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. VII. That the place where the Councell was held was not free.

IT is urged moreover, that the place of the Councell was not free and safe: and that the suit being commenced against the protestants of Germany, the Councell should have been called within that country•• according to the r••quest exhibited by the body of the States of Germany assembled at Noremberg, whose words are these; They cannot thinke of a more powerfull and pre∣sent remedy•• than that the Pope, by the consent of the Emperour, call a free Coun∣cell in some convenient place of the Empire, as soone as may be; as at Strasburgh, Mayens, Cullen, Ments•• or at some other place convenient in Germany. In r••∣ference to this, the German Bishops assembled in an imperiall Diet at A••sburg 1547, com••laine to Pope Paul the third, for not causing that Councell to be holden in Germany, and the inconveniences that followed thereupon, with the little good it did. See the tenure of their letters set downe by Sleidan, and not contradicted by those that have written against him.

2 Whereupon the Bishops of Germany sent letters unto him the 14. of September, whereby they certified him of the State and danger of Germany, and said, it might have beene prevented, if in good time the remedy had been applyed by a generall Councell, to the disease, when it was first a breeding: for which Councell they had often importuned the Emperour, that he would procure so much as that it might bee kept within the confines of the Empire; that so the Bishops of the country, who were princi••ally concerned in it, might be there. For considering, their jurisdiction is of such a large extent, it would be very inconvenient for them to travaile out of their countrey, espe∣cially at this time. Finally, by diligence of the Emperour•• when there wa•• not a living soule to be found at Mantua, nor Vicenza, the Councell was con∣cluded upon and begun; but without the bounds of Germany; namely at Trent, which belongs rather to Italy. This was the reason there were so few Ger∣mans the••e; nor indeed could they bee; especially in a time of war, when all the passages were stopped and guarded.

3 The Protestants also have ever made the like demand, in many severall as∣semblies of Germany: namely, that there might bee a free Councell; and that it might be held in some imperiall City of Germany; as well for the liberty, as for the convenience. And besides, because the differences in religion were borne there.

4 I will set downe only what they say in a letter writ by them to the Em∣perour Charles the fifth, dated August the 11. 1546. Any body (say they) may easily see and perceive that this is none of the Councell, with the vaine hopes and promises whereof you have a long time fed us in many Diets: to wit, of a generall, Christian, and free Councell; and that it should be in Germany; as wee and our associats in religion have made remonstrance to your Majestie in the last Diet at Worms.

5 The King of England demanded likewise, that the Councell might bee in a place free and safe, out of the Popes dominions. And when hee understood that Italy was the place assigned, he protested against it as null, in the yeere 1537.

His life lyes at stake (saith he) that dares reprove the Pope, and ac∣cuse him to his face, unlesse it bee in a lawfull Councell: nor he nor his are se∣cured by safe conduct. And say he were, there are apparent dangers and good reason why he should not come there; for it is no new thing with the Popes to violate their faith to staine, and imbrue themselves in the bloud of inno∣cents: and howsoever others may safely go thither, for his part he could not, for evident reasons: For the Pope lyes in wait for him, and hates him mor∣tally.

6 The King of France made the like instance, in the protestation which he sent to Trent, and was presented by Monsieur Iames Amiot, Abbat of Bello∣sane, the first of September 1551. For after he had made rehearsall of the war, which the Pope had raised up against him; hee shewes, That he could not send the Bishops of his Realme unto the Councell, seeing they could not have free and safe accesse. Now this demand of the freedome and safety of the place is no new thing, but hath been put up at other times upon the like occasion. The Vniversity of Paris in the act of their appeal (whereof we spoke before) makes expresse mention of the safety of the place to which the appeal should be brought. The Fathers in the second Pisan Councell, offer Pope Iulius the second, to submit themselves to a Councell of his calling, but not in Rome, as he would have it; but in some other free place, where they needed not feare: Yea, they named ten Cities to him in severall places of Christendome, that he might make choise of one; or they would give him his choice to name ten in Italy; so they were not under his jurisdiction nor under the Venetians.

