The historie of the Councel of Trent Conteining eight bookes. In which (besides the ordinarie actes of the Councell) are declared many notable occurrences, which happened in Christendome, during the space of fourtie yeeres and more. And, particularly, the practises of the Court of Rome, to hinder the reformation of their errors, and to maintaine their greatnesse. Written in Italian by Pietro Soaue Polano, and faithfully translated into English by Nathanael Brent.

THE SEVENTH BOOKE OF THE HISTORY OF THE COVNCELL OF TRENT. (Book 7)

THe custome of those who write Histories is, * 1.1 to propose, in the beginning, a modell of what they meane to handle. Which I haue thought fit to deferre vntill this place, making it an ab∣stract of the which is related already, and a desseigne of that which is to follow. Hauing resolued to giue to the memorials, which I had collected, some forme, which might not ex∣ceed my power, and yet best befit the matter, I considered, that, of all the negotiations which haue hapned amongst Christians in this world, or perhaps will hap∣pen hereafter, this is the most principall, and that most men are desirous to know whatsoeuer doth belong to that which they doe esteeme euen the least things of all. Therefore I thought first that the forme of a Diarie would best agree to this subiect. But two oppositions did crosse mine opinion: One, that that forme could not befit the occurrences of twenty nine yeeres, spent in making preparation for the birth of this Councell, nor of the foure∣teene yeeres which passed while it slept, it not beeing knowen whether it were aliue or dead. Another, that all the matter which a continuate Diarie doth require, could not possibly be found. Therefore, fitting the forme to the matter, as nature doth, not the matter to the forme, as the Schooles, I thought it not absurd to write the preparatory and interconciliary times by way of Annals, and in those of the celebration to make a Diarie of the occurrences of those dayes, the knowledge whereof I was able to attaine; hoping that whosoeuer shall reade this Treatise, will excuse the omission of those which could not be knowen. For if of things, the intire memorie of which those who haue interest doe labour by all meanes to preserue, often times a great part is quickly lost, how much more will it happen in this, which many

men of great place, and exact iudgement, haue vsed all diligence, amd spa∣red no paines wholly to conceale. It is true that matters of great weight ought to bee held in a mystery, when it is for the common good; but when it doeth damnifie one, and profit another, it is no maruaile if men who haue contrary ends, doe proceed in contrary courses. The common and famous saying of the Lawyers is true, that his cause is more to be fauoured who la∣boureth to auoyd losse, then as who seeketh gaine. For these causes this Treatise of mine is subiect to some disequalitie of Narration; and howbeit I might say, that as much might bee found in some famous Writer, yet this shall not bee my defence; but this, that if others haue auoyded it, they haue not written the History of the Councell of Trent, nor any other like vnto it.

The Ambassadours of France, so soone as the Session was ended, receiued * 1.2 letters from their King, that they should make instance for the deferring of it. Wherefore though the time was past, they came to the Legates, and told them they had a new commission from the King to make request, that they would labour in the reformation, and, for points of doctrine, expect the comming of his Prelates; adding that, if the matter of Order and Matrimonie were disputed by the Diuines, and handled by the Prelates, no more points of doctrine would remaine, and the comming of the Frenchmen would bee to no purpose. Wherefore then request was, that they would be pleased to deferre them vntill the end of October, imploying themselues, in the meane space, in the matter of reformation, or one day in that, and another, in mat∣ter of doctrine, not deferring as they had done, all the matter of reformati∣on vntill the last dayes immediatly before the Session, so that there scarce re∣mained time so much as to see the Articles, much lesse to consult vpon them. The Legates answered that their propositions did desire to be weighed well, * 1.3 and that they would be carefull to giue them all possible satisfaction; deman∣ding a copie of their instructions, that they might resolue the better. The Ambassadours gaue them a writing, of this tenour: That the King hauing seene the Decrees of the sixteenth of Iuly, concerning the Communion Sub v∣traque, and deferring two Articles in the same matter, and those proposed in the Congregations concerning the sacrifice of the Masse, howsoeuer hee commendeth that which is done, yet he cannot conceale that which is gene∣rally spoken, that is, that the matter of discipline and manners is either quite omitted, or slenderly handled, and the controuersed points in Religion, in which all the Fathers doe agree, hastily determined. Which although hee thinketh to bee false, yet hee desireth that the propositions of his Ambassa∣dours may bee expounded, as necessary, to prouide for the good of Christen∣dome, and the calamities of his Kingdome. And hauing found, by exper∣ence, that neither seuerity nor moderation hath beene able to reduce those who are separated from the Church, hee thought fit to haue recourse to the Generall Councell which hee hath obtained of the Pope; that hee was sory that the tumults of France did hinder the comming of his Prelates; that hee saw well that the constancie and rigour, in continuing the forme begunne by the Legats and Bishops, was not fit to reconcile peace, and make an vnity in the Church; that his desire was, that nothing might bee done to aliene the

