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.

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 De∣crees of the Councell of Trent, That the Pope is above a Councel; yet it is such an easie mat∣ter 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 ar∣guments 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 comminati∣on of punishments and penalties; and that of his own authoritie he comman∣ded 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 convo∣cation 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 re∣formation 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 reser∣ved.

4 In the third place, Because they give unto him power to declare, inter∣pret, 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 con∣firmation from the Pope of all and every such things as were there by them or∣dained 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 crea∣tion of Cardinals, the according of Princes, and other things of like na∣ture

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 fa∣culties of their Legats; namely the power of derogating from General Coun∣cels.

12 And lastly, Because they treated and resolved upon nothing in that Coun∣cell, 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 authori∣ty 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 mil∣der 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 au∣thority

cannot dissolve, nor transferre, nor protract o Generall Councell lawfully assembled, without its consent. This very resolution was received and appro∣ved 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 dis∣solution 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 com∣manded 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 interve∣ning. 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 delibera∣tion at all about it in the Councell; howbeit that Bull containes some as per∣emptory 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 Reve∣rend fathers returned from Bonony to Trent, without ever finding fault with that clause which aimed directly at them: yea without ever giving their voi∣ces, or consulting about this second translation; but only about the resumpti∣on 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 o∣ver 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 inten∣tion) 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 rai∣sed 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 of∣fended 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 con∣tinue at Basil, with all respect and reverence unto it, and without any haugh∣ty 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. Not∣withstanding 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 rea∣son 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 what∣soever 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 ef∣fect. 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 so∣ever he bee: and whether he bee of dignitie Imperiall, Royall, Cardinall, or what∣soever 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 Aposto∣lique. II. Secondly, he casseth and declareth, that what was done by the Coun∣cel 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 op∣pose 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, in∣asmuch 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 de∣posed from his Popedome. Whereas these on the contrary have wonne the day, and triumphed over the Councell, over Emperours, and Princes, yea in∣deed over all Christendome. These denouncings of punishments are formal∣ly 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 appro∣bation.

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 ano∣ther 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 admoniti∣ons and censures as are said to be pronounced against us, and that namely summo∣ning 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 en∣crease 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 trans∣ferred 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 a∣gainst him as a prevaricator and contumacious person. Eugenius being moved with these words, confirmed the Councell of Basil by his Apostolicall letters, gi∣ving 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 consi∣deration 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 Sar∣dis. 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 re∣proofe, might alter and change all things concerning manners and Ecclesi∣asticall 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 judge∣ment 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 dis∣penseth 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 ob∣servation: All the Princes and people of Christendome grone after a reformati∣on 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 con∣fesseth 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 extir∣pating 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. Whereup∣on 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 Con∣stance 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 up∣on just cause to abridge it. Our Trent Fathers were of another opinion: ha∣ving 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 apprehen∣sive 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 commo∣tion, 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 them∣selves 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 De∣crees 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 Provin∣ciall 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 Pa∣triarchall 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 crea∣ted 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 du∣ring 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 quali∣ty soever to the dignity of Cardinall, by any meanes or upon any pretence what∣soever.

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 quar∣rels and controversies amongst them. The Councell of Basil saith it was assem∣bled 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 celebra∣tion of this Councell, all Christendome was up in armes: the Popes were ob∣served to make commotions, to kindle warres and sound an alarum, I say not a∣gainst those that were departed from his obedience, but even against Catho∣lique 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 Ambas∣sadours 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 cen∣sing 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 Cardi∣nals 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 De∣crees, and besides have in expresse words advanced the Pope above the Coun∣cell 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 admit∣ted 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 e∣lection 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 hap∣pen 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 pro∣ceed 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 Coun∣cell 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, De∣cree, 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 Sub∣deacons at least: Not by their owne proper authoritie, but by that of the Coun∣cell,

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 po∣wer of chusing a Pope belonged to the Councell during the time of its celebra∣tion: 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 con∣sideration, ••••d the chiefe of them having consulted about the manner of procee∣ding, 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 De∣vines; as of Iames Almain in his lecture De potestate Ecclesiastica: M^r. Iohn Gerson Chancelour of the Vniversitie of Paris, in his tract De potestate Eccle∣siae, 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 con∣cerning 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 Coun∣cell. 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 dis∣puted 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 one∣ly 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 au∣thority? if hee alone may alter all in an instant, make new Canons and De∣crees, 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 qua∣lities 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 sub∣ject, 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 dis∣intangle 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 ex∣positours 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 now∣adayes termes of heretiques; and such as are more dangerous.

