sanctam
               .
               extra●
               de
               majorit
               ,
               &
               obed
               .
            
          
           
             b
             Ca.
             1.
             
             
               Extra●
               de
               Cons●●t
            
             .
          
           
             O●
             t●●
             Pop●s
             〈◊〉
             .
          
           
             c
             
               C●●undament●
               .
               de
               elect
               ju
            
             .
          
           
             d
             
               Clementin
               .
               Pastoralis
               .
               de
               r●
               judi●
               .
            
          
           
             e
             
               August
               .
               de
               Anco●a
               .
               De
               Potest
               .
               Ec●les
               .
               q.
            
             36.
             art
             .
             2.
             
          
           
             f
             
               Idem
               ibid.
               q.
            
             35
             art
             .
             1.
             
          
           
             g
             
               Lancelot
               .
               Conradus
               in
               templo
               ●mnium
               judic
               .
               l.
            
             2.
             c.
             1.
             
             §.
             4.
             
          
           
             h
             
               Idem
               ibid.
               de
               Praest
               .
               &
               potest
               .
               Pontis
               .
               maxim
               .
            
          
           
             i
             
               Ca.
               Venerabilem
               extra
               .
               de
               electione
               .
            
          
           
             k
             
               August
               .
               de
               Anc.
               q.
            
             37.
             a.
             1.
             
          
           
             l
             
               Idem
               q.
            
             37.
             art
             .
             2.
             
          
           
             m
             
               Idem
               q.
            
             37.
             art
             .
             ●
             
          
           
             n
             
               
                 Idem
                 q.
              
               37.
               art
               .
               4
            
             
               
                 Et
                 ●a
                 .
                 Venerabilem
                 .
                 extra
                 de
                 el●ctione
                 .
              
            
          
           
             o
             
               Idem
               August
               .
               q
            
             37.
             art
             5.
             
          
           
             p
             
               Idem
               q.
            
             38.
             art
             1.
             
          
           
             q
             
               Idem
               q.
            
             38.
             a●t
             .
             4.
             
          
           
             r
             
               Idem
               .
               q.
            
             39.
             art
             .
             1●
             
          
           
             s
             
               Idem
               q.
            
             35.
             art
             6.
             
          
           
             t
             
               Idem
               q.
            
             35.
             art
             .
             3.
             
          
           
             u
             
               Idem
               ibid.
               art
            
             .
             4.
             
          
           
             x
             
               Idem
               q.
            
             46.
             a.
             3
             
          
           
             y
             
               Idem
               q.
            
             45●
             art
             .
             3.
             art
             .
             3.
             
          
           
             z
             
               Idem
               ib
               a
            
             2.
             
          
           
             a
             
               Idem
               q
            
             46.
             art
             .
             1
             
          
           
             b
             
               Ibid
               q
            
             44.
             art
             .
             4.
             
          
           
             c
             
               Idem
               ibid.
               art
            
             .
             5.
             
          
           
             d
             
               Alvarus
               Pelagius
               de
               planctu
               Eccles.
               l.
            
             1
             :
             art
             37.
             
          
           
             e
             
               Idem
               ibid.
            
             
          
           
             f
             
               Idem
               ibid.
            
             
          
           
             ●h●
             Po●●s
             bestowing
             of
             Kingdom●s
             .
          
           
             g
             
               Idem
               ibid.
            
             
          
           
             h
             
               Idem
               ibid.
            
             
          
           
             
               C●p.
               〈◊〉
               de
               insu●●
               novi
               or●is
               l.
            
             7.
             
             Decret
             .
          
           
             
               Iac●bus
               de
               Teran●
               in
               tract
               .
               Monar●h
               .
            
          
           
             
               ●●trav
               Vnam
               s●nct●m
               .
               de
               m●●●rit
               .
               &
               obed
               .
            
          
           
             
               
                 Albert.
                 Crantz
                 .
                 M●●rop
                 .
                 l.
              
               9.
               c.
               201.
               
            
             
               
                 Platina
                 in
                 Greg.
              
               7.
               
            
          
           
             
               Clementin
               .
               Pastoralis
               de
               sent
               .
               &
               re
               judic
               .
            
          
           
             
               Sabell●cus
               Ennead
            
             .
             9.
             l.
             8.
             
          
           
             
               N●uclerus
               Generat
            
             .
             45.
             
          
           
             Of
             the
             King
             of
             France
             his
             Priviledges
             .
          
           
             
               Can.
               aliu●
               .
               caus
            
             .
             15
             q.
             16.
             
          
           
             
               Marsil●
               Patav.
               in
               def
               pacis
               .
               part
               .
            
             2.
             c.
             25.
             
          
           
             The
             King
             of
             F●ance
             his
             priviledge
             va●●n
             .
          
           
             
               Mursil
               .
               Patav.
               in
               d●s
               p●c
               part●
            
             2.
             c.
             20.
             
          
           
             *
             
               Venericus
               Vercellensis
               lib.
               de
               unit
               .
               Eccles.
               conser
               .
               p.
            
             12.
             37.
             40.
             
             
               Epistola
               Leodiensium
               tom
            
             .
             3.
             
             
               Concil
               ex
               edit
               .
               Colon.
               ann
               .
            
             15●1
             .
             
               Marsilius
               Patavin
               .
               in
               desens
               .
               pacis
               part
               .
            
             1.
             
               cap.
               ult
               .
               &
               part
            
             .
             2.
             capi●ib
             .
             22,23,24,25
             .
             
               Aventinus
               lib.
            
             7.
             
               annatium
               Boiorum
               ubi
               refert
               rogationem
               Procerum
               Germanorum
               pag.
            
             621.
             
               &
               ubi
               loquitur
               de
               Frederico
            
             .
             2.
             pag.
             533.
             
             
               Arnaldus
               Ferronius
               de
               rebus
               gestis
               Francorum
               ,
               ubi
               loquitur
               de
               Iulio
            
             2
             
               Guicciardinus
               lib
            
             4
             
               hist.
               Italia
               ,
               in
               loco
               detracto
               .
               Baptista
               Mantuanus
               lib.
            
             1.
             
             
               Sylvarum
               .
               Erasmus
               in
               apologia
               adversus
               Stunica
               blasphemia●
               .
               L●dovicus
               Romanu●
               .
               co●s
               .
            
             522.
             num
             .
             9.
             
             
               Martinus
               Pol●nus
               in
               Henrico
            
             6.
             
               sub
               ann
            
             .
             13●9
             .
             
               Guilielmus
               M●lmesburiensis
               Auglus
               lib.
            
             4.
             cap.
             2.
             
             
               Platina
               in
               Gregorio
            
             7.
             
               &
               in
               Bonifacio
            
             8.
             Alexandr●●
             ,
             
               &
               in
               Innocentio
            
             4
             ,
             
               &
               in
               Eugenio
            
             4
             ,
             
               &
               in
               Iulio
            
             2.
             
             
               Otho
               Frisingensis
               lib.
            
             7.
             
             
               Chron.
               c.
            
             9.
             
             
               Helmoldus
               in
               Chronico
               Slavorum
               c.
            
             28.
             
               &
               sequent
            
             .
          
           
             Of
             holding
             the
             Popes
             stirrop
             .
          
           
             
               
                 Can.
                 Constant.
                 dist
              
               .
               96.
               
            
             
               
                 August
                 .
                 Steuchius
                 ,
                 Pape●
                 bibliothecarius
                 ,
                 l.
              
               2.
               
                 de
                 donat
                 .
                 Constant.
                 c.
              
               66.
               
               
                 Platina
                 in
                 Steph
              
               2.
               
            
             
               
                 Ceremoniale
                 pontif
                 .
                 Tit.
              
               2.
               
                 sub
                 §.
                 Ordo
                 processionis
                 continet
              
               .
            
             
               
                 Et
                 l.
              
               3.
               
                 sub
                 §.
                 de
                 prima
                 lotione
                 manuum
                 .
              
            
             
               
                 Et
                 §.
                 de
                 modo
                 portandi
                 fercul
                 .
                 Helmoldus
                 Presbyter
                 ,
                 Lubecensis
                 ,
                 in
                 hist.
                 Slavorume
              
               8.
               
            
          
           
             The
             Popes
             pride
             ov●●
             Emperours
             .
          
           
             
               Nauclerus
               gener
            
             .
             39.
             
          
           
             
               Albertus
               Crantz
            
             2
             Metrop
             .
             6.
             c.
             35.
             
          
           
             
               Matth
               Wes●
               monast
               .
               l.
            
             2.
             
               sub
               ann
            
             .
             1245.
             
          
           
             
               Helmoldus
               ubi
               supra
            
             .
          
           
             
               Abhas
               Vispargensis
               in
               Hen.
            
             4.
             
          
           
             
               Le
               mer
               de
               histoires
            
             .
          
           
             
               Matth.
               Westmonast
            
             .
             2.
             
               sub
               ann
            
             .
             1246.
             
          
           
             The
             Popes
             omnipo●ency
             .
          
           
             
               Matth
               Westmon
               .
               l.
            
             2.
             
               sub
               ann
            
             .
             1244.
             
          
           
             
               Rodericus
               Episc
               .
               ●amorensis
               in
               speculo
               humanae
               vitae
               l.
            
             2.
             c.
             1.
             
          
           
             Iob
             9.
             
          
           
             
               Antoninus
               in
            
             3
             
               part
               .
               hist
               tit
            
             .
             22.
             
             ●
             .
             17.
             
             §.
             1.
             
             
               Iacobus
               de
               Terano
               in
               tract
               .
               Monarch
               .
            
          
           
             A
             censure
             of
             Popish
             auth●rs
             .
          
           
             
               Hincmarus
               Episc
               Rhemen
               .
               in
               ep
               .
               ad
               Hadrianum
               pap●m
               .
            
          
           
             
               Hincmaru●
               ibi
            
             .
          
           
             Of
             deposing
             of
             Kings
             .
          
           
             
               Idem
               Otho
               l.
            
             ●
             .
             c.
             34.
             
          
           
             
               Godofridus
               Viterbiensis
               in
               Chron.
               par
            
             .
             2.
             
               in
               Henr.
            
             4.
             p.
             499.
             
          
           
             
               Epist.
               Leodiensium
               adversus
               Paschalem
            
             2.
             tom●
             3.
             
             
               Concil
               .
               Edit
               .
               Colon.
            
             1551.
             p.
             809.
             
          
           
             
               Bernard
               l.
            
             2.
             
               de
               considerat
               .
               ad
               Eugenium
               papam
               .
            
          
           
             
               Venericus
               Vercellensis
               lib
               de
               Vnitate
               Ecclesia
               .
            
          
           
             The
             Pope●
             usurp●tion
             upon
             Princes
             .
          
           
             
               Albertus
               Abbas
               Stadensis
               in
               Chron
               ad
               ann
               .
            
             1245.
             
          
           
             
               Matth.
               Paris
               .
               in
               Hen.
            
             3
             p.
             660.
             
          
           
             
               Matth.
               VVestmonast
               in
               Florib
               .
               hist
               ann
               .
            
             1216.
             
          
           
             
               Matth.
               VVestmon
               .
               in
               Florib
               .
               hist.
               ann
            
             1245.
             p.
             181.
             
             1●9
             .
          
           
             
               Matth●
               VVestmonast
               ann
            
             .
             1254
             p.
             265.
             
          
           
             
               Epistola
               .
               Archi.
               episcoporum
               ,
               Episcoporum
               Abbatum
               ,
               Priorum
               de
               Pari●iis
               Congreator●
               ad
               Bonif.
            
             ●
             .
          
           
             The
             Popes
             temporall
             dominion
             oppugned
             .
          
           
             
               Ioan
               Tilius
               in
               Chron.
               sub
               ann
               .
            
             1202.
             
          
           
             
               Marsil
               .
               Patav.
               in
               def
               .
               pac
               part
               .
            
             2.
             c.
             21.
             
          
           
             
               
                 Albertus
                 Argentin
                 .
                 in
                 Chr.
                 Idem
                 p.
              
               129.
               
               
                 Integra
                 haec
                 constitutio
                 extat
                 apud
                 Albe●icum
                 de
                 Rosate
                 ,
                 in●
                 .
                 Bene
                 à
                 Z●none
                 C.
                 de
                 quadrien
                 .
                 Pr●script
                 .
              
            
             
               
                 Et
                 apud
                 Aventinum
                 l.
              
               4.
               
                 annal
                 .
                 Boiorum
                 p.
              
               6●1
               .
            
             
               
                 Extat
                 haec
                 constitutio
                 apud
                 Nauclerum
                 generat
                 .
              
               45.
               
               
                 Et
                 Aven
                 l.
              
               4.
               
                 annal
                 .
                 Boior
                 .
                 p
              
               623.
               
            
          
           
             
               Albe●icus
               in
               l.
               bene
               a
               Zenone
               .
               nu
               .
            
             16
             
               C.
               de
               quadrien
               .
               praescrip
            
             .
          
           
             The
             Pop●s
             usurping
             upon
             the
             Empe●ours
             
          
           
             
               
                 Albericus
                 indiction
                 in
                 verbo
                 El●ctio
                 Imperatoris
                 .
              
            
             
               
                 Cap.
                 ●en●rabilem
                 Extr.
                 d●●le
                 .
                 Cap.
                 Ad
                 Apos●olic●
                 extra
                 .
                 de
                 S●ntentia
                 et
                 ●e
                 ●ud
                 in
              
               6.
               
               
                 Cap.
                 Pastoralis
                 .
                 ●esent
                 .
                 &
                 re
                 judi●
                 .
                 in
                 Clem.
                 Cap.
              
               1.
               
                 de
                 ju●●
                 ju●ando
                 in
                 Clement
              
               .
            
          
           
             
               
                 Petrus
                 de
                 Ferra●iis
                 in
                 Practica
                 .
                 in
                 ●orma
                 respons
                 rei
                 connect
                 in
                 verbo
                 ,
                 Tanquam
                 publi
                 .
                 p.
              
               85.
               
            
             
               
                 Idem
                 de
                 Ferrariis
                 ibid.
                 in
                 verb.
                 praescrip
                 .
                 versus
                 fin
                 .
              
            
          
           
             
               Idem
               Ferrariensis
               in
               forma
               libelli
               in
               quo
               uxor
               agit
               a
               dot
               .
               in
               verbo
               ,
               Coram
               vobis●
            
          
           
             Of
             the
             two
             swords
             .
          
           
             
               Theodoricus
               a
               Nihem
               l.
            
             3.
             
               de
               schisma●e
               c.
            
             7.
             
          
           
             
               Antonius
               de
               Rosellis
               in
               l.
               de
               potestate
               Imperat
               .
               &
               Pap.
               versu
               Ne
               Prolixius
               p.
            
             9.
             
          
           
             
               Idem
               de
               Rose●lis
               in
               versic
               .
               de●imaratio
               p.
            
             11.
             
          
           
             
               Albertus
               Crantzius
               Vandali●orum
               l.
            
             8
             p.
             179
             
          
           
             Of
             absolving
             subjects
             from
             their
             oath
             of
             allegeance
             .
          
           
             
               Helmoldus
               in
               Chron
               Slavorum
               .
               c.
            
             29.
             p.
             65
             
          
           
             
               Sigebertu●
               sub
               ann
            
             .
             1088●
             p.
             101●6
             .
          
           
             
               Ven●ricus
               Ve●cellen
               .
               in
               De
               u●i●a●e
               Eccles●
               p.
            
             31
             &
             33.
             
          
           
             O●●●solving
             subj●cts
             from
             th●ir
             ●ll●geance
             
          
           
             
               
                 Extat
                 ●aec
                 apologia
                 ●ive
                 epist.
                 Tom.
              
               2.
               
               
                 Concil
                 .
                 edit
                 .
                 Colon.
              
               1661.
               
            
             
               
                 Et
                 in
                 collect
                 .
                 de
                 jurisdict
                 .
                 imperiali
                 p.
              
               134.
               
            
          
           
             
               Greg.
               Heym
               .
               in
               De
               confutat
               .
               primat
               .
               Pap.
               
            
          
           
             
               Marsilius
               in
               tract
               .
               de
               translat
               .
               Imperii
               .
               c.
            
             5.
             
          
           
             Christ
             and
             the
             Pope
             para●leld
             .
          
           
             *
             
               Iohannes
               de
               parisiis
               in
               De
               potestate
               regia
               &
               Papali
               .
               Dante
               's
               Aligerius
               in
               De
               Monarchia
               .
               Rodulphus
               de
               Columna
               De
               translatione
               Imperii
               .
               Guilielmus
               Occan.
               lib.
            
             6.
             
               dialogorum
               part
            
             .
             1
             cap.
             9.
             
             
               Et
               in
               De
               potestate
               Eccles.
               q.
            
             ●
             .
             cap.
             8.
             
             
               Antonius
               de
               Rosellis
               in
               De
               potestate
               Imperatoris
               &
               Papae
               .
               Iacobus
               Almain
               in
               De
               potestate
               Ecclesiastica
               .
               Author
               privilegiorum
               &
               jurium
               Imperii
               ●
               Theodorico
               ●
               Nihem
               restitutus
               Somnium
               Viridarii
               .
               AEneas
               Sylvius
               De
               ortu
               et
               authoritate
               Imper.
               Rom
               cap.
            
             10.
             
             Carolum●
             ,
             
               Imperatorem
               .
               part
            
             .
             2.
             q.
             2.
             
             
               Andraeas
               de
               Iserina
               in
               usibus
               seudorum
               ,
               Tit.
               Quae
               sui
               regal
               .
               Ioannes
               Igneus
               in
               disputatione
               .
               An
               Rex
               Franciae
               recognoscat
               superiorem
               .
               Guicc●ardinus
               lib.
            
             4.
             
               de
               bello
               Italiae
               ,
               in
               loco
               detracto
               .
               Franciscus
               Duarenus
               De
               sacris
               Ecclesiae
               ministeriis
               l.
            
             1.
             
             ●
             .
             4.
             
          
           
             
               Gregorius
               Haymburgensis
               in
               confurat
               .
               Primatus
               Papae
               part
               .
            
             2.
             
               versus
               finem
            
             .
          
           
             
               Nicoldus
               de
               Clemangiis
               in
               De
               ruina
               &
               reparat
               .
               Ecclesversu●
               finem
               .
            
          
           
             The
             P●ide
             of
             Rome
             .
          
           
             
               Marsilius
               Patavinus
               in
               defpacis
               part
            
             .
             2.
             c.
             24.
             
          
           
             Of
             th●
             fall
             of
             Rom●
             .
          
           
             
               Magister
               Iordanus
               in
               Chron.
               ubi
               loquitur
               de
               Frederico
               ultimo
               .
            
          
           
             Innocent
             .
             3.
             
               in
               c
               ,
               Novit
               .
               Extra
               .
               de
               judic
               .
            
          
           
             Of
             abating
             the
             ●umber
             of
             Cardinals
             .
          
           
             
               Concil
               constantiense
               Sess.
            
             41.
             
          
        
         
           Notes for div A10389-e74480
           
             The
             power
             of
             calling
             Councels
             .
          
           
             Authority
             of
             calling
             Councels
             usurped
             by
             the
             Po●e
             .
          
           
             
               Session
               .
               ult
               .
               in
               fin●
               .
            
          
           
             Counc●ls
             lawfully
             called
             and
             not
             by
             the
             Pope
             .
          
           
             Ca●
             .
             1,2
             ,
             4,5
             ,
             6.
             dist
             .
             17●
             
          
           
             
               
                 Eusebius
                 de
                 vlta
                 Constant.
                 l.
              
               3
               c
               6.
               
            
             
               
                 Theodoret.
                 l.
              
               1.
               c.
               7.
               
            
             
               
                 Ruffin
                 l
              
               10.
               c
               1●
            
             
               
                 Hist
                 tripartit
                 .
                 l.
              
               1.
               
                 c
                 ult
                 l.
              
               3.
               c.
               9.
               13.
               l.
               10.
               cap
               2●3
               .
            
             
               
                 Zonaras
                 to
              
               .
               3.
               
                 V.
                 Tom.
              
               1.
               
               Con●il
               .
            
             
               
                 V.
                 Isidori
                 d●cret
                 .
                 Parisus
                 impress
                 .
                 ann
                 .
              
               1524.
               p.
               79.
               
               
                 Et
                 ann
              
               .
               1535.
               p.
               74.
               
            
             
               
                 Et
                 confer
                 cum
                 collectione
                 Concilior●m
                 Generalium
                 Edit
                 .
                 Colon.
              
               1537.
               p.
               314.
               
               
                 Et
                 an●
              
               155●
            
          
           
             Councels
             called
             by
             the
             Empe●our
             Constantine
             .
          
           
             
               Theodoret.
               l.
            
             5.
             c.
             6
             
          
           
             
               ●xtat
               .
               haec
               epist.
               in
               libello
               constitut●onum
               Synodalium
               .
               Tom.
            
             1.
             
             Concil
             .
          
           
             Councels
             called
             by
             the
             Emperour
             Th●odosius
             .
          
           
             
               Theod.
               l.
            
             5.
             c.
             ●●
             
          
           
             
               Extat
               inter
               Acta
               Concil
               .
               Aquileiensis
               Tom
            
             1.
             Concit
          
           
             The
             third
             Generall
             Councel
             not
             called
             by
             the
             Pope
             .
          
           
             
               Socrates
               l.
            
             7.
             c.
             34.
             
          
           
             
               Evagrius
               l.
            
             1.
             c.
             3.
             
          
           
             
               Niceph.
               l.
            
             14.
             
             ●
             .
             ●4
             .
          
           
             
               V.
               Libel
               .
               Constitut
               .
               Synodal
               .
               Tom.
            
             1.
             
             
               Concil
               .
               Et
               Acta
               Concil
               .
               Ephe●ini
               .
            
          
           
             Bellarmines
             p●●-offs
             refuted
             
          
           
             
               Prosper
               in
               Chron.
            
             
          
           
             
               Martinus
               Polonus
               in
               Celestino
               sub
               ann
               .
            
             42●
             .
          
           
             Act.
             1.
             
             
               Concil
               .
               Chalc.
               Tom.
            
             1.
             
             Concil
             .
          
           
             The
             Cou●cell
             of
             Chalcedon
             not
             called
             by
             the
             Po●e
             .
          
           
             L.
             3.
             
             
               C
               de
               sum
               .
               t●●m
            
             .
          
           
             
               Extat
               haec
               epist
               inter
               epist
               praeambulares
               Concil
               .
               Chal
               ced
               .
               Tom.
            
             2.
             
             
               Concil
               .
               p.
            
             126.
             
          
           
             Councels
             called
             by
             Emperours
             .
          
           
             
               
                 Extat
                 h●c
                 epistola
                 in
                 libello
                 Constitution●
                 Synodalium
                 to
                 .
              
               2.
               
               Concil
               .
            
             
               
                 Et
                 in
                 fragmentis
                 Pithoeani●
                 .
                 Et
                 apud
                 Theodorat
                 l.
              
               2.
               c.
               8.
               
               
                 Et
                 apud
                 athanas
                 .
                 apolog
              
               .
               2.
               
            
          
           
             
               Sozomen
               l.
            
             3●
             cap.
             9
             &
             .
             10.
             
          
           
             Eight
             Generall
             Councels
             call●d
             by
             Empep●rou●s
             .
          
           
             
               
                 Iustinian
                 .
                 in
                 epist
                 ad
                 Episcopos
                 Synodi
                 Constantin
                 .
                 Tom.
              
               3.
               
               Concil
               .
            
             
               
                 Niceph
                 l.
              
               17.
               c.
               17.
               
            
             
               
                 Zomaras
                 Tom.
              
               3
               
                 in
                 Constantino
              
               4.
               
            
             
               
                 Martinus
                 Poton●●
                 in
                 Constantino
              
               4.
               
               
                 Et
                 Iustin●a●o
              
               2.
               
               
                 Et
                 in
                 Agathone
                 &
                 sub
                 ann
                 .
              
               670
               ,
               678
               ,
               687.
               
            
             
               
                 Canone
                 Habeo
                 horum
                 dist
              
               .
               19.
               
               
                 Canone
                 ,
                 Sexta
                 Synodus
                 .
                 dist
                 .
                 ●adem
                 .
              
            
          
           
             
               
                 Synodus
                 Nic.
              
               2.
               
                 in
                 princ
                 .
                 Tom.
              
               3.
               
               
                 Concil
                 p.
              
               452.
               
               
                 Tarasiu●
                 in
                 Epist.
                 ad
                 Ioannem
                 presbyt
                 .
                 tom
                 .
              
               3.
               
               
                 Concil
                 .
                 p
              
               549.
               
            
             
               
                 Zonaras
                 tom
              
               .
               3.
               
            
          
           
             
               Zonaras
               tom
            
             .
             3.
             
               in
               Basilio
               Imp.
            
             
          
           
             
               Nicolau●
               Cusanus
               ,
               de
               Concordia
               Cath.
               l.
            
             2.
             cap.
             2.
             
          
           
             
               Theodoret.
               l.
            
             1.
             c.
             28.
             
          
           
             Popes
             pe●itioners
             for
             Counc●ls
             .
          
           
             
               
                 Eusebius
                 in
                 vita
                 Const.
                 l.
              
               4.
               
                 c.
                 ●
              
               1.
               
            
             
               
                 V
                 Concii
                 .
                 Carthag
              
               .
               ●
               
                 an
                 princ
                 .
                 tom
              
               .
               1.
               
               
                 Concil
                 .
                 p.
              
               6●2
               .
            
          
           
             
               Theodoret.
               l.
            
             2.
             c
             21.
             
          
           
             
               V.
               Gesta
               Conc.
               Aquil.
               eiensi●
               to
               .
            
             1.
             
             
               Concil
               .
               p.
            
             717.
             
          
           
             
               Martinus
               Polonus
               in
               Honori●●
               sub
               ann
               .
            
             412
             
          
           
             
               V.
               Gesta
               Collat.
               Carthag
               .
               circa
               princip
               .
            
          
           
             
               V.
               Acta
               sext●
               Synodi
               ,
               in
               Trullo
               apud
               .
               Bal●amon
               .
            
          
           
             
               In
               prin
               .
               Romanae
               Synodi
            
             4.
             to
             .
             2.
             
             
               Con.
               p.
            
             472.
             
          
           
             
               To.
               3
               
                 Concil
                 .
                 p.
              
               820.
               
            
             
               
                 Author
                 .
                 appendicis
                 ad
                 Eutrop.
              
               
            
          
           
             Councels
             called
             by
             the
             Emperour
             .
          
           
             
               Platina
               in
               Ioanne
            
             12.
             
             
               Idem
               in
               Gregorio
            
             6.
             