mindes of the aduersaries, now in the beginning of the Councell, but that they may bee inuited, and, in case they come, receiued as children with all hu∣manitie, hoping that by this meanes, they will suffer themselues to be taught, and brought backe to the bosome of the Church. And because all that are in Trent doe professe the same Religion, and neither can nor will make doubt of any part thereof, hee thinketh the disputation and censure in poynts of re∣ligion to bee not onely superfluous, but impertinent for the Catholiques, and a cause to separate the aduersaries the more. For hee that thinketh they will receiue the Decrees of the Councell in which they haue not assisted, doeth not know them well; neither will any thing bee done by this meanes, but ar∣guments ministred of writing more Bookes. Therefore the King thinketh it better to omit the matter of Religion, vntill the other of Reformation bee well set in order: and that this is the scope at which euery one must ayme, that the Councell, which now is great, and will bee greater by the comming of the Frenchmen; may produce fruit. Afterwards the King demandeth, that in regard of the absence of his Bishops, the next Session may bee put off vntill the end of October, or the publication of the Decrees deferred, or a new order expected from the Pope, to whom hee hath written, labouring in the meane while in the matter of Reformation. And because he vnderstan∣deth that the ancient libertie of Councels is not obserued, that Kings and Princes, or their Ambassadours may declare the necessities of their States, his Maiestie demandeth that their authoritie may bee preserued, and all reuoked which hath been done to the contrary.

The same day the Emperours Ambassadours came to the Legats, requi∣ring * 1.4 that the Articles sent by his Maiestie, and presented by them, might bee proposed, and were very earnest that the points of doctrine might bee defer∣red vntill the comming of the Frenchmen; and, that the reformation may bee seruiceable not onely for the whole Church, but for the Church of euery particular Kingdome, their desire was that two of euery Nation might bee deputed, to put them in minde of that which did deserue to bee proposed, and discussed in Councell. The Legats made a common answere to them both, that they could not alter, without great preiudice, the order set downe, which was to handle Doctrine and Reformation both together, and, if they should, that other Princes would oppose; but, to content them, they would ordaine that the Diuines and Prelates should examine the matter of Order onely, and afterwards handle some poynts of Reformation, obseruing still the former vse, that euery one, of what condition soeuer, may put them, the Legats, in minde, of what they thinke necessary, profitable, or conuenient; which is a greater liberty then to haue two deputed for euery nation: and af∣terwards they would treat of Matrimonie. The Ambassadours being not one iote contented, the Legats sent all their demands to the Pope.

The Frenchmen complained to all men of this austeritie, and for that the Pope had lately commanded other Prelats to goe to the Councell, that hee might exceed in number: which the Papalins themselues did not like should bee done so openly, and iust when the newes was spread of the comming of the French-men; desiring to be secured by a maior part, yet so, as not to haue it knowne for what cause it was done. But the Pope did of set purpose pro∣ceede

〈◊〉〈◊〉 openly, that the Cardinall of Loraine might know that his attempts would be in vaine, and so resolue not to come, or that the Frenchmen might take some ••easion to make the Councell dissolue. Neither was the Pope o••••ly of 〈…〉〈…〉pinion, but all the Court, fearing some great preiudice by the Cardinals desseignes; which howsoeuer they might not succeede (a thing which they could scarce hope hope〈…〉〈…〉) yet his comming onely would hinder, prolong, and disturbe the Councell. Ferra•••• told Loraine, his kinseman, 〈◊〉〈◊〉 his iourney would bee of no moment; and of small reputation to him∣selfe, in regard hee would arr••ue after all was determined; and Biancheto, a familiar friend of the Cardinall of Armignac, who also had credit with Lo∣raine, 〈◊〉〈◊〉 as much to them both; and the Secretary of Seripando, who had 〈…〉〈…〉ritie 〈◊〉〈◊〉 the President Ferrier, ••olde him the same; all which was though too bee do 〈◊〉〈◊〉 by commission from the Pope, or to please him, at the least.