4 I know very well the word Church hath reference sometimes to the Pa∣stors 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 un∣derstand it so: but this were to call the Pope in question upon the same con∣troversie 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 pas∣sage in such a way as the Pope may propound a question to himselfe, and pre∣sently 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 lan∣guage•• 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 Constan∣tinople, 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 Ni∣cholas 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 concu∣bine 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 grea∣ter 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 admit∣ted. Only I finde my selfe a litle troubled to make sense of those words, spo∣ken

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 some∣times (Your Majesty.) Good God what absurdities be these! what impie∣ties! 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 Ca∣pua, 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 ve∣ry 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 judge∣ment of it to whom the power of judgeing is committed. For us, it were not sit∣ting 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 com∣mission, for in case either the defendant, or the plaintives should have com∣plained 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 af∣terwards. 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 al∣ready 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 suc∣cessour, 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 con∣ceived against it, caused a Councell to bee assembled, to consult upon the mat∣ter: 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 subscripti∣ons, where the Pope hath the maine authority as being the head of it, accor∣ding to the sixt and seventh Canons of the Councell of Nice, in the commen∣tary upon which Balsamon saith, it was decreed by the sixt and seventh Ca∣nons, That the foure Patriarches should bee honoured according to the ancient custome: to wit, he of Rome, Alexandria, Antioch, and Ierusalem. For the ••a∣triarch of Constantinople was created by the following Councell. And spea∣king 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 a∣lone, 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 abroga∣ting of a Decree whereof himselfe was the authour: if the Councell did abro∣gate 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 pro∣vinciall Councell, seeing in matters of consequence he can doe nothing with∣out 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 Me∣tropolitans 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 cer∣taine abuses which were current in his time, he proposed the matter to the Sy∣nod 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 in∣to 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 Coun∣cels.

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 au∣thorities, 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 Rhe∣gium, 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 e∣nough 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 sor∣riest Bishop: Yes, he is so; but it is in spirit, just as the Patriarchs of Constanti∣nople 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 a∣bout 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 Ie∣rom. 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 al∣wayes 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 con∣fession shall be approved by the judgement of your Apostleship, whosoever shall re∣prove me, will but shew himselfe an ignorant or malicious person, or somewhat be∣sides 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 acknow∣ledges 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 flat∣terer, 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 fur∣ther assured in his faith by the approbation of a Bishop: that hee submits him∣self 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 fur∣ther 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 glos∣satour goes yet further, when he saith, That a Simoniacall Pope, or an adulte∣rer, 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 Mar∣celline 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 Sy∣nod. These Acts are more to bee credited than Pope Nicholas, who saith that never a Bishop durst pro∣nounce 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 condem∣ned 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 he∣resie: 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 con∣demned by any but God himselfe. He chose rather to dye miserably, being stricken by the Devill (as Platina saith) than submit himselfe to that judge∣ment. We must here observe that Platina relates but halfe the story, as in ma∣ny 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, Patri∣archs, 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 al∣most 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) cau∣sed 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 scan∣dalous 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 Ni∣hem, who hath some remarkable passages to this purpose. Now that the Em∣perour (saith he) hath power over the Pope, especially if hee be wicked and incor∣rigible, 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 some∣times to the hunting of wilde beasts: and leading a loose and volu••••uous life, ad∣dicted 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 Empe∣rour was comming againe, he fled away into the Countrey of Campania. Last∣ly, 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 Em∣perour: 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 a∣lone? 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, compel∣led three Popes to renounce the Popedome; namely Bennet the ninth, Sylvester the third, and Gregory the sixt. Popes were otherwhiles deposed by the Coun∣cels 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 lon∣ger 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 accoun∣ted 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 al∣wayes

harping upon their priviledge and exemption, yet they have not alwaies beene beleeved: but divers of them have beene accused, judged and condem∣ned; as appears by the former instances. So that in truth, setting aside the te∣stimonies 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 else∣where. As for the second, we must perswade our selves that these good Fa∣thers 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: put∣ting 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 as∣sembled 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 pon∣tificall 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 Mar∣tin in his Chronicle. See you now how the Popes themselves have pro∣ved by their owne practices that they may bee judged by particular Coun∣cels.

