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.

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A revievv of the Councell of Trent VVherein are contained the severall nullities of it: with the many grievances and prejudices done by it to Christian kings and princes: as also to all catholique churches in the world; and more particularly to the Gallicane Church. First writ in French by a learned Roman-Catholique. Now translated into English by G.L.
Author
Ranchin, Guillaume, b. 1560.
Publication
Oxford :: Printed by William Turner, printer to the famous Vniversitie, for VV[illiam] T[urner] Edw: Forrest, and VVill: VVeb,
Anno Domini MDCXXXVIII. [1638]
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Subject terms
Catholic Church -- Controversial literature -- Early works to 1800.
Council of Trent (1545-1563) -- Early works to 1800.
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"A revievv of the Councell of Trent VVherein are contained the severall nullities of it: with the many grievances and prejudices done by it to Christian kings and princes: as also to all catholique churches in the world; and more particularly to the Gallicane Church. First writ in French by a learned Roman-Catholique. Now translated into English by G.L." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A10389.0001.001. University of Michigan Library Digital Collections. Accessed May 1, 2024.

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CHAP. X. Of elections, nominations, and Investitures belonging to other Kings and Princes.

1 WE come now to other Princedomes, reserving France to bee spoken of in the last place. The a twelfth Councel of Toledo grants election of Bishops to the King of Spaine, which our Popes have registred in their b books. It was decreed by all the Bishops of Spaine and Gallicia, that without any prejudice to the priviledges of every par∣ticular Province, it shall be lawful hereafter for the Bishop of Toledo, to receive and consecrate all such Bishops as the Royall power shall e∣lect, and that every such Bishop shall bee approved by his judgement. Which, as c Lancelot Conrad witnesseth, is observed and kept even at this day.

2 As for the Kings of England, though they have often quarrelled with the Popes, and the Clergy of the Kingdome about this point, yet so it is that from age to age we alwaies finde them possessed of this right. For to goe no high∣er, about the yeare one thousand King d Etheldred created one Robert Achbishop of London, and one Edmund Bishop of Luiddifarne, otherwise called Holyland, at the entreaty of the Monks of that Bishoprique. King Edward made one Robert first Bishop of London, &c. and afterwards Archbishop of Canterbury, whose successour he made one William. He gave also the Bishop∣rique of Shyrburne to one Herman. In the year one thousand one hundundred & seventie, King William the first of that name, bestowed the Archbishoprique of Yorke upon a Canon called Thomas. In the yeare one thousand seventie eight hee bestowed three Bishopriques upon three of his Chaplaines, and many o∣thers upon divers Ecclesiastiques.

3 In the year one thousand ninety two King William the second bestowed the Bishoprique of Lincolne upon Robert Blunt his Chancelour; he bestowed also that of Worcester upon a Canon called Sampson. One of the two be∣stowed also the Bishoprique of Silchester upon Lanfranke.

4 The yeare one thousand one hundred and one, King Henrie the first be∣stowed the Bishoprique of Hereford upon Kemelin, and gave him the investi∣ture of it. The same King gave the bishoprique of Winchester to a Canon cal∣led Thuilphus, and afterwards to the Chaplaine of Queene Adalida.

5 The yeare one thousand one hundred and two, Anselme Archbishop of Canterburie would have made the Councell of Lateran to bee received in England, holden against Henrie the fifth about the point of Investitures. And in obedience thereto, he made a difficultie of consecrating certaine Bishops, who had beene invested by Henrie the first, who was much incensed against him upon that occasion; And forasmuch (saith Matthew Westminster) as hee would not consecrate certaine Bishops, who had been instituted by the King, obey∣ing his pleasure, nor so much as communicate with them, the King was thereupon moved with choler against him.