But t••••ir care of the actions of the Councell was not intermitted for all * 1.5 this. For the Articles; concerning the Sacr••ment of Order, were presently giuen foorth, to be disputed by the Diuines, the disputants elected, and di∣stinguished into foure rankes, each of them being to di〈…〉〈…〉 two. For they were eigh••. 〈◊〉〈◊〉 Whether Order be truely and properly a Sacrament, insti∣tuted by CHRIST, or an humane inuentions or Rite, to elect Ministers of the word of GOD, and of the Sao••••ments? 〈◊〉〈◊〉 Whether Order bee one Sa∣orament onely and all others bee meanes and degrees vnto Priesthood? 3. Whether there be an Hierarchie in the Catholique Church, consisting of Bishops, Priests, and other Orders, or whether all Christians bee Priests, or whether the vocation 〈◊〉〈◊〉 consent of the people or secular Magistrate bee ne∣cessary, or whether a Priest may become a Laicke? 〈◊〉〈◊〉 Whether there be a visible and externall Priesthood in the new Testament, and a power to conse∣crate and offer the body and blood of CHRIST, and to remit sinnes, or onely the ba••e Ministery to preach the Gospel, so that those who preach not are not Priests? 〈◊〉〈◊〉 Whether the holy Ghost is giuen and receiued in ordination, and a Character imprinted? 6. Whether Ʋnction, and other ceremonies, be necessary in consering Order; or superfluous, or pernicious? 〈◊〉〈◊〉 Whe∣ther Bishops bee super〈…〉〈…〉 to Priests, and haue peculiar power to confirme and ordaine, and whether those who are brought in by any other meanes then Canonicall ordination, are true Ministers of the Word and Sacraments•• 〈◊〉〈◊〉 W〈…〉〈…〉 the Bishops called and ordained by the Pope, be lawfull & 〈◊〉〈◊〉 the those bee true Bishops who come in by any other way then Canonicall institution? The 〈◊〉〈◊〉 of the moneth the Congregations of the Diuines 〈◊〉〈◊〉 ga•• and were held twice la day, and ended the second of October. I will, ac∣cording 〈◊〉〈◊〉 vse, ••••late those opinions onely which are remarkeable, 〈◊〉〈◊〉 ther for singularity o•• 〈◊〉〈◊〉 among themselues.

In the first Congregation foure Dillines of the Pope spake, who did all * 1.6 〈◊〉〈◊〉 in 〈…〉〈…〉ning that Order was a 〈◊〉〈◊〉, by places of Scripture 〈◊〉〈◊〉 ally by that of S 〈◊〉〈◊〉 The thing ••hich 〈◊〉〈◊〉 from God, are 〈◊〉〈◊〉, then by the ••••adition of the Apo••••le, s••yings of the 〈◊〉〈◊〉, v••••iso 〈◊〉〈◊〉 〈◊〉〈◊〉 〈◊〉〈◊〉, and aboue all, by the Councell of Florence adding also this reason; that the Church would bee a confusion if there were not gouernnment and obe∣dience.

But Friar Peter Soto was copious, in shewing that there were seuen Orders, and each properly a Sacrament, and all instituted by CHRIST, saying, it was necessary to make a declaration herein, because some Canonists; pas∣sing the limits of their profession, haue added two more, the first Tonsure, and the Bishopricke; which opinion may cause many other errors of grea∣ter importance. He likewise shewed at large, that CHRIST had, when hee was on earth, exercised all these Orders, one after another; all whose life as it was addressed to the last of these Sacraments, so it is plaine, that all the others serue onely as a ladder, to climbe vp to the highest, which is the Priesthood.