7 The delegates sent to the Pope at Rome by the same Councell, according to the commission which was given them; made proffer to the Colledge of Cardinals, of all peace, unity and obedience; alwayes provided they should agree of a common place of safety, and which stood neuter, for the celebration of a generall Councell; the city of Rome being much suspected both by them and many more. But it is fitting we here translate word for word, the reasons which were urged by that same Councell of Pisa in their apology against the Pope and Cardinals, who were obstinatly bent to have the Councell in the ci∣ty of Rome.

8

God forbid we should thinke the Lateran a safe place to meet in, and treat of the affaires of the Church, with safety and truth. Wee much suspect there are some ambushes lurking in the Lateran: and therefore from hence∣forth, we do most resolutely and earnestly refuse it, a•• a place notoriously and evidently suspect; as dreadfull and dangerous to our lives, especially now when we stand upon other protestations. We confesse indeed, and that con∣fidently; that place i•• very fitting and most safe for projectors: there are a

great number of men, well furnished both foot and horse: there are strong forts, a navy not farre off: And lastly, the City it selfe, with the adjacent people trained up in armes, and accustomed to the warres, all at the Popes de∣votion. There are Captaines which make but small reckoning of Cardinals and Prelates, when it is the Popes pleasure: And the Cardinals being alrea∣dy possessed with this feare, are not in case to counsell what is true, but what will please. Nay there is not a man alive, but will take his oath without scru∣ple, that the place designed at Rome, is full of treacheries, and very dange∣rous, both for those who called the Councell at Pisa, and all those that were present there. And we know nothing in all the world so certaine, but is lesse certaine than what wee said before. If then the comming into the City at this time, be generally reputed and esteemed to bee with the great hazard of the lives of the Fathers; this refusall ought not to bee offensive. For what man is hee (as Clement the fifth said) that will easily come before a judge guarded with a strong army? Who durst, or could bee thought to appeare willingly before him, and put himselfe into their clutches, whose violence he hath good reason to be afraid of? Which is a thing to be feared of right, and which we usually eschew, which reason enforceth us to doe, and which nature abhorreth. As for the Popes faire words in offering us safe conduct, and his promise to receive and intertaine us courteously, and lovingly, these will not serve either to remove, or lessen the just feares which possesse the minds of the Fathers. For what faith and promise can be made with more solemnity, than that of the Conclave, confirmed by vow and oath, and that in forme of a contract? Yet the late creation of Cardinals, whose liberties were not preserved, doth give sufficient testimony how it was kept. But suppose we were in hopes that his Holynesse will keepe his promise with an upright heart, without suffering himselfe to be transported either with hate or choler: how can the Fathers be assured in their hearts, when they looke backe upon things by-past, though his Holynesse should not be touched with indignation? Popes are men, and God saith, there are twelve houres of the day: Who will secure us against the infinite number of persons which de∣pend upon the Pope? against the injuries and affronts of those lewd peo∣ple, which swarme in the Court of Rome? The intolerable wrongs, the cruell insolencies, the horrid and unheard-of butchering, which some Fathers have suffered that followed the Court, are a sufficient item to us, and make us more wary. Not to goe far for examples, the Pope himselfe, when hee was but yet of an inferiour order, hath sufficiently instructed us, how far wee may rely upon the safe conducts of the Court; (from which there is no ap∣peal) for he was wont to say, It is a great peece of folly to change life and liberty, with the skin of a dead beast: that is, with a parchment of safe con∣duct. It will be hard for him to make others beleeve what himselfe was so resolute not to beleeve, and that for so long a time. Which indeed stands with good reason; for even Innocent the fourth tels us, that no man is bound to put himselfe into the power of his enemy with letters of safe conduct. Hereupon the former Popes, after they had got Armies, Garisons, and Citta∣dels into Rome, were wont to assemble Councels in other places, rather than there. And if there be no more liberty allowed to the Senat, than what they now have, if the Popes doe not take another course of life and govern∣ment, than they doe, no man can ever thinke that in such kinde, of Ecclesia∣sticall liberty as this, there is any fit and convenient place for receiving the Holy Ghost, who doth usually reside in free so••les assembled in a Councell. Seeing then that the exception against the place is proved to be lawfull by all right and reason; seeing the profer of safe conduct cannot in right and reason remove the just feare, which is such as may bee incident to men of fortitude;

would to God those projectors would make no more mention of the place of the Lateran: for by standing so peremptori••y upon the difficulty and dif∣ference of place, they give no small occasion of sus••ition, that they doe not so much desire that the Synod should be held at the Lateran, as to hinder the holding of it at Pisa or elsewhere.