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 se∣cond, 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 Ge∣nerall 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 pro∣ceed, 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 ven∣ter'd to proceed to that reformation, (as some would make us beleeve) but be∣cause 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 adven∣turing 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 Constan∣tinople was then scarce borne, there was no talk of it: but at the second Coun∣cel 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 Constantino∣ple; the Councel gave sentence that what had been there determined concer∣ning 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 retra∣ctation 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 interlocu∣tion 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 Em∣presse, 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 de∣manded. But hee never complaines of the Councel for confirming the defini∣tion 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 be∣longed 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 controver∣sies which arise about it.

13 Bellarmine seeing that this is prejudiciall to the Soveraignety of his Patri∣arch,

saith that Leo's epistle did not containe any definitive sentence, but on∣ly 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 deter∣mined 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 epi∣stles 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 Li∣berius 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 exhor∣tatory letters: But this is but a shift: for Sozomen saith, the Councell ordai∣ned 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 do∣ctrines: 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 Ca∣tholiques 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 advan∣tage 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 a∣bove-cited, touching judgement of a Councell after the Popes sentence, is a kinde of Appeal. This gives us occasion of here setting downe cer∣taine 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 se∣cond, 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 pre∣amble 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 excommu∣nications against him. Whereupon (say the same Chronicles) Lewes did ap∣peale 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 in∣expiable 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 Ger∣many 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 suffi∣ciently 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 Pe∣ruse: 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•• see∣ing that his eares are growne deafe towards us, and his indignation is inflamed af∣ter 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 commen∣dam by the Pope. And because the act of this appeale was drawne by Gregory 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 usurpa∣tions 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 mar∣riage 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 au∣thor, 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 no∣thing of his owne proper motion, but by command from him.

6 So likewise Philip the Faire appealed from the usurpations and insolen∣ces 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 li∣ved at that time. And the same King Lewes in the yeare 1463, to secure him∣selfe from the censures of the said Pope, with the advice of his Parliament, cau∣sed an Appeal to be put in by his Atturney Generall from the said Pope to •• fu∣ture 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 M^r. 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 conven∣ticle assembled by him at the Lateran, and also touching the abrogation of the Pragmatique Sanction wherein that Councell was confirmed. But it is expedi∣ent 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 re∣solved, we know not upon what advice, to abrogate the said so usefull De∣crees, 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 Fran∣cis, 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 op∣pressed, and doe provoke and appeale from the Pope ill-advised as concer∣ning the abrogation of the Ordinances and Decrees of the said holy Councell of Basil, and the Pragmatique Sanction thereunto adhering, to a future Coun∣cell 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 exe∣cution 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 de∣posed 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••cu∣cuted by the Arrian Bishops which were in the East, fled to Rome as to a ha∣ven of re••uge: that the Pope having heard their confession conformable to the Nicene Creed, received them into communion, restored them to their Chur∣ches, 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 Metro∣politane 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 Con∣stantinople, 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 ••im∣ply by the word (Appello) without mentioning whither. Secondly, the ap∣pellants presented a petition to the Emperours, tending to this effect•• ••hat they would be pleased to referre the cause unto a Councell. Thirdly•• the Coun∣cell 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 a∣gainst 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 con∣demned 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 rela∣ting 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, con∣demned 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 ex∣presse 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 confes∣sed and acknowledged the authority of Councels to be greater than their owne; having been judged and con∣demned by them, both in matters civill and criminall; as also appeals from their sentence unto Councels, ha∣ving 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 Coun∣cell 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 Law∣rence 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. Where∣upon 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 com∣mands, statutes, ordinances, or decrees of this ••acred Synod•• or of any other Ge∣nerall Councell lawfully assembled, in the things aforesaid, 〈◊〉〈◊〉 others t••••••••to apper∣taining,

made or to bee made; if hee doe not repent of it, hee shall undergoe a con∣digne penance, and shall be severally punished; yea and that with recourse, if need requ••••e, to other remedies of law against him, 〈…〉〈…〉 estate, or dig∣nity 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 Prag∣matique 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 Pope∣dome by Pope Felix•• a general absolution of excommunication, the new crea∣tion 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 mi∣litant, 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 reformati∣on of the Church of God, both in the Head and the members. ••o the creation of Pope Nicholas 'tis said, To set the holy Church of God a•• peace and union, 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 be∣leeves and followes that which is truth, for the preservation & upholding of the au∣thority 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 ci∣ty 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; to∣gether with his letters written to the Vniversity of Paris, containing an ex∣hortation 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 see∣king 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 Ho∣ly 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 a∣mongst 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; espe∣cially with our most holy Father the Pope, if he can bee got to agree thereunto•• al∣waies 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 Con∣stance 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 con∣dition, 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 Coun∣cels in that, we shall make it appeare that it came in at these Generall Coun∣cels, 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 com∣mitted, 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 'tis avouch'd in the last Session.