          
           
             
               Martinus
               Polonus
               sub
               ann
            
             .
             1067.
             
          
           
             
               
                 Radenicus
                 l.
              
               2.
               
                 de
                 gestis
                 Fred.
                 c.
              
               54.
               
            
             
               
                 Idem
                 lib.
              
               2.
               c.
               64.
               
            
             
               
                 Iean
                 le
                 Maire
                 en
                 la
                 seconde
                 partie
                 du
                 schisme
                 .
              
            
          
           
             
               Theodoret.
               l.
            
             1.
             c.
             24.
             
          
           
             
               Niceph.
               hist.
               l.
            
             14
             c.
             34.
             
          
           
             
               V.
               Tom.
            
             1.
             
             
               Act.
               Concil
               .
               Ephes.
               c.
            
             25.
             
          
           
             
               Can.
               Sancta
               ●omana
               .
               dist
            
             15
             
          
           
             Councels
             c●lled
             by
             the
             Empe●our
             .
          
           
             
               Can.
               Valentinianus
               .
               dist
            
             .
             63.
             
          
           
             
               
                 Hieron
                 .
                 l.
              
               2.
               
                 apolog
                 .
                 contra
                 Ruffin
              
            
             
               
                 Iacobatius
                 l.
              
               3.
               
                 de
                 Conc.
                 art
              
               .
               1.
               
               
                 Bellarm.
                 l.
              
               1.
               
                 de
                 Concil
                 c.
              
               12.
               
                 circa
                 princip
              
               .
            
          
           
             
               Cardinalis
               I●cobatius
               lib.
            
             3.
             
               de
               Concil
               art
            
             .
             1.
             
             
               V.
               etiam
               Bellarmin
               .
               l.
            
             1.
             
               de
               Concil
               .
               c.
            
             13.
             
               ubi
               de
               Concilio
               Constantinop
            
             .
             1.
             
          
           
             
               Theodoret.
               l.
            
             ●
             .
             c.
             16.
             
          
           
             O●he●●oun●els
             ●●lled
             by
             E●p●●●u●s
             .
          
           
             
               Zonaras
               tom
            
             .
             3.
             
          
           
             
               Sozomen
               .
               l.
            
             8.
             c.
             2●
             .
          
           
             
               Leo
               epist.
            
             23.
             et
             31
             et
             .
             24.
             
          
           
             
               Zonaras
               l.
            
             3.
             p.
             ●8
             .
          
           
             
               Gregorius
               in
               registro
               c.
            
             273.
             
          
           
             
               Burchard
               l.
            
             15
             
               decret
               .
               c.
            
             20.
             
          
           
             
               Gregorius
               in
               Registro
               l.
            
             7.
             indict
             .
             2.
             c.
             110.
             et
             112.
             l.
             9.
             indict
             .
             4
             c.
             53.
             
          
           
             
               Athanasius
               in
               epist.
               ad
               Solitarios
            
             .
          
           
             
               T●eodoret
               .
               l.
            
             2.
             c.
             8.
             
          
           
             
               Theodoret
               l.
            
             2.
             c.
             15.
             
          
           
             
               
                 Socrates
                 .
                 l
              
               2.
               c.
               8.
               
            
             
               
                 Sozomen
                 .
                 l.
              
               4.
               c
               22.
               
            
             
               
                 Idem
                 lib.
              
               4.
               c.
               16
            
          
           
             Popes
             summoned
             to
             Councels
             .
          
           
             
               Eusebius
               lib.
            
             3●
             
               de
               vita
               Constantini
               cap.
            
             6.
             
          
           
             Cap.
             23.
             tom
             .
             1.
             
             
               Act.
               Concil
               .
               Ephes.
            
             
          
           
             Act.
             16.
             
             
               Concil●
               Chalced.
            
             
          
           
             
               Sozomen
               .
               l.
            
             4.
             c.
             5
             
          
           
             Cap.
             13.
             tom
             .
             2.
             
             
               Act.
               Concil
               .
               Ephes.
            
             
          
           
             The
             Popes
             ignorance
             of
             the
             Greek
             tongue
             .
          
           
             Ca.
             17.
             tom
             .
             1.
             
             
               Act.
               Concil
               .
               Ephes.
            
             
          
           
             
               Gregor●
               in
               reg●s●ro
               indict
            
             .
             4.
             l.
             9
             epist.
             64.
             
          
           
             
               Tarasiu●
               in
               ep
               .
               ●●
               Ioan
               presb
               tom
               .
            
             3.
             
             Concil
             .
          
           
             
               Bellarm.
               l.
            
             1.
             
               de
               Concil
               .
               c.
            
             19.
             
          
           
             Councels
             called
             ag●inst
             Popes
             
          
           
             
               Vid
               Can.
               prima
               adnotatio
               dist
            
             .
             16.
             
          
           
             
               C●●
               .
               Concii
               .
               dist
            
             .
             17.
             
          
           
             
               
                 Can.
                 nec
                 lichit
                 .
                 et
                 Can.
                 multis
                 cadem
                 dist
                 .
              
            
             
               
                 Lu●tprandus
                 de
                 ●
                 .
                 bus
                 per
                 Europam
                 gestis
                 lib
                 :
              
               6.
               c.
               6.
               
                 et
                 seq
              
               .
            
             
               
                 M.
                 Adamus
                 in
                 hist.
                 Eccles
                 c
              
               55
               
                 Plat●n●
                 in
                 .
                 Ioanne
              
               1●
               .
               
                 ●n
                 Benedicto
              
               9.
               
                 in
                 Sylves●ro
              
               3.
               
                 in
                 Clement
              
               2.
               
            
             
               
                 Otho
                 F●i●ingensis
                 lib
              
               1.
               
                 de
                 gestis
                 Fred
                 rici
                 .
                 Et
                 Radenicus
                 in
                 appendice
                 .
                 Benno
                 de
                 vita
                 et
                 gestis
                 Hildebrand
                 .
              
            
             
               
                 Platina
                 .
                 in
                 Gregorio
              
               12.
               
                 V.
                 Acta
                 Conc●l●
                 Pisani
              
               2.
               
            
             
               
                 Et
                 Arnoldum
                 ●●rronium
                 in
                 I●●dov
                 co
              
               12.
               
               
                 N●ucl●rum
                 to
              
               .
               2.
               g●n●rat
               .
               47.
               
            
          
           
             The
             Popes
             authorities
             answered
             .
          
           
             Pelagius
             2.
             ep
             .
             1.
             
               ad
               Orientales
            
             .
          
           
             
               
                 Leo
                 Papa
                 in
                 ep
                 .
                 ad
                 Turbium
              
               91
               c.
               17.
               
            
             
               
                 Sixtus
                 Papa
              
               3.
               
                 in
                 epist
                 ad
                 Orientales
              
               .
            
             
               
                 V.
                 epist.
                 Marcel
                 .
                 ad
                 Episc●
                 Anti●chen
                 .
              
            
             
               
                 Et
                 rescriptum
                 Iulii
                 contra
                 Orientales
                 in
                 decret
                 .
                 Isidori
                 p.
              
               54.
               et
               .
               163.
               
            
          
           
             All
             Pa●riar●hs
             should
             be
             pres●nt
             at
             Generall
             Councels
             .
          
           
             
               
                 Socrates
                 .
                 l.
              
               2.
               c.
               5.
               
            
             
               
                 Nicephorus
                 l.
              
               9
               c.
               5.
               
            
          
           
             
               Socrat.
               l.
            
             2
             c.
             13
             
          
           
             
               Sozom.
               l.
            
             3.
             
             ●
             .
             9.
             
          
           
             
               B●l●amo
               in
               comment
               .
               ad
               Synod
               .
               Constant.
            
             1.
             
               ad
               finem
            
             .
          
           
             
               Socrat
               l.
            
             7.
             c.
             33
             
          
           
             
               Actio
               9
               g●neralis●
               8
               
                 Synod
                 .
                 to
              
               .
               ●
               .
               
                 Con●il
                 .
                 in
                 fine
                 ejusdem
                 Synodi
                 .
              
            
             
               
                 Zonara●
                 to
              
               3.
               
            
          
           
             H●w
             long
             since
             the
             Popes
             fi●st
             called
             Counc●ls
             .
          
           
             
               Author
               explanationis
               Sanctor●m
               et
               venera●
               Concil
               c
            
             18
             Tom.
             2.
             
             
               Actor
               .
               Co●cil
               .
               Ephes.
            
             
          
           
             Action
             1
             
               Concilii
               Chalced.
            
             
          
           
             
               V.
               Acta
            
             8
             
               Synodi
               in
               definitio●e
               Concilii
               ante
               adventum
               v●carii
               sen.
               Rom.
               To
            
             4.
             
             Concil
             .
          
           
             
               
                 Bellar.
                 l.
              
               1.
               
                 de
                 Concil
                 .
                 ●
              
               12●
               
                 Marcellus
                 in
                 epist.
                 decretali
              
               .
               1.
               
                 ad
                 episc
                 .
                 ●ntio●h
                 .
                 Prov.
                 to
              
               1
               Conc.
               
            
             
               
                 Can
                 Sexaginta
                 .
                 Can.
                 Clement
                 .
                 Can.
                 Placuit
                 .
                 dist
                 .
              
               16.
               
            
             
               
                 Bellar.
                 l
              
               1.
               
                 de
                 Concil
                 .
                 c.
              
               12.
               
               
                 Synod●s
                 Alexand●ina
                 in
                 epist.
                 ad
                 Feli●em
                 .
                 in
                 de●reto
                 Isiodori
                 p.
              
               167.
               
               
                 V.
                 Can
              
               51.
               
               
                 Concilii
                 Carthag
                 .
                 et
                 Balsamon
                 .
                 in
                 laud.
                 
              
            
          
           
             
               V.
               Interpretem
               .
               Concilii
               Nicen●
               in
               suis
               anno
               t●●
               .
            
          
           
             The
             Canon
             in
             favour
             of
             the
             Popes
             when
             made
             .
          
           
             
               Socrat.
               l.
            
             2.
             c
             13.
             
               et
               Sozomen
               .
               l.
            
             3
             c.
             9.
             
          
           
             
               Balsamo
               in
            
             6
             
               Synodum
               Constant●
               in
               Trullo
               .
               p.
            
             194.
             
          
           
             
               Theodoret.
               l.
            
             2.
             c.
             22.
             
          
           
             
               
                 Martinus
                 Polonus
                 in
                 Victore
                 su●
                 ann
              
               203.
               
            
             
               
                 Platina
                 in
                 Victore
                 Eusebi●●
                 hist.
                 l.
              
               5.
               c.
               22.
               
            
          
           
             Spu●●ous
             Cano●s
             i●posed
             by
             th●
             Pop●s
             .
          
           
             
               Eu●ebius
               hist.
               Eccles.
               l
            
             5.
             c.
             22.
             
          
           
             
               V●
               Epist.
               decretales
               M●rcelli
               Papae
            
             1●
             
               ad
               Episc
               Antioch
               .
               &
               ad
               Maxentium
               tyrannum
               in
               decreto
               Isiodori
               pag.
            
             54,55
             .
          
           
             
               
                 Can
                 de
                 lib●ll●s
                 dist
              
               .
               21.
               
            
             
               
                 Can.
                 Si
                 Romanorum
                 dist
              
               .
               19.
               
            
             
               
                 Gra●ian●
                 in
                 versic
                 .
                 quomodo
                 :
                 &
                 Can.
                 vigi●t
                 dist
                 .
              
               17.
               
            
          
           
             
               Hermoge●ianu●
               in
               le
               .
               Si
               de
               interpetatione
               D.
               de
               leg●b
               .
            
          
           
             The
             Ppopes
             usurpation
             hovv
             ancient
             .
          
           
             
               Platina
               in
               Calisto
            
             2.
             
          
           
             
               Radericus
               de
               rebus
               gestis
               Friderici
               l.
            
             2.
             c.
             55.
             
          
           
             
               Idem
               .
               lib.
            
             2.
             c.
             54
             
          
           
             
               Idem
               lib.
            
             2.
             c.
             64.
             
          
           
             
               Platin.
               in
               Alex
            
             .
             3.
             
          
           
             *
             See
             this
             question
             largely
             and
             le●rnedly
             canvassed
             by
             Salmasius
             and
             Sirmondus
             ,
             (
             &
             others
             )
             in
             their
             divers
             late
             tracts
             
               de
               Suburbicariis
               regionibus
            
             .
          
           
             a
             
               Balsamo
               in
               can
            
             6.
             
               conc
               .
               Nic.
            
             
          
           
             b
             
               Synod
               .
               Agrip.
               to
            
             .
             4.
             
             
               Concil
               .
               p.
            
             17.
             
          
           
             c
             
               V.
               Histor
               B.
               Servat●●
               &
               Synod
               .
               Aquilei●●
               〈◊〉
               .
            
             1.
             
             
               Concil
               .
               p.
            
             7●●
             .
          
           
             Wh●●her
             a
             G●ne●all
             Councell
             be
             n●w
             possible
             .
          
           
             
               
                 Theodoret
                 l.
              
               4.
               c.
               2.
               
               &
               3.
               
            
             
               
                 Sozomen
                 l.
              
               5
               c.
               16.
               
                 &
                 l
              
               6.
               c.
               7.
               
            
             
               
                 B●sil
                 .
                 epist.
              
               ●0
               .
            
             
               
                 Ambros
                 epist.
              
               44.
               
            
          
           
             
               Radenicus
               l.
            
             2.
             cap.
             55.70
             .
          
           
             
               Idem
               ibid.
            
             
          
           
             
               Guiliel
               Neu●●rigens
               .
               rerum
               Anglicarum
               ●
               .
            
             4.
             
             ●
             .
             1
             .
          
           
             The
             Councel
             of
             Trent
             gives
             the
             right
             of
             Kings
             to
             the
             Pope
             .
          
           
             
               Conc
               Trid.
               Sess.
            
             24
             c●
             2.
             [
             
               et
               in
               aliis
               Sess.
            
             8
             Can.
             9.
             ]
          
           
             Sess.
             25.
             c.
             2.
             [
             
               et
               in
               aliis
               Sess.
            
             9.
             
             Can.
             2.
             ]
          
           
             
               Concil
               .
               Aurel.
               c.
            
             2.
             to
             .
             2.
             
             Con●
             .
          
           
             Cou●●●ls
             called
             by
             the
             F●ench
             Kings
             .
          
           
             
               
                 Concil
                 .
                 Aurelian●●
                 in
                 princ●
                 &
                 in
                 ●ine
                 .
                 to
                 .
              
               2.
               
               
                 Con
                 p.
              
               551
               552.
               
            
             
               
                 Conc.
                 Aurelian
              
               .
               5
               to
               .
               2.
               
               
                 Conc.
                 p.
              
               574.
               
            
             
               
                 Concil
                 .
                 Paris
              
               .
               2
               
                 in
                 princ
                 .
                 to
              
               .
               2.
               
               
                 Concil
                 p.
              
               8●3
               .
            
          
           
             
               
                 Conc.
                 Matisc.
                 in
                 princ
                 .
                 ●o
                 .
              
               2.
               
               
                 Con.
                 p.
              
               840.
               
            
             
               
                 Conc.
                 Valentin
                 .
                 Gall.
              
               2
               
                 in
                 princ
                 .
                 to
              
               .
               2.
               
               
                 Conc.
                 p.
              
               853.
               
            
             
               
                 Edictum
                 Regis
                 Guntrandi
                 ad
                 ●inem
              
               2.
               
               
                 Conc.
                 Matisc.
                 to
              
               .
               2.
               
               
                 Conc.
                 p
              
               854
            
             
               
                 Cabilonense
                 Conc.
                 in
                 princ
                 .
                 to
              
               3.
               
               
                 Conc.
                 p.
              
               208.
               
            
          
           
             
               
                 Synod
                 .
                 Francica
                 in
                 Princ.
                 tom
                 .
              
               3.
               
               
                 Conc.
                 p.
              
               437.
               
            
             
               
                 Synod
                 .
                 Suessionens
                 .
                 in
                 princ
                 .
                 to
                 .
              
               3.
               
               
                 Conc.
                 p.
              
               ●38
               .
            
          
           
             
               
                 Conc
                 apud
                 Palatium
                 Vernis
                 in
                 princ
                 .
                 to
                 .
              
               3.
               
               
                 Con.
                 p.
              
               439.
               
            
             
               
                 Libel
                 .
                 Sacro●yl
                 .
                 in
                 Actis
                 Conc.
                 Franco●s●h
                 to
                 .
              
               3.
               
               
                 Conc.
                 p.
              
               232.
               
            
          
           
             
               Annales
               rerum
               gest●a
               ●●rolo
               Magno
               .
               sub
               ann
               .
            
             ●94
             .
          
           
             Councels
             called
             by
             the
             French
             Kings
             .
          
           
             
               
                 Concil
                 Foro.
                 juliense
                 versus
                 Princ.
                 to
              
               3.1
               
                 Conc
                 p.
              
               665.
               
               
                 Synod
                 .
                 Arelat
              
               .
               4.
               
                 sub
                 Princ.
                 to
              
               3.
               
               
                 Conc.
                 p.
              
               679.
               
            
             
               
                 Turonens
                 .
                 Synod
              
               .
               3.
               
                 in
                 Princ.
                 to
              
               3.
               
               
                 Conc.
                 p.
              
               682.
               
               
                 Concil
                 Moguntin
              
               .
               1.
               to
               .
               2.
               
               
                 Con.
                 p.
              
               630.
               
            
             
               
                 Synod
                 .
                 Rhemens
                 .
                 in
                 Princ.
                 to
                 .
              
               2.
               
               
                 Conc.
                 p.
              
               ●00
               .
            
             
               
                 Annales
                 incerti
                 authoria
                 inter
                 S●riptores
                 ●●●●aneos
                 Pith●●
              
            
             
               
                 Matth.
                 West●●●●●●
                 .
                 ●
              
               .
               1
               
                 sub
                 ann
              
               .
               813.
               
            
          
           
             
               
                 V.
                 Regino
                 in
                 Chronicis
                 ,
                 sub
                 annis
              
               770.771
               .
               772
               775.
               
               776.779.787
               .
               788.704
               .
            
             
               
                 Concil
                 .
                 ●qui
                 .
                 in
                 Princ.
                 to
                 .
              
               2.
               
               
                 Conc.
                 p.
              
               703.
               
               
                 Matth
                 Westm.
                 l
              
               1
               
                 sub
                 ann
              
               .
               870.
               
            
          
           
             
               
                 Conc.
                 Paris
                 .
                 in
                 princ
                 .
                 to
                 .
              
               3.
               
               
                 Conc.
                 p.
              
               764.
               
               
                 Epist
                 Episc.
                 ad
                 Imperat.
                 in
                 Actis
                 Concilli
                 Paris
                 .
                 to
                 .
              
               3.
               
            
             
               
                 Conc
                 p●
              
               769.
               
               
                 Concil
                 .
                 Aqui.
                 gran
                 in
                 princ
                 .
                 to
              
               3.
               
               
                 Conc.
                 p.
              
               820.
               
            
          
           
             
               
                 Concil
                 M●gunt
                 .
                 in
                 princ
                 .
                 to
                 .
              
               3.
               
               
                 Concil
                 p●
              
               832.
               
            
             
               
                 Synod
                 Aquensis
                 to
              
               .
               3
               
                 Conc.
                 p.
              
               840.
               
            
          
           
             〈◊〉
             ●●lled
             by
             ●h●
             kings
             of
             France
             
          
           
             
               Annales
               incerti
               authoris
               apud
               scriptores
               co●tancos
               Pithoei
               .
            
          
           
             
               Concil
               Valent.
               in
               princ
               to
            
             .
             3.
             
               conc
               .
               p.
            
             ●89
             .
          
           
             
               Histoire
               de
               Reins
               ●
            
             .
             2.
             c.
             5.
             
          
           
             
               Histoire
               de
               Reins
               l
            
             1.
             c.
             1.
             
          
           
             
               Conc.
               Ticin
               in
               princ
               to
            
             3.
             
             
               Conc.
               p.
            
             894.
             
          
           
             
               Conc
               Wormat.
               in
               princip
               .
               to
               .
            
             3.
             
               conc
               .
               p.
            
             977.
             
          
           
             
               
                 Annales
                 incerti
                 authoris
                 inter
                 scriptores
                 cooe●aneos
                 pithoei
                 Iean
                 le
                 Maire
                 en
                 la
              
               2
               
                 part
                 .
                 de
                 la
                 difference
                 de
                 schismes
                 .
              
            
             
               
                 Concil
                 .
                 Tribur
                 .
                 in
                 princip
                 .
                 to
              
               3.
               
                 conc
                 .
                 p.
              
               26.
               
            
          
           
             
               Iean
               le
               Marie
               au
               second
               trait●
               des
               schismes
               &
               des
               Conciles
               .
            
          
           
             
               Robertus
               de
               Monte
               in
               appendice
               ad
               Si●
               gibert
               .
               sub
               anno
            
             1140.
             
          
           
             
               Rigordus
               de
               gestis
               Philippi
               Augusti
               .
               Idem
               ibid.
               
            
          
           
             
               Coun●●l●
               called
               by
               the
               kings
               of
               England
               .
            
             
               
                 Ivo
                 Carnotensis
                 epist.
              
               28.
               
            
             
               
                 Iean
                 le
                 Maire
                 au
                 mesme
                 trait●
              
            
          
           
             
               Idem
               ibid.
            
             
          
           
             
               Idem
               ibid.
            
             
          
           
             
               Lettres
               du
               Roy
               Charles
               impr●mees
               à
               Paris
               par
               Michel
               Vas.
               cosan●
               an
            
             1560.
             
          
           
             
               
                 Arvernense
                 conc
                 in
                 princip
                 ,
                 tom
                 .
              
               2.
               
                 conc
                 .
                 Concil
                 Turon
              
               .
               2.
               ibid.
               
            
             
               
                 Concil
                 .
                 Meldense
                 tom
              
               .
               3.
               
               
                 Conc.
                 Synodas
                 apud
                 divum
                 Medatdum●
                 in
                 princ
                 .
                 tom
                 .
              
               ●
               .
               
                 Conc.
                 Synodus
                 Colon.
                 in
                 princip
                 .
                 tom
                 .
              
               3●
               
                 Conc.
                 in
                 post
                 .
                 edit
              
               .
            
             
               
                 Iean
                 le
                 Maire
                 en
                 la
              
               2.
               
                 part
                 .
                 de
                 la
                 differ
                 .
                 des
                 s●hismes
                 .
              
            
             
               
                 Idem
                 en
                 la
              
               2.
               
                 part
                 .
                 d●
                 schisme
                 .
                 Idem
                 au
                 second
                 trait●
                 des
                 schismes
                 .
              
            
             
               
                 Rigord
                 de
                 gestis
                 ●hilipp●
                 Augusti
                 .
                 Matthaeus
                 Westminst
                 .
                 t.
              
               1.
               
                 sub
                 anno
              
               905.
               
               
                 Florentius
                 W●gorniensis
                 in
                 Chronicis
                 sub
                 anno
              
               1070.
               
            
          
           
             †
             W●nchester
             .
          
           
             
               Coun●●ls
               called
               by
               the
               Kings
               of
               ●p●ine
               .
            
             
               
                 Matth.
                 Westm.
                 l.
              
               2
               
                 a●
                 ann
              
               .
               1301.
               
            
          
           
             
               
                 Guilielm
                 .
                 Malmesbur
                 .
                 de
                 gesti●
                 pontif
                 .
                 Anglor
                 .
                 l.
              
               1
               pag.
               129.
               
            
             
               
                 Poly
                 or
                 Vergil
                 .
                 Angl.
                 hist.
                 l.
              
               13.
               in
               Hen.
               2.
               
            
          
           
             
               
                 Idem
                 lib.
              
               13.
               
                 in
                 Hen.
              
               2
               pag.
               239.
               
            
             
               
                 Idem
                 .
                 lib.
              
               16
               
                 in
                 Hen.
              
               2.
               pag.
               316
            
          
           
             
               Bracarense
               Conc.
               in
               princ
               .
               Tom.
            
             2.
             
             
               Conc.
               pag
            
             823.
             
          
           
             
               
                 Bracarense
                 Conc.
              
               2.
               
                 in
                 Princ.
                 Tom.
              
               2
               
                 Conc.
                 pag.
              
               828.
               
            
             
               
                 Concil
                 .
                 ●olet
              
               .
               2.
               
                 in
                 Princ.
                 To.
              
               2.
               
               
                 Conc.
                 pag.
              
               859.
               
            
          
           
             a
             
               
                 Sigthertus
                 in
                 Chron.
                 sub
                 .
                 ann
                 .
              
               592.
               
            
             
               
                 Matth
                 Westmonast
                 .
                 l.
              
               1.
               
                 sub
                 ann
              
               .
               595.
               
               
                 Franciscus
                 Tarapha
                 de
                 regibus
                 Hisp.
                 in
                 Recharedo
                 .
              
            
          
           
             b
             
               Concil
               .
               Tolet.
            
             4
             
               in
               princ
               .
               Tom.
            
             3.
             
             
               Concil
               .
               p.
            
             67.
             
             
               Francis.
               Tarapha
               Barcinonensis
               in
               Sismando
            
             .
          
           
             c
             
               Concil
               .
               Tolet.
            
             ●
             .
             et
             .
             6.
             
               in
               princ
               .
               Tom.
            
             3.
             pag.
             7.
             80.
             et
             83.
             
             
               Tarapha
               in
               Suintilla
            
             .
          
           
             d
             
               Concil
               .
               Tolet.
            
             7.
             
               in
               princ
               .
               Tom.
            
             3.
             
             
               Concil
               .
               pag.
            
             81.
             
             
               Taraph
               .
               in
               Sindasundo
            
             .
          
           
             e
             
               Idem
               Tarapha
               in
               Ri●isundo
               Concil
               Tolet.
            
             8.
             
               in
               princ
               .
               item
            
             9.
             
               in
               princ
               .
               item
            
             10.
             
               in
               princ
               .
               Omnia
               habentur
               Tom.
            
             3.
             
             
               Concil
               .
               pag.
            
             184.
             201.
             et
             204.
             
          
           
             f
             
               Concil
               Tolet.
            
             11.
             
             Tom.
             3.
             
             
               Concil
               .
               pag.
            
             216.
             223.
             
             
               Tarapha
               in
               Bamba
            
             .
          
           
             g
             
               Concil
               Bracarense
            
             3.
             
               in
               fine
               Tom.
            
             3.
             
             
               Concil
               .
               pag.
            
             227.
             
          
           
             h
             
               Concil
               .
               Tolet.
            