But Ierolamus Brauus, a Dominican Friar, hauing protested that hee con∣stantly held that there were seuen Orders, and each of them a Sacrament, and that the vse of the Church ought to be obserued, to proceed from the infe∣riour to the superiour, and so to the Priesthood, he added, that hee was not of opinion that so particular a declaratiō ought to be made, in regard of the dif∣ference betweene the Diuines, amongst which one can hardly find two of the same minde. For which cause Caietan, in his old age, wrote, that he that collecteth the things taught by the Doctours, and in the auncient and mo∣derne Pontificals, will see a great confusion in all other Orders but Priesthood. The Master of the Sentences maintayned, that Sub-deaconship and inferiour Orders, were instituted by the Church, and the Scripture seemed to haue in∣stituted the Deaconship, as a ministery of Tables, and not as one of the Altar. The difference concerning inferiour Orders in the old Pontificals, where that which is in one is not in another, doeth shew they are Sacramentall, and not Sacraments. And reason doth lead vs hereunto. For the actions which one ordained doth, may be done by one not ordained, and are of the same vali∣ditie, effect, and perfection. Saint Bonauenture also, though hee thinketh that all seuen are Sacraments, yet he holdeth two other opinions to be probable; one, that onely Priesthood is a Sacrament, and the inferiours, being imployed about corporall things, as to open doores, reade Lessons, light Tapers, and the like, doe not seeme to expresse any celestiall matter, and are therefore one∣ly dispositions to Priesthood. The second, that the three holy Orders are Sa∣craments, and, concerning the common saying, that the inferiour are degrees to the superiour, Saint Thomas affirmeth, that in the Primitiue Church many were ordained Priests immediatly, without passing by the inferiour Orders, and that the Church did ordaine that this passage should be made for humi∣liation onely. It appeareth plainely, in the Actes of the Apostles, that Saint Matthias was immediatly ordayned an Apostle, and the seuen Deacons did not passe by the Subdeaconship, and the inferiour Orders. Paulinus saith of himselfe, that, hauing a purpose to apply himselfe to the seruice of GOD in the Clergie, he would, for humiliation, passe by all Ecclesiasticall degrees, be∣ginning from the Ostiarie; but while hee was thinking to begin, beeing yet a Laicke, the multitude tooke him by force in Barcelona on Christmas day, ca∣ried him before the Bishop, and caused him to be ordained Priest at the first; which would not haue beene done if it had not beene the vse in those times. Therefore this Brauus concluded, that the Synod ought not to passe beyond those things which are agreed on by the Catholiques, and that it was better

to begin with the Order of Priesthood, which would make a connexion be∣tweene this Session and the last, which handled the Sacrifices, and to passe from Priesthood to Order in generall, not descending to any particularitie.

The Congregation being ended, and most of the Prelates departed, Fiue Churches, with his Hungarians, and some Polonians, and Spaniards, taried be∣hinde; to whom he made a speach, and sayd, that the Emperour, being freed from all suspicion of warre; by the truce concluded with the Turke, tooke * 1.7 nothing so much to the heart as the reformation of the Church; which would surely be effected, if some of the Prelates in the Councell would assist. Therefore he exhorted and prayed them, for Gods sake, and for the charitie which euery Christian oweth to the Church, that they would not abandon so honest, iust, and profitable a cause, that euery one would put downe in writing what hee thought might be constituted for the seruice of God, with∣out any respect of man, not reforming one part, but the whole body of the Church, both in the head and in the members. Granata did second him, shewing the necessity and opportunity thereof, thanking the Bishop of Fiue Churches for his admonition, and said, they would consult amongst them∣selues. For this cause the Spaniards, being assembled together, discoursed of * 1.8 the necessitie of reformation, and the hope thereof, in regard of the Empe∣rours inclination, from which their King also, who was most piously addi∣cted would not disseut, and the French Prelates, who would shortly be there, would vndoubtedly promote and assist the worke, in earnest. They repeated diuers abuses, and shewed that the fountaine of them all was the Court of Rome, which is not onely corrupt in it selfe, but the cause of deformation in all Churches; and particularly the vsurpa••ion of the Episcopall authoritie, by reseruations, which if it were not restored, and the Court depriued of that which they haue taken from Bishops, it would bee impossible the abuses should bee redressed. Granata considered, that, it beeing necessary to lay a good foundation for so noble a Fabrique, a way was open for them now that they were to speake of the Sacrament of Order, if it bee determined that the authority of Bishops is instituted by CHRIST; because it will follow by consequence, that it cannot bee diminished; by which meanes that will bee restored to the Bishops, which hauing been giuen them by CHRIST, hath by the ambition of others, and their owne negligence, been vsurped from them. Braganza added, that it was so much the more necessary, be∣cause the Episcopall authority was brought to nothing, and the Order ere∣cted superiour to Bishops, vnknowen to the Church in former ages, that is, the Cardinals, who at the first, were esteemed in the number of Priests, and Deacons, and, after the tenth age began to exalt themselues aboue their de∣gree. Notwithstanding they were still accounted inferiour to Bishops vn∣till the yeere 1200 since which time they haue so farre aduanced themselues, that they hold Bishops as seruants in their houses, and it will bee impos∣sible to reforme the Church, vntill both of them bee reduced to their due places.