8 The Councell of Basil was called by Pope Martin the fift, as it is appa∣rent 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 Ba∣sil 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 Be∣nefice, or because they were the Popes mercenaries, have ascribed as much po∣wer 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 refu∣ted 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 Cam∣bray, Cardinall b Cusan, the Cardinall of c Florence, the Bishop of d Calis, the Bishop of e Panormo, M^r. Iohn Gerson Chancelour of the Vniversity of Paris,f Iames g Almain Doctor of the Sorbon, William h Okkam, i Marsilius of Pa∣dua, 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 Roma∣nus, p Gregory of Heimburg, q William of Montferrat, r Vincentius in his allega∣tions, 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 conclu∣sion 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 Ba∣sil above all, (as Nicholas Clemangiis tels us) as did also the Princes of Germa∣ny. 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 e∣very 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 con∣sent. 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 assem∣bled. And there are many good writings upon that subject, and divers ••esti∣monies of Scripture, whereby that truth of the Councels of Constance and Ba∣sil is confirmed. There have been infinite books and treatises writ of it alrea∣dy. The second part is cleare, inasmuch as the sonne, the servant, the Scho∣lar, 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 mystical∣ly 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 A∣postolique 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, a∣gainst 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 im∣moveable 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 pre∣vaile.

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 extirpa∣tion 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 Sy∣nod lawfully assembled, in the name of the holy Ghost, making a Generall Coun∣cell,

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 decla∣ration of the Catholique Church might suffice alone to prove the supreme authori∣ty of sacred Councels upon earth: yet notwithstanding, for the greater confirma∣tion 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 authori∣ty, 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 ac∣count 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 Coun∣cell 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 Or∣gan 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 'tis said,

It followes then that the Holy Ghost is there, (at the General Coun∣cel) but not as a subject, but as a supreme President, from whom it is not law∣full 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 Coun∣cell 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 pre∣ferre a man before God as a more just Iudge than he?

5 The Vniversity of Cracovia gave also their advice and counsell concer∣ning 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 repre∣sents it; but he is head in respect of particular Churches and particular mem∣bers 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 as∣sembled 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 con∣clusion, 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 pu∣nished with condigne punishment.

This conclusion they prove by many rea∣sons 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 Coun∣cell 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 memo∣riall unto succeeding generations. Whence it plainly appeares whether a ••e∣nerall Councell have any jurisdiction over the Pope or no. Which every bo∣die 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 a∣nother place it is said,

Whence it may be inferred, that, although it be con∣venient 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 opi∣nion'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:

Whatso∣ever 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 strong∣ly 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 be∣ing 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 Coun∣c••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 be∣loved sonne Ieffrey Boussard Chancelour of Paris, will by our direction deliver un∣to 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 al∣waies 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 de∣clared 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 Ambassa∣dours and lawfull Atturneys, unto that sacred Councell, as also after that in the Dyet of Mentz. The pretended abrogation of this sacred Councel be∣ing 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 Coun∣trey 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 Con∣stance, Basil, and Pisa: to wit, the two former in the Pragmatique Sanction, with certaine formes and qualifications, which concerne especially the liber∣ties 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 Am∣bassadours thither: that divers good things had beene there ordained concerning faith and manners, which he approved of; and that he never accounted that as∣sembled at Ferrara for a Councel: That for the Pragmatique Sanction his plea∣sure was it should bee inviolablie observed and kept. The same Pragmatique San∣ction, 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 esca∣ped 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 pow∣er 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 ex∣pressed 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 Con∣cordats 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 ob∣scure 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 suf∣fice 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 con∣cernes 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 controver∣sies 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 Pre∣lates. 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 ex∣cepts 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, ex∣cept 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 rea∣son 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 appa∣rent 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 Con∣stance, 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 con∣stitutions 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 Mar∣quesse of Montferrat, and divers other nobles, and reverent Fathers in great a∣bundance. 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 testimo∣ny 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 con∣demn'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 sud∣daine 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 con∣form'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 continua∣tion 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: 'tis as much as to say, The Pope alone is more than all the body of the Councel. Hee hath more au∣thority than it. The councel hath not its power from Christ immediatly. But see here that which strikes the stroke! Pope Martin the fifth accounted le∣gitimate 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 a∣bove recited shew the contrary? It is not said there were any disputes or con∣troversies 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, AEnae∣as Sylvius tels us at large of very deepe and difficult disputes that were con∣troverted 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, with∣out any mention made of the discussion which was of them.