             12.
             
               in
               principio
               .
               item
               Tolet.
            
             13.
             
               in
               principio
               .
               habentur
               Tom.
            
             3.
             
             
               Concil
               .
               pag.
            
             374.
             et
             383.
             
             
               Tarapha
               in
               Eringio
            
             .
          
           
             Councels
             called
             by
             the
             Kings
             of
             Spaine
             .
          
           
             
               
                 Vid.
                 annotat
                 .
                 positam
                 in
                 fine
                 Concilii
                 .
                 Tolet.
              
               13.
               
            
             
               Tom.
               3.
               
               
                 Concil
                 .
                 pag.
              
               38●
               .
            
             
               
                 Franciscu●
                 Taraphai●
                 Egyta
              
               .
            
          
           
             
               
                 Vid.
                 Concil
                 .
                 Tolet
              
               .
               3.
               
                 in
                 subscriptionibus
                 tom
              
               2.
               
               
                 Concil
                 .
                 pag.
              
               78.
               
            
             
               
                 Et
                 Tolet.
              
               8.
               
                 in
                 subscriptionibus
                 pag.
              
               194.
               
            
             
               
                 Et
                 Tolet.
              
               11.
               pag.
               223
               tom
               .
               3
               
                 Concil
                 .
                 Iohannes
                 Vaseus
                 in
                 Chron.
                 Hisp.
                 pag.
              
               446.
               
               
                 Vid.
                 Annales
                 incerti
                 authoris
                 inter
                 scriptores
                 coaetaneos
                 Pithai
                 sub
                 ann
                 .
              
               732.
               736.
               et
               793.
               
               
                 Testamentum
                 Ca●oli
                 Magni
                 apud
                 eundem
                 .
                 Aimonum
                 lib.
              
               5.
               cap.
               17.
               35.
               et
               38.
               
            
          
           
             Th●
             place
             of
             th●●ou●cell
             chosen
             ●y
             P●inces
             .
          
           
             
               Leoni●
               Papae
               epist.
            
             ●3
             .
          
           
             
               
                 V.
                 epist.
                 Leoni●
              
               24.
               
            
             
               
                 Et
                 epist
                 The●dosi●
                 ad
                 Valentin
                 ad
                 Eudoxiā
                 ,
                 ad
                 Pulcheriam
                 .
                 Item
                 epist.
                 Valentin
                 .
                 et
                 Martiani
                 ,
                 et
                 alterā
                 Martiani
                 ad
                 Leon●m
                 inter
                 ●pist
                 .
                 Praeambul
                 .
                 Synod
                 .
              
            
             
               
                 Chalced.
                 to
              
               .
               1.
               
               Concil
               .
            
             
               
                 Concil
                 .
                 Aurelianense
              
               2.
               et
               5.
               to
               .
               2.
               
               Conc.
               
            
             
               
                 Conc.
                 Matisconense
                 to
              
               .
               2.
               
               Con.
               
            
          
           
             
               
                 Niceph.
                 Eccles.
                 hist.
                 l.
              
               14.
               c.
               34.
               
               Cap.
               ●5
               .
               to
               .
               2.
               
               
                 Actor
                 .
                 Conc.
                 Ephes
              
               .
            
             
               
                 V.
                 eorum
                 epist.
                 in
              
               1
               
                 actione
                 Conc.
                 Chalced.
                 Ivo
                 Carnot●nsis
                 ep
                 .
              
               28.
               
            
          
           
             Councels
             adjourn'd
             b●
             Empe●ours
             .
          
           
             
               Leo
               Papa
               ep
            
             47
             
          
           
             
               
                 V.
                 epist.
                 Valent.
                 et
                 Marciani
                 ad
                 ad
                 Nicaenam
                 Syno●
                 .
                 inter
                 praeambu●
                 .
                 epist.
                 Con●
                 .
                 Chalced.
                 tom
                 .
              
               1.
               
               Conc.
               
            
             
               
                 Theodoret.
                 l.
              
               2.
               c
               21.
               
            
             
               
                 V.
                 libellum
                 constitutionum
                 Synodalium
                 qui
                 extat
                 in
                 to
                 .
              
               1.
               
               Conc.
               
            
             
               
                 Extat
                 haec
                 relatio
                 inter
                 Constitutiones
                 Synod
                 .
                 to
                 .
              
               1.
               
               Conc.
               
            
          
           
             
               Socr.
               l
            
             1.
             c.
             22.
             
             
               Zonaras
               to
            
             3.
             
          
           
             Wh●
             P●e●id●nis
             in
             ●he
             Ch●lc●d●n
             Co●n●●ll
             .
          
           
             
               Sleidan
               l.
            
             19.
             
               versus
               finem
            
             not
             con●●dicted
             b●
             Surius
             no●
             
               Portanus
               .
               Rove●us
               Pontanus
               lib.
            
             4.
             
               rerum
               memorabilium
               sub
               anno
            
             1547.
             pag.
             374.
             
             la●
             
               part
               .
               de
               la
               di●●er
               .
               des
               schism
               .
            
          
           
             
               Vid
               eorum
               Imp.
               epist.
               in
            
             1
             
               tom
               .
               Act
               Concil
               .
               Ephes
               cap.
            
             25.
             
             
               Extat
               eorum
               Epist.
               in
            
             1.
             
             
               Act.
               Concil
               .
               Chalc.
            
             
          
           
             
               Sozomen
               .
               lib.
            
             4.
             cap.
             15.
             
          
           
             Princes
             propos●d
             the
             matter
             of
             Councels
             .
          
           
             Actio
             4.
             
             
               Concil
               .
               Chalced.
               tom
            
             .
             1.
             
             Concil
             .
          
           
             
               Extat
               haec
               Epist
               .
               in
               fragmentis
               D.
               Hil●rii
               .
            
          
           
             
               
                 V.
                 Marti●n●
                 oration
                 .
                 in
              
               1.
               
                 act
                 .
                 Conc
                 Chalced
              
               .
            
             
               
                 Cap.
                 ult
                 to
              
               .
               1.
               
               
                 Actor
                 .
                 ●onc
                 .
                 Ephe●●n
              
               .
            
             
               Cap.
               72.
               tom
               .
               4.
               
               
                 Act.
                 Concil
                 .
                 Eph●sin
              
               .
            
          
           
             
               ●●ncil
               .
               A●relianense
               tom
            
             .
             1.
             
             
               Conc
               pag.
            
             1045.
             
          
           
             
               Concil
               .
               Matisc.
            
             2.
             tom
             .
             2●
             Conc.
             
          
           
             
               Synodus
               Francica
               tom
            
             .
             2.
             
               concil
               .
               p.
            
             456.
             
          
           
             
               V.
               Concil
               .
               Aquisgranense
               in
               princip
               .
               tom
               .
            
             2.
             
             
               Conc.
               p.
            
             638.
             
          
           
             
               Concil
               .
               Ticinen
               .
               in
               princip
               .
               tom
               .
            
             2.
             
             Concil
             .
          
           
             Pre●●dents
             proposed
             the
             matter
             of
             Councels
             .
          
           
             
               Synodus
               Parisiensan
               princip
            
             .
          
           
             
               Concil
               .
               Paris
               .
               tom
            
             .
             3.
             
             
               Conc.
               in
               noviss
               edit
            
             .
          
           
             
               Sugerius
               Abba●
               in
               vita
               Ludovice
               Crassi
               .
            
          
           
             
               Iacobus
               Meieru●
               in
               annalibu●
               verum
               Flandricor
               .
               sub
               anno
            
             1398.
             
          
           
             
               Concil
               .
               Toletanum
            
             4.
             
               in
               princ
               .
               tom
            
             .
             3.
             
             
               Concil
               .
               pag.
            
             67.
             
          
           
             
               Marsilius
               Patavinu●
               in
               defens
               .
               pac
               .
            
             2.
             
               part
               .
               cap.
            
             20.
             
          
           
             Princes
             Presidents
             in
             Councels
             .
          
           
             
               
                 Can
                 ●uturam
              
               12.
               q
               1.
               
            
             
               
                 Can.
                 Continu●
              
               .
               11.
               q.
               1.
               
            
          
           
             
               Bellarm.
               de
               Con●
               lib.
            
             1.
             cap.
             19.
             tom
             .
             1.
             
          
           
             
               Athanas
               apol
            
             .
             2
             
               Idem
               in
               ep
               .
               ad
               solitariam
               vitam
               agentes
               .
            
          
           
             
               Socr.
               l
            
             1
             c.
             22.
             
          
           
             
               Socr.
               ibid.
               Gest.
               Collation●●
               Carthag
               inter
               Cath.
               et
               Donatistas
               .
            
          
           
             Princes
             Pre●id●nts
             in
             Councels
             .
          
           
             
               Can.
               Vbinam
               .
               dist
            
             .
             96.
             
          
           
             
               
                 Zonaras
                 annal
                 .
                 tom
              
               .
               ●
               .
            
             
               
                 Nicolaus
                 Papa
              
               1.
               
                 in
                 ep
                 ad
                 Michaelem
                 Imper.
                 Cap.
              
               32.
               tom
               .
               1.
               
               
                 Actorum
                 Conc.
              
               
            
          
           
             
               Evagrius
               l.
            
             1.
             
             ●
             .
             10.
             
          
           
             Councels
             adjourned
             by
             Kings
             .
          
           
             
               V.
               Acta
               Conc.
               Chalced.
               tom
            
             .
             ●
             .
             Conc.
             
          
           
             Po●●sh
             ●●gum●n●s
             a●swe●●d
             .
          
           
             
               Conc
               Chalc●d
               Act.
            
             16
             tom
             .
             1.
             
             
               Conc.
               p
            
             938.
             
          
           
             
               Leo
               papa
               epist
            
             47
             
               ad●
               Martian
               .
               Imperat
               Idem
               ep
               .
            
             24.
             25
             26.
             
          
           
             
               Stanis●●us
               Hosiu●●●●
               adversu
               Prolegom
               .
               Brent●
               Acto
            
             2.
             
             
               Conc.
               Chalced.
            
             
          
           
             Presidents
             in
             the
             Chalcedon
             Councel
             .
          
           
             To.
             1.
             p.
             879.
             
          
           
             To
             1.
             
             
               Conc.
               pagg.
            
             879
             .
             8●0
             .
          
           
             Act.
             4●
             
               Conc.
               Chalced.
               tom
            
             .
             1.
             pagg.
             987.880
             .
          
           
             President
             of
             the
             Councel
             of
             Chalcedon
             .
          
           
             Act.
             3.
             
             
               Concil
               .
               Chalced.
               in
               .
               pr.
            
             ●0
             .
             1
             .
             
               Con
               p
            
             83●
             
          
           
             
               Bellar.
               l.
            
             1.
             
               de
               Conc.
               c.
            
             19.
             
             
               Conc.
               Chalced.
               Act.
            
             3.
             
               in
               sin
               .
               to
            
             .
             1.
             p.
             847.
             et
             545
             
               Leo
               ep
            
             .
             47.
             
             
               Con.
               Chalced.
               Act.
            
             6.
             to
             .
             1.
             
             
               Con.
               p.
            
             835
             858.889
             .
          
           
             Presidents
             of
             the
             Councel
             of
             Constant●nople
             .
          
           
             
               V
               Synod
               .
               Constantinop
               .
               sub
               Iustini
               .
               to
               .
            
             2.
             
             
               Conc.
               p.
            
             579.
             
          
           
             
               Sexta
               Synod
               .
               Cons●an
               .
               tom
               .
            
             3.
             
             
               Conc
               p.
            
             237.
             
          
           
             
               Be●t
               .
               tom
            
             .
             1.
             
             Contr.
             4.
             l.
             1.
             c.
             19.
             
          
           
             
               Zonard●
               Annal.
               to
            
             .
             3.
             
               in
               ul●a
               Cons●a●●i●
            
             4.
             
          
           
             Who
             presiden●
             in
             the
             Councel
             of
             Constantinople
             .
          
           
             
               Lambertus
               Schasnaburgensis
               De
               rebus
               Germanicis
               .
               p.
            
             151.
             
          
           
             Act.
             2.4
             .
             5.
             9.
             11.12
             
               et
               aliis
            
             .
          
           
             
               Bellarm.
               de
               Concil
               .
               l.
            
             1.
             c.
             19.
             
          
           
             
               Sexta
               Synod
               .
               in
               Trullo
               .
               in
               praesat
               .
               apud
               Balsamon
               .
               p.
            
             192.
             
          
           
             
               Balsam
               in
               Comment
               .
               ad
            
             6.
             
             
               Synod
               in
               Trullo
               circa
               princip
            
             .
          
           
             Emperours
             presidents
             in
             Councels
             .
          
           
             
               
                 Gest.
                 Collationis
                 Carthag
                 .
                 habit●
                 Honor●●●ussi●
                 ,
                 inter
                 Cat●●licos
                 et
                 Donatist
                 .
                 Lambe●tus
                 Scha●naburg
                 .
                 de
                 rebus
                 Germ.
                 sub
                 ann
              
               963.
               
            
             
               
                 Adde
                 Reginon
                 ,
                 in
                 Chron
                 sub
                 .
                 ann
                 .
              
               963.
               
            
          
           
             
               Con.
               Trid.
               ss
            
             .
             25.
             cap.
             22.
             
          
           
             
               Conc.
               Trid.
               Sess.
            
             25
             c
             21.
             
               de
               recipiendis
               decretis
            
             .
          
           
             Who
             Pr●si●●●
             of
             the
             Nicene
             Coun●ell
             
          
           
             
               Conc.
               Sardicens
               .
               ad
               sin
            
             .
          
           
             
               Athanas.
               in
               ep
               .
               ad
               solitariam
               vitam
               agentes
               .
            
          
           
             
               Zonar
               .
               to
            
             .
             3.
             annal
             .
          
           
             The
             Pope
             not
             President
             in
             the
             second
             General
             .
          
           
             
               Theod.
               l.
            
             5.
             c.
             8.
             
             
               Zona
               .
               to
            
             .
             3.
             annal
             .
          
           
             
               Extat
               in
               Act.
               Conc.
               Constan.
               to
               .
            
             1.
             
             
               Con.
               p.
            
             407.
             
          
           
             
               Bellar.
               l.
            
             1.
             
               de
               Conc.
               c.
            
             19.
             
          
           
             
               Zonar
               .
               tom
            
             .
             3.
             
               annal
               .
               p.
            
             90.
             
          
           
             Presidents
             of
             the
             Councell
             of
             Ephesus
             .
          
           
             
               V.
               to
            
             .
             1.
             
             
               Act.
               Conc.
               Eph.
               c.
            
             16.
             
          
           
             
               Act.
               Conc.
               Eph.
               ●o
            
             .
             ●
             .
             c.
             17.
             
          
           
             
               A●tor
               .
               Conc.
               Ephes.
               to
            
             .
             2.
             
          
           
             
               Photius
               in
               lib.
               de
               septem
               .
               Synodis
               .
            
          
           
             Princep
             Concili●
             what
             it
             meanes
             .
          
           
             
               Libellus
               ita
               inscriptus
               ,
               Sanctorum
               &
               venerabilium
               conciliorum
               ex
               habitabili
               orbe
               convocat●rum
               explanatio
               .
               Excusa
               Parisits
               apud
               Martin●●
               Iuvenem
               ann
               .
            
             1553.
             
          
           
             
               Zonaras
               .
               ●o
            
             .
             3●
             p
             30.
             
          
           
             Pre●idens
             in
             the
             6
             Generall
             Counsel
             .
          
           
             
               Iustinian
               .
               in
               ep
               .
               ad
               Episc.
               Syn
               Const.
            
             5
             
               in
               Act.
               Concil
               .
               Constant.
               to
               .
            
             2.
             
               ●onc
               p.
            
             496
             
               Ibid
               p.
            
             500.
             
          
           
             
               Sexta
               Syn.
               Const
               in
               princip
               to
               .
            
             2.
             
             
               Con●
               .
               p.
            
             282.
             
          
           
             Presidents
             in
             the
             ●ight
             General
             Councels
             .
          
           
             
               Zonar
               .
               tom
            
             .
             3.
             
               in
               Constantino
               &
               Irene
            
             .
          
           
             
               Cap.
               Si
               diligent●
               .
               Extra
               de
               foro
               Compet
               .
            
          
           
             
               Ca●
               .
               Vhinam
               .
               Dist.
            
             96.
             
          
           
             
               Vid.
               Conc.
               Lateranense
               ultimum
               sub
               Leone
            
             10.
             
          
           
             Kings
             of
             France
             Presid●nts
             in
             Councels
             .
          
           
             a
             
               Apud
               authorem
               De
               vita
               Caroli
               Magni
               Et
               Annales
               incerti
               author
               .
               inter
               scriptores
               co●e●ancos
               Pit●●rt
               .
            
          
           
             b
             
               Apud
               eundem
               auth
               .
               De
               vita
               Caroli
               Magni
               .
            
          
           
             c
             
               Regino
               sub
               ●nnis
            
             77●
             .
             771
             .
             772.775.776
             .
             779.
             
          
           
             d
             
               Synod
               .
               Francofurt
               .
               in
               epist.
               ad
               ●raesules
               Hispan
               tom
               .
            
             2.
             
             
               Con●
               p
            
             655.
             
          
           
             e
             
               Synod
               Francofurt
               .
               in
               libello
               Sacrosyllabo
               .
               to
               .
            
             2.
             
             
               Con
               p.
            
             640
             
          
           
             
               Con●
               .
               Aquisgr
            
             .
             1.
             
               in
               princip
               .
               to
            
             .
             2.
             
             
               Conc.
               p.
            
             638.
             et
             639.
             
          
           
             
               Annales
               incerti
               author
               .
               inter
               scriptores
               cooetancos
               Pithoe●
               .
            
          
           
             French
             Kings
             Presidents
             .
          
           
             
               Conc.
               in
               loco
               qui
               dicitur
               Pisti●
               .
               to
               .
            
             3.
             
             
               Con.
               p.
            
             900
             
          
           
             
               Conc.
               Triburiense
               to●
            
             4.
             
             
               Conc.
               p.
            
             26.
             
          
           
             
               Rigordus
               in
               lib.
               de
               gestis
               Philippi
               August
               sub
               ann
               .
            
             1184.
             
          
           
             
               Iean
               le
               Maire
               ●
               en
               la
            
             2.
             
             
               Partie
               des
               schismes
            
             .
          
           
             
               Idem
               ibid.
            
             
          
           
             
               
                 Constitutio
                 Caroli
              
               6
               
                 quam
                 alii
                 Arrestum
                 Curiae
                 Parliamenti
                 appellant
                 .
              
            
             
               
                 Extat
                 in
                 libello
                 de
                 statu
                 Eccles.
                 Gallic
                 .
                 in
                 schismate
                 p.
              
               4.
               
            
             
               
                 Et
                 inter
                 Regias
                 Constitutiones
                 .
                 Et
                 in
                 Catalogo
                 testium
                 veritatis
                 .
                 p.
              
               472.
               
            
          
           
             Ki●gs
             of
             England
             Presid●n●s
             .
          
           
             
               
                 Iean
                 le
                 Maire
                 en
                 la
              
               2.
               
                 partie
                 de●
                 schismes
                 .
                 Matth.
                 Westmonast
                 .
                 l.
              
               2.
               
                 sub
                 ann
              
               .
               1073.
               
            
          
           
             †
             
               Win●hester
               .
               
                 Florentius
                 Wigorniensis
                 sub
                 ann
              
               .
               1070.
               
            
             
               
                 Matth.
                 West
                 .
                 ●
              
               .
               2.
               
                 sub
                 .
                 ann
              
               .
               1107.
               
            
             
               
                 Wilhelm
                 Malmesb
                 .
                 de
                 gestis
                 pontis
                 .
                 Anglor
                 .
                 p.
              
               129●6
            
          
           
             
               Demetrius
               Comatenus
               Ar●chiepisc
               .
               Bulga●iae
               in
               respons
               .
               ad
               Constantinum
               Ar●hiepiscopum
               Dirrachii
               .
               To.
            
             1.
             
             
               Iuris
               Gr●co-romani
               p.
            
             1317.
             
          
           
             Confirmation
             of
             Counsels
             ascribed
             to
             the
             Pop●
             .
          
           
             
               Bella●m
               to
            
             1.
             cont●overs
             .
             4.
             lib.
             2.
             c.
             17.
             arg
             .
             5.
             
          
           
             
               Theod.
               l.
            
             1.
             c.
             9.
             
             
               Marius
               Victor●
               l.
            
             2
             
               contr
               .
               Art.
            
             
          
           
             C●●●●●ls
             ●pp●ov●d
             by
             C●u●●●ls
             .
          
           
             
               The●●
               l.
            
             ●
             .
             c.
             8.
             
             
               Et
               ●●●●ment
               .
               D●i●●lar●●
               .
               Th●●●oret
               .
            
          
           
             a
             
               In
               pro●●●tio
               C●n●
               G●ngrensis
               to
            
             .
             1
             
               Con●
               .
               p.
            
             607.
             
          
           
             b
             
               In
               ges●is
               Conc.
               A
               〈…〉
               p●in●ip
               .
               tom
               .
            
             1.
             
               ●●n●
               p.
            
             7●●
             .
          
           
             c
             
               In
               ●●●tis
               ●o●c
               .
               〈◊〉
               to
               .
            
             2.
             
             Co●●
             .
          
           
             d
             
               In
               g●●tis
               Con.
               〈◊〉
               to
            
             .
             1.
             
             〈◊〉
             .
          
           
             e
             〈◊〉
             .
             ●
             
               Syri●i●
               P●p●●
               〈…〉
               res●r●p●
               .
               ●●isc
               .
               Sy●●d
               .
               T●ll●ns
               .
               qu●
               ex●●nt
               in
               Act
               eju●dem
               .
               Syn●d
               .
               to
               .
            
             1.
             
             
               Con.
               p.
            
             745.
             
          
           
             f
             
               
                 Theo●
                 .
                 l.
              
               2.
               c.
               22
               
                 C●nc
                 .
                 ●●rel●ten
              
               1.
               
                 to
                 .
                 C●n●
                 .
                 p.
              
               ●●●
               .
            
             
               
                 Pr●sper
                 in
                 ●hro
                 .
                 ann
              
               .
               420.
               
            
          
           
             l●
             
               a●versus
               A●ri●n
            
             .
          
           
             
               Con●
               .
               ●a●thag
            
             .
             ●
             .
             l.
             1
             
               Conc.
               p.
            
             749.
             
          
           
             
               In
               princip
               .
               Con.
               Constant
            
             2.
             l.
             2.
             
             
               Con●il
               .
               p.
            
             669.
             
          
           
             
               In
               prin●ip
               .
               Conc.
            
             1.
             
             
               T●letan●
               to
            
             .
             1.
             
             
               Conc.
               Athanas.
               apol
            
             2
             
          
           
             
               In
               princip
               .
               Con●
               Rom.
            
             1.
             to
             .
             1.
             
             Co●●●
             .
             543.
             
          
           
             
               Con●
               R●m
            
             .
             3.
             
               in
               prin●
               .
               to
            
             2.
             
             Con●●
             412.
             
          
           
             Councels
             confirmed
             by
             Emperours
             .
          
           
             
               Can.
               Sancta●
               Dist.
            
             16.
             
          
           
             
               V.
               ●artic
            
             .
             2.
             
               des
               libertes
               de
               ●egglis
               Gallic
            
             .
          
           
             
               Theod.
               l.
            
             2.
             c.
             22.
             
          
           
             
               Sozomen
               .
               l.
            
             2.
             c.
             27.
             
          
           
             
               Extat
               haec
               Epist
               .
               in
               libello
               ●ynodat
               .
               Consti●
               .
            
          
           
             
               V.
               Conc.
               Chalc.
               Act.
            
             1.
             
             &
             3.
             to
             .
             2.
             
             Conc.
             
          
           
             Epist.
             23.
             
               ad
               Theodosium
               Impera●
            
             .
          
           
             Counc●ls
             confi●med
             by
             Empe●ou●s
             .
          
           
             
               Idem
               in
               cadem
               epist.
               ubi
               de
               cadem
               ●yn●d
               .
               Ephes
            
             2.
             
             
               Vt.
               etiam
               epist.
            
             24.
             
               ad
               P●●●her
               .
               Augu●●am
               .
               ●eo
               Epist.
            
             58.
             
          
           
             
               ●ozom
               .
               l.
            
             4
             c.
             16.
             
          
           
             
               ●elatio
               Synodi
               Ephesinae
               quae
               extat
               to
               .
            
             1.
             
             Conc.
             
          
           
             
               Theod.
               l.
            
             5.
             c.
             8.
             
          
           
             Act.
             3.
             
             
               Concil
               .
               Chalced
               to
            
             .
             1.
             
             Concil
             .
          
           
             
               Conc.
               Aurelian
            
             .
             ●
             .
             to
             .
             ●
             .
             
               Conc.
               pa.
            
             510.
             
          
           
             
               Conc.
               Arelat
            
             .
             4.
             
             To.
             3.
             
             
               Concil
               .
               p.
            
             679.
             
          
           
             
               ●oncil
               .
               Turon
            
             .
             ●
             ●o
             3.
             
             
               Conc.
               pag.
            
             682.
             
          
           
             Emper●u●●s
             ●nd
             Kings
             confirme
             Councels
             .
          
           
             
               Conc
               Cabillonens
               in
               prin
               .
               To.
            
             3.
             
             
               Conc
               pa.
            
             686.
             
          
           
             
               Concil
               .
               ●ogunt
            
             .
             1
             To.
             ●
             .
             
               Conc.
               in
               prae●at
               p.
            
             694.
             
             
               Synod
               M●gunt
            
             .
             2●
             
               in
               fin
               .
               To.
            
             ●
             .
             
               Concil
               .
               p
            
             838.
             
          
           
             
               Annales
               incerti
               author
               .
               ●pud
               scriptores
               cooetaneos
               Pithoei
               .
            
          
           
             
               Histoire
               de
               Rheins
               l.
            
             3.
             c.
             9.
             
          
           
             
               Conc.
               Aquisgr
               .
               in
               sine
               to
               .
            
             3.
             
               concil
               .
               p.
            
             864.
             
          
        
         
           Notes for div A10389-e111310
           
             Tren●
             C●●●c●l
             ●i●●s
             Popes
             ●uthori●y
             ●bove
             Co●●●●l●
             .
          
           
             
               S●ss
               .
               ul●
               .
               c.
            
             5.
             
          
           
             
               Sess.
               ult
               .
               c.
               ult
            
             .
          
           
             
               S●ss
               ult
               ●
            
             .
             2.
             
          
           
             Popes
             have
             no
             right
             to
             transfer
             Counc●ls
             .
          