These propositions and discourses were heard with applause; so that they resolued to elect sixe of them, to put in writing the things necessary and fit, as well for the reformation in generall, as particularly for this point of the

institution of Bishops, whence they purposed to begin, Oranata, Iasper Cor∣nante, Archbishop of Messina, the Bishop of Segouia, and Martin di Cardoua, Bishop of Tortosa were named, the last of which was cause why the proiect did not proceed. For, hauing secret intelligence with the Papalins, he excu∣sed himselfe, alleadging his owne insufficiencie; and the vnfitnesse of the time, adding that Fiue Churches was not mooued with pietie, and had no o∣ther end then to make vse of them, to constraine the Pope, by meanes of the reformation, to grant the vse of the Cup, wherein they had beene auerse. And seeing they were disposed to heare him, hee preuailed so much with them that they passed no further for the present, but interposed a delay. Not∣withstanding it was not long deferred. For Granata, Braganza, Messina, and Segouia, hauing obtained audience of the Legates, desired that they might handle the Articles proposed heretofore by Cardinall Crescentius in this same Councell, and concluded, though not published, that is, that the Bishops are instituted by CHRIST, and are superiour to Priestes iure diuino. The Legates, after they had conferred together, answered, that the Luthe∣rans hauing affirmed that a Bishop and a Priest is the samething, it was fit to declare that a Bishop is superiour, but that it was not necessary to say quo iure, nor by whom a Bishop is instituted, because there is no controuersie of it. Granata replyed that there was a controuersie, and that if the Diuines did dis∣pute it, the necessity of deciding this point would be knowne. The Legates would not consent by any meanes; and, after some few sharpe words on both sides, the Spaniards departed without hauing obtained any thing; yet resolued still to perswade some of the Diuines to bring this particular into * 1.9 the discussions, and to make mention of it when they were to giue voices in congregation. But the Papalins, vnderstanding hereof, did cause it to be voyced amongst the Diuines, that the Legates did forbid all speach of that question.

But to returne to the congregation, when the second ranke spake, consi∣sting of Diuines and Canonists, Thomas Passius, a Canon of Valentia, said, that all doubt made of the Ecclesiasticall Hierarchie, did proceede from grosse ignorance of antiquity, it being a thing most knowne that in the Church the people hath alwayes beene gouerned by the Clergie, and, in the Clergie, the inferiours by the superiours, vntill all be reduced vnto one vniuersall Rector, which is the Pope of Rome. And hauing declared the proposition at large, he added that there was no need to doe any thing herein, but to make this trueth appeare, by remoouing the contrary errours, which haue bin brought in by the Schoolemen, who sometimes, by too much subtiltie, doe make plaine things obscure, opposing the Canonists, who place the first tonsure, and the Bishopricke in the number of Orders. Of the latter he said, it seemed strange to him, how they could confesse, that confirmation, ordination, and so many other consecrations doe so peculiarly belong vnto it, that they can∣not possibly bee done by any else, and yet deny it to bee an Order, when as they giue that name to the keeping of the doore, which may as well be done by a Lay-man. For the first tonsure, he hath euer heard the Diuines say, that a Sacrament is an externall signe which signifieth a spirituall grace, and that the tonsure is the signe, and the thing signified is the deputation to the seruice

of God; and therefore hee wondered why they would not haue it to be a Sa∣crament, and the rather, because one entreth into the Clergie by it, and doth participate of Ecclesiasticall exemptions; so that, if it were not instituted by CHRIST, it could not be said, that either Clergiship, or the exemption thereof were de iure Diuino; that it was plaine that the Hierarchie consisteth in the Ec∣clesiasticall Orders, which is nothing but an holy order of superiors and infe∣riors, which can neuer bee well established without making, as the Canonists * 1.10 doe, the Tonsure the lowest, and the Bishopricke the highest; which being done the Hierarchie is all established, because the first and last being giuen, those of the middle will necessarily follow, which cannot subsist without the former.