10 All the reasons alledged in this Apology are very pat for the Protestants. They alwayes demanded, that the Councell might be kept in Germany this de∣mand was repeated in all the Diets h••lden in those dayes. The C••tholique Princes and States of Germany made the same request to Pope Adrian the 6•• in the Diet of Noremberg, (as we said before) but there was ••o w••y to com∣passe it. The Pope hath not yet forgot the Councels of Constance and Basil. He thinkes Germany is fatall to him; but the worst is, he will not b••••ge out of Italy. One while he will have it at Mantua, anon at Vicenza, t••en at Trent•• afterwards at Bonony, lastly at Trent•• but still in Italy. For it cannot be denied but Trent is in Italy, although in the description of it at the beginning of the Councell it is said to be in the confines of Italy and Germany. All antiquity puts it in Italy. Ortelius in his Theater of Geography•• puts it in the map of Ita∣ly. This City was otherwise no lesse formidable to the Protestants than Rom•• was to the Pisan Fathers. The Bishop was Lord of the Towne, and the Pope of the Bishop; who had taken an oath of him, and was bound unto him b•• a red hat which he received from him. Besides, it is a City subject to treacheries and ambushments, the places thereabouts being at the Popes devotion. The denyall of having the Councell kept in Germ••ny, or any other pla••e of free accesse, breeds a suspicion of fraud and false-dealing. As for safe conduct, that was offered here also; but if they of Pisa could not rely upon it, much lesse the Protestants; especially so long as the memory of Iohn H•••• and Ierom of Prague was not extinct, and the decree of the Councell of Constance stood in force; which saith, that proces must bee made ag••inst heretiques, notwith∣standing the safe-conduct of the Emperour and other Kings: and some shift might be found to wave that also which was granted by the Councell.

11 There needed no more but that one Canon, Bad promises must be broken, to thunder-strike all heretiques, notwithstanding their safe conduct; and that rule which is given us by Boniface the eighth, It is not necessary for a man to keepe his word in unlawfull promises. And God knowes there was no w••n•• of such Doctors as would put such a glosse on those decrees as would best suit with the point in question. For is there any thing worse than a here••ique? to communicate and converse with them, is it not a kinde of contract is it not a•• obligation? The Canonists advise us not to trust too farre to such safe con∣ducts, and excuse them that take their councell, from all defaults that they can incurre; acquitting them from all sentences and proces made against them, which they brand with a nullity.

12 When the great schisme was in the time of the Emperour Sigismond, for the appeasing whereof the Councell of Constance was called, th••re was a great deale of ceremony about chusing the place. That very point was held so materiall, that the winning or losing of the cause was thought to depend upon it. They agreed well enough of the time (so the Germane Chronicl••s) but a great controversie there was about the place. The Popes perceived well enough that the place was all in all, and no question but he of Rome had beene cast, had it beene in any place that acknowledged him of France for the true Pope; and on the contra∣ry, the French Pope deposed, if in a place where the Romane was taken for th•• lawfull Pope. And therefore they contended a long time about the place Pope Iohn did wisely dissemble, and not communicate his counsell save to one or two; his chiefe care was that it might not be in any place where the Emperour was the stronger party. Which notwithstanding fell out against his will, which almost

made him to despaire. The Legats being returned to the Pope, (say those Chro∣nicles, meaning Iohn the three and twentieth) and having certified him of the place of the Councell, which was agreed upon, he had like to have gone mad by rea∣son of the excessive griefe he conceived thereupon, and cryed out hee was undone, and began to cast about for the alte••ing of it. But all his counsellors lying their heads together could never invent a pretence faire enough to bring that about. Nauclerus hath the very same in a manner, who brings in the testimony of Aretin in this sort:

13

We must not omit (saith Leonard Aretin) a memorable accident which f••ll out then, whence we may learne that all things are disposed from above•• The Pope (saith he) had secretly imparted unto me his intention and designe, (he was the Popes Secretary) saying unto me, All depends upon the place of the Councell, I will not have it in a place where the Emperour is stronger than I, wherefore I will give a large commission and authority to the Legats whom I shall send for fashion sake, which they may shew in publique; but in private I will restraine their power to certaine places; and he told me the number of them. Persisting many dayes in this minde, the time came that he must dispatch the Legats. Then having caused all other to avoid the roome, my selfe onely excepted (saith Leonard) he communed secretly with the Le∣gats, and exhorted them with many arguments to be diligent in performing the charge of their legation; representing unto them how the businesse th••y were sent about was of great importance: then coming to curry favour with them he commended their discretion and fidelity, saying, they knew better what was fitting to be done than he himselfe did. While hee was speaking and repeating these things, his affection did alter in a moment a plot which was long before intended. I had purposed (said the Pope) to nominate some places, to which and no other you should condiscend; but I have changed my minde at this very instant, and leave all to your discretion: consider with your selves what will be safest for me, and what I need be afraid of. Then in their presence hee tore the Paper wherein the names of those places were writ, without naming any place at all to them. The Legats being dispatched towards Sigismond, pitched upon the City of Constance for the place of the Councell, which was within the Emperours dominions. But when Pope Iohn heard of it, you would not thinke how he was grieved at it; hee cursed himselfe and his fortunes. But there is no resisting of the will of God: God had ordained long before that there should be but one ••••ock, and one shep∣heard.

14 Amongst other nullities, the States of Germany assembled in the Diet at Francford the yeere 1338. doe urge against the sentence and proceeding of Pope Iohn the 22. and his Councel, concerning the excommunication of Lewes the fi••th, the little safety in the place appointed for the Emperour to make his appearance at. That the citation (say they in a Decree which runnes in the Emperours name) binde the party assigned to appeare, it is requisite there bee a time appointed him, and that the place where he is to make his appearance be safe. But it is notoriously knowne that this same Iohn doth beare a capitall hatred to us, and hath with an army of souldiers pursued us, our liegemen and confederates. Besides, the City of Avignon, the Pope himselfe, and the Lord of it, have a long time hated both us and the Romane Empire; wherefore it were senslesse for any man to say that such a summons was Canonicall: for on the contrary, it is utterly void and invalid in a law.

13 The authority of b Clement the fifth may serve to prove, that those who are summoned need not appeare but in a place of safety, in as much as his dis∣anulling of the sentence of condemnation pronounced by the Emperour Henry the sixt against Robert King of Sicily, was mainly grounded upon this very

consideration. It is a thing evident and unquestionable, (saith he) that during the time of this proces and quarrell, even then when the sentence was given, there was alwayes a great army about the Emperour, that pursued the King and his partakers with mortall hatred, and that the City of Pisa, where the sentence was given, had an ancient grudge against the said King, as every body knowes. Sup∣posing then, that the King was lawfully cited upon those grounds by the Emperor, was he bound to come before a judge that was accompanied with a great army? one that hated and was incensed against the party summoned, as was said before? Was he bound to appeare in a populous place, of great strength, and which bore hatred towards him? who durst doe so? or by what r••ason should any man be bound to bide his doome in such a Consistory, to cast himselfe into his enemies bosome, to present himselfe voluntarily to die, and that for no just cause, but by an open in∣jury: He were a foole that would thinke such a citation bound the party cited to make appearance.

16 All these considerations hold good against the Councell of Trent. For besides that all the Cardinalls, all the Archbishops, Bishops, Abbats, Priours, and others that bore place in it, were enemies to the Protestants, and to them that were out of favour with the Pope; the City was at enmity with them, and the Lord of it. Moreover the Popes armies were almost continually abroad in Campania during the time of the Councell, either against the Protestants, or against the King of France, or upon other occasions, as we shall shew anon.

17 Nicholas the first, speaking of the suit which was betwixt King Lotha∣rius and his Queen Thieberg, whom he put away from him, ordaines that the cause shall bee debated in a place of safety, where they need to feare nothing. Wherefore it is fitting (saith he) to procure such a place where the force of a mul∣titude needs not to be feared: And the glosse upon it; This is an argument that the judge is bound to provide a place of judgement for the hearing of the cause, where the parties may meet freely and safely. Which glosse is approved by the common opinion of the Canonists.

18 Innocent the third will have it to be a just occasion of appeal, when the party is appointed by the judge, to come to a place which is not safe. As of∣ten (saith he) as you shall be summoned before any judges, if it be dangerous to ap∣peare before them, you may lawfully become appellants.

