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.

CHAP. IX. Disposall of the goods of Religious persons. Purchases made by Mendicants. Leases of Ecclesiasticall meanes. Commutations of last wills and testaments.

1 THis Councell would furthermore have all the goods which shal be purchased by religious persons, after they have ma••e their profession, to bee taken from them and given to their superiour; that is to the Abbat or A••besse, to be incorpora∣ted to the Monastery. This derogates from the nineteenth Article of the O••dinance of Orleans, where there is one case which ought to have beene excepted. Namely when pro••ession is mad•• be∣fore the age of twenty five yeares by males, or twenty by mai••s: for then they may dispose of their portion left them by way of inheritance, already fallen unto them, or hereafter like to fall, either in a direct line or collaterall, to the use and b••∣hoofe of such of their kindred as they shall thinke fit; and not of the Monastery. And to this effect (the Ordinance addes) we have from henceforth declared them capable of inheriting and making testaments, the said profession or any rigour of law or custome to the contrary notwithanding. These last words are added by reason of the generall custome of France, whereby all religious persons are in∣capable of inheriting. Since that time the Ordinance of Blois alter'd the time of possession, and reduc'd it to the age of sixteene yeares; yet alwaies retaining the same rule for as much as concernes successions.

2 The same Councell hath made two Decrees very unlike one to another. By the one It commands all Regulars, as well men as women, to compose and con∣forme their life to the rule whereof they make their profession; as the particular vow of Obedience, poverty, and chastity. By the other, It gives leave to Men∣dicants (except the Fryers of St. Francis, the Capuchins, and Fryers Minorites) to possesse immoveable goods, even to such as are prohibited by their Orders. Ac∣cording hereunto the States holden at Blois in the yeare 1576, Vpon the eigh∣teenth of December came a Iacobin to preferre a petition•• that according to the Councell of Trent, Mendicants might be allowed to possesse immoveables; but it was answered they would advise upon his petition by making a generall order for it.

3 It is a long time since they procured Bulls from Rome derogatory to their first rules and institutions which they call Mare Magnum; but they were ne∣ver received in France. One of our French Doctours prayes to God that hee would take care that this great Sea become not the devils pond. The goodliest possessions are at this day in the hands of the Clergy; and that in such abun∣dance that some great Doctours have beene of opinion that they ought to bee taken from them. And in very truth if they may be allowed to purchase, there is no doubt but within a very little time the Clergy wil get all into their hands, and will have all the layitie onely for renters and farmers of their goods. How∣soever notwithstanding all their dispensations they have in France beene al∣wayes kept to their ancient abstinence. And of this matter there is an Arrest of the Parliament of Paris in the Collection of Gallus given out upon the Vigils

of our Lady 1385 against the foure Orders of Mendicants, wherein it was said that the Provost of Paris did ill to judge as he did; who had condemn'd the heires of Isabel de Bolayo to pay twenty pound Paris of yearely rent to every one of the said Orders, to bee received by the said Mendicants for certaine houses in Paris which she had given them, to have and to hold for them and their successours for ever. Their suit was declared irreceivable into the Court, and they condemned to pay charges. Gallus gives this reason, Because such Donation was contrary to the substance of their Order. I have an ancient copie of the Arrests of this Parliament concerning the King and the temporall justice, where the fact is related otherwise, yet so as the substance is much alike.

Betwixt the Fryers Mendicants plaintiffes, of the one partie, and Isabel de Palais inheretrix of Ioan Paumer defendresse, on the other party. By an Arrest of the Court it was said that the Provost of Paris had not judged right, and the said Isabel did well to appeale; for as much as he had condemned her to pay and to de∣liver to each of the said two orders, (namely the Predicants and the Car∣melites) twenty pound rent, given to them by legacy, together with the Im∣provements and arrerages which should be raised of it, and the charges. And had determin'd the contrary for the other two Orders, because they had not exhibited their titles. And it was said by the same Arrest that the said Mendi∣cants ought not to be admitted in the suit which they commenced, every one of them for twenty pound rent given unto them by legacy by the said Ioan. And the said Court did reserve unto it selfe the power of disposing of the said revenew for the soule of the said Ioan deceased. Pronounced the twenty fourth of March 1385.

Amongst the Arrests, num. 28. In the same Colle∣ction I finde written;

December the fift 1371, it was said that the Augu∣stine Monkes should not possesse any immoveable goods. The sixt of Aprill 385 'twas said that the Mendicants should not possesse any temporall goods, in the booke of the Counsell.