Concerning the other part of the Article, they said, it was very plaine by the Canons, that in the choyce of Bishops and deputation of Priests, and Deacons, the people of al sorts was present, & gaue voice or approbation, but this was by the Popes tacit or expresse consent; because no Laicke can haue authority in matters Ecclesiasticall, but by priuiledge from him. And this was granted in those times, because the common people, and Grandies also, were deuout, and did, by this meanes, entertaine themselues in spiritual things, and shewed more obedience and reuerence to the Clergie, beeing more ready to inrich it with oblations and donations, which hath made the holy Church to be in that state in which it now is. But since deuotion did cease, the seculars haue armed only at the vsurpation of the Church goods, & to place their ad∣herents in the Clergie. And now the new Heretikes haue made a deuilish in∣uentiō, saying, that was due to the people which was granted by fauor which is one of the most pestiferous heresies which hath euer bin set on foot, because it doth destroy the Church, without which faith cannot stand. He alleadged many reasons and congruities, to shew that the ordination ought to be in the power only of the Ordainer, which he confirmed by the Popes Decretals and concluded in the end, that not only the Article was to be condemned as here∣ticall, but that, the voice and consent of the people in ordinations being taken away, for iust and necessary reasons, the Pontifical also ought to be corrected, and those places remoued which make mention thereof; because, so long as they continue there, the heretikes wil make vse of them, to proue that the as∣sistance of the people is necessary. He said the places were many; but to recite one, in the ordination of Priests, the Bishop ordaining saith, that it hath been constituted by the Fathers, not without cause, that the people should haue voice in the ordination of the Rectors of the altar, that they may be obedient to him whom they haue ordained, in regard of their consenting to his ordi∣nation. If this, and other Rites shall remaine, the heretikes will alwayes de∣tract from the Catholike Church, saying the ordinations now are but sha∣dowes and shewes, as Luther did wickedly say.

Francis Forrier, a Dominican of Portugal, said the Hierarchie of the Ca∣tholike Church, could not be doubted of, it being proued by the Apostolicall tradition, by testimony of all antiquity, and by the continuall vse of the Church. And howsoeuer the word bee not vsed by all, yet the thing sig∣nified hath euer been in practise. Dionysius Areopagita hath made a proper treatise of it, and the Nicen Councell hath approoued it, and called it an an∣cient custome: and that which hath been called ancient in the beginning of

the fourth age, must needes haue its originall from the time of the Apostles. Onely he thought it not fit to handle this poynt ioyntly with the Sacrament of Order, howsoeuer many of the Schoole-men doe handle it in that place, putting the Hierarchie in the superiour and inferiour Orders; a thing which cannot subsist, it being certaine that the Pope is the highest Hierarch, and that the Cardinals do follow, & then the Patriarchs, Primats, Arch-Bishops, Bishops, Arch-Priests, Arch-Deacons, and other inferiour degrees vnder the Pope, as Head. And to omit the disputation whether the Bishopricke be an Order, it is certaine that the Arch-bishoprike, Patriarkship, and Papacie are not Orders, and doe signifie only superiority and iurisdiction ouer Bishops. There∣fore the Hierarchie consisteth in iurisdiction, and the Councel of Nice placeth it in that, when it speaketh of the Bishop of Rome, Alexandria, and Antioch. Therefore the handling of Hierarchie must not be ioyned with that of Order, for feare of giuing way to calumnie.

There was much varietie in the discussion of these Articles, those of the second ranke returning to the former, and some disputing that the degree of a Bishop was an Order, and others, that aboue Priesthood, there was no∣thing but Iurisdiction, some alleadging Saint Thomas, and some Saint Bo∣nauenture, and some beeing of a middle opinion, that is, that it is an eminent dignitie, or office in the Order. The famous saying of Saint Hierom, and the authority of Saint Austin were alleadged, who say that the degree of a Bishop hath beene most ancient, but yet an Ecclesiasticall Constitution. Michael of Medina did oppose, and say, that the Catholique Church, as Saint Epiphanius saith, did condemne Aerius of heresie, for saying that the Degree of a Bi∣shop is no greater then that of a Priest: into which heresie it is no wonder if Hierom, Austin, and some other of the Fathers did fall, because the matter was not cleere in all poynts. This boldnesse, to say that Hierom and Austin did sauour of heresie, gaue great scandall; but hee insisted the more vpon it, and maintained his position. And the Doctors were equally diuided into two opinions in this poynt.