6 The yeare one thousand, one hundred and seven, there was a Councell holden at London, where it was ordained, That from thence forward no man should be invested in England by the King, or any other Lay man into any Bishop∣rique,

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or Abbey, by the donation of the Pastorall staffe, or ring, alwayes reser∣ving the homage due to the King. But Henrie the first did not forbeare to use his right for all that, which this Councell could not take from him. And in∣deed in the yeare one thousand, one hundred and nine, he erected the Abbey of Ely into an Episcopall See, and caused one Herveus to be ordained over it, and having assembled divers Bishops at London in the same yeare, hee made them consecrate one Thomas, who had beene chosen Bishop of Yorke. In the yeare one thousand, one hundred and thirteen, The same King Henry bestowed the Archbishoprique of Canterburie upon Richard Bishop of London, and invested him in it, by giving him the crosier, staffe and ring. In the yeare one thousand one hundred twentie five, hee bestowed foure Bishopriques more.

7 William of Newburie both Doctour of Divinitie and an Historian, proves in like manner of King Richard the sonne of Henry the second, who raigned about the yeare one thousand one hundred, eightie nine. First of all (saith he) this new King was so affected, that by his meanes many Churches which were va∣cant of England, were provided of Pastours. Richard of Ely the Kings treasu∣rer, was preferred to the See of Lincolne, Godfrey Lucy to the chaire of Silche∣ster. William Longchampe the Kings Chancelour to the Bishoprique of Ely. Hubert Deane of Yorke to the Church of Salisbury: hee bestowed also the Me∣tropolitan See of Yorke upon his brother Ieffrey.

8 The yeare one thousand two hundred and seven Pope Innocent the third would have perswaded the Monkes of Canterburie to chuse one Stephen Langton for their Bishop, but they replyed, that it was not lawfull for them to doe so without the Kings consent. But the Pope having injoyned them under the paine of Anathema, they were compell'd to consent unto him so and so, though with a great deale of murmuring. Which being done, the Pope writ unto King Iohn a soothing letter to get him to approve of it. But he be∣ing offended thereat, Commanded that all the Monks should bee drawne out of the Monasterie of Canterburie, as guiltie of high treason, yea, and that they should be chased out of his Kingdome.

9 In the yeare one thousand two hundred, fortie, and five Henrie the third King of England,

Having received a foule injurie, done, as he thought both to him and his, forasmuch as many Bishops were created in England without his consent, hee sent Mr. Lawrence de St. Martins his Proctour to the Court of Rome, to make complaint of it, and plead the right which hee had thereunto from all antiquitie.

10 One Mr. Richard de Witz having beene elected Bishop of Chi∣chester by Innocent the fourth, who was then at Lyons,

To the intent that such an injurie done to the King, might not passe unpunished, (saith an Eng∣lish Historian) hee was justly deprived of a Baronrie which belonged to the Bishoprique.
'Tis true, it was restored a long time after by meanes of the earnest intercessions which were made thereupon. There are infinit ex∣amples of this nature, both in these authors from whence wee have taken the former, and divers others.

11 Wee will here observe that our Popes have elsewhere testified in their owne books, how the right of bestowing benefices, and Prebends, which be∣longs unto the Kings of England in capite during the vacancie of the Bishop∣rique. This wee read in a Decretall of Alexander the third in these words;

The said Bishop being deceased, and the revenues of the Bishoprique being come unto the Exchequer, a certaine Prebend chancing to bee void, our wel-beloved sonne in Christ, Henrie the illustrious King of England, hath be∣stowed upon Thomas his Clerk.
This Decretall was extant in the title, De jure Patronatus, after the chapter Praeterea, in the third booke of the Decre∣tals, as I have seene in an ancient Manuscript, which is in my custodie. One of

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our Doctours witnesseth also that it was anciently there, and afterward ex∣punged. A learned Spanish Bishop publisht it since by adventure, without e∣ver thinking upon it, for he had no intention to harme the Pope.