19 Innocent the fourth speaking of the satisfaction which he offered to make the Emperour Frederick, and referred it to be determined by Kings, Princes, and Ecclesiasticall persons, whom he offered to call together in some place for that end, makes expresse mention of the safety of the place. Wee are ready (saith he) to assemble Kings, Prelates, and Princes, both spirituall and temporall in some place of safety. And the glosse upon this; A judge should appoint such a place, or else there is a just cause of appeal, although it bee said that no appeal shall be admitted.

20 Ivo Bishop of Chartres complaines of the Popes Legat, because he had chosen the city of Bloys, there to decide the cause of the Clergy of Chartres; who could not repaire thither with safety by reason of the populacy of that City.

21 The same Bishop having a controversie with some of his Clergy depen∣ding before the Archbishop of Sens his Metropolitan, intreats him to appoint a place for judgement, whither they might goe and come with safety.

22 The Legat we spoke of, having appointed a Councell, consisting of French Bishops, to meet at Sens, for the absolution of King Philip the first, from the excommunication which was darted out against him by the Pope, by reason of his unlawfull marriage, hee gives him notice, that hee might have done better, to have proceeded to that absolution in another place then Sens, that so every one might have had meanes to speake his opinion freely.

23 The Doctours of the Canon law doe all agree, that an exception against the safety of the place is pertinent, and ought to be admitted•• that it is good both by the Civill law, and the law of nature, that a man summoned to a place where any danger threatens him, is not bound to appeare, nor to send his pro∣ctour; and that a judge is bound to assigne the parties a place of safety for the hearing of their cause, otherwise there is just cause of appeal.

Notes

• Vid. responsio∣nem principum & aliorum Im∣perii ordinum pontificio legato ••edditam, in ••a∣s••i••ulo rerum expetendarum pag. 173.
• Sleidan. lib. 19. not cont••••∣dicted by Suri∣••s ••nd Fonta∣nus.
• Councells should be hol∣den in a free place.
• Sleidan. Com∣ment. lib. 11.
• Extat haec pro testatio in libr•• de Ecclesia Gallicanae sta∣tu in schismate.

  Ad futurum Concilium legi∣timè ac in loco tuto & quem li∣berè et cum se∣curitate nos ea∣dem Vniversi∣tas, vel à no•••••• & ab ea depu∣tandi adire p••∣terimus prov••∣camus & ap∣pellamus.

  Vid. fascic. re∣rum expeten∣darum. pag. 36••
• This apology of the Councel of Pisa, ••as printed at M••∣lan by Gora••∣dus Ponticus ann. 1512••
• The Councell of Pis••'s apo∣logy.
• Trent, subject to th•• Pope.
• Angelus Imm••∣la.

  S••cinus Deci∣us in Consiliis adversus Iuli∣u•• 2 Ia••oba∣••ius. & alii.
• Mu••iut Ger∣man. Chron. lib•• 27. circa prin∣cip.
• T•••• 〈◊〉〈◊〉 now ••cc••unt••d of b•• Po••es.
• Naucle••us vol. 2. g••nerat. 48.
• N••••clerus vol. 2. generat. 45.
• a

  Vt probatur cap•• ex parte D. de appellat. 3. q. 9. Hortamur ut lite non con. test. accedens. D. de judic. l. ••i locum.
• b

  Clement. Pa∣storall•• de sen∣••ent. & reju∣dis.
• Safety of the place enquired by the Canon Law.
• Can. ••ine de Con••ugii. Cau. 33 q. 2. Adde can. Lo∣tharius. caus. 3•• q. 3
• Archidiaconu•• de Turrecrema∣ta, & alii ibid. Et Regin. sub ann. 864.
• Ivo epist. 94.
• Ivo epist. 205••
• Ivo epist. 166••
• Th•• Roman Clergy only called to the Councell.
• Doctores in Clement. Pasto∣ral•••• de senten∣tia & rejudicata. Oldrad. Cons. 43. Calderinus Cons. 5. Abbas, & Moderni in cap. veniens de accusat. Ma∣rian. Socin. in rubric. de dilat art•• 15. q. 5. Gloss. in cap. cum locum. Extra. De sponsal. & matrimonio.