Others placed this Hierarchie in Orders onely, alleadging Dyonisius, who in naming the Hierarchs, maketh mention of none but of Deacons, Priests, and Bishops. Some followed Forrier, that it did consist in Iurisdiction. At the last a third opinion came foorth, that it was a mixture of both, which afterwards was more generally approoued. For placing it in Order, it did not appeare how Arch-bishops, Patriarches, and, which is of more importance, the Pope himselfe could enter, all beeing of accord that these Degrees are not Orders aboue the Degree of a Bishop. Yet some did alleadge the common saying to the contrary, that the Episcopall Order is diuided into foure parts, Bishops, Archbishops, Patriarches, and the Pope: and placing it in Iurisdiction, none of the holy Orders did enter.

There was a great disputation amongst them about the forme of the * 1.11 Hierarchie; some saying it was Charitie, some Faith informed, and others, according to Cardinall Turrecremata, Vnitie. To this last was opposed that vnitie is a genericall qualitie in all that is one, and is an effect of the forme which doth produce it. Those who were for charitie brought very many places of the Fathers, which doe attribute the vnitie of the Church vnto it.

But others said that it was the heresie of Wigles. For, if it were so, a Prelate, loosing charity, would bee out of the Hierarchie, and lose authoritie. Not∣withstanding they did not auoyd the difficultie, by making faith informed to bee the forme, because a Prelate might externally counterfeit, and bee se∣cretly vnfaithfull, who not being of the Hierarchie, the Christian people could not know whom to obey, because they might doubt of all, and sometimes had cause to doe it. And as the Diuines, especially the Friars are free in ex∣emplifications, they alleadged the Pope, saying, that, in case he should bee incredulous, the whole Hierarchie would perish by his default, whether one did make faith or charitie to bee the forme. And therefore they sayd, Bap∣tisme was. But the same difficulties did arise in regard of the vncertaintie thereof, because the intention of the Minister, according to the determina∣tion of the Councell, is essentially required, which is more secret then the o∣ther two: for which cause it cannot bee certainly affirmed of any that hee is baptized.

The Articles, whether there bee a visible Priesthood? or whether all Christians bee Priests? or whether a Priest may become a Layman? or whe∣ther his office bee preaching? were not handled with any discussion, but with declamations against the Lutherans, who depriue the Ghurch of com∣merce with GOD, and of the meanes to appease him, making it a confusion without gouernement, and bereauing her of all her beauty and comelinesse. Friar Adamantius, of Florence, a Diuine of this ranke, belonging to Cardi∣nall Madruccio, said, that the greatest part of those who had spoken, had al∣leadged onely probable reasons, and conueniencies, which when Articles of faith are discussed, doe not onely not force the aduersaries, but confirme them more in their opinions; and, for proofe hereof hee brought a direct place of Saint Austin. Hee added that discussions in Councell should differ from disputations in Schooles. For in those how much the more things are minced, and curiously handled, the better it is; but it doth not become a Councell to examine any thing, but that which may bee cleered and made plaine. Notwithstanding many questions were disputed, the knowledge whereof cannot in this life (in which GOD doth not suffer all to bee disco∣uered) possibly bee attained. For this Article, it is abundantly sufficient that the Church hath an Hierarchie; that the Hierarchie consisteth of Prelates and Ministers, that these are ordained by Bishops, that Order is a Sacrament, and that Seculars haue no part herein. Petrus Romirius, a Franciscane Friar, following the doctrine of Iohn Scot, said, that Order ought not to bee called a Sacrament, because it is inuisible and permanent, whereas all the Sacra∣ments are necessarily visible, and (except the Eucharist) consist in action. Therefore to auoyde all difficulties, one must not say that Order, but that Or∣dination is a Sacrament. But hee was much opposed, because all the Di∣uines, and (which is of no lesse importance) the Councell of Florence also doe call Order a Sacrament. And it would bee a great boldnesse to taxe all the Doctours, a generall Councell, and the whole Church for speaking impro∣perly.