12 Our Doctour of the Civil law beare witnesse of the rings of England, affirming that this eight belongs unto them; and determining also, that it is a thing which may bee done. They say as much for the King of Hungary, the King of Apulia, and also for the King of France. See here the verie words of Alexander in his counsels;

Baldus said well in the law, descripta de precib. imperat. offerend. that Kings and secular Princes, who by ancient custome, time out of minde, have power to conferre Prebends and Benefices within their dominions, may doe it because such a custome gives them a priviledge. And he sets downe a president of the King of Hungarie, and the King of Eng∣land. The King of Apulia might be added also, according to that remark∣able glosse in the summarie of the seventh Quaestion causa 16. Another might be urged of the King of France, as saith Iohn the Monke upon the first chap∣ter De Praebendis in sexto.

13 See here many authorities together, whereunto wee will adde that of Lancelot Conrade Lawyer of Millaine, and the King of Spaine his subject, who will furnish us with some others. So some Kings and Princes (saith he) may conferre the benefices of their Kingdome when they have got this right either by custome time out of mind, or by Apostolicall priviledge, as Alexander hath coun∣selled in his 74. Counsel, num. 8. volum. 4. Baldus in the law Rescript. C. de preci∣bus imperat. offerend. Martin Lawrence de Privil. & Rescript. Quaest. 2. Following Alexander he urgeth the examples of the Kings of France, Eng∣land, Hungary, and Apulia, and adds also the King of Spaine: hee saith ur∣ther, that the King of France seemes herein to have a greater power and a lar∣ger right than the Emperour.

14 A German Bishop who writ in the yeare one thousand one hundred and nine, addes also the King of Scotland, and proves the same of him which hath beene said of the rest. We reade (saith he) of the Bishops of Spaine, Scotland, England, and Hungarie, that by ancient institution, till this upstart novelty came in, were put into their Bishopriques by the Kings, with purity and integrity, and with peace and quietnesse for temporall matters. Afterwards hee speakes of our Kings of France on this manner. A long time before the decree of Adrian and his successors, the annointed Kings and the Maiors of the Palace invested Bishops, Dagobert, Sigebert, Theodorick, Hilderick, Pepin Maior of the Palace, and Theodoret, who established Remachus, Andomarus, Amandus, Antpertus, Eli∣giu, Lampertus, and other Bishops of most holy life.

15 Let us now see what this right of France is. It is certaine that from the verie infancie of this Realme our Kings have begunne, and continued, through all their three lines, to elect Churchmen, to bestow Bishopriques, Abbeyes, and other Ecclesiasticall dignities upon them, to give these elections to such as they thought good, alwaies reserving unto themselves their consent or appro∣bation, and to proceed therein such other waies as they thought fit. The ex∣amples hereof are so plentifull, that wee should bee afraid to tyre the reader by reciting them; and therefore we will content our selves with quoting them in the margent, especially considering that there are so manie other waies to prove it, that we care for nothing but curtailing our discourse.

16 Whosoever shall seriously consider these examples, hee shall finde that our Kings have alwaies dealt herein as they pleased: that sometimes they have made elections and nominations themselves: sometimes they have given leave to the Clergie to make them, either alone, or with the people; and have been content to give onely their consent, or to confirme them, or to give the inve∣stiture The Emperour Charles the Great ordained by his Capitularie Lawes

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that the Bishops should be chosen by the Clergie and people of the same Dio∣ces. Our Popes have not forgot it in their owne bookes, thinking that they had gain'd thereby some advantage upon France. But our Kings by this remit∣ted nothing of their authoritie; but reserved unto themselves their consent and approbation, and investiture, which they used ever after; even Charles the Great himselfe the authour of that law. But howere it be, hee that made the law may unmake it; he may change it at his pleasure. If there were any thing in it to their disadvantage, which there is not.

17 They would also make a law against our Princes from a certaine preten∣ded prohibition which Nicholas the first set out against King Lotharius, that he should not permit any to bee chosen Bishop of Treves or of Cullen without first consulting with the See Apostolique; declaring unto him, he was not plea∣sed that he should meddle in such elections, to preferre such persons as were his favourites. And they have laboured all that they could to gaine this autho∣ritie over our Kings, which they for their parts have alwaies stoutly defended, even by making faire decrees to debarre them from meddling.