6 When Eugenius his Legats were arrived at Basil, to preside at the Coun∣cel in stead of the Pope, by virtue of his letters:

They were not forthwith ad∣mitted (saith the Vniversity of Cracovia) but a greater number of the most learned Doctours in the world were deputed, that having searched the Scrip∣tures 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 deli∣beration, 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, with∣out 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 a∣live, 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 Concilia∣riter. 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 no∣thing but suppe up the porredge which was sent them from Rome. But 'tis strange that in his exposition by the word Conciliariter, hee would exempt those Decrees from Pope Martins approbation. The word to an understan∣ding 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 seve∣rall Sessions. What would he more?

8 But I desire all men to observe this one thing; that the Councell of Con∣stance 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••fici∣ently 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 pre∣scribing 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; de∣bar••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. Wher∣in is contained the power of it over the Pope. Yet Bellarmine cals it into que∣stion 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 con∣tinued 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 Pope∣dome (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 autho∣rized the Councell of Basil, which was a cause of infinite evils, by reason of his ap∣proving 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 Car∣dinals: 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, concer∣ning 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 au∣thorized 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 con∣firmation 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 ap∣prove 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 Em∣perour 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 no∣thing 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 acknow∣ledged 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 conse∣quence is false, that therefore the Church rejected those Decrees touching the authority of a Councell over the Pope. For many approved the one who dis∣liked the other, by reason of their particular affection which they bore to Eu∣genius. 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 transla∣tion of it to Ferrara: and which is more (saith he) the King of France did expres∣ly forbid any of his subjects to goe to Ferrara to celebrate the holy Oecumenicall Councell upon paine of great penalties, alwaies acknowledging the Generall Coun∣cell of Basil. This authour is irreproveable, considering he was sent to the Coun∣cell 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 questio∣ned, whether that assembly, then when these things were done, did sufficiently re∣present the Church Catholique, to proceed to such great matters and so impor∣tant: 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 mem∣bers. 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 La∣teran, which was continued and ended under him, after it was begun by Iuli∣us 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 de∣liver it. The French being puffed up with the good successe of their affaires sum∣moned 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 Car∣dinals that were revolted from the Pope: who having laboured to make peace with the King of France Lewes the twelfth, upon condition of recovering Bono∣ny 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 ap∣peares that there were other five besides those whose names hee rehearseth. The author of the Dialogue upon the death of Iulius reckons nine. Nine Car∣dinals (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 refor∣mation 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 reformati∣on 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 with∣out 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, Ba∣sil, 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 Cardi∣nals 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 chap∣ters 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 fol∣lows 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 Pe∣ter 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 ef∣fectually

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 a∣mongst 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 glo∣rious Virgin Mary his mother, to the blessed Apostles, and to all the Court of heaven, swearing upon the holy Gospels corporally touched, one to ano∣ther, 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 Col∣ledge, 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 a∣new; yea and that in manner of a contract, &c.

There are yet some other clau∣ses 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 effe∣ctually, 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 regar∣ded 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 or∣der 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 offe∣red to come unto it. For you must take notice by the way, that this was ano∣ther Iulius Cesar, which made his armour ring all Italy over, and that even a∣gainst 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 Ve∣netians, 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 boun∣ty, 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, Be∣sanzon, 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 mea∣ning 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 do∣ing any thing: of which there was an Act and instrument drawne, which is ex∣tant 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 ap∣pears 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 Mi∣lan 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 o∣ther 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 Poi∣ctiers, 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 an∣cient 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 a∣gainst 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 Flo∣rentine, considering that in former times the Popes would have chosen to suf∣fer 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 a∣bout 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 cal∣led 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 illegiti∣mate, being it was assembled by a Pope doubly perjured and contumacious, onely to serve his owne passion, to decline a reformation, and live in disor∣der: 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 ho∣nour 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 Con∣venticles 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 ap∣proving, favours, assistance, and adherence of the said King of France, and o∣ther Prelates, Officers, Nobles, and Barons of that Realme, unto those schis∣matiques 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 whatso∣ever.