           
             ●ess●o
             9.
             
          
           
             Iulius
             the
             ●hi●d●
             Bull
             pu●
             〈◊〉
             ●he
             end
             of
             the
             te●th
             Session
             .
          
           
             Eugenius
             paralleld
             vvith
             Trent-Popes
             .
          
           
             Councell
             of
             B●●●
             above
             the
             P●●●s
             autho●●●y
             .
          
           
             Sess
             17.
             
             
               Conc.
               Basil.
            
             
          
           
             
               Vid.
               Responsionem
               da●am
               Epis●
               po
               Al●●and
               .
               N●nc●o
               Collegi●
               Cardina●●●●●
               Roma
               ex●slentis
               ●
               Card●●●libus
               Conci
               ium
               Pisanum
               indicentibus
               ,
               apud
               Acta
               C●ncilii
               Pisani
            
             2.
             
          
           
             Eugenio●
             .
          
           
             
               Ai●oniu●
               lib.
            
             5.
             
          
           
             Trent
             Councel
             subject
             themselves
             to
             the
             Pope
             unjustly
             .
          
           
             
               Con●il
               .
               Constan●ien
               .
               Sess.
            
             39.
             
          
           
             ●ib
             3.
             
             Cap.
             14.
             
          
           
             P●ovinciall
             ●ynods
             not
             subj●cts
             to
             th●
             Pop●
             .
          
           
             
               Annal●●
               in●erti
               auth●●
               〈◊〉
               script●res
               cooetin●●s
               〈…〉
               Avertin●●
               l.
            
             4.
             
               ●●st
               .
               〈◊〉
            
             .
          
           
             
               Onuphrius
               Panu●nus
               in
               addit
               .
               ad
               Pl●●inam
               .
               l●
               〈◊〉
            
             4.
             
          
           
             
               〈…〉
               Basil
               Sess
            
             2.
             
          
           
             Popes
             elected
             by
             Councels
             .
          
           
             
               Onuphrius
               Panuinus
               in
               Pio
            
             4.
             
               in
               addition
               .
               ad
               Platinam
            
             .
          
           
             P●●●
             .
          
           
             
               In
               capit
               .
               licet
               .
               De
               electione
               .
               disput
               .
            
             2.
             
          
           
             Popes
             elected
             by
             Councels
             .
          
           
             The
             Pope
             is
             not
             the
             Chu●ch
             
          
           
             
               Bellar.
               l.
            
             2.
             
               de
               Concil
               .
               author
               .
               C.
            
             17.
             
          
           
             
               Bellar●
               l
            
             2.
             
             
               De
               Concil
               .
               ●uthor
               .
               〈◊〉
            
             19●
             
          
           
             
               Pope
               Gregory
               confess●th
               himself
               inf●●●o●
               to
               Councels
               .
            
          
           
             
               Archia●iaconus
               in
               Ca.
               Praecipne
            
             11
             ●
             .
             3.
             
          
           
             
               Gl●s
               in
               Canon
               N●●●
            
             9
             q.
             3.
             
             
               In●u●●a
               al●a
               in
               C●●
               .
               St
               papa
               .
               dis●●n●
               .
            
             41.
             
          
           
             
               G●e●
               l.
            
             4.
             
             
               Regis●●●
               ep
            
             .
             92.
             
          
           
             
               Canon
               Praecip●e
            
             11
             l.
             3.
             
          
           
             
               G●eg
               Magnus
               .
               ibid
            
          
           
             Po●●s
             c●nfesse
             themselves
             inferiour
             to
             Councels
             .
          
           
             
               Damas.
               apud
               Ambros.
               ep
            
             .
             79.
             
          
           
             
               Balsamo
               .
               in
               Can.
            
             6.
             et
             7.
             
             
               Synod
               .
               Nicen.
            
             
          
           
             Provinciall
             Councels
             above
             the
             Pope
             .
          
           
             
               B●lsamo
               in
            
             6.
             
             &
             7
             
               Can
               Concilii
               Nicaeni
            
             .
          
           
             
               V.
               Conc.
               Romanu●
               sub
               Hilario
               .
               to
               .
            
             2.
             
             
               Et
               Can.
               Quod
               quis
            
             .
             35.
             q.
             9.
             
          
           
             
               V.
               dictum
               Conc.
               Can.
            
             4.
             
          
           
             A●moniv●l
             .
             5.
             c.
             37.
             
          
           
             
               Can.
               Confidi●u●
            
             25
             q
             1.
             
             
               Epist.
               Gelas●i
               Papae
               ad
               Episc.
               Dardan
               .
               to
               .
            
             1.
             
             Conc.
             
          
           
             
               Can
               si●ut
               .
               dist
            
             .
             15.
             
          
           
             Ie●●●s
             esteem
             o●
             the
             Pope
             .
          
           
             
               Can
               Legimus
               .
               §
               Si
               authoritas
               .
               dist
               .
            
             93.
             
          
           
             
               Can
               Haec
               est
               ●ides
            
             .
             24.
             q.
             1.
             
          
           
             
               V
               Novam
               Decreti
               ed●●
               authoritate
               Gregorii
            
             13.
             
               expurgat
               .
               in
               d.
               Can.
               Haec
               est
               fides
               .
            
             24.
             q.
             1.
             
          
           
             Popes
             faith
             sent
             to
             others
             to
             ●pprove
             .
          
           
             
               Epist.
               Liberii
               Papae
               ad
               Athanasium
            
             .
          
           
             
               
                 Can.
                 Si
                 duo
                 .
                 dist
              
               .
               79.
               
            
             
               
                 Can.
                 Si
                 papa
                 .
                 dist
              
               .
               40.
               
            
             
               
                 Glos
                 in
                 dist
                 .
                 Si
                 Papa
                 .
              
            
          
           
             Councels
             and
             Emperours
             d●pose
             Popes
             .
          
           
             Nicholaus
             1.
             
               epist.
               ad
               Imperat
               .
               M●●h
               .
               Bellarm
               l.
            
             2.
             
               de
               authorit
               .
               Conc.
               c.
            
             19.
             
          
           
             Synod
             .
             6.
             
             
               Constant
               .
               Act.
            
             13.
             
          
           
             
               Gloss.
               in
               Can.
            
             Si
             
               Papa
               .
               dist
            
             .
             40
             
          
           
             
               Platina
               in
               vita
               Ioan.
            
             13.
             
          
           
             
               Luitprandus
               de
               rebus
               per
               Europam
               ges●is
               l
            
             6.
             
             ●
             .
             6
             
               &
               seq
            
             .
          
           
             
               M
               Adamus
               in
               hist.
               eccles
               .
               c.
            
             55
             
          
           
             Otho
             Emperour
             deposeth
             and
             electeth
             Popes
             .
          
           
             
               
                 V.
                 E●●am
                 Anton
                 .
                 de
                 Ro●elli●
                 in
                 cap.
                 Contraria
                 p.
              
               14.
               
            
             
               
                 The●d●i●us
                 à
                 N●hem
                 l.
              
               ●
               
                 de
                 schism
                 .
                 c.
              
               9.
               
            
          
           
             
               Id●m
               lib
            
             3.
             c.
             10
             
          
           
             
               Idem
               lib.
            
             5.
             
             ●
             .
             1●
             
          
           
             
               Platina
               in
               vita
               Ben●
               l
            
             9
             ●ylve●tr
             3
             
               &
               Cle●
            
             .
             2.
             
          
           
             Pop●s
             in
             fact
             have
             yeelded
             to
             Councels
             .
          
           
             
               
                 AEnaeas
                 Sylvius
                 epist.
              
               25.
               
            
             
               
                 Can.
                 Nos
                 Si
                 incompetenter
              
               .
               2
               q.
               7.
               
            
          
           
             Pope
             Leo
             judgd
             and
             cast
             at
             Chalcedon
             .
          
           
             
               Conc.
               Chalced.
               Act.
            
             16.
             
          
           
             
               Epist
               Leoni●
            
             57.58.59
             et
             60
             
          
           
             
               
                 Leo
                 Papa
                 epis●
              
               .
               61.
               
            
             
               
                 Evag●ius
                 l.
              
               2.
               c.
               13.
               
            
             
               
                 Conc.
                 Chalce●
                 .
                 in
                 allocutione
                 ad
                 Mariam
                 ad
                 finem
                 .
              
            
          
           
             Decisions
             of
             Popes
             judged
             by
             others
             .
          
           
             
               Sozomen
               .
               l.
            
             4.
             c.
             10.
             et
             14.
             
          
           
             l●●
             .
             c.
             19.
             
          
           
             
               Augustin
               .
               ep
            
             .
             162.
             
          
           
             
               Bellar.
               l.
            
             2.
             
               de
               Conc.
               author
               .
               c.
            
             19.
             
          
           
             Appeals
             by
             Emperours
             ,
             Duk●s
             ,
             Fryars
             ,
             &c.
             
          
           
             
               
                 German
                 .
                 Chron.
                 l●
              
               24
               p.
               227.
               
            
             
               
                 Vide
                 etiam
                 Albertum
                 Argentin●ns
                 .
                 in
                 C●ronic
                 .
                 p.
              
               123.
               
            
          
           
             
               
                 Nau●ler
                 generat
              
               4●
               .
            
             
               
                 Adde
                 Albericum
                 de
                 Rosate
                 in
                 l
                 Bene
                 à
                 Zenone
                 C.
                 de
                 quad●●en
                 .
                 praescrip
                 .
                 Et
                 Avent●n
                 .
                 l.
              
               7.
               
                 annal
                 Boiorum
              
            
             
               
                 Paulus
                 Langiu●
                 in
                 Chron.
                 Citizensi
                 sub
                 ann
                 .
              
               1328.
               
            
          
           
             A●p●●ls
             t●
             in
             the
             Po●●
             m●●●
             by
             th●
             F●●●c●
             :
          
           
             
               A●n●eas
               Sylviu●
               epist.
            
             14.
             
          
           
             
               
                 Platina
                 in
                 Boni●
              
               .
               8.
               
            
             
               
                 V.
                 les
                 libertez
                 .
                 de
                 l'Eglise
                 Gal●●cane
                 ,
                 versus
                 ●●n
                 .
              
            
          
           
             
               
                 Iean
                 l●
                 Maire
                 en
                 la
                 ●
                 part
                 .
                 des
                 schi●mes
                 .
                 Robert.
                 Gaguin
                 lib.
              
               10.
               
                 in
                 Ludovico
              
               11
            
             
               
                 Du
                 T●llet
                 en
                 son
                 advi●
                 sur
                 les
                 libertez
                 de
                 l'Eglise
                 G●llicane
                 .
              
            
          
           
             
               App●llatio
               Vnive●sitatis
               Parisiens
               .
               quam
               vide
               in
               ●●sci●●lo
               rerum
               ex●●●endarum
            
          
           
             Appeales
             to
             Councels
             ●gainst
             the
             Pope
             .
          
           
             
               
                 Ludovicus
                 Romanus
                 Cons.
              
               321.
               
            
             
               
                 Abbas
                 Siculus
                 in
                 allegationibus
                 quae
                 incip●●ant
                 Quoniam
                 ve●●a●
                 in
              
               10.
               
                 r●tione
                 .
                 Et
                 in
                 disputat
                 quae
                 in●ipit
                 .
                 Episco
                 put
                 .
              
            
             
               
                 〈◊〉
                 Recueil
                 des
                 ●il
                 ert●s
                 de
                 l'
                 Eglise
                 Gallicane
                 v●●s●s
                 fin
                 .
                 Sozomen
                 lib.
              
               3.
               ●ap
               .
               ●
               .
            
          
           
             
               Sozomen
               ubi
               supra
            
             :
          
           
             P●●●●nded
             appeals
             to
             Popes●
             answerd
             .
          
           
             
               Act
               1.
               
               
                 Concil
                 .
                 Chalced.
              
               
            
             
               
                 Evagrius
                 l
              
               2.
               c.
               2
               Action
               .
               3.
               
               
                 Conc.
                 Chalc.
              
               
            
          
           
             
               Act.
               1.
               
                 ejusdem
                 Concil
              
               .
            
             
               Nicolau●
               1.
               
                 in
                 epist.
                 ad
                 Michaelem
                 Imperat
              
               .
            
          
           
             
               Sozomen
               .
               lib.
            
             8.
             cap.
             26.
             
          
           
             The
             case
             desided
             by
             Councels
             .
          
           
             
               Platina
               in
               vita
               Alexandri
            
             .
             5.
             
          
           
             
               Nau●ler
               to
            
             .
             2.
             
             Generat
             .
             47.
             
          
           
             
               Conc.
               Constan.
               Sess
            
             4.
             et
             5.
             
          
           
             Counc●ls
             by
             their
             Decrees
             above
             Popes
             .
          
           
             Th●
             Counc●ll
             of
             Pis●
             ag●inst
             th●
             Pope
             .
          
           
             
               Pl●t●na
               in
               Alex●n●r
            
             .
             5.
             
          
           
             
               N●●●l
               ●us
               tom
            
             .
             2
             G●●erat●7
             ●7
             .
          
           
             
               〈…〉
            
             
               
                 〈…〉
                 Sess.
                 ●●●
              
            
          
           
             
               〈◊〉
               B●sil
               .
               ●●ss
            
             .
             ●
             .
          
           
             
               Extat
               post
               ult
               .
               Session
               .
               ●on●il
               .
               Basilie●sis
               .
            
          
           
             Authors
             for
             Councels
             superiority
             .
          
           
             a
             
               Petrus
               de
               Alliaco
               in
               tract
               .
               de
               potestate
               Ecclesiae
               .
            
          
           
             b
             
               Nicholaus
               Cusanus
               lib.
            
             2.
             
               de
               concord
               .
               Cathol
               .
               cap.
               ult
               .
            
          
           
             c
             
               Cardinalis
               Florentin
               .
               in
               repetit
               .
               cap.
               licet
               de
               election
               .
            
          
           
             d
             
               Episcopus
               Gadicensi●
               in
               allegation
               .
               contra
               Eugenium
               .
            
          
           
             e
             
               Panormitanus
               de
               Concilio
               Basiliensi
               .
               in
               disputatione
               Episcopus
               .
               in
               cap.
               significasti
               de
               electionib
               .
            
          
           
             f
             
               Ioannes
               Gerson
               in
               tract
               .
               de
               potestate
               Ecclesiae
               .
               con●id
               .
            
             4
             ,
             8
             ,
             10
             ,
             12.
             
             
               In
               sermon●
               pro
               viagio
               Regis
               Romani
               .
               in
               Tractat.
               de
               au●eri●ilitat
               .
               Pap.
               
            
          
           
             g
             
               Iacobu●
               Almain
               magister
               Parisiens
               .
               adversus
               Thomam
               de
               Vio
               Cajetano
               .
            
          
           
             h
             
               Guilielmus
               Okkam●●
            
             6.
             lib.
             1.
             part
             .
          
           
             i
             
               Marsilius
               Patavin●●
               in
               defens
               .
               paci●
               .
               part
               .
            
             2.
             cap.
             21.
             
             &
             24.
             
          
           
             k
             
               Hermannus
               Monachus
               in
               lib.
               de
               potestate
               Papae
               &
               Concilii
               .
            
          
           
             l
             
               Iacobus
               de
               Paradiso
               in
               lib.
               de
               septem
               statib●●
               Ecclesiae
               .
            
          
           
             m
             
               Ioannes
               de
               Parisiis
               in
               tract
               .
               de
               potestate
               Regali
               &
               Papali
               cap.
            
             21.
             
               in
               fine
            
             .
          
           
             n
             
               Immol●
               in
               cap.
               Cum
               in●erior
               .
               De
               majoritate
               &
               obedientia
               .
               Et
               in
               cap.
               Quant●
               .
               De
               translatione
               Praelatorum
            
          
           
             o
             
               Ludovicus
               Romanus
               cons.
            
             181.
             
             &
             421.
             
             
               Et
               in
               tribus
               ultimis
               Conci●iis
            
             .
          
           
             p
             
               Grego●ius
               Heimburgensis
               in
               Schedulis
               appellationum
               pro
               se
               &
               pro
               Sigismundo
               Austriae
               Duce
               .
               Et
               in
               confutatione
               primat●s
               Pap.
               
            
          
           
             q
             
               Guilielmus
               de
               Montserrat●
               in
               Commentar
               .
               supra
               Pragm●t
               .
               Sanction
               .
               part
               .
            
             1.
             
          
           
             r
             
               Vincentius
               in
               allegationibus
               cap.
            
             13.
             
          
           
             The
             Vniversity
             of
             Colons
             opinion
             .
          
           
             The
             Vniversity
             of
             E●fords
             opinion
             .
          
           
             Councels
             urged
             to
             prove
             the
             Pope
             infe●iour
             to
             Councels
             .
          
           
             Councels
             of
             Constance
             and
             B●sil
             app●ov●d
             by
             Pr●nc●s
             .
          
           
             
               Platina
               in
               vita
               Ioannis
            
             .
          
           
             
               AEnea●
               Sylviu●
               lib.
            
             1.
             
               de
               gestis
               Concil
               .
               Basil.
            
             
          
           
             ●he
             Prag●atique
             ●●●ction
             yet
             in
             fo●●●
             .
          
           
             
               V.
               Pragmatic
               .
               Sanct.
               in
               prooem●o
               .
            
          
           
             
               
                 V.
                 Nicolaun
                 de
                 Clemangiis
                 in
                 ●as●iculo
                 ●erum
                 exp●●end
                 .
              
            
             
               
                 Cons●i●utio
                 Ludo●i●●
              
               12.
               ann
               .
               1499.
               art
               .
               1.
               
                 quam
                 vi●e
                 in
                 tit
                 D●s
                 Pragmat●
                 S●nction
                 .
                 in
                 〈◊〉
                 Constitut
                 .
              
            
             
               Franciscus
               1.
               
                 in
                 Constitut.
                 ●a●ta
                 super
                 B●ll●●●●onis
              
               10
               
                 de
                 Valore
                 Benesi●iorum
              
               .
            
          
           
             Councels
             of
             Constance
             and
             Basil
             decree
             Councels
             to
             be
             above
             Ppes
             .
          
           
             
               Platinain
               Eugenio
            
             4.
             
          
           
             The
             Councel
             of
             Constance
             asserted
             against
             the
             Pope
             .
          
           
             
               Pl●tina
               in
               Gr●gorio
            
             12.
             
          
           
             
               Plati●●
               in
               Al●xan
            
             .
             ●
             .
          
           
             
               B●ll●rmin
               .
               l
            
             2.
             
               de
               Con●
               .
               au●hor
               .
               cap.
            
             19
             
          
           
             
               Pla●ina
               in
               Ioanne
            
             24.
             
          
           
             
               Con●
               .
               Constanc
               .
               Sess.
            
             4.
             
          
           
             
               Conc.
               Constant.
               Sess.
            
             11.
             
          
           
             The
             Councel
             of
             Constance
             confi●med
             by
             the
             Pope
             .
          
           
             
               Conc.
               Cons●ant
               .
               Session●
            
             4.
             et
             5.
             
          
           
             
               Conc.
               Basil.
               Session
            
             .
             2.
             et
             .
             3.
             
          
           
             Councel
             of
             Ba●il
             approved
             by
             Eugenius
             .
          
           
             
               Concil
               .
               Const.
               Sess.
            
             39.
             
          
           
             
               Conc
               Basil.
               Sess.
            
             1.
             
          
           
             
               Conc.
               Cons●ant
               .
               Sess.
            
             39.
             
          
           
             
               Concil
               .
               Basil.
               Sess.
            
             ●
             .
             17.18
             .
             &
             39.
             
          
           
             
               Co●cil
               .
               Basil.
               Sess●
            
             1.
             
          
           
             Concil
             .
             Basil
             Sess
             16.
             
          
           
             
               Nau●ler
               gen●●at
            
             .
             48.
             
          
           
             
               Concil
               .
               B●sil
               .
               Sess.
            
             17.
             
             &
             18
             
          
           
             
               Ibid
               Sess
            
             16.
             
             &
             17.
             
          
           
             The
             Councel
             of
             B●sil
             approved
             by
             Popes
             .
          
           
             
               Extat
               in
               Actis
               Concilii
               Basil.
               post
               ultimam
               Sessionem
               .
            
          
           
             
               Bellar
               l.
            
             3
             
               d●
               Ecclesia
               militante
               .
               cap.
            
             19.
             
          
           
             
               V.
               principium
               Concilii
               Flo●entini
            
             .
          
           
             
               Nicholaus
               de
               Clemangiis
            
             .
          
           
             The
             Councell
             of
             Basil
             approved
             .
          
           
             
               
                 Vid.
                 Naucler
                 .
                 generat
              
               .
               ●8●
               
                 AEnaeam
                 Sylvium
                 in
                 ●onc
                 .
                 Basil.
                 
              
            
             
               
                 Et
                 Panor●●
                 in
                 tract
                 .
                 de
                 Con●
                 .
                 Bas●l
                 .
              
            
          
           
             *
             
               
                 ●is●ioulus
                 temporum
                 in
                 Imp●●●●
                 .
                 Frederic
                 .
              
               ●
               .
               
                 sub
                 ann
              
               .
               143●
               .
            
             
               
                 Nav●l●rus
                 ●enera●●
                 .
                 P●●lu●●angius
                 in
                 ●hronic
                 .
                 〈◊〉
                 sub
                 ann●
              
               1●●1
               .
            
             
               
                 Bergon●ensis
                 l.
              
               15.
               
                 sup●lementi
                 sub
                 ann
              
               1438.
               
            
          
           
             
               Onuphrius
               Panu●nus
               .
               ad
               Platinam
               in
               Iulio
            
             2.
             
          
           
             The
             occasion
             of
             ●he
             Pisa●
             Counc●l
             .
          
           
             Pope
             Iulius
             his
             oath
             ,
             and
             pe●jury
             .
          
           
             †
             Litle
             stones
             whi●h
             Electours
             〈◊〉
             giving
             o●
             voices
             .
          
           
             Iulius
             the
             2.
             his
             demanour
             .
          
           
             
               Onuphrius
               in
               Iulio
            
             2.
             
          
           
             Iulius
             the
             2.
             his
             condition●●
             
          
           
             
               Paulus
               Langius
               in
               Chron.
               Citiz●nsi
               .
               sub
               ann
               .
            
             1●1●
             
          
           
             Counc●l
             of
             Lateran
             but
             a
             Conventicle
             .
          
           
             Sessio
             3.
             
             
               Concil
               .
               Lateran
               .
               ultim
               .
               V
               quoque
               Session
               .
            
             2.
             
          
           
             Sess.
             8.
             
             &
             9.
             
             
               Conc.
               Lat●ran
            
             .
          
           
             Sess.
             11.
             
             
               Conc.
               Lateran
            
             .
          
           
             Sess.
             11.
             
             
               Conc.
               Lateran
            
             .
          
           
             A
             Councell
             is
             above
             the
             pope
             .
             Reasons
             to
             the
             contrary
             answered
             .
          
           
             
               Theses
               Fratri●
               Heliae
               Beauva●●
               Minoris
               Su●murensis
               sub
               praesidio
               Emundi
               Richer
               .
               Doct.
               Theol.
               Sorbon
               .
               anno
            
             1599.
             die
             11.
             
               mensis
               Mat.
            
             
          
           
             
               Concil
               Lateran
               .
               Se●sion
            
             .
             10.
             
          
           
             
               V.
               Epist
               AEgyptiorum
               ponti●
               .
               ad
               Felicem
               Papam
               .
            
          
           
             
               Theodorus
               Balsam
               .
               in
               praesat
               .
               ad
            
             6.
             
             
               Synod
               .
               in
               Trullo
            
             .
          
           
             a
             
               Leo
               Epist
            
             23.
             
          
           
             Po●es
             ●●moved
             Cou●cels
             but
             with
             their
             cons●●●
             .
          
           
             b
             
               Leo
               Epist
            
             24.
             
               vide
               etiam
               Epis●ol●s
               L●●en●ae
               &
               ●acidiae
               ad
               Thendos
               .
               &
               Epist
               Theod●sii
               ad
               Valentinian
               .
               in
               praeambulis
               epist.
               ad
               Synodum
               Chalced
               .
            
          
           
             c
             
               
                 Epist.
                 Valentinian
                 .
                 &
                 Martian●
              
            
             
               
                 Et
                 altera
                 ●jus
                 dem
                 Martiani
                 a●
                 L●on●m
                 &
                 al●●ra
                 ●orundem
                 ●mp
                 ad
                 Episc●pos
                 in
                 praeamb
                 epist.
                 
              
            
          
           
             d
             
               L●o
               ●pist
            
             .
             41.
             
          
           
             e
             
               
                 ●pist
                 .
                 Imp.
                 Valent.
                 &
                 Ma●●i●n
                 .
                 a●
                 Concil
                 .
                 Ni●en
                 .
                 ●n
                 pr●eam●
                 .
              
            
             
               
                 Epist.
                 Concil
                 .
                 Const.
                 Session
              
               .
               39.
               
            
          
           
             
               Concil
               .
               Constant
               ,
               Sess
            
             44.
             
          
           
             
               Extat
               haec
               Bulla
               in
            
             1.
             
             
               Sessione
               Conc●l
               .
               Basil.
            
             
          
           
             
               Concil
               .
               B●sil
               .
               Session●
            
             1.
             
          
           
             Popes
             not
             ob●yed
             by
             Councels
             .
          
           
             
               
                 V
                 cap.
              
               16.
               
               To.
               ●
               .
               
                 Act.
                 Conc.
                 Ephes.
              
               
            
             
               
                 Vid
                 c
              
               17.
               ibid.
               
            
          
           
             
               Conc.
               Ephes.
               To.
            
             1.
             cap.
             14.
             et
             16.
             
          
           
             Councels
             not
             v●lid
             because
             confirm'd
             by
             Popes
             .
          
           
             
               
                 Synod
                 Chalced.
                 in
                 allocut
                 .
                 ad
                 Marcian
                 .
              
            
             
               
                 Ib.
                 Act.
              
               16.
               
               
                 Ib.
                 Act.
              
               23.
               
            
          
           
             
               V.
               F●agmenta
               D.
               Hilarii
            
             .
          
           
             Of
             the
             Pragmatique
             Sanction
             
          
           
             
               Extat
               Ludov●ci
            
             12.
             
             
               Constitutio
               in
               Se●sione
            
             4.
             
             
               Concil
               Lateran
            
             .
          
           
             
               Iean
               le
               Maire
               en
               a●
               partie
               de
               la
               differ
               .
               des
               Schismes
               .
            
          
           
             
               Vid.
               etiam
               Gaguin
               .
               lib.
            