18 Possibly it will be said unto us, that all this is done by usurpation, abuse, and unlawfull attempt. There then wee must straine to root this false opinion out of their braines. We will therefore justifie their right by the authoritie of Councels, and first by that of Orleans, which is accounted the fifth, holden in the time of Pope Vigilius the first, and of King Childebert, the yeare five hun∣dred fortie nine, where this decree was made. That it shall not be lawfull to ob∣taine any Bishopriques by presents, or by meanes of any such like purchase, but with the kings consent, according to the election of the Clergie and people, as it is written in the ancient Canons.

19 Carloman Duke, and Prince of the French, speakes thus in the Synod of France holden in the yeare seven hundred fortie two. By the Councell of the Clergy and chiefe men of the kingdome, we have ordained Bishops over the Cities. Pepin Duke and Prince of the French useth the same termes at the Councell of Soissons, holden in the yeare seven hundred fortie foure: Wherefore (saith he) we have instituted and ordained lawfull Bishops over the Cities, with the advice of the Clergy and Princes of France, Now this is spoke by them with the ap∣probation of those Councels, yea they are the verie Acts of the Councell, which speake so.

20 The Councell of Paris, addressing their words to the Emperours Lewes and Lotharius, under whom it was holden in the yeare eight hundred twenty nine: We intreat your Majesties to use great diligence and most exact care in the institution of Rectours and Pastours in the Church. This petition presup∣poseth that such right belong'd unto them, and that the Councell thought so, otherwise they would rather have intreated them to forbeare.

21 The Councell of Valentia, holden in the yeare eight hundred fiftie five, intreats the Emperour Lotharius, that as soone as certaine Bishopriques shall come to be void, he would leave the Canonicall election unto the Clergie and people of that Citie. And as for such as should be sent from the Princes Court, if upon examination any default were found in him either for manners or lear∣ning, or any thing else, that he would be intreated to chuse another. Whence we collect that the Councell consents unto this, that the Prince may elect any of his Court, such as he shall thinke good; provided they be of qualitie requi∣site to Ecclesiasticall dignities: and for the rest intreats him to leave the electi∣on to the Clergie and people. It showes us that this was in their power, and withall that the Councel intends this election shall be made by the Clergie and people, saving the consent and approbation of the Prince. Let us proceede to other testimonies.

22 There is a very remarkable one in Marsilius of Padua his Defensor Pa∣cis.

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And as for the proposition about the institution of Ecclesiasticall Ministers, and the distribution and collation of temporall benefices, I will shew by the autho∣rity of the Catholique Kings of France some things which are not to bee contem∣ned, but ought rather to be considered: for they assure us that the authority of in∣stituting and bestowing of certaine Ecclesiasticall offices, benefices, and temporall meanes belongs unto them by right; which de facto they have caused to be invio∣lably observed to this very day; in such sort that this authority is not derived from them either upon any particular person, or upon any Colledge of what condi∣tion soever: So neither is the law-giver nor Prince prohibited by the law of God to make such institutions, collations, and distributions.

23 Our expositors upon the Civill Law say the same, and testifie by their writings that this facultie of conferring dignities and Ecclesiasticall benefices belongs unto our Kings of France: determining further that it is a thing which may be done: and amongst others, Iohannes Monachus, Alexander, Lancelot Conrade, all which speake both for matter of right and fact. Lupus Abbot of the Abbey of Saint Peters of Ferrieres, who lived in the time of Charles the Bald, about the yeare 870, writing to Amulus Archbishop of Lyons, saith, That it is no new nor rash thing that the King should furnish the most honourable Chur∣ches with his Courtiers; considering that Pepin (from whom hee is descended by Charles the Great, and the most devout Lewes, both Emperours) having given Pope Zacharie to understand in a certaine Synod the necessity of the Realme, hee got his consent, to furnish the Churches with good Pastours, after the decease of the Incumbents: remedying by that meanes the badnesse of the times.