And as for the priviledges granted by the Pope, hearke what the Collection of the liberties of the Gallicane Church saith of them: The Pope cannot allow or dispence with any man for holding and posses∣sing any goods within this Realme contrary to the lawes, statutes, or customes of the places, without leave and licence from the King. This is further confirmed by an Arrest of Paris made in the yeare 1391, whereby a certaine Carmelite called Gratian was declared not to bee receiveable in a suit which he made for a certaine thing issuing out of an immoveable for the holding whereof hee was dis∣pensed with by the Pope. They were also forbid to hold secular benefices and Ecclesiasticall dignities by the letters patents of Charles the sixt, bearing date the nineteenth of February 1413, notwithstanding the Popes dispensations.

4 The Councel hath made a law concerning the farming out of Ecclesiasti∣call goods and lands, whereby such leases as are made for many years, and for payments before-hand, are declared not to bee valid, to the prejudice of suc∣cessours. Commission is also granted to the Provinciall Synods, or those whom they shall depute, to judge and declare invalid such leases of Ecclesiasticall goods as were made within this thirtie years, for a long time, or (as it is in some places) for nine and twentie yeares, or twice nine and twenty years. Whereupon it is urg'd in the first place, that it belongs to Kings and Emperours to make lawes and Ordinances about the alienation, or letting out of Ecclesiasticall goods, as they have alwaies done, in so much as all our books are full of examples in this kind. And what Popes and Councels tooke upon them in this regard, was by their toleration. In the second place, it doth not belong to a Councel to no∣minate and chuse Iudges, for the deciding of controversies arising about such farmes and leases. Nor doth it belong to the Ecclesiasticall Iudges to take the cognizance of them, but to the secular. And so it hath alwaies beene accusto∣med in France, whereof there are an infinite number of Arrests given out in such cases.

5 It is ordained by the sixt Chapter of the second Session of the same Coun∣cel, that the commutation of last wils and testaments ought not to be admitted but upon just and necessarie causes. See this is very faire: but put case the Pope ordaine otherwise, then there is no remedy. For it is only said, That the Bishops, as Delegates for the See Apostolique, shall take knowledge summa∣rily, and extra judicium, whether there have beene any errour or false informa∣tion. They cannot therefore judge whether the cause bee lawfull or no. See here then a grievance common to all Christendome: Behold yet another more particular to France; which is that the Lay Iudges are herein deprived of their jurisdiction, to whom it belongs to judge of the justice of the cause in matter of such commutations, excepting the case of conscience. See what is said in this point in the Collection of the liberties of the Galli∣cane Church,

The Pope cannot convert any Legacies, though they be given to charitable uses, or to any other use, contrary to the will of the deceased; save only in such cases when the will cannot be formally observed, or where there is a necessitie of making such commutation: alwaies provided that in such cases it be equivalent to that which was ordained by the testament, or other disposall made by the last will of the deceased; the cognizance wherof notwithstanding belongs to the Lay Iudge, except for the case of conscience.

Now suppose the Pope chance to make any such commutations without a sub∣stantiall and lawfull cause, it belongs to the Court of Parliament to reforme them upon appeals as from abuse, which are wont to bee put up in such cases; who must have their hands tyed, if this Councel be admitted.

Notes

• Wh••ther ••elig••∣o•••• p••••sons 〈…〉〈…〉
• Con••ll ••ri••. Sess 25. ••. 2. & 16.
• O••don •• Or∣le••ns Art. 19.
• Benedict. in re••pi••. 〈◊〉〈◊〉 Raynu∣tius in verb ut uxorem nom. Adelas. ••. 220. Ordon. de Bloi•• de l'an 1579. Art. 28. Sess. 25. c. 1.
• Sess. 25 c. 2••.
• See the colle∣ction ••f all th•••• p••st ••t ••he S••a••e•• of ••l••i•• de l an 1576. p. 19.
• Benedict. in cap. R••ynutius in verb. in eod. test. ••elinq nu. 126.

  Ioannes Gallu•• q. 62.

  V••yez Papon au recueil de•• Arrests ••it. des Religieux Mendian•••• Art. ••.
• Religious per∣sons uncapable of temporall reven••wes.
• Voyez Papon au recueil d'Ar∣rests tit. Des Religieux Mendians. art. 5 Recueil des li∣bertez de l'Eg∣lise Gallicane chap. 20.

  Papon au re∣cueil des Ar∣rests. tit. de Re∣ligieux Mendi∣ans art. 6.

  V. Ioannem Gallum quaest. 244.
• Guil. Benedict. in cap. Raynu∣tius. in verb. & uxor. nom. Ade∣las•• num. 219.

  Voyez aussi les or donn Concil Trid. Sess. 25. cap. 2.
• Papon au re∣cueil d'Arrests tit. d'alienation ••ccles. tit. 5. 6.
• Who may con∣vert legacies.