             10.
             
               hist
               F●anc
            
             .
          
           
             Pius
             2.
             
             Epist.
             401
             
               ad
               Ludovicu●
            
             .
          
           
             Pius
             the
             2.
             his
             inconstancy
             .
          
           
             
               AEnea●
               Sylviu●
               l.
            
             1.
             
               de
               gesti●
               Conc.
               Basil.
            
             
          
           
             
               Idem
               lib.
            
             2.
             
          
           
             
               Quod
               AEneas
               laudavit
               Pius
               damnavit
            
             .
          
           
             
               Conc.
               Chalced.
               Action
            
             .
             1.
             
          
           
             Pl●ceing
             of
             nam●s
             ,
             o●
             what
             forc●
             .
          
           
             
               
                 Conc.
                 Chalced.
                 Action
              
               .
               3.
               
            
             
               
                 Lant●r
                 ●la●as●
                 C
                 de
                 sum
                 .
                 trinitate
              
            
             
               
                 V.
                 ep●stolas
                 Leonis
              
               .
            
             
               
                 Item
                 ●pist
                 .
                 ●d●●am
                 ad
                 Taras●um
                 in
              
               2.
               
               
                 Acti
                 .
                 Synod
                 .
                 Nic●n
              
               .
               2.
               
            
             
               
                 Epistolas
                 diverso●um
                 Ponti●
                 .
                 Roman
                 .
                 apud
                 Willelm
                 .
                 Malmesbur
                 .
                 lib.
              
               3.
               
                 de
                 Pontisic
                 .
                 Anglorum
              
               .
            
          
        
         
           Notes for div A10389-e132690
           
             
               
                 Id
                 constituit
                 Paulus
              
               2.
               
            
             
               
                 Vide
                 Bulla●
                 Iulii
              
               3
               
                 de
                 ann
                 .
                 ●ubil●i
              
               .
            
          
           
             Pardon
             of
             future
             sinnes
             ,
             occasion
             of
             much
             wickednesse
             .
          
           
             
               Extat
               Charunti
               excusi
               anno
            
             1588.
             
          
           
             
               Epist.
               Leo
               diens
               .
               To.
            
             2.
             
             
               Concil
               .
               edit
               .
               Colon
               pag.
            
             809.
             
          
           
             
               Matth.
               Paris
               .
               in
               hist.
               Anglor
               .
               in
               Henr.
            
             3.
             pag.
             935.
             
          
           
             P●rdo●s
             g●an●ed
             by
             sev●rall
             Popes
             .
          
           
             
               Plen●ry
               pardo●s
               g●●nted
               by
            
             Leo
             and
             Grego●y
             ,
             Pop●s
             .
          
           
             
               Sever●ll
               Pope●
               pardons
            
             .
          
           
             
               Pardon
               's
               gr●n●●d
               by
               Pope
            
             Paul
             
               ●he
               third
            
             .
          
           
             
               Pardons
               in
               Lent.
            
             
          
           
             
               Pardons
               after
               Easter
            
             .
          
           
             Popes
             Bulls
             for
             these
             Indulgences
             .
          
           
             Reformation
             in
             point
             of
             indulgences
             required
             .
          
           
             
               Guil.
               Durant
               .
               de
               Concil
               .
               part
               .
            
             3.
             
             Tit.
             15.
             
          
           
             
               Panormit
               .
               in
               Consil.
               super
               Conc.
               Ba●il
               .
            
          
           
             
               Conc.
               Constant.
               Sess.
            
             40.
             
          
           
             Martino●
             .
          
           
             
               Ioannes
               Gerson
               in
            
             2.
             
               part
               .
               oper
               .
               Tract
               .
               de
               Indulg
               .
            
          
           
             Consid.
             5.
             
          
           
             Consid.
             6.
             
          
           
             Gersons
             opi●io●
             of
             Indulg●●ce●
             .
          
           
             
               Consid
               8.
               
            
             
               Consid.
               10.
               
            
          
           
             Consid.
             11●
             
          
           
             
               ●ersus
               Ge●s●nis
               super
               materia
               indulgenti●●
            
             .
          
           
             
               
                 L●ncelotus
                 Conradus
                 in
                 templo
                 omnium
                 judic
                 .
                 lib.
              
               2.
               cap.
               1.
               
            
             
               
                 Augustinus
                 Triu●phus
                 de
                 p●t●st
                 .
                 Eccles.
                 qu.
              
               32
               art
               .
               3.
               
            
             
               V.
               A●●itione●
               Augustini
               a●
               illum
            
             3.
             
               arti
               .
               Augu●tin
               .
               de
               Anc●na
               .
            
          
           
             
               Co●cil
               Trid.
               Sess.
            
             25.
             
             
               Decret
               .
               de
               Indulg
            
             .
          
           
             Fraternities
             enemies
             to
             the
             State.
             
          
           
             
               Concil
               .
               Trident.
               Sess.
            
             22.
             cap.
             9.
             
          
           
             The
             Order
             of
             Penitent●
             .
          
           
             
               Guil
               Durant
               .
               Epis●
               .
               Mi●at●ns
               .
               de
               modo
               celebr
               .
               Concilii
               .
               part
               .
            
             2.
             tit
             35.
             
          
           
             Gregory
             the
             13
             his
             B●ll
             of
             the
             12
             of
             O●●ober
             ,
             print●d
             at
             Paris
             by
             
               Michael
               Iulian
            
             1583.
             
          
           
             Of
             th●
             Sect
             of
             Flag●llants
             .
          
           
             
               Naucler
               .
               volum
            
             .
             2.
             generat
             .
             45.
             
          
           
             
               Albertu●
               .
               Argentin
               in
               Chronic
               .
               sub
               anno
            
             1349.
             
          
           
             
               Chronicum
               Chronic.
               sub
               ann
            
             .
             1273.
             
          
           
             
               Albert
               Krantz
               .
               Wandalic
               lib.
            
             8.
             cap.
             29.
             
          
           
             Gerson
             against
             the
             Flagellants
             .
          
           
             
               
                 I●ann●s
                 ●ers●n
                 in
              
               1.
               
                 part
                 .
                 ope●●m
              
            
             
               
                 Tractat
                 Cont●ae
                 .
                 Sectam
                 Flagellantium
                 se.
                 p.
              
               ●●
            
          
           
             Flagellan●s
             condemn'd
             by
             Gerson
             .
          
           
             Popes
             presume
             to
             dispense
             with
             Gods
             law
             .
          
           
             Caus.
             25.
             q.
             1.
             §
             
               ●in
               .
               dist
            
             .
             13.
             
               in
               p●
            
             .
          
           
             
               In●●cent
               .
               in
               cap.
               proposuit
               .
               extra
               .
               de
               Con●●ss
               P●●b
               .
               Baldus
               .
            
          
           
             
               Gratian.
               in
               caus
            
             .
             25
             q●
             1.
             
             
               Can.
               ●deo
            
             .
          
           
             
               Gloss.
               in
               Canon
               .
               Lec●or
               .
               dist
               .
            
             39.
             
               &
               in
               cap.
               Proposuit
               .
               de
               Concess
               .
               Praebend
               .
               in
               Can
               ●
               nobis
               in
               verb.
               exemplis
               de
               de●imis
               .
               Gloss
               in
            
             6.
             
               cap.
               proposuit
            
             .
          
           
             
               V.
               Centum
               gravamina
               cap.
            
             1.
             
             &
             2.
             
               in
               ●ascicrerum
               expetendarum
            
             .
          
           
             The
             Popes
             ab●se
             of
             dispens●●ions
             .
          
           
             
               Vid
               Fasciculum
               rerum
               expetend
               .
               p.
            
             167.6
             .
          
           
             
               Bonifac.
               in
               ep
               .
               ad
               Zachar.
               Pap.
            
             2.
             
             
               Tom.
               Conc.
               de
               quo
               fit
               mentio
               in
               Synodo
               .
               Francica●
            
          
           
             
               Bernard
               l.
            
             2
             
               de
               considerat
               .
               ad
               Eugen.
               Pap.
               
            
          
           
             
               Mathaeus
               Paris
               .
               in
               hist.
               Anglor
               .
               in
               Henrico
            
             3.
             p.
             677●
             
          
           
             
               Guil.
               Durand
               .
               in
               tract
               .
               de
               modo
               celebrandi
               Conc●
               tit
               .
            
             4.
             
               pri
               .
               part
            
             .
          
           
             Ref●rm●tion
             in
             d●●pens●●●ons
             desired
             ,
             but
             not
             ob●●●●e●
             .
          
           
             
               Can
               Sicut
               .
               dist
            
             .
             14.
             
          
           
             
               Conc
               Constant.
               Sess.
            
             40.
             
          
           
             
               Ioannes
               Gerson
               in
               tract
               .
               de
               Eccles
               .
               potest
               .
               Consid.
            
             10.
             
          
           
             
               
                 Concil
                 .
                 Trid.
                 Sess.
              
               4
               cap.
               17.
               
                 in
                 aliis
                 Sess.
              
               8.
               
               Can.
               17.
               
            
             
               Sess●
               .
               cap.
               5.
               
               
                 In
                 aliis
                 Sess.
              
               7.
               
               Can.
               5.
               
            
             
               Sess.
               25.
               cap.
               7.
               
                 de
                 reform
                 .
                 in
                 aliis
                 Sess.
              
               9.
               
               Can.
               7.
               
            
             
               
                 V.
                 Ivonem
                 in
                 Epist.
              
               
            
             
               Sess.
               6.
               cap.
               1.
               
                 de
                 res
              
               .
            
             
               
                 Et
                 Sess.
              
               23
               c.
               1.
               
            
          
           
             Abuse
             of
             dispensations
             unreform'd
             by
             the
             Councell
             .
          
           
             
               Stanislaus
               Hosius
            
             .
          
           
             Sess.
             6.
             cap.
             1.
             
               et
               Sess.
            
             23.
             cap.
             1.
             
             
               In
               aliis
               Sess.
            
             7.
             
             Concil
             .
             1.
             
          
           
             Chap.
             3.
             
               de
               la
            
             2.
             
               part
               des
               libertez
               de
               l'Eglise
               Gallicane
               .
            
          
           
             Art.
             22.
             
               de
               l'ordon●
               des
               Estats
               d'Orleans
            
             .
          
           
             Who
             may
             make
             Vnions
             .
          
           
             
               Gloss.
               in
               Can.
               &
               temporis
               in
               verbo
               ,
               Vnire
               .
               Caus.
            
             16.
             q.
             1.
             
             
               Et
               cap.
               Vnire
               .
               extra
               de
               excess
               .
               Pr●lat
               .
            
          
           
             
               
                 Renatus
                 Choppin●●
                 de
                 sacr●
                 Politia
                 .
                 lib.
              
               2.
               tit
               .
               6.
               nu
               .
               7.
               
            
             
               
                 Papon
                 .
                 l.
              
               3.
               tit
               .
               8.
               art
               .
               4.
               
            
          
           
             〈◊〉
             gran●●d
             by
             Popes
             ,
             anull'd
             by
             Pa●li●m●nts
             .
          
           
             
               Idem
               Choppinus
               ibid.
            
             
          
           
             
               Choppinus
               ibid.
            
             
          
           
             
               Rebuffus
               in
               praxi
               benefic
               .
               de
               union
               benef
               .
               num
               .
            
             28.
             
          
           
             
               Papon
               lib.
            
             3.
             tit
             .
             8.
             art
             .
             2.
             
             
               Concil
               .
               Trid.
               Sess.
            
             7.
             cap.
             6.
             
          
           
             
               Concil
               .
               Trid.
               Sess.
            
             7.
             cap.
             6.
             
          
           
             Popes
             unlawfully
             dispense
             with
             Bishops
             non-residence
             .
          
           
             
               Concil
               Trent
               .
               Sess.
            
             6.
             cap.
             1.
             
             &
             2
             
               &
               Sess.
            
             23.
             cap.
             1.
             
          
           
             
               Concil
               .
               Trid.
               Sess.
            
             6.
             cap.
             1.
             
          
           
             
               Novell
               .
               Iust●nian
            
             .
             123.
             
             
               De
               Sanctiss
               .
               Episcop
               .
               c.
            
             9.
             
          
           
             
               Voyez
               le
               rec●eil
               du
               Fantanon
               les
               grandes
               Ordonnance●
               Tom
            
             4.
             tit
             .
             2.
             ca.
             1.
             
          
           
             P●inces
             to
             d●termine
             of
             residence
             .
          
           
             
               Ibid
               cap.
            
             2.
             
               tit
               .
               eod
            
             .
          
           
             
               Ibid.
               tit
               .
               eod
               .
               cap.
            
             3.
             
          
           
             
               Ordonnan
               .
               d'Or●leans
               de
               l'an
            
             1560.
             art
             .
             5.
             
          
           
             
               Ordonnance
               de
               Blois
               de
               l'an
            
             1579.
             art
             .
             14.
             
          
           
             Councels
             to
             be
             held
             every
             ten
             years
             .
          
           
             
               Concil
               .
               Trid.
               Sess.
            
             2●
             .
             
               vers
               .
               fi●em
            
             .
          
           
             
               Conc.
               Constant.
               Sess.
            
             39.
             
          
           
             
               Concil
               .
               Basil.
               Sess.
            
             1.
             
             &
             11.
             
          
           
             
               
                 Conc.
                 Basil.
                 ●ess
              
               .
               16.
               
            
             
               
                 Conc.
                 Pisan.
              
               1.
               
                 in
                 princip
              
            
          
           
             The
             b●nefits
             of
             Councels
             .
          
           
             
               
                 Conc.
                 Constant.
                 Sess.
              
               39.
               
            
             
               
                 Idem
                 in
                 aliis
                 supra
                 relatis
              
               .
            
          
           
             
               Iohan.
               Gerson
               de
               eccles
               .
               potest
               .
               Considerat
               .
            
             10.
             
          
           
             
               Idem
               in
               serm
               .
               pro
               viagro
               Regis
               Romanorum
               in
               fine
               .
            
          
           
             
               Aventin
               .
               lib.
            
             7.
             
             
               Annal.
               Boiorum
            
          
           
             
               Franciscus
               Zabarella
               in
               tract
               .
               de
               Schismate
               .
            
          
           
             
               Iacob
               .
               de
               Paradis
               .
               Carthusan
               lib
               de
               septem
               statib
               .
               Ecclesia
               .
            
          
           
             Iesuites
             the
             Popes
             vassals
             .
          
           
             
               Haec
               ex
               Bulla
               Iulii
            
             3.
             
               quâ
               confirm●tur
               institutio
               &
               statuta
               Iesuitarū
               ,
               quae
               extat
               in
               cap.
            
             21.
             lib.
             3.
             
               de
               vita
               Ignatii
               Loiolae
               novite●
               excusa
               Lu●
               duni
               apud
               Iacobum
               Roussin
               .
               Ann.
            
             1594.
             
          
           
             
               Ibid
               pag
            
             334.
             
          
           
             Th●
             Pope
             defyed
             by
             Iesuites
             .
          
           
             
               Bellarm.
               in
            
             3.
             
             
               Controv.
               de
               summo
               Pontif.
               l.
            
             4.
             c.
             5.
             
          
           
             
               Ibid
               cap.
            
             6.
             
             
               Iesuitae
               in
               censura
               Coloniensi
               .
               fol.
            
             136.
             
          
           
             
               Bellarm.
               ubi
               supra
               .
               c.
            
             8.
             
               et
               seq●
               Eadem
               Bulla
               Iulii
            
             3.
             
               quae
               extat
               l.
            
             3.
             
               de
               vita
               Ignatii
               .
               c.
            
             21.
             pag.
             335.
             
          
           
             Iesuites
             doctrine
             against
             Kings
             .
          
           
             He
             speaks
             to
             Henry
             the
             4.
             
          
           
             
               Emanuel
               Sa
               in
               verbo
               Cle●ic●●
            
             .
          
           
             
               Idem
               in
               verbo
               tyrannus
            
             .
          
           
             
               Idem
               in
               verb●
               privilegium
            
             .
          
           
             I●suites
             doc●rine
             pe●nicious
             to
             the
             State.
             
          
           
             
               Censura
               Coloniensis
               Iesui●arum
               fol.
            
             136.
             
          
           
             
               Le
               Pedagogue
               d'
               Armes
            
          
           
             Chap.
             8.
             
          
           
             Chap.
             9.
             
          
           
             Chap.
             4.
             
          
           
             Fol.
             13
             
          
           
             Fol.
             1●
             
          
           
             Chap.
             7.
             
             Fol.
             24.
             
          
           
             Chap.
             9.
             
             Fol.
             31.
             
          
           
             Fol.
             32.
             
          
           
             Iesuites
             banish●d
             France
             .
             Fol.
             33.
             
          
           
             
               In
               eadem
               constitutione
               Iulii
            
             3
             
               quae
               extat
               in
               ca.
            
             21.
             li.
             3.
             
               〈◊〉
               vita
               Ignat●●
               Loiolae
            
             .
          
           
             
               Du
               Steurs
               D'
               Arnalt
               .
               Pasquier
               .
               Versoris
               .
            
          
           
             All
             elections
             ascribed
             to
             the
             Pope
             by
             this
             Councel
             .
          
           
             
               Concil
               .
               Trid.
               Sess.
            
             23.
             cap.
             4.
             
               de
               Sacramento
               Ordini●
            
             .
          
           
             The
             ●ight
             of
             Princes
             in
             elections
             .
          
           
             
               
                 Can.
                 nullus
                 .
                 C●n.
                 Adrian
              
               1.
               
                 〈◊〉
                 por●o
              
               .
            
             
               
                 Can.
                 si
                 pe●
                 ord●nat●o
                 .
                 ●an
                 non
                 est
                 ex
                 dicto
                 Gratian
                 in
                 his
                 verbis
              
            
             
               
                 Ex
                 co●●●itutionibus
                 dist
              
               .
               6●
               .
               
                 Gloss.
                 ad
                 regul
              
               .
               29.
               
                 in
                 ●e●b
                 .
                 quod
                 Omnes
                 .
                 regul
                 .
                 ●uris
                 in
              
               6.
               
            
             
               
                 V.
                 sacraescriptur●
                 testimonia
                 apud
                 Marsilium
                 Pa●avin
                 .
                 in
                 desens
                 .
                 pa●
                 .
                 ●art
                 .
              
               2.
               cap.
               17
            
             
               
                 Can.
                 quarto
                 .
                 Can
                 plebs
                 .
                 Can.
                 no●se
                 .
                 Can.
                 Episcopos
                 .
                 Can
                 literas
                 .
                 Can.
                 Metropolitano
                 .
              
            
             
               
                 Can.
                 si
                 in
                 plebib
              
               .
            
             
               
                 Can.
                 Cler.
                 Can.
                 vota
                 civium
              
               .
            
             
               
                 ●an
                 .
                 Sacrorum
                 .
                 dist
              
               .
               61.
               
            
             
               
                 Ivo
                 Episcopus
                 Carnotensis
                 Epist
              
               .
               3.
               
            
             
               
                 Idem
                 Ivo
                 epist.
              
               2.
               
               &
               3.
               
            
          
           
             Popes
             chosen
             or
             confirmed
             by
             Emperors
             .
          
           
             
               
                 Can
                 in
                 Synodo
                 .
                 Can.
                 quia
                 sancta
                 Can.
                 Cum
                 Adrianus
                 .
              
            
             
               
                 Can.
                 Ego
                 Ludovicus
                 .
                 dist
              
               .
               63.
               
               
                 Vid.
                 Iustinian
                 .
                 Constit.
              
               137.
               
                 de
                 ordinat
                 .
                 Episc.
                 &
                 Cleric
                 .
                 lib.
              
               1.
               
               
                 Capitul
                 Caroli
                 Magnica
              
               .
               84.
               
               
                 Glabrum
                 Rodulph
                 .
                 lib.
              
               5
               
                 hist.
                 cap.
              
               5.
               
            
          
           
             
               Can.
               Adrianus
               .
               dist
            
             .
             63.
             
          
           
             
               Can.
               Synodo
               .
               dist
            
             .
             63.
             
          
           
             
               Can.
               Agatho
               dist
            
             .
             63.
             
          
           
             Whether
             the
             Emperours
             h●ve
             lost
             their
             right
             .
          
           
             
               Martinus
               Polonus
               in
               Vitaliano
               sub
               ann
               .
            
             657.
             
          
           
             
               Vid.
               Decreta
               Bonfaci●
               1.
               in
               Isidori
               Decreto
               Luteti●
               excuso
               ann
               .
            
             1524.
             pag.
             129.
             
               &
               ann
            
             .
             1535.
             p.
             196.
             
          
           
             
               Walteramus
               episc●p
               .
               Naumberg
               .
               in
               lib
               de
               inves●l●●
               epis●
               .
            
          
           
             
               Vnum
               instrumentum
               extat
               in
               Can.
               Ego
               Ludovicus
               .
               dist
               .
            
             63.
             
          
           
             
               Alterum
               apud
               Volaterrarum
               Geograp
               lib.
            
             3.
             
               cap.
               de
               genere
               &
               gestis
               Pepini
               &
               ●aroli
               .
            
          
           
             Lewes
             his
             compa●●
             supposititious
             .
          
           
             
               Can
               quia
               sancta
               .
               dist
            
             .
             63.
             
          
           
             
               Can.
               in
               nomine
               dist
            
             .
             23.
             
             
               Hildebert
               in
               Panorm
               .
               l.
            
             3.
             c.
             1
             
          
           
             
               Platina
               in
               Gregorio
            
             7.
             
          
           
             
               Platina
               in
               Alex.
            
             2.
             
          
           
             Election
             of
             Bishops
             belongs
             to
             Emperors
             .
          
           
             
               Theodorus
               Balsamo
               in
               comment
               .
               ad
               Can.
            
             69.
             
             
               Syno●
               .
               in
               Trullo
            
             .
          
           
             
               Can
               Reatinae
               .
               dist
            
             .
             63.
             
          
           
             
               Can.
               nobis
               dist
            
             .
             63.
             
          
           
             
               Can
               lectis
               dist
            
             .
             63.
             
          
           
             
               Can.
               Salonitan●
               quaest
            
             .
             63.
             
          
           
             
               Can.
               Princip
               .
               dist
            
             .
             63.
             
          
           
             When
             Popes
             begun
             to
             usu●p
             elections
             .
          
           
             
               Can.
               Quiaigitur
               .
               dist
            
             .
             63.
             
          
           
             
               Glaber
               Rodulphus
               lib.
            
             5.
             
               hist.
               cap
            
             4.
             
          
           
             
               Idem
               Glaber
               lib.
            
             5.
             cap.
             5.
             
          
           
             
               Idem
               ibid.
            
             
          
           
             
               
                 Helmod
                 in
                 chronic
                 .
                 Slavor
                 .
                 cap.
              
               70.
               
            
             
               Waltramus
               Episc
               .
               Naumburg
               .
               in
               lib.
               de
               invest
               .
               Episcop
               .
            
          
           
             *
             
               
                 Sigebert
                 .
                 in
                 Chron.
                 sub
                 ann
                 .
              
               1111.
               
            
             
               
                 Martin
                 .
                 Polon
                 .
                 in
                 Henr.
              
               4
               
                 sub
                 ann
              
               .
               1110.
               
            
             
               
                 Matth.
                 Westm.
                 l.
              
               2.
               an●112
               ●112
               
                 Helmod
                 .
                 in
                 hist.
                 Slavor
                 .
                 cap.
              
               32.
               
               &
               70.
               
            
             
               
                 Petr.
                 de
                 Ferrariis
                 in
                 forma
                 libelli
                 quae
                 agit
                 ex
                 substit
                 .
                 in
                 verb.
                 ex
                 suo
                 corpore
                 .
                 num
                 .
              
               3.
               
               
                 Lambert
                 .
                 Schafnaburg
                 .
                 derebus
                 German
                 .
                 sub
                 an
                 .
              
               1071.
               
                 et
                 passim
                 .
                 Author
                 continuationis
                 ad
                 Bedae
                 hist.
                 lib.
              
               2.
               ●ap
               .
               21.
               
            
          
           
             a
             
               Can
               si
               quis
               deinceps
               .
               &
               sequentib
               .
               Caus.
            
             16.
             q.
             4.
             
          
           
             Henry
             the
             ●
             and
             the
             Popes
             quarrell
             about
             investitures
             .
          
           
             
               Matth.
               Westm.
               lib.
            
             2.
             
               sub
               ann
            
             .
             1102.
             pag.
             23.
             
          
           
             
               
                 Abbas
                 Vsperg
                 .
                 in
                 Chron.
              
               
            
             
               
                 Willelm
                 .
                 Malmesb
                 .
                 de
                 gestis
                 Reg.
                 Angl.
                 lib.
              
               5.
               fol.
               9.
               
            
          
           
             Henries
             renunci●tion
             invalid
             .
          
           
             
               Idem
               Vsperg
               .
               Et
               Malm●b
               .
               ib.
               
            
          
           
             
               Abbas
               Vsperg
               .
               in
               Chron.
               sub
               ann
               .
            
             1122.
             
          
           
             
               Otho
               Frisingens
               Chron.
               lib.
            
             7.
             cap.
             16.
             
          
           
             
               Abbas
               Vsperg
               .
               sub
               an
            
             .
             1126.
             
          
           
             Bish●p
             at
             Char●res
             his
             opinion
             
          
           
             
               Albert.
               Crantz
               .
               l.
            
             7.
             
             
               Saxon.
               c.
            
             3●
             
          
           
             
               Marsil
               .
               Patavi
               .
               in
               de●ens
               .
               pac
               .
               part
               .
            
             2.
             c.
             25.
             pag.
             174.
             
          
           
             Kings
             may
             confer
             Bishopriques
             ,
             &c.
             
             The
             Emperour
             Henries
             right
             vindicated
             .
          
           
             
               Ivo
               Ep.
            
             65.
             
          
           
             
               
                 Sigebert
                 .
                 in
                 Chron.
                 sub
                 ann
                 .
              
               1111.
               
            
             
               
                 Adde
                 Matthaeū
                 Westmonast
                 .
                 lib.
              
               2.
               
                 sub
                 Ann.
              
               1111.
               
            
          
           
             Kings
             of
             England
             chuse
             Bish●ps
             .
          
           
             a
             
               Conc.
               Tolet.
            
             12
             cap.
             6.
             
          
           
             b
             
               Can.
               Cum
               longe
               dist
            
             .
             63.
             
          
           
             c
             
               Lan●
               .
               ●onrad
               .
               in
               templo
               amnium
               judic
               .
            
             l.
             1.
             c.
             2.
             
             §.
             3
             nu
             .
             10.
             l●
             .
             ●●p
             .
             1.
             