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 abroga∣tion of the Pragmatique Sanction and the Councell of Basil, for as much as con∣cernes 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 assi∣stants 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 Ap∣peale 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 po∣wer 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 Ses∣sion 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 Dome∣nic Bishop of Lucerin, who said the things contained in the Bull pleased him, alwaies provided that the French accepted the other Bull containing the re∣peale 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 Coun∣cell of Basil stand good still. Besides, it was abrogated for as much as concer∣ned 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 after∣wards 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 Vniver∣sitie 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 Bel∣mines 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 under∣props 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 writ∣ten 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 com∣monly 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 sub∣ject unto him, as a Patriarch of Antioch hath it. But we have spoke sufficient∣ly of this in another place.

3 The next reason is, because Pope Leo removed the second Synod of E∣phesus to the City of Chalcedon. We reade indeed that Pope Leo complained

of the second Synod ofa 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 Theo∣dosius, 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 Chal∣cedon, when he himself saith the contrary? Who could better know than him∣selfe? 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 presi∣dents 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 prece∣dent 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 Coun∣cell 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 a∣bout going to keepe that Councel, the same Martin sent forth a Bu•••• contein∣ing 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 Conci∣lio, 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 at∣tempt to doe it without the consent of the Councell? Hee, I say, who appro∣ved the Decrees of it, which is more, as it hath beene demonstrated in ano∣ther place.

6 The fourth reason is, That divers Synods have given a great deale of re∣verence 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 Pa∣triarch 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 Pa∣triarches 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 ex∣amples 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 o∣pinion of Nestorius Bishop of Constantinople: gave notice of the determina∣tion 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 Bi∣shops 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 in∣forme 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 con∣fession 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 de∣gree 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 pre∣tended.

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 de∣claration 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 just∣ly reject the Decrees and determinations of the Councell of Ariminum, with the consent of all the Provinces, as having beene corrupted by the prevari∣cation 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 reject∣ing 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 Gene∣rall 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 advan∣tage 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 touch∣ing 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 De∣crees 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 deman∣ded the approbation of their Decrees at his hands, whereas by the same De∣crees 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, ha∣ving even writ the history of all that passed there with exceeding approba∣tion thereof, when hee came to be Pope urged King Lewes with the perfor∣mance 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 de∣sire. 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 prag∣matique 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 cove∣tousnesse 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 conde∣scend 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 Car∣dinall Balue thither to have the Decree of the Lords of the Parliament thereup∣on. 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 At∣turney, 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 Pragma∣tique. And in another passage. You doe what is meet, knowing that the Prag∣matique 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 au∣thority 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 devo∣tion of those Fathers with exclamation, O most sincere fraternity! O the true Senat of all the world! What a deale of beauty, and sweetnesse, and devotion was there! to heare the Bishops celebrating in one place; the Abbats at their prayers in another; the Doctours reading divine Histories in a third: to see one writing by candle-light, another meditating upon some weighty matter •• Now our Prag∣matique 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 va∣riè? 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 Bel∣larmine 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 con∣futed 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 Coun∣cels 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 per∣sons, or of Provinciall Councels at most. Besides that, wee have divers exam∣ples 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 Coun∣cell; 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 argu∣ments 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 conse∣quent 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. Bel∣larmine 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, some∣times 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 acknow∣ledged 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, re∣presented 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.