24 Hildebert Archbishop of Tours, who liv'd about the yeare 1080, under Philip the first, King of France, approves the presentation made by the King to a certaine Bishoprique of his realme, commending him on this manner. I congratulate with virtue that hath her reward under our King. Hee hath found that the power of a King shines more bright by gifts and liberality than by the Scepter; and that it is not sufficient for a Prince to stirre up his subjects to well-doing by examples, unlesse they be also provoked by rewards. Hence it is that your good manners were honoured by a great Priesthood. The disposition of the King was sound and prudent, considering it could not better provide for the Church, than by placing you in it.

25 Ivo Bishop of Chartres, after he was elected by the Clergie, was presen∣ted to the same King Philip the first, and received his investiture and Pastorall staffe from him: upon the refusall of the Archbishop of Sens he was consecra∣ted by the Pope, whereat the said Archbishop was highly offended, in so much that he with other Bishops at the Synod of Estampes, were upon the point of revoking the said consecration made by the Pope, as prejudiciall to the autho∣ritie Royal. See here what the same Bishop saith of it in a letter to Pope Vrban. Moreover I give your Holinesse to wit, that the Archbishop of Sens, being infatua∣ted by the counsell of the Bishop of Paris, having summoned the said Bishop of Paris, and two others of the same humor, to wit he of Meaux, and he of Troyes, did very indiscreetly accuse me this present year, because of the consecration which I had re∣ceived from you; saying that I had offended against the Kings Majesty, by attempt∣ing to receive my consecration from the See Apostolique. We have heard before what this same Bishop said of Investitures, speaking of the King of France.

26 We may now conclude, that elections, nominations and approbations in point of benefices, have alwaies belonged unto our Kings, and have beene at their free disposall. By their last ordinances they have beene pleas'd, as well to disburthen themselves of that charge, as also to prevent the enterprises of the Popes, to decree that elective dignities should bee conferr'd by elections, and benefices which were not elective by the collations and presentations of the Collators and Patrons: And this according to the Councell of Basil which

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hath tied the Popes hands in this respect, and the Pragmatique Sanctions of St. Lewes and Charles the seventh. Yet this was still with two conditions: one that the Kings Congé d'elire should bee requir'd by way of preamble, at least in respect of Bishopriques and Abbeyes, otherwise the election should be accounted a nullitie. Which is verified by the letters of our Kings as farre as King Lewes the eleventh, containing the said licence, which may yet be found in the treasurie of Chartres in a great box quoted xxv. Which right was de∣clared to belong to King Philip the Faire, when the question was about Saint Maglairs Abbey, as some report.

27 The other, that the said Prelates before they could be called such should be bound to take the oath of allegiance according to the ancient custome, as it was determin'd by the Arrests of the Parliament of Paris against the Archbi∣shop of Anx and the Bishop of Mantes. Which was observed in the time of Philip the first, according to the testimonie of the Bishop of Chartres: who in his epistles addressed to Pope Paschal, speaking of the Archbishop of Rhemes, who had beene depriv'd of his dignitie, and for whose reestablishment the said Bishop had interceded to the Kings Councell. The Princes Court (saith he) inclining to the contrary, we could not obtaine an entire peace unlesse the said Metropolitan would make unto the King such an oath of allegiance as other Archbishops of Rhemes, together with all the rest of the Bishops of this Realme of France, how holy and religious soever they were, made to the Kings his predecessors. Divers authors beare witnesse of this oath of allegiance made by Bishops to their kings and princes both in England and France, and other places, some of them set downe the very forme.

28 Since this time our kings have beene compell'd to divide their rights with the Popes, (to give them content, and be at peace with them) by taking away elections, and reserving unto themselves in stead thereof the nomina∣tions, and allowing unto Popes the confirmations. By the ordinance of Or∣leans King Charles would have taken the Clergie and people in to his share, by decreeing that, when Bishopriques fell void, the Archbishop and Bishops of the Province, and the Canons of the Cathedral Church should meet togther, with twelve gentlemen chosen by the Nobilitie of the Dioces, & twelve Br∣gesses chosen in the Guildhal of the Archiepiscopal or Episcopal Citie, to make he a nomination of three persons, of which the King should chuse one, whom he pleased to name. Which notwithstanding we never yet saw observed.