             §
             4.
             ver●
             4.
             
          
           
             d
             
               
                 Wil●elm
                 .
                 M●lm●●bur
                 .
                 l
              
               1.
               
                 d●
                 gestis
                 ponti●
                 .
                 ●ngl
                 p.
              
               116.
               
            
             
               
                 Idem
                 lib.
              
               3.
               p.
               1●7
               .
               
                 Idem
                 lib.
              
               1.
               
                 ●e●sus
                 in
                 .
                 Idem
                 lib.
              
               2.
               p.
               147.
               
               
                 Idem
                 lib.
              
               3.
               p.
               155.
               
            
             
               
                 Matth.
                 Wes●●n
                 .
                 lib.
              
               2
               
                 sub
                 .
                 ann
              
               .
               1878.
               
            
             
               
                 Florent
                 .
                 Wig●●n
                 sub
                 ann
              
               .
               107●
               .
            
             
               
                 Matth.
                 West●n
                 .
                 lib
              
               2
               
                 sub
                 ann
              
               .
               1092.
               
            
             
               
                 Malmesb.
                 l
              
               4.
               
               
                 Idem
                 l.
              
               1.
               p.
               116
               
                 Idem
                 ●
              
               .
               2.
               
                 sub
                 .
                 ann
              
               1101.
               
            
             
               
                 Malmes
                 .
                 l.
              
               4.
               
               
                 Idem
                 p.
              
               161.
               
               
                 Westmonast
                 .
                 l.
              
               2
               
                 sub
                 ann
              
               11●2
               .
            
          
           
             
               Idem
               Westmon
               l.
            
             2.
             
             〈…〉
             1●0●
             .
          
           
             Kings
             of
             Engl●nd
             bestow
             Bishopr●qu●s
             .
          
           
             
               Idem
               Westmon
               .
               l.
            
             2.
             
               sub
               ann
            
             .
             1109.
             
          
           
             
               
                 Idem
                 lib.
              
               2.
               
                 sub
                 ann
              
               .
               1113.
               
            
             
               
                 Idem
                 Westmon
                 .
                 l.
              
               2.
               
                 sub
                 ann
              
               .
               1125
            
             
               
                 William
                 Neubrigensis
                 rerum
                 Angl.
                 l
              
               4.
               c.
               2.
               
            
          
           
             
               Idem
               Westmon
               .
               l.
            
             2.
             
               sub
               ann
            
             .
             1204.
             
          
           
             
               Idem
               Westmon
               .
               sub
               ann
            
             .
             1245.
             
             
               Vid
               eundem
            
             .
          
           
             
               
                 Malmesb
                 lib.
              
               2.
               
                 in
                 sin
                 .
                 p.
              
               146.
               lib
               4.
               p.
               163.
               
               &
               165.
               
            
             
               
                 Et
                 Wigornens
                 .
                 sub
                 ann
              
               .
               1070.
               pag.
               435
               ,
               436.
               
                 sub
                 ann
              
               .
               1103.
               pag.
               475.
               
            
             
               
                 Matth
                 Paris
                 .
                 &
                 alios
              
               .
            
          
           
             
               Anton
               Corset●s
               in
               tract
               .
               de
               reg
               .
               pot●
               q.
            
             11.
             nu
             .
             11
             
               vide
               antiquas
               collectiones
               decret
               .
               Antonii
               Augustini
               Iterdae
               excusas
               ann
               .
            
             1576.
             collect
             .
             1
             
               c.
               ex
               diligenti
               .
               Tit.
               de
               jure
               patronatus
               .
            
          
           
             Severall
             Kings
             conferre
             Bishop●iques
             .
          
           
             
               Alexand.
               Consil
            
             .
             174.
             nu●
             8.
             
             Tom.
             4.
             
          
           
             
               
                 L●ncelot
                 Conrad
                 in
                 templo
                 omnium
                 judic
                 .
                 lib.
              
               1.
               cap.
               2.
               
               §.
               ●
               nu
               .
               10.
               
            
             
               
                 Wal●ramus
                 Epis●
                 .
                 N●umburgens
                 in
                 tract
                 .
                 de
                 inves●it
                 .
                 Episc.
                 
              
            
          
           
             
               Ammonius
               de
               reb
               gest
               Franc●
               l
            
             34.
             
             
               Rhegmo
               in
               chron
               sub
               an
            
             .
             860.
             
               hist.
               Rhemens
               .
               l.
            
             3.
             c.
             1.
             9.
             
             
               Frod●ard
               .
               in
               chron
               sub
               ann
               .
            
             96●
             
               Ivo
               Carnat
               .
               Episc
               ep
            
             .
             36
             44.48.49.67
             .
             121
             .
             16●
             169.
             352.
             
             
               Hildebert
               .
               Turon
               Archiep.
               ep
            
             .
             3.
             
             
               Lup.
               Abb.
               Ferrar.
               ep
            
             .
             6.
             1.
             
             ●0
             79.
             81.
             84.
             89.
             2.
             
             
               Capitul
               .
               Carol.
               magn
               .
               l.
            
             1.
             c.
             84.
             
               vid
               etiam
               lib
               leg
               .
               Francic
               .
               c.
            
             78.
             
             ●
             .
             
               Can
               Sacror
               .
               dist
            
             .
             63.
             
             
               Capitul
               .
               Carol.
               Mag
               lib.
            
             1
             c
             84.
             
             
               Vid.
               etiam
               lib.
               legum
               Fran●●●arum
               cap.
            
             ●●
             .
          
           
             †
             
               G●eg
               .
               Turon
               .
               in
               hist
               Franc.
               l.
            
             3.
             ca.
             16.
             17.
             
             &
             26.
             l.
             4.
             c.
             6
             7.
             15.
             18.
             
             l
             5
             c
             4.
             46.
             l.
             6.
             c.
             ●
             .
             7.
             915
             
             ●9
             .
             l.
             7
             c.
             17.
             
             
               Idem
               in
               vit
               .
               sanct
               Gall.
               
            
          
           
             *
             
               Can.
               sacror
               .
               dist
            
             .
             63.
             
          
           
             Councels
             decr●e
             Bishops
             and
             Pastors
             to
             be
             chosen
             by
             Clergy
             and
             people
             .
          
           
             
               Can.
               porro
               .
               dist
            
             .
             63.
             
          
           
             Cap.
             10.
             
             
               Conc.
               Aurelian
            
             .
             5
             
               quod
               extat
               in
               tom
            
             .
             2.
             
             
               Concil
               .
               pa.
            
             575.
             
          
           
             
               Synod
               Francic
               .
               Tom.
            
             3.
             
             
               Conc.
               pag.
            
             473.
             
          
           
             
               Synod
               .
               Suession
               .
               to
            
             .
             3.
             
             
               Conc.
               pag.
            
             438.
             
          
           
             
               Conc.
               Paris
               .
               lib.
            
             3.
             c.
             22.
             to
             .
             3.
             
             
               Conc
               pag.
            
             817.
             
          
           
             
               Conc.
               Valent.
               tom
            
             .
             3.
             
             
               Concil
               .
               pag.
            
             890.
             
          
           
             Investitures
             proved
             to
             belong
             to
             the
             Kings
             of
             Fr●nce
             .
          
           
             
               Mar●ilius
               P●vinus
               in
               defens
               .
               pac
               part
               .
            
             2.
             cap
             17
             pag.
             290.
             
          
           
             
               Ioannes
               Monachus
               in
               c
            
             1
             
               de
               Prebend
               in
            
             6.
             
          
           
             
               Alexand.
               consil
            
             .
             74.
             num
             8.
             volun
             4.
             
          
           
             
               
                 Lancelot
                 Conrad
                 .
                 in
                 templ●
                 omnium
                 judicum
                 lib.
              
               1
               cap.
               ●
               §.
               3.
               num
               .
               10.
               
               &
               11.
               
            
             
               
                 Lup●s
                 epist.
              
               81.
               
            
          
           
             
               Hild●bert
               .
               Turonens
               .
               Ar●hiep
               .
               epist.
            
             3.
             
          
           
             
               Ivo
               Episc●pus
               Carnotensis
               Epist
            
             .
             1,2,8
             ,
             12.
             
          
           
             
               Idem
               Ivo
               .
               epist.
            
             12.
             
          
           
             
               Idem
               Ivo
               epist.
            
             65.
             
          
           
             Bishops
             ought
             to
             t●ke
             the
             oath
             of
             all●geance
             ,
             and
             bee
             chosen
             by
             Kings●
             &c.
             
          
           
             
               
                 Ivo
                 epist.
              
               206.
               
               
                 Vid
                 Matth
              
               :
            
             
               
                 Westmonast
                 .
                 l●
              
               2
               
                 sub
                 ann
              
               .
               1136.
               1171.
               
            
             
               
                 Extat
                 haec
                 juramenti
                 formula
                 inter
                 scriptores
                 co●etaneos
                 Pithoei
                 pag.
              
               509
               
                 editionis
                 Wechelian
              
               .
            
          
           
             
               L'
               Ordonnance
               D'
               Orleans
               ●rt
            
             .
             1.
             
          
           
             
               Ivo
               epist.
            
             8.12.20.28
             .
             43.44
             48.49
             .
             50.58.116
             .
             271.272
             .
          
           
             Popes
             election
             of
             Bish●ps
             prejudiciall
             ●o
             Kings
             .
          
           
             
               Lupus
               ep
            
             .
             40.
             
             
               Idem
               ep
            
             .
             98.
             
          
           
             
               Matth.
               Westm.
               l
            
             2
             
               sub
               ann
            
             .
             1245.
             p.
             192.
             
          
           
             
               Ivo
               epist.
            
             116.
             
          
           
             
               C●n.
               Porto
               dist
            
             .
             63.
             
          
           
             
               Florentius
               Wigor●iensis
               Monachus
               in
               Chron.
               sub
               ann●
            
             1070.
             
          
           
             
               Ivo
               ep
            
             238.
             
          
           
             
               Guilielmus
               Neubrigensis
               rerum
               Anglic.
               l.
            
             2.
             c.
             16.
             
          
        
         
           Notes for div A10389-e155170
           
             Kings
             robb'd
             of
             thei●
             jurisdiction
             .
          
           
             Councel
             of
             Trent
             unj●st●i●
             exempts
             Bishops
             from
             the
             jurisdiction
             of
             Kings
             .
          
           
             
               Conc.
               Trid.
               Sess.
            
             24
             cap.
             5.
             
          
           
             
               Conc.
               Trid.
               Sess.
            
             13.
             cap.
             8.
             
          
           
             
               Conc.
               Trid
               Sess.
            
             25.
             cap.
             14.
             
          
           
             
               Sozomen
               .
               l.
            
             2.
             cap.
             27.
             
          
           
             Emperours
             and
             their
             ●ffic●●s
             j●●ge
             th●
             Clergy
             .
          
           
             
               August
               .
               epist.
            
             68.
             
             &
             162.
             
          
           
             
               Theodoret.
               l.
            
             2.
             cap.
             27.
             
          
           
             
               Sozomen
               .
               lib.
            
             4.
             cap
             22.
             
          
           
             
               August
               .
               ep
            
             .
             159●
             160.
             
          
           
             
               T●●o●o●et
               .
               l.
            
             5.
             cap.
             5.
             
          
           
             
               Idem
               Theod.
               l.
            
             5
             cap.
             2.
             
             &
             3.
             
          
           
             
               S
               Sulpitius
               Sacrae
               hist.
               l.
            
             2.
             
          
           
             Bishops
             judged
             by
             Emperours
             .
          
           
             
               Commonitorium
               Imperatoris
               ad
               Elpidium
            
             .
          
           
             Act.
             1.
             
             
               Synod
               .
               Chalced.
               to
            
             .
             2.
             
             
               Conc.
               p.
            
             137.
             
          
           
             
               Conc.
               Chalced.
               Act.
            
             1.
             tom
             .
             2.
             
             
               Conc.
               p.
            
             135.
             
          
           
             
               Conc.
               Chalced.
               Act.
            
             14.
             tom
             .
             2.
             
             
               Conc.
               p.
            
             315.
             
          
           
             
               Eadem
               Actione
            
             14.
             p.
             325.
             
          
           
             
               V.
               Tom.
            
             1.
             
             
               Iuris
               Graeco
               Romani
               l.
            
             3.
             
             
               Sentent
               .
               Synod
               .
               c.
            
             5
             p.
             223.
             
          
           
             
               
                 Iustinian
                 .
                 Novell
              
               .
               24.
               
               
                 De
                 depositione
                 Anthemii
              
               .
            
             
               
                 V.
                 Euagrium
                 l.
              
               4.
               c.
               11.
               
            
          
           
             
               Theod.
               l.
            
             2.
             c.
             15
             
          
           
             
               Sozom.
               l.
            
             3.
             c.
             9
             
          
           
             Kings
             jurisdiction
             confes'd
             by
             Popes
             .
          
           
             
               Gregorius
               in
               Registro
               l.
            
             7.
             ep
             .
             116.
             
             Indict
             .
             2.
             
          
           
             
               Idem
               Greg.
               l.
            
             9.
             ep
             .
             64.
             
             
               In
               dict
            
             .
             4.
             
          
           
             
               Can.
               istud
               .
               caus
            
             .
             11.
             q.
             1.
             
          
           
             
               
                 L.
                 qui
                 mos.
              
               23.
               
                 C.
                 Theod.
                 de
                 episcop
                 eccles
                 .
                 &
                 Cleric
                 .
              
            
             
               L.
               ●
               .
               
                 ●od
                 .
                 Th.
                 〈◊〉
                 Episc
                 Iudic.
                 
              
            
             
               
                 L.
                 Clericos
                 C.
                 Theod
                 de
                 episc
                 .
                 eccles
                 .
                 &
                 Cler.
                 Novell
                 .
                 Iustinian
                 .
              
               83.
               
                 ut
                 Cleric
                 .
                 apud
                 prop.
                 Episcop
                 .
              
            
             
               
                 Novell
                 .
                 Iustin.
              
               123.
               c.
               8.
               
            
          
           
             Cap.
             19.
             
             
               Con●
               .
               Milevitan
               .
               tom
            
             .
             1.
             
             
               Con●
               .
               p.
            
             ●07
             .
          
           
             Kings
             judge
             B●sh●ps
             .
          
           
             Can.
             6.
             
             
               Concil
               .
               Constantin
            
             .
             1.
             
               apud
               Balsamon
            
             .
          
           
             
               Gregor
               .
               Turonensis
               l.
            
             5.
             c.
             20.
             
             
               Aimonius
               l.
            
             3.
             cap.
             28.
             
          
           
             
               Aimonius
               l
            
             3.
             capp
             .
             26.
             
             &
             64
             
          
           
             
               Aimonius
               l.
            
             3.
             cap.
             43.
             
          
           
             
               Greg.
               Turone●s
               .
               l.
            
             10.
             c.
             16●
             
          
           
             Bishops
             judged
             by
             Princes
             ,
             not
             Popes
             .
          
           
             
               
                 Synod
                 .
                 Suession
                 .
                 To.
              
               3.
               
               
                 Concil
                 .
                 p.
              
               438.
               
            
             
               
                 Aimonius
                 l.
              
               4.
               cap.
               106.
               
            
             
               
                 Idem
                 lib
              
               5.
               c.
               17
            
             
               
                 Aimonius
                 l.
              
               3.
               c.
               49.
               
            
             
               
                 Greg
                 Turon
                 .
                 l.
              
               6.
               c.
               22.
               
            
             
               
                 Greg.
                 Turon
                 .
                 l
              
               6
               c.
               11.
               
            
             
               
                 Greg.
                 Turon
                 .
                 l
              
               6.
               c.
               14.
               
            
             
               
                 Aimoniu●
                 l.
              
               4.
               c.
               83.
               
            
          
           
             Epist
             2.
             
             Bonif.
             1.
             
             To.
             1.
             
             
               C●nc
               .
               Et
               Can.
               Decernimus
            
             .
             3.
             q.
             10.
             
             
               Can
               Si
               qui●
               episcopu●
            
             .
             7
             q.
             4.
             
             Can.
             1.7
             .
             q
             4.
             
          
           
             
               Can
               ●lt
            
             .
             7.
             q.
             4.
             
          
           
             In
             vvh●t
             case●
             the
             ●●y
             Iudg●s
             h●th
             povver
             over
             the
             French
             Clergy
             .
          
           
             a
             
               Papon
               de
               jurisdict
               temporali
               art
            
             .
             34.
             
          
           
             b
             
               Papon
               ibid.
               art
            
             .
             35.
             
          
           
             c
             
               Idem
               tit
               de
               adult
               .
               art
               .
            
             17.
             
          
           
             d
             
               Idem
               tit
               .
               de
               jurisd
               temp
               .
               art
               .
            
             43.
             
             &
             44.
             
          
           
             e
             
               Idem
               ibid.
               art
            
             37.
             
          
           
             f
             
               Idem
               ibid.
               art
            
             .
             46.
             
          
           
             g
             
               Papon
               ibid.
               art
            
             .
             33
             ,
             34.
             38
             ,
             39,41
             ,
             45
             ,
             ●7
             .
          
           
             
               
                 Can.
                 Si
                 qui●
              
               18.
               quaest
               .
               2.
               
            
             
               
                 Can.
                 Si
                 quis
                 Abbas
              
               ,
               18.
               q.
               2.
               
            
             
               
                 Can.
                 Cognovimus
              
               18
               q
               2.
               
            
             
               
                 Can.
                 in
                 venditionibus
              
               .
            
             
               Caus.
               17.
               q
               4.
               
            
          
           
             Ordinaries
             by
             this
             Councel
             made
             the
             Popes
             Commissaries
             .
          
           
             
               Cap
               cum
               ex
               eo
               ,
               De
               elect
               .
               &
               elect
               .
               potestat
               .
               in
            
             6.
             
          
           
             
               Ordonnance
               det
               Estats
               d'
               Orleans
               ●●
               an
               .
            
             1560.
             
             Art.
             5.
             
          
           
             Bishops
             made
             Popes
             Delegats
             in
             matters
             of
             their
             owne
             jurisdiction
             .
          
           
             Cap.
             1.
             
               de
               privilegii●
               in
            
             6.
             
          
           
             a
             
               Ordon
               .
               du
               Roy
               Loys
            
             12.
             
               de
               l'
               an
            
             .
             1513.
             
               confirmee
               par
               Arrest
               du
               Parlement
               de
               Paris●
               du
               feburier
            
             1542.
             
             
               Voyez
               le
               r●cucil
               des
               Ordo●nances
               de
               Fontanon
               Tom.
            
             4.
             
             Tit.
             11.
             
               de
               l'
               Vniversie
               du
               Paris
               c.
            
             6.
             
          
           
             b
             
               Hos●iensis
               .
               Abbas
               .
               Andr●●●s
               .
               Anthon.
               Butrigarius
               in
               can
               .
               perpendim●s
               de
               sentent
               excom
               .
               extra
               .
               Petrus
               de
               Anchorano
               in
               ca.
               ea
               quae
               .
               de
               regulis
               juris
               in
            
             6.
             
             
               Glos.
               in
               ca.
               transivisse
               .
               de
               Election
               .
               cap.
               quoniam
               de
               vita
               et
               honest●
               Cleric
               .
               Can.
               Penult
               .
               dist
               .
            
             23.
             
               ca.
               unic
               .
               de
               cleric
               .
               conjugat
               .
               in
            
             6.
             
               cum
               ibi
               notat
            
             .
          
           
             c
             Capit.
             1.
             
               &
               ibi
               gloss
               .
               de
               rebus
               Eccles.
               non
               alienand
               .
               in
            
             6.
             
          
           
             d
             
               Cap.
               exposuisti●
               extra
               de
               Praebend
               .
               &
               dignit
               .
            
          
           
             e
             Capit.
             1.
             
             
               &
               Cap.
               Pastoral●●
               extra
               .
               de
               his
               quae
               f●nt
               à
               Praelato
               .
               Vid.
               gloss
               .
               in
               ca.
               de
               reb●●
               Eccles.
               non
               alienandis
               in
            
             6.
             
          
           
             B●sh●ps
             made
             the
             Po●es
             Commissaries
             .
          
           
             
               
                 Cap.
                 de
                 Retoribus
                 &
              
            
             
               
                 Cap.
                 consultationibus
                 extra
                 .
                 de
                 Clericis
                 aegrotant
                 .
              
            
          
           
             
               Cap.
               St●ut
               unire
               extra
               .
               de
               excessib
               .
               praelat
               .
               Gloss.
               in
               Can.
               &
               temporis
            
             16
             q.
             1.
             
          
           
             Visitation
             of
             Hospitals
             .
          
           
             
               Can.
               Decrevimus
            
             .
             10.
             quae
             .
             1.
             
             
               Vid.
               Conc.
               Tarracon
               .
               cap.
            
             8.
             
             Tom.
             2.
             
             
               Conc.
               pag.
            
             526.
             
          
           
             
               Can.
               Episc.
            
             10.
             q.
             1.
             
          
           
             Sess.
             22.
             c.
             8.
             
          
           
             
               
                 Clement
                 .
                 Quia
                 contingit
                 .
                 de
                 religiosis
                 domibus
                 ,
              
            
             
               
                 Voyes
                 le
                 recueil
                 des
                 Ordōnances
                 fait
                 par
                 Fontanon
                 .
                 Tit.
                 du
                 Grand
                 Conc.
                 ch
                 .
              
               7.
               
            
          
           
             
               V.
               Ibid.
               Tom.
            
             4.
             tit
             .
             27.
             
               des
               malad
               .
               &
               Hospit
               .
               ch
               .
            
             4.
             
          
           
             D●l●g●ti●ns
             a
             wrong
             to
             w●●●
             .
          
           
             A
             ●●st
             of
             the
             Par●●●m●nt
             of
             Paris
             F●br
             .
             4.
             1545.
             
          
           
             Can.
             8.
             
             Sess.
             22.
             
          
           
             
               Greg.
               in
               ●●p
               tua
               e●tra
               .
               d●
               t●s●am
               .
            
          
           
             
               〈◊〉
               Gr●●
               .
               in
               ●●p
               ●●●nnis
               ●xtr●
               de
               testa
               .
               〈…〉
               C
               de
               ●●is●●p
               ●t
               Cl●r
               .
            
          
           
             The
             bad
             consequence
             of
             evocations
             .
          
           
             
               Gloss.
               &
               addition
               .
               in
               Can.
            
             1.
             
               ad
               verb.
               Quis
               eum
               .
               dist
               .
            
             40.
             
          
           
             Sess.
             32.
             
             
               Conc.
               Basil.
            
             
          
           
             The
             Councell
             entrencheth
             upon
             the
             Civil
             jurisdiction
             .
          
           
             a
             
               Bellarm.
               To.
            
             ●
             C●ntrovers
             .
             3.
             l
             4.
             cap.
             14.
             
          
           
             b
             
               Conc.
               Trid.
               Sess.
            
             25.
             c.
             2.
             
          
           
             c
             
               Conc.
               T●id
               .
               Sess.
            
             4.
             
               c.
               ult
            
             .
          
           
             d
             Sess.
             24.
             c.
             1.
             
          
           
             e
             Sess.
             24.
             can
             .
             12.
             
          
           
             f
             Sess.
             21.
             c.
             4.
             
          
           
             g
             Sess.
             21.
             
             ●
             .
             8.
             
          
           
             h
             Sess.
             22
             c.
             10.
             
          
           
             i
             Sess.
             23.
             c.
             6.
             
          
           
             k
             Sess.
             2●
             .
             c.
             8.
             
          
           
             l
             Sess.
             25.
             c.
             3.
             
          
           
             m
             
               Sess.
               7.
               
               ●
               .
               5.
               
               &
               7.
               
            
             
               Sess.
               21.
               c.
               3.
               et
               6
            
             
               Sess.
               23.
               c.
               18.
               
            
             
               Sess.
               25.
               c.
               5.
               
            
             
               Sess
               29.
               c.
               15.
               
            
          
           
             n
             Sess.
             25.
             c.
             ●
             .
          
           
             Libels
             of
             what
             jurisdiction
             .
          
           
             
               Francis.
               Balduinus
               in
               comment
               ad
               leg
               .
               de
               famosis
               libellis
               p.
            
             13.
             
          
           
             L.
             7.
             
             
               Cod.
               Theod.
               de
               famosis
               libel
               .
               l.
               unica
               .
               C
               Iustin
               eod
               .
            
          
           
             
               Vid.
               totum
               tit
               .
               C.
               Theod.
               de
               famosis
               libellis
               .
            
          
           
             Caus●s
             m●●rimonial
             ,
             divorce
             &c.
             of
             what
             jurisd●ction
             .
          
           
             
               
                 Cod
                 Iustin.
                 de
                 males
                 .
                 &
                 mathemat
                 per
                 tot
                 .
                 ●
                 .
                 qui●unq●e
                 C.
                 eodem
              
            
             
               
                 L
                 mathematico
                 ●
                 .
                 de
                 Episc.
                 audient
                 .
              
            
             
               
                 No●ell
                 Leonis
              
               65.
               
            
          
           
             Sessio●
             .
             24.
             
             Can.
             12.
             
          
           
             
               Papon
               au
               re●ueil
               ●
               Arrests
               tit
               .
               de
               jurisd
               .
               eccles
               .
               Art.
            
             2
             &
             3.
             
          
           
             
               
                 Papon
                 au
                 mesme
                 lieu
                 art
              
               .
               3.
               
               
                 Papon
                 ibid.
                 art
              
               .
               3.
               
               &
               4.
               
            
             
               
                 Imbert
                 in
                 enchir
                 .
                 in
                 verbo
                 matrimonii
                 controversi
                 .
              
               1.
               
            
             
               
                 Papon
                 au
                 tit●e
                 de
                 la
                 jurisdict
                 .
                 temporelle
                 art
                 .
              
               3
               
                 Droict
                 de
                 patronat
              
               .
            
          
           
             
               
                 Gloss
                 in
                 ca●llteras
              
               .
            
             
               
                 Extra
                 .
                 de
                 juram
                 .
                 calum
                 c.
                 quanto
                 .
                 Extra
                 .
                 de
                 judic
                 .
              
            
          
           
             
               
                 Papon
                 tit
                 de
                 jurisd
                 .
                 eccles
                 .
                 Art.
              
               1.
               
            
             
               
                 Papon
                 au
                 titre
                 de
                 la
                 jurisdict
                 .
                 temporelle
                 art
                 .
              
               22.
               
            
          
           
             L●y
             patronage
             ,
             of
             wh●t
             jurisdiction
             .
          
           
             
               G●ido
               Pape
               decis
            
             .
             1.
             et
             352.
             