Notes

• Tren•• C••••••c••l ••i••••s Popes ••u∣thori••y ••bove Co••••••••l••.
• S••ss. ul••. c. 5.
• Sess. ult. c. ult.
• S••ss ult ••. 2.
• Popes have no right to trans∣fer Counc••ls.
• ••ess••o 9.
• Iulius the ••hi••d•• Bull pu•• 〈◊〉〈◊〉 ••he end of the te••th Ses∣sion.
• Eugenius paral∣leld vvith Trent-Popes.
• Councell of B•••••• above the P••••••s autho∣••••••y.
• Sess 17. Conc. Basil.
• Vid. Responsio∣nem da••am Epi∣s•• po Al••••and. N••nc••o Collegi•• Cardina•••••••••• Ro∣ma ex••slentis •• Card••••••libus Conci ium Pi∣sanum indicen∣tibus, apud Acta C••ncilii Pisa∣ni 2.
• Pl••ti•••• in Eu∣genio ••.
• Ai••oniu•• lib. 5.
• Trent Coun∣cel subject themselves to the Pope un∣justly.
• Con••il. Constan∣••ien. Sess. 39.
• ••ib 3. Cap. 14.
• P••ovinciall ••y∣nods not sub∣j••cts to th•• Pop••.
• Annal•••• in••erti auth•••• 〈◊〉〈◊〉 script••res cooe∣tin••••s 〈…〉〈…〉 Avertin•••• l. 4. ••••st. 〈◊〉〈◊〉.
• Onuphrius Pa∣nu••nus in addit. ad Pl••••inam. l•• 〈◊〉〈◊〉 4.
• 〈…〉〈…〉 Basil Sess 2.
• Popes elected by Councels.
• Onuphrius Pa∣nuinus in Pio 4. in addition. ad Platinam.
• Onuphriu•• in 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 him∣self 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. Re∣gis•••••• ep. 92.
• Canon Praeci∣p••e 11 l. 3.
• G••eg Magnus. ibid
• Po••••s c••nfesse themselves in∣feriour to Councels.
• Damas. apud Ambros. ep. 79.
• Balsamo. in Can. 6. et 7. Synod. Nicen.
• Provinciall Councels a∣bove the Pope.
• B••lsamo in 6. & 7 Can Con∣cilii Nicaeni.
• V. Conc. Roma∣nu•• sub Hila∣rio. 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 ••i∣des. 24. q. 1.
• V Novam De∣creti ed•••• au∣thoritate Gre∣gorii 13. expur∣gat. in d. Can. Haec est fides. 24. q. 1.
• Popes faith sent to others to ••pprove.
• Epist. Liberii Papae ad Atha∣nasium.
• 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 Impe∣rat. M••••h. Bellarm l. 2. de authorit. Conc. c. 19.
• Synod. 6. Con∣stant. Act. 13.
• Gloss. in Can. Si Papa. dist. 40
• Platina in vita Ioan. 13.
• Luitprandus de rebus per Euro∣pam ges••is l 6. ••. 6 & seq.
• M Adamus in hist. eccles. c. 55
• Otho Emperour deposeth and electeth Popes.
• V. E••••am An∣ton. de Ro••elli•• in cap. Contra∣ria 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 ••yl∣ve••tr 3 & Cle••. 2.
• Pop••s in fact have yeelded to Councels.
• AEnaeas Sylvius epist. 25.

  Can. Nos Si in∣competenter. 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.
• Bellar. De Conc. authorit. 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 Al∣bertum Argen∣tin••ns. in C••ro∣nic. p. 123.
• Nau••ler gene∣rat 4••.

  Adde Alberi∣cum de Rosate in l Bene à Ze∣none C. de qua∣d••••en. praescrip. Et Avent••n. l. 7. annal Boio∣rum

  Paulus Langiu•• in Chron. Citi∣zensi sub ann. 1328.
• A••p••••ls t•• in the Po•••• m•••••• by th•• F••••••c••:
• A••n••eas Syl¦viu•• epist. 14.
• Platina in Bo∣ni••. 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 Ludo∣vico 11

  Du T••llet en son advi•• sur les libertez de l'Eglise G••l∣licane.
• App••llatio V∣nive••sitatis Pa∣risiens. quam vide in ••••sci∣••••lo rerum ex∣••••••endarum
• Appeales to Councels ••∣gainst the Pope.
• Ludovicus Ro∣manus Cons. 321.

  Abbas Siculus in allegationi∣bus 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 Galli∣cane v••••s••s fin. Sozomen lib. 3. ••ap. ••.
• Sozomen ubi supra:
• P••••••••nded ap∣peals 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 Mi∣chaelem Impe∣rat.
• Sozomen. lib. 8. cap. 26.
• The case desi∣ded by Coun∣cels.
• 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 A∣lex••n••r. 5.
• N••••••l ••us tom. 2 G••••erat ••7.
• 〈…〉〈…〉

  〈…〉〈…〉 Sess. ••••••
• 〈◊〉〈◊〉 B••sil. ••••ss. ••.
• Extat post ult. Session. ••on••il. Basilie••sis.
• Authors for Councels su∣periority.
• a

  Petrus de Alliaco in tract. de potestate Ec∣clesiae.
• 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. signifi∣casti 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 sep∣tem statib•••• Ecclesiae.
• m

  Ioannes de Parisiis in tract. de potestate Regali & Papali cap. 21. in fine.
• n

  Im∣mol•• in cap. Cum in••erior. De majoritate & obedientia. Et in cap. Quant••. De translatione Praelatorum
• o

  Lu∣dovicus Romanus cons. 181. & 421. Et in tribus ultimis Conci••iis.
• p

  Grego••ius Heimburgensis in Schedulis ap∣pellationum pro se & pro Sigismundo Austriae Duce. Et in confutatione primat••s Pap.
• q

  Guilielmus de Mont∣serrat•• in Commentar. supra Pragm••t. Sanction. part. 1.
• r

  Vincentius in allegationibus cap. 13.
• The Vniversity of Colons opi∣nion.
• The Vniversity of E••fords opi∣nion.
• Councels ur∣ged 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••a∣tique ••••••ction yet in fo••••••.
• V. Pragmatic. Sanct. in pro∣oem••o.
• V. Nicolaun de Clemangiis in ••as••iculo ••erum exp••••end.