29 Wee will say for conclusion, that it is no small advantage to the Pope to have the confirmation of the Bishops of France, which was granted him by the Concordat: but it will bee farre greater yet, if he keepe that authoritie which is given him by this Councel. For by it hee will quickly bring all these Concordats to nothing, and wil resume the extravagancies of his predecessors; who had got all the elections and collations of the Bishopriques, and bene∣fices of this Kingdome into their Churches, to the utter ruine and destruction of it: draining the Realme of moneyes, and filling it with strangers, and bring∣ing it to an extreame miserie, as we say else where.

30 We shall only here observe the particular interest of Kings and Princes for as much as concernes their power and authoritie, whereof they ought to be very jealous if they marke it. There is nothing which fortifies it so much as that right which they have to chuse and elect Churchmen; nor which weak∣neth it so much, as when the Pope hath an hand in it, either in whole or in part. Ivo Pishop of Chartres, although hee had received his Investiture from Philip the first, yet in asmuch as he had got his confirmation from Pope Vrban, he was alwaies affectionate to him and the See Apostolique, even to the pre∣judice of the King and Kingdome; to whom he did sometimes very ill offi∣ces: as wee collect from some of his epistles. On the contrarie, because Lu∣pus

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had got the Abbey of Saint Peter de Ferriers in the Dioces of Sens, by the donation of Charles the Bald, he was alwaies loyall, and he even brags of it in one of his Epistles.

31 An English Historian, though hee bee a Monke, yet hee knew well how to set out this interest of Princes. For speaking of the consecration of cer∣taine Bishops of England, made by Innocent the fourth when he was at Lions, hee saith, They were consecrated by the Pope, not without great damage and dan∣ger to the Realme of England. For the Pope having so ingaged the Bishops un∣to him, they found themselves more obliged unto him; and despising the King, they were more inclined to doe mischiefe to the Kingdome.

32 The Bishop of Chartres continuing his devotion to Pope Vrban, gave him notice of this point, upon the election of an Archbishop of Rhemes, who he assured the Pope was very zealous for the See Apostolique, adding after∣wards, Now how necessarie it is for the Church of Rome to place in that See a minister which is devout and affectionate unto her, it is not for me to informe your wisedome, which knowes very well that this See weares the Royall Diademe, and serves for a patterne almost to all other Churches of France, either of ruine or Resurrection.

33 Not without cause did Pope Nicholas the first stomach at Lotharius, because he would not suffer any Bishop to bee chosen in his Kingdome, unlesse hee were faithfull and well inclined to him. King William the first of England in the beginning of his reigne, which was about the yeare 1070, knowing this very well, deposed some part of the Bishops and Abbats from their dignities and Prelacies, and put others in their places, whose fidelitie was known unto him.

34 Another Monke and English Historian saith, the Popes upon this occa∣sion invented another way to oblige such Prelats unto them as held their dig∣nities from Kings and Princes. Which was by making them renounce them, and resigne them into their hands, as faultie and nullities, and taking them with one hand, they gave them againe with the other. Ivo toucheth upon this tricke in his epistles. For amongst other reasons to prove that investiture is no heresie, hee puts this; If Investiture were an heresie, hee that renounceth it could not be restor'd without blemish to himselfe. Now wee see many honest men, both in Germany and France give up their Pastorall staffes to wash away that staine by some shew of satisfaction, and resume those Investitures which they had renounced, from the Apostolique hand. So did Thomas the Archbishop of Canterburie, who put Henry the second, King of England, to so much trouble. For being at the Councel of Tours, Hee secretlie resigned that Archbishoprique into the Popes hands which he had received from the Kings hand, and it was af∣terwards restor'd him againe at the same instant from the Popes hand. It was Alexander the third who held this Councell at Tours in the year 1163.

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