          
           
             
               Papon
               titre
               de
               la
               jurisdiction
               temporelle
               art
               .
            
             1
             
               Et
               titre
               des
               dismos
               art
            
             .
             9.
             
          
           
             Chap●
             23.
             
               des
               libertez
               de
               l'Eglise
               Gallicane
            
             .
          
           
             
               Articles
               1.
               2.
               3.
               4.
               
                 de
                 l'ordonn
                 .
                 de
                 l'an
              
               1539.
               
               
                 Papon
                 tit
                 .
                 de
                 choses
                 sacreés
                 Art.
              
               2.
               
            
             
               
                 Papon
                 ibid.
                 Art.
              
               3.
               
            
          
           
             
               
                 Ludovicus
                 de
                 Rambe●g
                 in
                 constitutionem
                 Francisc.
                 Latam
                 anno
              
               1539.
               
               Art.
               1.
               
            
             
               
                 Idem
                 Lud.
                 Ramberg
              
               .
            
          
           
             Of
             visi●●tion
             and
             reparation
             of
             Churches
             .
          
           
             
               Iohan.
               Gallu●
               q.
            
             5
             ●7
             .
          
           
             
               P.
               han
               .
               Gallu●
               q.
            
             225.
             
          
           
             
               
                 Papon
                 tit
                 .
                 des
                 choses
                 sacrees
                 ,
                 art
                 .
              
               12.
               14.
               
               &
               15.
               
            
             
               
                 Tit.
                 de
                 la
                 jurisdict
                 .
                 temp
                 .
                 art
                 .
              
               19.
               
               &
               21.
               
            
          
           
             Royall
             Notaries
             ,
             and
             married
             simple
             shavelings
             ,
             of
             what
             jurisdiction
             .
          
           
             
               Cap.
               exparte
               de
               Cleric
               .
               Conjugat
               .
            
          
           
             Adulterie
             ,
             concubinage
             ,
             seisure
             of
             goods
             ,
             of
             what
             cogniz●nce
             .
          
           
             
               In
               Cap
               uni
               .
               de
               Clerici●
               Conjug
               .
               in
            
             6.
             
          
           
             
               L.
               quamvis
               &
               se●●
               .
               C.
               ad
               legem
               Iuliam
               de
               adult
               .
            
          
           
             
               Papon
               .
               tit
               .
               de
               adult
               .
            
          
           
             
               Concord
               inter
               Leonem
            
             10.
             
             
               &
               Francis.
            
             1.
             
               tit
               .
               de
               Public
               .
               Concubin
               .
            
          
           
             
               In
               libro
               composito
               super
               facto
               praelatorum
               .
            
          
           
             
               Gil.
               le
               Maistre
               au
               t●aitte
               des
               appellat
               .
               com
               .
               d'
               ab
               chap.
            
             6.
             
          
           
             
               In
               slylo
               Cur.
               Parl.
               part
            
             .
             3.
             tit
             .
             29.
             
          
           
             Parliaments
             d●p●iv●d
             of
             appeals
             .
          
           
             
               Gilles
               le
               Mais●re
               au
               traicte
               des
               Appellatione
               comme
               d'abus
               .
               chap.
            
             5.
             
          
           
             
               Gilles
               le
               Maistre
               ibid.
            
             
          
           
             Sess.
             7
             cap.
             5.
             
             &
             7.
             
          
           
             Councell
             of
             Trent
             deales
             unjustly
             about
             ●chooles
             and
             Hospitals
             .
          
           
             
               Voyez
               le
               recuell
               des
               Ordonn
               .
               de
               Fonta●on
               .
               Tom.
            
             4.
             tit
             10.
             
               des
               pragmatiq
               .
               Sanct.
               chap.
            
             7.
             
          
           
             Infeodated
             tithes
             of
             what
             jurisdiction
             .
          
           
             a
             
               In
               cap.
               literis
               extra
               de
               juram
               .
               calum
               .
            
          
           
             b
             
               In
               tract
               .
               de
               vita
               spir●
               animae
               &
               in
               prima
               lectione
               supra
               Marc.
               
            
          
           
             c
             
               Ordon
               .
               de
               Hen.
            
             3.
             
               faite
               à
               Melun
               en
               l'ann●e
            
             1580.
             art
             .
             29.
             
          
           
             d
             
               Ordon
               .
               du
               roy
               Charles
            
             9
             
               faite
               au
               chafteau
               de
               Bologne
               les
               Paris
               le
            
             24.
             
             Iuillet
             1568.
             
             
               Ordon
               .
               de
               Bloi●
               art
            
             .
             49.
             
          
           
             e
             
               C'est
               la
               me
               sine
               du
               chafteau
               de
               Bologne
               .
            
          
           
             
               Molineu●
               in
               consuetud
               .
               Paris
            
             .
             §.
             46.
             c●l
             .
             25
             
          
           
             
               Cap.
               prohibemus
               extra
               de
               decimi●
            
             .
          
           
             Administration
             and
             accounts
             of
             Hospitals
             and
             Spittles
             &c.
             of
             vvhat
             jurisdiction
             .
          
           
             
               
                 Edict
                 de
                 Mel●●
                 de
                 l'an
              
               158●
               .
               art
               .
               9.
               
            
             
               
                 Edict
                 .
                 de
                 Cremien
                 .
                 art
                 .
              
               9.
               
            
             
               
                 Edict
                 du
                 moiis
                 de
                 Iuin
                 .
                 de
                 l'an
              
               1559.
               
            
             
               
                 Edict
                 de
                 Iuillet
                 de
                 l'an
              
               1578.
               
               Ordo●●du
               17.
               
               May
               1●82
               .
            
          
           
             Ill
             effects
             of
             exemptions
             .
          
           
             Cap.
             2.
             
             Sess.
             24.
             
             
               In
               ali●●
               Can.
            
             2.
             
             Sess.
             8.
             
          
           
             
               ●●il
               .
               Durant
               .
               Tit.
            
             5.
             
               prim
               .
               part
               .
               tract
               .
               de
               modo
               celebrandi
               Conc.
               General
               .
            
          
           
             
               Bernard
               .
               lib.
            
             2.
             
               de
               considerat
               .
               ad
               Eugenium
            
             .
          
           
             
               Petrus
               de
               Alliaco
               ca.
            
             2.
             
               de
               reform
               Eccles.
            
             
          
           
             
               Iohan.
               de
               Paris
               .
               in
               tractat
               .
               de
               potestat
               .
               Reg.
               &
               Pap.
               c.
            
             19.
             
          
           
             
               Guil.
               Durant
               .
               eod
               .
               loc
               .
            
          
           
             Exemptions
             anciently
             complained
             of
             .
          
           
             
               Can.
               ult
               .
               &
               ibi
               glos
               .
               dist
               .
            
             89
             
               Can.
               ad
               hoc
            
             16.
             q.
             1.
             
               can
               .
               lice●
               ,
               dist
            
             .
             45.
             
               can
               .
               omnes
               Basilicae
            
             .
             16.
             q.
             7.
             
               can
               .
               si
               quis
               Abbas
               .
               can
               .
               cognovimu●
               .
               can
               .
               in
               nullo
               .
               can
               .
               monasteria
               .
               can
               .
               visitandi
               .
               can
               .
               non
               semel
            
             18.
             q.
             2.
             10.
             q.
             1.
             
               per
               totam
               can
               .
               qui
               vere
            
             16.
             q.
             1.
             
               &
               can
               .
               sacrae
               ●ad
               .
               caus
               .
               q.
            
             2.
             
               can
               .
               El●ateriu●
               .
               &
               can
               ser●itium
            
             18.
             q.
             2.
             
               can
               .
               in
               venditionib
            
             .
             17.
             q.
             4.
             
               can
               .
               Abbatib
            
             .
             12.
             q●
             2.
             
               cap.
               de
               synodoch
               .
               ext
               .
               de
               religio
               .
               domib
               .
               cap.
               per
               tuas
               .
               cap.
               omnis
               cap.
               quod
               .
               super
               his
               .
               de
               maior
               .
               &
               o●ed
               .
            
          
           
             
               Marsilius
               Patavinus
               in
               def
               .
               Pac.
               part●
            
             2.
             cap.
             24.
             
          
           
             
               Nicol.
               de
               Cle●
               .
               in
               libello
               de
               ru●●
               .
               et
               reparat
               .
               Eccles.
               five
               de
               corrupto
               Eccles.
               statu
               cap
            
             31.
             
          
           
             
               Iohan
               Gerson
            
             1.
             
               part
               .
               in
               declarat
               .
               de●ectuum
               vir●●
               Eccles.
               num
               .
            
             70.
             
          
           
             Cap
             2.
             
             Sess.
             24.
             
               in
               aliis
               can
            
             .
             2.
             
             Sess.
             8.
             
          
           
             Iurisdiction
             over
             exempted
             persons
             ,
             unjustly
             usurped
             by
             the
             Pope
             .
          
           
             Sess.
             6.
             cap.
             3.
             
          
           
             
               Petrus
               Ribadeneira
               lib.
            
             3.
             
               de
               vita
               Ignatii
               cap.
            
             21.
             
          
           
             Councell
             of
             Trent
             gives
             the
             Pope
             power
             to
             pardon
             criminals
             .
          
           
             Sess.
             13.
             cap.
             5.
             
             
               In
               aliis
               Sess.
            
             3●
             can
             .
             4.
             
             &
             5.
             
          
           
             
               Vid.
               titulos
               de
               poenitentiis
               &
               〈…〉
               lib.
            
             5.
             
             
               D●c●etal
               .
               in
               extravagant●
               Cap.
               super
               literis
               extra
               .
               de
               rescrip●
               .
            
          
           
             The
             Pope
             hath
             not
             power
             to
             pardon
             criminals
             .
          
           
             
               Le●
               rescrip
               .
               C.
               de
               precib●
               Imp.
               offer
               .
               Gratian.
               caus
               .
            
             25.
             q.
             1.
             
               in
               fin
            
             .
          
           
             
               Bellarm.
               Tom.
            
             1
             controvers
             .
             2.
             lib.
             4.
             cap.
             24.
             
          
           
             
               Benedict
               .
               in
               cap.
               Raynutius
               in
               verb.
               et
               uxor
               nom
               Adilus
               .
               Papon
               tit
               .
               de
               grac.
               art
               .
            
          
           
             Chap.
             15.
             et
             16.
             
               des
               libertez
               de
               l'Eglise
               Gallic
            
             .
          
           
             
               Conc.
               Trident.
               Sess.
            
             25.
             cap.
             20.
             
          
           
             Pop●s
             decrees
             ar●●surp●tions
             .
             Many
             of
             them
             no●
             received
             bes●●r●
             the
             Trent
             Councel
             .
          
           
             
               Nicholas
               ●usan
            
             .
             2.
             c.
             11.
             
          
           
             
               Alberi●us
               de
               Rosate
               in
               l.
               Bene●a
               ●enone
               C.
               de
               quad●i●●
               .
               praescrip
               .
            
          
           
             
               Aventinus
               l●
            
             7.
             
               an●al
               Bo●orum
            
             .
          
           
             
               Marsilius
               in
            
             2.
             
               part
               def
               .
               pa●
               .
               c
            
             5.
             
             &
             6.
             
          
           
             
               Idem
               part
            
             .
             ●
             .
             cap
             23.
             
          
           
             By
             what
             de
             g●ees
             Popes
             have
             usurped
             over
             Princes
             ,
             by
             their
             Decrees
             .
          
           
             Pop's
             Decretals
             why
             called
             Canon
             law
             .
             Much
             of
             them
             supposititiotis
             .
          
           
             
               Gregorius
               Haymburg
               .
               in
               confut
               p●imat
               .
               Pap.
            
             2.
             
             
               Confi
               .
               l.
               princip
            
             ,
          
           
             
               Nicolaus
               1.
               
               
                 In
                 epist
                 ad
                 Archiepise
                 .
                 〈◊〉
                 episcopos
                 Galliae
                 .
                 quoe
                 ext●t
                 To.
              
               3.
               
               
                 Biblioth
                 .
                 Patru●
              
               .
            
             
               
                 Et
                 in
                 Can
                 Si
                 Romanorum
                 dist
                 .
              
               19.
               
            
          
           
             
               Vid
               Can.
               de
               libellis
               dist
            
             .
             2●
             .
          
           
             The
             injusti●e
             and
             multitude
             of
             Popes
             Decrees
             ,
             Decre●s
             ,
             &c.
             
          
           
             
               
                 Matth
                 Paris
                 .
                 in
                 Henrico
              
               3.
               p.
               798.
               
            
             
               
                 Et
                 Matth.
                 Westmonast
                 .
                 ●n
                 in
              
               2.
               
                 part
                 .
                 sub
                 ann
              
               .
               1247.
               p.
               217.
               
            
          
           
             
               Cordinalis
               de
               Alliaco
               in
               tract●
               de
               reformat
               .
               Eccles
               cons●d
               .
            
             2.
             p.
             205.
             
          
           
             
               Nicol.
               de
               Clem.
               in
               l.
               deruina
               &
               reparat
               .
               Eccles.
               
            
          
           
             
               Du
               Tillet
               en
               l'
               advis
               sur
               les
               libertez
               de
               l'
               eglis●
               Gallicane
               p.
            
             5.
             
          
           
             The
             ignorance
             ,
             e●●o●s
             ,
             ●nd
             injust●●
             of
             Popes
             Decrees
             ,
             &c.
             
          
           
             
               Catalogus
               testium
               v●r●t
            
             .
             1.
             p.
             49●
             
          
           
             
               Bugnon
               livr●
            
             1.
             chap.
             4.
             
          
           
             Popes
             Decrees
             usu●●e
             ●ver
             civill
             l●wes
             .
             The
             worst
             Popes
             authors
             of
             the
             Decrets
             .
             &c.
             
          
           
             a
             
               
                 Alphonsus
                 de
                 Castro
                 in
                 exord
                 .
                 dist
                 .
              
               20.
               
            
             
               
                 Hostiensis
                 .
                 Ioannes
                 Andr●as
              
               .
            
             
               
                 Cardinalis
                 Florentinus
                 in
                 can
                 .
                 ult
                 .
              
            
             
               
                 Extra
                 .
                 de
                 precar
              
               .
            
             
               
                 Albericus
                 in
                 Lexico
                 .
                 in
                 verbo
                 Gratian.
                 
              
            
             
               
                 Felin
                 .
                 in
                 .
                 c.
              
               2.
               
                 de
                 rescript
              
               .
            
             
               
                 Petrus
                 de
                 Ferrariis
                 in
                 tit
                 .
                 forma
                 inquisit
                 .
                 super
                 verb●
                 hae●
                 est
                 quaed
                 .
              
            
             
               
                 Boerius
                 decis
              
               .
               109.
               
                 &
                 alii
                 ci●tati
                 à
                 Tiraquel
                 la
                 in
                 tract
                 .
                 de
                 nobilit
                 ,
                 cap.
              
               31.
               num
               .
               ●3
               .
            
             
               
                 Francis.
                 Duarenus
                 in
                 prol●
                 lib.
                 de
                 minist
                 .
                 Eccles.
                 
              
            
          
           
             b
             
               Stanislaus
               Hosius
               lib.
            
             2.
             
               de
               legitim
               .
               judic
            
             .
          
           
             c
             
               
                 Vid.
                 Tiraquellem
                 in
                 tract
                 .
                 de
                 nobilit
                 .
                 cap
              
               31.
               num
               .
               537.
               
            
             
               
                 Platina
                 in
                 Greg.
              
               9.
               
               
                 Blondus
                 &
                 Platina
              
               .
            
          
           
             
               Cap.
               Roman
               de
               jurejur
               .
               in
               Clementin
               .
            
          
           
             
               Martinus
               Polonus
               lib
            
             4.
             
               in
               Clemente
            
             5.
             
               sub
               ann
            
             .
             1513.
             
          
           
             
               Mutius
               German
               .
               Chron.
               lib.
            
             24.
             
             
               Et
               Albertus
               Argentinensis
               in
               Chron.
            
             
          
           
             Trent
             Councel
             unjustly
             gives
             the
             Pope
             power
             over
             all
             books
             .
          
           
             
               Nau.
               ler.
               tom
            
             .
             2.
             
             Generat
             .
             44.
             
          
           
             
               Concil
               .
               Trid.
               Sess.
            
             23.
             
               sub
               fin
            
             .
          
           
             Books
             condemned
             writ
             in
             defence
             of
             secular
             Princes
             tigh●s
             .
          
           
             What
             bookes
             prohibited
             by
             Papists
             ,
             &
             why
             .
          
           
             Bull
             
               de
               coena
               Domini
            
             how
             injurious
             to
             lay
             Magistrates
             ,
          
           
             
               
                 Vid.
                 Collectionem
                 diversarii
                 Constitution
                 .
                 Romanorum
                 Pontificum
                 ,
                 insine
                 .
              
            
             
               
                 Et
                 eclogam
                 Bullarum
                 &
                 motuum
                 propriorum
                 .
                 pag.
              
               316.
               
            
          
           
             Popes
             ball
             injurious
             to
             the
             G●lli●ane
             libe●ti●s
             .
          
           
             a
             Cap.
             2.
             
               ejusd
               .
               Bullae
            
             .
          
           
             b
             Cap.
             11
             
               ejusd
               .
               Bullae
            
             .
          
        
         
           Notes for div A10389-e171380
           
             This
             Councell
             whe●ein
             d●rog●to●y
             to
             Princ●s
             .
          
           
             Pri●ces
             griev●nc●s
             against
             the
             Councel
             of
             Trents
             decrees
             .
          
           
             
               Concil
               .
               Trid.
               cap.
            
             15.
             
             Sess.
             7.
             
          
           
             Sess.
             21.
             c.
             4.
             
          
           
             Sess.
             24.
             c.
             13.
             
          
           
             Sess.
             22.
             c.
             8.9
             .
          
           
             Sess.
             22.
             c.
             10.
             
          
           
             Sess.
             22.
             c.
             11.
             
          
           
             Sess.
             24
             can
             .
             19.
             
          
           
             Sess.
             24.
             cap.
             7.
             
          
           
             Sess.
             24.
             c.
             8.
             
          
           
             Sess.
             25.
             c.
             9.
             
          
           
             Sess.
             25.
             c.
             5.
             
          
           
             Sess.
             25.
             c.
             19.
             
          
           
             Epist.
             1
             
               ad
               Corinth
               .
               c.
            
             9.
             v.
             11.
             
          
           
             Iohn
             1.
             8.
             
          
           
             Iohn
             6.
             
          
           
             Th●
             Cl●●gy
             proved
             to
             be
             under
             th●
             jurisdict●ō●f
             〈◊〉
             
          
           
             L●ke
             12
             M●tth
             2●
             .
             M●tth
             .
             17.
             
             I●hn
             19.
             
             L●ke●2
             ●2
             .
             2
             
               Ad
               Timoth.
               Rom.
            
             13.
             
          
           
             ●ct
             .
             25.
             
          
           
             
               Ambros.
               vid.
               Mar●il
               .
               pag.
            
             15●
             
          
           
             
               Gloss.
               secund
               .
               August
               ,
               Marsi●
               .
               pag.
            
             150.
             
          
           
             
               Ch●ysost
               .
               lib.
            
             ●
             .
             
               dialog
               .
               cap.
            
             3.
             
          
           
             
               Claudius
               Esp●●seus
               Theologus
               ●arisiens
               .
               in
               ●omment
               .
               in
               ●pis●
               .
               ad
               ●●●um
               cap
            
             3
             dig●es
             10
             
          
           
             Iurisdiction
             over
             Clerks
             various
             by
             the
             Impe●iall
             law
             .
          
           
             L.
             2.
             
             
               C.
               de
               episc
               .
               audient
            
             .
          
           
             
               L.
               qui
               mos.
               C.
               Theod.
               de
               episc
               .
               Eccles.
               et
               Cler.
               
            
          
           
             
               
                 L
                 ult
                 .
                 C.
                 Theod.
                 eod
                 .
              
            
             
               
                 L
                 ult
                 .
                 C.
                 Theod.
                 de
                 episc
                 judic
                 .
              
            
             
               
                 L.
                 cum
                 Clerici●
                 .
                 C.
                 de
                 episc
                 .
                 &
                 Cler.
                 
              
            
             
               
                 L.
                 decernimus
                 C.
                 de
                 episc
                 .
                 audi
                 .
              
            
             
               
                 L.
                 Omnes
                 C.
                 de
                 episc
                 .
                 audient
                 .
              
            
             
               
                 L.
                 jubemus
                 .
                 §
                 omes
                 .
                 C.
                 de
                 episc
                 .
                 aud
                 .
              
            
          
           
             
               
                 Iustinian
                 .
                 Novell
              
               .
               79.
               
            
             
               
                 Idem
                 Novell
              
               .
               83.
               
            
          
           
             
               Idem
               Novell
            
             .
             123
             cap.
             8.
             
          
           
             L.
             1.
             
             
               C.
               Th.
               de
               episc
               .
               judi●
               .
               Sidonius
               epist.
            
             8.
             lib.
             5.
             
          
           
             
               L.
               Si
               quis
               ex
               consensu
               .
               C.
               de
               episc
               .
               audient
               .
            
          
           
             Ancient
             lawes
             doe
             not
             bind
             p●esent
             Princes
             .
          
           
             
               L.
               episc
               .
               C.
               eod
            
             .
          
           
             
               In
               §.
               haec
               si
               qui●
               post
               Can.
               omnes
               .
               Caus.
            
             11.
             l
             1.
             
          
           
             
               
                 Carolus
                 Magnus
                 in
                 capitul
                 .
                 lib.
              
               ●
               .
               cap.
               28.
               
            
             
               
                 Can.
                 qui●un●ue
                 Can.
                 Omnes
                 .
                 Can.
                 Volumus
                 .
                 Caus.
              
               11
               ,
               q.
               1.
               
            
          
           
             
               Cap
               novit
               de
               judiciis
               extra●
            
          
           
             
               Francisc.
               Duarenus
               .
               l.
            
             1.
             
               de
               Sacro
               Eccl.
               minist
               c.
            
             2.
             
          
           
             
               Ordon
               .
               de
               l'an
            
             1539.
             art
             .
             1.2
             .
          
           
             The
             power
             of
             Civill
             Lawes
             .
          
           
             
               Can.
               hoc
               jure
               dist
            
             .
             8.
             
          
           
             Church-goods
             disposed
             of
             by
             Princes
             .
          
           
             
               L
               2.
               
                 C.
                 Theod.
                 de
                 haeretic
              
               .
            
             
               
                 L.
                 Episc.
                 p.
                 C.
                 Th.
                 de
                 fid
                 Cath.
                 
              
            
             
               
                 L
                 ●uncti
                 .
                 C
                 de
                 haeret●●i●
                 .
              
            
          
           
             
               
                 Can.
                 quoniam
                 .
                 dist
              
               .
               10.
               
            
             
               
                 Et
                 Can.
                 Cum
                 ad
                 verum
                 .
                 dist
                 .
              
               96.
               
            
          
           
             
               Abbas
               Vspergensis
               in
               Chron.
               sub
               ann
               .
            
             1116.
             
          
           
             
               
                 Concil
                 .
                 Tolet.
              
               3.
               ca.
               21.
               tom
               .
               2.
               
                 conc
                 pag.
              
               866.
               
            
             
               
                 Concil
                 .
                 Tolet.
              
               4.
               tom
               .
               3.
               
               
                 Conc.
                 pag.
              
               68.
               
            
          
           
             Eccl●si●sticall
             jurisdiction
             de●ived
             f●om
             Princes
             .
          
           
             
               Synod
               .
               Suesson
               .
               Tom
            
             3.
             
             Concil
             .
          
           
             
               Synod
               .
               Mogunt
               .
               sub
               Rhaban
               .
               c.
            
             17.
             tom
             3.
             
             
               Conc.
               pag.
            
             836.
             
          
           
             
               D
               Bernard
               .
               lib.
            
             2.
             
               de
               consid
               .
               ad
               Eugen.
               Pap.
               
            
          
           
             
               Ioannes
               de
               Paris
               .
               in
               tractat
               .
               de
               potest
               .
               regia
               et
               Papal●
               in
               pro.
               
            
          
           
             
               Idem
               Ioannes
               de
               Paris
               cap.
            
             8.
             
          
           
             
               Marsilius
               in
               de●ensor
               .
               pacis
               ca.
            
             25.
             part
             .
             2.
             
          
           
             Princes
             m●y
             impose
             t●●bute
             ●pon
             Cl●●ks
             .
          
           
             
               Marsilius
               part●
            
             2.
             cap
             17.
             
          
           
             
               
                 Ambros
                 in
                 Epist
                 .
                 de
                 tradend
                 .
                 Basilio
                 .
              
            
             
               
                 Hugo
                 de
                 Sancto
                 Victore
                 in
                 tract
                 .
                 de
                 Sacrament
                 .
                 Marsil
                 part
                 .
              
               2.
               cap.
               21.
               
            
          
           
             
               
                 AEneas
                 Sylvi●●
                 deortu
                 &
                 authorit
                 .
                 Imper.
                 cap.
              
               6.
               
            
             
               
                 Barthol
                 .
                 Chassaneus
                 in
              
               4.
               
                 part
                 .
                 Catalogi
              
               .
            
          
           
             
               Can.
               Si
               tributum
            
             .
             11.
             q.
             1.
             
          
           
             
               Can.
               magnum
            
             .
             11.
             l.
             1.
             
          
           
             
               Can.
               tributum
            
             23.
             q.
             8.
             
          
           
             Clergie
             how
             f●r
             exempted
             from
             taxes
             .
          
           
             
               
                 L
                 de
                 iis
                 Clericis
                 .
                 C
                 de
                 Episcop
                 et
                 ●leri●
                 .
              
            
             
               
                 L.
                 placet
                 .
                 ●
                 .
                 de
                 sa●r●sanct
                 Ec●l
                 .
              
            
             
               
                 L
                 ad
                 ins●ructunes
                 C.
                 eod
              
               .
            
             
               
                 L.
                 ut
                 ●t
                 .
                 L
                 omnis
                 Ecclesiarum
                 .
                 C.
                 Th.
                 de
                 ●pis●●p
                 .
                 Eccles.
                 et
                 Clerie
              
            
             
               
                 L
                 sub
                 mus
                 .
                 C.
                 ●odem
                 .
              
            
             
               
                 L
                 neminem
                 .
                 C.
                 ●odem
              
               .
            
             
               
                 L
                 ●ubemus
                 C.
                 eodem
              
               .
            
             
               
                 L
                 ●
                 .
                 ●●●d
                 .
                 Cap.
              