  Cons••i••utio Lu∣do••i•••• 12. ann. 1499. art. 1. quam vi••e in tit D••s Prag∣mat•• S••nction. in 〈◊〉〈◊〉 Con∣stitut.

  Franciscus 1. in Constitut. ••a••ta super B••ll•• ••••••onis 10 de Valore Be∣nesi••iorum.
• Councels of Constance and Basil decree Councels to be above Ppes.
• Platinain Eu∣genio 4.
• The Councel of Constance asserted against the Pope.
• Pl••tina in Gr••gorio 12.
• Plati•••• in A∣l••xan. ••.
• B••ll••rmin. l 2. de Con••. au••hor. cap. 19
• Pla••ina in Io∣anne 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 appro∣ved by Popes.
• Extat in Actis Concilii Basil. post ultimam Sessionem.
• Bellar l. 3 d•• Ecclesia mili∣tante. cap. 19.
• V. principium Concilii Flo∣••entini.
• Nicholaus de Clemangiis.
• The Councell of Basil ap∣proved.
• Vid. Naucler. generat. ••8•• AEnaeam Syl∣vium in ••onc. Basil.

  Et Panor•••• in tract. de Con••. Bas••l.
• ••is••ioulus temporum in Imp••••••••. Fre∣deric. ••. sub ann. 143••.

  Nav••l••rus ••e∣nera•• ••. P••••lu•• ••angi∣us in ••hronic. 〈◊〉〈◊〉 sub ann•• 1••••1.

  Bergon••ensis l. 15. sup••lementi sub ann 1438.
• Onuphrius Pa∣nu••nus. ad Pla∣tinam in Iu∣lio 2.
• The occasion of ••he Pisa•• Counc••l.
• Pope Iulius his oath, and pe••∣jury.
• †

  Litle stones whi••h Elect∣ours 〈◊〉〈◊〉 gi∣ving o•• voices.
• Iulius the 2. his demanour.
• Onuphrius in Iulio 2.
• Iulius the 2. his condition••••
• Paulus Langius in Chron. Citi¦z••nsi. sub ann. 1••1••
• Counc••l of Lateran but a Conventicle.
• Sessio 3. Concil. Lateran. ultim. V quoque Ses∣sion. 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 an∣swered.
• Theses Fratri•• Heliae Beauva•••• Minoris Su••mu∣rensis sub prae∣sidio Emundi Richer. Doct. Theol. Sorbon. anno 1599. die 11. mensis Mat.
• Concil Lateran. Se••sion. 10.
• V. Epist AEgyp∣tiorum ponti••. ad Felicem Papam.
• Theodorus Bal∣sam. in praesat. ad 6. Synod. in Trullo.
• a

  Leo Epist 23.
• Po••es ••••moved Cou••cels but with their con∣s••••••.
• b

  Leo Epist 24. vide etiam E∣pis••ol••s L••••e∣n••ae & ••aci∣diae ad Thendos. & Epist Theo∣d••sii ad Valen∣tinian. in prae∣ambulis epist. ad Synodum Chal∣ced.
• c

  Epist. Valenti∣nian. & Mar∣tian••

  Et altera ••jus dem Martiani a•• L••on••m & al••••ra ••orun∣dem ••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. Con∣stant, Sess 44.
• Extat haec Bul∣la in 1. Sessione Conc••l. Basil.
• Concil. B••sil. Session•• 1.
• Popes not o∣b••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 Prag∣matique San∣ction
• Extat Ludov••∣ci 12. Con∣stitutio in Se••sione 4. Con∣cil Lateran.
• Iean le Maire en a•• partie de la differ. des Schismes.
• Vid. etiam Ga∣guin. lib. 10. hist F••anc.
• Pius 2. Epist. 401 ad Ludo∣vicu••.
• 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. tri∣nitate

  V. ep••stolas Leo∣nis.

  Item ••pist. ••∣d••••am ad Tara∣s••um in 2. Acti. Synod. Nic••n. 2.

  Epistolas diver∣so••um Ponti••. Roman. apud Willelm. Mal∣mesbur. lib. 3. de Pontisic. Anglorum.