               1.
               
                 de
                 immunitat
                 Eccles.
                 in
              
               6.
               
            
          
           
             
               V.
               Ioan.
               Ferrant
               in
               tract
               de
               jurib
               .
               &
               privi
               .
               reg
               Franc.
               c.
            
             17
             
               ●ancelot
               .
               Conrad
               in
               templo
               omn.
               judic
               .
               lib.
            
             1.
             cap.
             2.
             
             §.
             3.
             num
             .
             10.
             
          
           
             Cap.
             1
             
               de
               immunit
               .
               Eccles.
               in
               ●●
            
          
           
             
               V●notas
               ad
               d
               c.
            
             1.
             
               de
               im●●nit
               .
               Ec●les
               .
               in
            
             6.
             
          
           
             
               Vid
               E●logam
               Bullarium
               &
               motuum
               propri●rum
               pag.
            
             316.
             
          
           
             
               Cap.
               Clericis
               lutcos
               .
               de
               immunit
               Eccles.
               
            
          
           
             P●ying
             of
             tēths
             an●
             subsidie●●rohibi●ed
             by
             Pope
             .
          
           
             
               
                 Cap
                 Quod
                 oli●
                 de
                 ●●munit
                 .
                 Eccles.
                 lib.
              
               3.
               
               Extra
               .
            
             
               
                 Aut
                 imposita
                 etia●
                 a
                 sponte
                 dantibus
                 &
                 concedentibus
                 recipiunt
                 .
              
            
             
               
                 Ioannes
                 P●trus
                 de
                 Ferrariis
                 in
                 ●orma
                 libelli
                 pro
                 haeredit
                 .
                 vel
                 sin●ul
                 re
                 in
                 verb.
                 omnis
                 communio
                 pag.
              
               ●08
               .
            
          
           
             
               Idem
               de
               Ferrariis
               in
               form
               .
               libel
               quo
               agit
               ex
               substitut
               .
               in
               verb
               ex
               suo
               corpore
               .
            
          
           
             Excommunications
             abused
             against
             Princes
             .
          
           
             
               V.
               Ep.
               Leodiens
               .
               To.
            
             2
             
               Conc.
               in
               edition
               .
               Colon.
               p.
            
             809.
             
          
           
             Epist.
             Hincmari
             Rhemensis
             Episc
             .
             ad
             Adrian
             .
             Pap.
             
          
           
             Th●
             King
             of
             F●ance
             his
             pri●iledge
             .
          
           
             
               Lanc.
               Conrad●
               Lauden●is
               in
               templo
               omnium
               judic
               .
               lib.
            
             1.
             c.
             2.
             
             §.
             3.
             num
             .
             13●
             
          
           
             Kings
             of
             France
             not
             excommunicable
             .
          
           
             
               Ivo
               ep
            
             .
             123.
             
          
           
             
               Ivo
               ep
            
             .
             195.
             
          
           
             K●ngs
             and
             ●heir
             ●hild●en
             ●o●●x●ommunic●ble
             .
          
           
             Priests
             preferd
             before
             Princes
             by
             this
             Councell
             .
          
           
             
               Concil
               .
               Trid.
               Sess.
            
             25.
             cap.
             17
             
          
           
             
               Cap.
               Solitae
               .
               extr●
               .
               de
               majorib
               .
               &
               obedient
               .
            
          
           
             Popes
             (
             by
             their
             account
             )
             how
             much
             greater
             ●h●n
             Empe●o●s
             .
          
           
             
               Can.
               Quis
               dubit
               et
               .
               dist
               .
            
             96.
             
          
           
             
               Can.
               Si
               Impe●ator
               .
               dist
            
             .
             96.
             
          
           
             
               Cap.
               Omnis
               .
               extra
               .
               de
               major
               .
               et
               obedient
               .
               pag.
            
             423.
             
          
           
             Humilitie
             of
             ancient
             Popes
             .
          
           
             
               Gregor
               in
               regist
               .
               indict
            
             .
             13.
             lib.
             4.
             
             Epist.
             29.
             
          
           
             Princes
             hovv
             respected
             ancien●ly
             by
             Popes
             .
          
           
             
               
                 Appendix
                 Eutropii
              
               .
            
             
               
                 Antonius
                 de
                 gestis
                 Francorum
                 lib.
              
               4.
               c.
               10
               :
               
                 Guicciardin
                 .
                 lib
              
               2.
               
                 hist.
                 Ital.
              
               
            
          
           
             
               Synodus
               Meldensis
               extat
               tom
            
             3.
             
             
               Concil
               .
               pag.
            
             870.
             
          
           
             
               Marsil
               .
               cap.
            
             21.
             part
             .
             2.
             pag.
             318.
             
             
               Petr●s
               de
               Ferrariis
               in
               form●
               libelli
               quo
               agi●
               ex
               substit
               .
               in
               ver
               .
               ex
               suo
               co●po●●
               .
            
          
           
             Kings
             the
             def●ndours
             of
             the
             Church
             .
          
           
             
               Vid
               libellum
               de
               Eccles
               Gallic
               .
               in
               schismat
               p.
            
             15
             
          
           
             
               Remonstrance
               de
               la
               Cour
               de
               Parlement
               de
               Paris
               art
               .
            
             3.
             
          
           
             2
             
               Chron.
               cap.
            
             19.
             vers
             .
             3,4,5
             ,
             12
             ,
             15.
             
          
           
             2
             King.
             18.4
             .
          
           
             Ki●gs
             su●rem●c●e
             anciently
             allowed
             .
          
           
             2
             King.
             c.
             2●●●
             
          
           
             
               Zonar●s
               tom●
            
             3.
             pag.
             38.
             
          
           
             
               Vid
               de●ret
               .
               Bon●f
               .
               Papae
               in
               dec●eto
               Isidori
               .
            
          
           
             
               Gregor
               .
               in
               Regist
               .
               Indict
               .
            
             4.
             l.
             9.
             ep
             .
             60.
             
          
           
             
               Idem
               Greg.
               in
               Regist.
               Indict
            
             .
             12.
             l.
             4.
             ep
             .
             53.
             
          
           
             
               Idem
               Greg.
               In●dict
            
             .
             4.
             l.
             9.
             ep
             .
             54
             
          
           
             
               V
               Scriptores
               co●taneos
               Pithoei
               p.
            
             499.
             
          
           
             
               Ioan
               de
               Paris
               .
               in
               t●act
               .
               de
               por
               .
               Reg●
               et
               Papal
               .
               c.
            
             21.
             
          
           
             P●inces
             to
             see
             t●
             the
             ●●format●on
             of
             the
             Church
             .
          
           
             
               Clau.
               Espens
               .
               Th●●l
               Paris
               .
               in
               epist.
               a●
               Titu●
               .
               ●ap
               .
            
             3.
             digress
             .
             10.
             
          
           
             
               Naucler
               gene
            
             .
             ●
             5.
             p.
             152.
             
          
           
             
               R●deni
               .
               l.
            
             2.
             cap.
             43.54.55.64
             .
             65.
             
          
           
             
               Germanicor
               .
               Chronic.
               l.
            
             27
             ●
             .
             271.
             
             
               Naucl.
               gen
            
             .
             48.
             
          
           
             
               Naucler
               .
               gener
            
             .
             48.
             p.
             275.
             
          
           
             
               Acta
               Concilii
               Pisani
            
             .
             2.
             
          
           
             Princess
             to
             see
             to
             ●he
             reformation
             of
             ●he
             Chu●●h
             .
          
           
             
               Guliel
               .
               Neubrigensis
               l.
            
             4.
             c.
             1.
             
          
           
             
               Epis●ola
               Vniversitatis
               Paris
               .
               ad
               Carolum
            
             6.
             p.
             7.
             
          
           
             Pe●●tions
             made
             to
             Kings
             for
             reformation
             .
          
           
             
               Conrad
               de
               Gerlenhusen
               praepositus
               Ec●les
               Wormat.
               in
               tract
               .
               de
               S●hismate
               pag.
            
             96.
             
          
           
             
               Nauclerus
               generat
            
             .
             48.
             
          
           
             Church-lawes
             made
             by
             Emp●●ou●s
             .
          
           
             
               Claudiu●
               Espenseu●
               in
               commen
               .
               in
               Epist
               ad
               Titum
               cap.
            
             3.
             digress
             .
             10.
             
          
           
             Church
             discipline
             anciently
             prescribed
             by
             Kings
             .
          
           
             D●ut
             .
             c●p
             .
             17.
             ve●s
             .
             18,19
             .
          
           
             Iosh.
             1.8
             .
          
           
             1
             Chron.
             c.
             23.
             vers
             .
             2,4
             .
          
           
             Vers.
             5.
             
          
           
             Vers.
             6.
             
             Ve●s
             .
             13.
             
          
           
             1
             Chron.
             c.
             22.
             vers
             .
             9,10
             .
          
           
             2
             Chron.
             c.
             24.
             vers
             .
             4,5,6,8
             .
          
           
             Vers.
             7,8
             .
          
           
             
               Capi●ul
               .
               Caroli
               .
               Magni
               in
               praes
               .
            
          
           
             P●●nc●s
             may
             not
             preach
             nor
             administer
             the
             Sacraments
             .
          
           
             
               Regino
               sub
               ann
            
             .
             81●
             .
          
           
             2
             Ch●
             .
             29.
             11.
             
          
           
             2
             Ch●on
             .
             26.
             16.
             
             &c.
             
          
           
             
               Sleidan
               lib.
            
             1●
             .
             not
             con●●●dicted
             by
             Surius
             and
             Fontanus
             .
          
           
             
               Balsamo
               in
               c.
            
             696
             
               Synod●
               in
               Trullo
               .
               p.
            
             238.
             
          
           
             Kings
             pow●r
             in
             the
             Church
             confes'd
             by
             Councels
             .
          
           
             
               Sexta
               Synod
               .
               in
               Trullo
               .
               c.
            
             38.
             
             
               Et
               Balsamo
               in
               candem
               p.
            
             219.
             
          
           
             
               Mart.
               p.
            
             336.
             
          
           
             
               Can
               Constantin●s
            
             .
          
           
             
               Can.
               Omnes
               .
               dist
            
             .
             22.
             
          
           
             
               Appendix
               ad
               Martinum
               Polonum
               in
               Ioan.
            
             22.
             
               sub
               ann
            
             .
             1317.
             
          
           
             E●clesi●sticall
             law●s
             made
             by
             Empe●ou●s
             .
          
           
             
               Can.
               de
               illicita
               .
               caus
            
             .
             24.
             q.
             3.
             
          
           
             
               
                 Conc.
                 Meldens
                 .
                 Cap.
              
               78.
               
               To.
               3.
               
               Concil
               .
            
             
               
                 Conc.
                 Meldens
                 .
                 Cap
              
               28.
               
               Tom.
               3.
               
               
                 Con●
                 .
                 p.
              
               872.
               
            
          
           
             
               ●apit
               Car●li
               Mag●●
               ,
               l
            
             ,
             1
             c
             91
             
          
           
             
               Can.
               secundum●
            
             23
             q.
             8.
             
          
           
             
               Con●
               .
               Ticinens
               .
               c.
            
             11.
             tom
             .
             3.
             
             
               Conc.
               pag.
            
             894.
             
          
           
             
               L.
               Cum
               recta
               .
               C.
               de
               summa
               trinitate
               .
            
          
           
             
               L.
               Cum
               velim●●
               C.
               de
               Sa●●os●ncta
               Eccles.
               
            
          
           
             Church
             lawes
             made
             by
             Princes
             ,
             admitted
             by
             Popes
             .
          
           
             
               Concilium
               Tribunarium
               apud
               Rhab●num
            
             .
          
           
             
               
                 Marsili●s
                 Paduanus
                 in
                 defens
                 .
                 pacis
                 .
                 cap.
              
               21.
               pag.
               318.
               
            
             
               
                 Can.
                 de
                 Capitul●●
              
               19.
               dist
               .
               10.
               
            
          
           
             
               Can.
               legem
               .
               dist
            
             .
             53.
             
          
           
             
               Can
               Quis
               aut
               leges
               .
               dist
               .
            
             54.
             
          
           
             
               Can
               Si
               inter
               .
               Caus.
            
             6.
             quaest
             .
             4
             
          
           
             
               Vid.
               ●us
               Graeco-Romanum
               .
               to
            
             .
             1.
             lib.
             5.
             pag●
             517.
             
          
           
             Spanish
             and
             French
             quarrell
             for
             prec●dence
             .
          
           
             
               Of
               this
               point
               ●●e
               more
               in
               
                 Vignier
                 de
                 Bar.
                 Augustinum
                 Cravaliz
              
               ,
               and
               other
               Authors
               c●●ed
               by
               M.
               Selden
               ,
               Tules
               of
               honour
               .
            
             
               Part.
               1.
               
               Chap.
               ●
               .
            
          
           
             
               Ad
               finem
               Sess.
            
             25
             Decemb.
             4●
             
          
           
             
               V.
               Historiam
               Concilii
               Trid.
               lib.
            
             8.
             
          
           
             Protestations
             of
             the
             Ambass●dou●s
             .
          
           
             
               Extat
               haec
               protestatio
               &
               responsio
               in
               Actis
               Concilii
               Trid.
               Lugduni
               impressis
               apud
               Rovillium
               ann
               .
            
             1566.
             pag.
             285.
             
          
           
             〈…〉
             .
          
           
             French
             took
             place
             anciently
             ,
             as
             at
             the
             Lateran
             Councell
             .
          
           
             
               
                 Greg.
                 Maguus
                 in
                 registro
                 l.
              
               5.
               c.
               106.
               
            
             
               
                 Responsio
                 Conc.
                 Trid
                 ad
                 Marchionem
                 Piscar
                 .
              
            
          
           
             
               Stanislaus
               Hosius
               l.
            
             1
             
               de
               legit
               .
               ju●iciis
               circa
               Principium
               .
            
          
           
             
               AEneas
               Sylvius
               l.
            
             1.
             
               commentar
               .
               Concil
               .
               Basil.
            
             
          
           
             Opinions
             of
             D●ctours
             conce●ning
             p●eceden●i●
             .
          
           
             a
             
               B●ldus
               consil
            
             .
             418.
             
          
           
             b
             
               Idem
               in
               commen●
               .
               ad
               librum
               de
               feudis
               tit
               .
               de
               prohibit
               feud
               .
               alienat
               p●r
               Freder
               .
               num
               .
            
             24
             
          
           
             c
             
               Alber●●us
               de
               Rosat
               in
               rubr
               .
               Digest
               .
               de
               stat
               .
               ●●●in
               .
            
          
           
             d
             
               Anton
               Corset
               .
               in
               tract
               .
               de
               potest
               reg
               quaest
               .
            
             21.
             
             &
             2●
             .
          
           
             e
             
               Guido
               Pap●
               de
               〈◊〉
            
             239
             
               Nicolaus
               Boer●u●
               in
               ad
               li●●on
               .
               ad
               t●actat
               .
               de
               authorit
               .
               Sacr.
               mag
               .
               Concil
               .
               ●hassanaeus
               in
            
             5
             
               parte
               Catalogi
               Gloriae
               mundi
               confid
            
             .
             31.
             
          
           
             f
             
               Bonifacius
               de
               Vitaliani●
               in
               prefat
               super
               Clement
               .
            
          
           
             g
             
               Suida●
               in
               verbo
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               .
               ●ancelot
               .
               Con●adus
               Laudens●●
               in
               Templo
               omnium
               judicum
               .
               lib.
            
             1.
             cap.
             2.
             
             §.
             3
             num
             .
             12.
             
          
           
             Pius
             the
             4.
             his
             double
             dealing
             in
             this
             point
             of
             precedency
             .
          
           
             
               Onuphrius
               in
               Pio
            
             4.
             
          
           
             Coun●●ll
             of
             Trent
             inj●●●ous
             to
             of●c●●s
             of
             the
             Cou●●s
             ●f
             P●●li●ment●
             
          
           
             Sess.
             24.
             c.
             19.
             
          
           
             
               
                 Recueil
                 des
                 libertez
                 de
                 l●glise
                 Galli●ane
                 .
                 chap
              
               31.
               
            
             
               
                 V.
                 Molineum
                 in
                 Regal
                 .
                 Cancellar
                 .
                 de
                 infir
                 .
                 resi●n
                 num
                 .
              
               224.
               
                 &
                 seq
              
               .
            
             
               
                 Le
                 recueil
                 de●
                 Ordonnances
                 de
                 Fon●anon
                 tom
                 .
              
               ●
               
                 au
                 titre
                 De
                 l'indul●
                 Papon
                 au
                 recueil
                 d'
                 Arrests
                 〈◊〉
                 des
                 mandats
                 &
                 indults
                 .
                 Art.
              
               1.
               
            
          
           
             Pr●s●ntations
             made
             by
             kings
             .
          
           
             Secular
             M●gi●●●●tes
             pow●r
             i●
             excommunications
             .
          
           
             a
             
               Papon
               ●u
               re●ue●●d
               Arrests
               ,
               t●t●d
               excommunications
               &
               cens
               .
               Eccles.
               
            
          
           
             b
             
               Imbert
               .
               li.
            
             1.
             
               des
               ins●it
               sorens
            
             .
          
           
             c
             
               Iustinian
               .
               i●
               l.
               cum
               recta
               .
               in
               l.
               cum
               velimus
               .
               C.
               de
               sum
               .
               Trinitat
               .
               Et
               in
               novell
               .
               de
               sanct●ss
               .
               Epis●
               .
               c.
            
             11.
             
          
           
             d
             
               Carolus
               Magnus
               Capit.
               lib.
            
             1.
             cap.
             36.
             
          
           
             e
             Charles
             9.
             
               e●
               l'Ordon
               .
               d
               Orleans
               art
               .
               18.
               &
               en
               l'Ordon
               .
               de
               l'an
               1571.
               art
               .
               18.
               
               Glaber
               Radulphus
               hist.
               lib.
            
             5.
             
               cap.
               ul●
               .
               Papon
               au
               re●u●●l
               d'arrests
               tit
               .
               d'appellation
               comme
               d'abut
               .
               art
               .
            
             4.
             
             
               Recueil
               des
               ●●bertez
               de
               l'eglise
               Gall●●an
               art
               .
            
             29.
             
          
           
             Popes
             c●nsures
             injurious
             to
             Lay
             Iudges
             .
          
           
             
               〈◊〉
               l.
            
             2.
             
               de
               〈…〉
            
             .
             4.
             
          
           
             
               Vide
               articul●s
               〈◊〉
               p●o
               posit●s
               per
               Petrum
               de
               Cu●eriis
               qui
               ext●nt
               .
               apud
               ●●scum
               Post
               ●ractat
               .
               de
               regal●s
               .
            
          
           
             a
             
               De
               Cugnertia
               art
            
             2.
             
          
           
             b
             
               Idem
               art
            
             .
             14.
             
          
           
             c
             Art.
             15.
             
          
           
             d
             Art.
             29.
             
          
           
             e
             Art.
             30.
             
          
           
             f
             Art.
             ●3
             et
             .
             35.
             
          
           
             g
             Art.
             35.
             
          
           
             h
             Art.
             12.
             
          
           
             i
             Art.
             13.
             
          
           
             k
             Art.
             48.
             
          
           
             l
             Art.
             3.
             
          
           
             m
             Art.
             10.
             
          
           
             n
             Art.
             4.
             
          
           
             o
             Art.
             5.
             
          
           
             p
             Art.
             11.
             
          
           
             q
             Art.
             43.
             
          
           
             r
             Art●
             22.
             
          
           
             s
             Art.
             50.
             
          
           
             t
             Art.
             28.
             
          
           
             Abus●s
             ●f
             〈…〉
             .
          
           
             u
             Ar●
             .
             37.
             
          
           
             
               Vi●
               Centum
               〈…〉
               ●●
            
             .
          
           
             Cap.
             25.
             
          
           
             ●●p
             .
             3●
             .
          
           
             Th●s●
             Arrests
             h●v●
             beene
             of
             ten
             P●●n●ed
             ,
             and
             m●y
             bee
             found
             in
             the
             fourth
             Tome●
             
               Du
               re●u●il
               de
               〈◊〉
               del●●ligue
            
             .
          
           
             
               
                 Natalis
                 Comes
                 hist.
                 lib.
              
               14.
               p.
               298.
               
            
             
               
                 Idem
                 lib.
              
               13.
               pag.
               300.
               
            
             
               
                 Centum
                 grav●minac
              
               .
               34.
               
               
                 Can
                 Episcop
                 .
                 Et
                 Can
                 m●ll●●a●erdotumen
              
               21.
               l.
               ●
            
          
           
             None
             to
             be
             excommunicate
             for
             triviall
             matters
             .
          
           
             
               Histoire
               de
               Rheins
               l.
            
             2
             c.
             5.
             
             
               Guilielm
               .
               Durand
               .
               de
               Conc.
               Tit.
            
             38.
             part
             .
             2.
             
          
           
             
               Marsil
               .
               part
            
             .
             2.
             cap.
             23.
             
          
           
             
               Petrus
               de
               Alliaco
               in
               tract
               .
               de
               reform
               .
               Eccles
               .
               c●nfiderat
               .
            
             2.
             p.
             205.
             
          
           
             
               Nicholaus
               de
               Clemangiis
               in
               lib.
               de
               ruina
               &
               reparat
               .
               Eccles
               .
               p.
            
             46.
             
          
           
             Wh●ther
             ●elig●o●●
             p●●sons
             〈…〉
             
          
           
             
               Con●ll
               ●ri●
               .
               Sess
            
             25.
             
             ●
             .
             2.
             
             &
             16.
             
          
           
             
               O●don
               ●
               Orle●ns
               Art.
            
             19.
             
          
           
             
               Benedict
               .
               in
               re●pi●
               .
               〈◊〉
               Raynutius
               in
               verb
               ut
               uxorem
               nom
               .
               Adelas
               .
               ●
               .
            
             220.
             
             
               Ordon
               .
               de
               Bloi●
               de
               l'an
            
             1579.
             
             Art.
             28.
             
             Sess.
             25.
             c.
             1.
             
          
           
             Sess.
             25
             c.
             2●
             .
          
           
             See
             the
             collection
             ●f
             all
             th●●
             p●st
             ●t
             ●he
             S●a●e●
             of
             
               ●l●i●
               de
               l
               an
            
             1576.
             p.
             19.
             
          
           
             
               
                 Benedict
                 .
                 in
                 cap.
                 R●ynutius
                 in
                 verb.
                 in
                 eod
                 .
                 test
                 .
                 ●elinq
                 nu
                 .
              
               126.
               
            
             
               
                 Ioannes
                 Gallu●
                 q.
              
               62.
               
            
             
               
                 V●yez
                 Papon
                 au
                 recueil
                 de●
                 Arrests
                 ●it
                 .
                 des
                 Religieux
                 Mendian●●
                 Art.
              
               ●
               .
            
          
           
             Religious
             persons
             uncapable
             of
             temporall
             reven●wes
             .
          
           
             
               
                 Voyez
                 Papon
                 au
                 recueil
                 d'Arrests
                 tit
                 .
                 Des
                 Religieux
                 Mendians
                 .
                 art
                 .
              
               5
               
                 Recueil
                 des
                 libertez
                 de
                 l'Eglise
                 Gallicane
                 chap.
              
               20.
               
            
             
               
                 Papon
                 au
                 recueil
                 des
                 Arrests
                 .
                 tit
                 .
                 de
                 Religieux
                 Mendians
                 art
                 .
              
               6.
               
            
             
               
                 V.
                 Ioannem
                 Gallum
                 quaest
              
               .
               244.
               
            
          
           
             
               
                 Guil.
                 Benedict
                 .
                 in
                 cap.
                 Raynutius
                 .
                 in
                 verb.
                 &
                 uxor
                 .
                 nom
                 .
                 Adelas●
                 num
                 .
              
               219.
               
            
             
               
                 Voyez
                 aussi
                 les
                 or
                 donn
                 Concil
                 Trid.
                 Sess.
              
               25.
               cap.
               2.
               
            
          
           
             
               Papon
               au
               recueil
               d'Arrests
               tit
               .
               d'alienation
               ●ccles
               .
               tit
               .
            
             5.
             6.
             
          
           
             Who
             may
             convert
             legacies
             .
          
           
             This
             Councel
             ●uts
             off
             all
             hopes
             of
             union
             .
          
           
             This
             Councel
             ●gainst
             all
             toleration
             of
             Protestant●
             .
          
           
             
               
                 Voyez
                 le
                 remonstrance
                 sur
                 la
                 requeste
                 presentee
                 p●r
                 la
                 nobl●sse
                 a
                 Madame
                 de
                 Parm●sur
                 les
                 inconveniens
                 ●rovenus
                 de
                 l'
                 inquisition
                 imprime●●
                 Anuers
                 .
                 l
                 an
              
               1566.
               
            
             
               
                 Vide
                 indicem
                 librorum
                 prohibitorum●
                 &
                 regulas
                 ibi
                 positas
                 L.
                 Mani●hoeos
                 .
                 L
                 Arrian
                 .
                 l.
                 quicunque
                 l.
                 cognominis
                 l.
                 quoniam
                 C.
                 de
                 Haeretic
                 .
                 &
                 Manich.
                 
              
            
          
           
             a
             
               Vide
               Cap.
               praesidentes
               &
               ●a
               inquisitioni●
               de
               Haeretico
               in
            
             6.
             
             Clement
             .
             1.
             2.3
             .
             Extravag
             .
             1.
             
             &
             3.
             
               de
               Haer.
            
             
          
           
             b
             
               Vide
               directo
               .
               inquisitori
               .
               Nicola●
               Eymerici
               .
               Item
               collection
               .
               divers
               .
               constitut
               part
               .
            
             1.
             pag.
             351
             part
             .
             2.
             p.
             116.
             
          
           
             c
             
               Extat
               in
               collectione
               diversa●um
               constitut
               .
               &
               litterar
               Roman
               .
               Pontif.
               excus
               Roma
               ann
               .
            
             1517.
             
               in
               tert
               .
               part
               .
               p.
            
             72.
             
             
               Excommunicamus
               &
               anathematizamus
               quoscunque
               Vssitas
               ,
               Viclevitas
               ,
               Lutheranos
               ,
               Zuinglianos
               ,
               Calvinistas
               ,
               Vgonotos
               ,
               Anabaptistas
               ,
               Trinit●rios
               ac
               omnes
               ,
               et
               alios
               singulos
               alios
               h●reticos
               ipsorumque
               receptatores
               &
               fautores
               ,
               e●
               generaliter
               quoslibet
               defen
               .
            
          
           
             This
             Councell
             disl●k●d
             by
             Papists
             .