In the third ranke, there was no lesse varietie of opinions concerning the * 1.12 fift Article. For howsoeuer all agreed that the holy Ghost is giuen and re∣ceiued

in Ordination, yet some said, hee was giuen in his proper person, and others, in the gift of grace onely. They disputed much on both sides, but those especially who affirmed grace. Another question was, whether grace of Iustification bee conferred, or onely a gift to exercise the office. For the former was alleadged, that all the Sacraments giue grace of Iustification; for the later, that a man cannot without repentance receiue grace, and yet may receiue Order. For the Character, as they all agreed that it is imprinted in * 1.13 Priesthood, so they dissented in all the rest. For some said it was imprinted in the holy Orders onely, and others in all the seuen; both which opinions Saint Bonauenture doeth thinke to bee probable. Some were better pleased with the distinction of Durandus, that vnderstanding, by Character, a power to worke a Spirituall effect, the Priesthood onely hath it, which onely can con∣secrate, and remit sinnes; and the others haue it not, in regard their actions are corporall, which a Lay-man, without any the least veniall sinne, may doe as well as they. But if by Character be vnderstood a deputation to a spe∣ciall office, so all the Orders haue a proper Character. Others opposed that it was a Lutherane opinion, contained in the first Article, and said, that therefore it was necessary to affirme a proper and indeleble Character in all. And some said it was in the first Tonsure also, because it was not reiterated in those who are degraded, as would be necessary if a Character were not im∣printed; and because, by it, one is inuested in the Clergie, and made partaker of Eclesiastical exemptions, and immunities. Neither would it bee possible to maintaine that Clerkeship, and the immunities thereof were de iure Diuino, but by saying, that the first Tonsure is a Diuine institution. Concerning the degree of Bishops the controuersie was greater, and the question was reui∣ued whether it bee one of the Orders. For hauing two properactions so fa∣mous, to confirme, and ordaine, a Spirituall power is necessary to it, which is a Character, without which ordination and confirmation would bee to no purpose. The auditors were weary with hearing so many difficulties, and did willingly giue eare to those who said they ought to omit them, and speake onely in generall termes. But the Friars grumbled, and were angrie to see in them a disposition to define Articles, and pronounce Anathemaes, not vnderstanding the poynts, and abhorring those who would informe them.

In the sixt Article they all condemned the Lutherans, for detracting from vnctions, and ceremonies vsed in conferring Orders. Some desired that those which are necessarie, and belong to the substance of the Sacrament (as was done in the Councell of Florence) might bee distinguished from the rest, and him declared to bee an heretique, who should say that Order might bee giuen or receiued without them; and for the others, that hee should bee condemned in generall termes, who did call them pernicious. Hereupon a great contention arose which were necessary, and which were added for ornament, or deuotion. Melchior Cornelius, a Portugall, seemed to speake * 1.14 much to the purpose; who sayd, the Apostles did vndoubtedly vse impositi∣on of hands in Ordination, so that none is mentioned in the holy Scripture without that ceremony; which, in succeeding ages, was thought to be so essentiall, that Ordination was called by that name. Notwithstanding, Gre∣gorie

the ninth saith, it was a rite brought in, and many Diuines doe not hold it to be necessary, howsoeuer others be of the contrarie opinion. It appea∣reth also by the Decretall of Innocentius the third in this point, that vnction was not vsed in all Churches. And the famous Canonists, Hostiensis, Iohannes Andreas, Abbas, and others doe affirme, that the Pope may ordaine a Priest with these words onely, Be thou a Priest, and (which is of more importance) Innocentius, Father of all the Canonists, sayth; that if the formes had not been inuented, it had beene sufficient if the Ordainer had vsed these words onely, Be thou a Priest, or others equiualent, because they were instituted by the Church afterwards to be obserued. For these reasons Cornelius gaue counsell not to speake of necessary Ceremonies, but onely to condemne those who hold them to be superfluous, or pernicious.

Although the Congregations of the Diuines did take vp almost all the time, yet the Prelates did more intend, and discourse amongst themselues of reformation, some promoting, and some declining it, then of the points of doctrine discussed by the Theologues; so that the frequent and publique speeches which were heard throughout all Trent, cherished by the Ambas∣sadours of the Emperour, and French King, induced the Legates to thinke it necessary to make shew they were not auerse from it; especially because they had promised to propose it so soone as the matter of Order was discussed, and vnderstood, that a discourse of the Ambassadour Lansac was receiued with * 1.15 great applause made in an assembly of many Ambassadours and Prelates, in which hee concluded that if the reformation, proposed and demanded by the Emperour, was so feared and abhorred, yet, at the least, a way ought to bee found out without making new constitutions, to cause those things which haue beene established in ancient Councels to bee obserued, by re∣moouing the impediments which doe nourish the abuses. The Legats cau∣sed the propositions of the Imperialists, and all the instances made vnto them in matter of reformation vntill that day, and their owne answers to bee put together, and an abstract to bee made of the Constitutions of the Assembly in France, and of the demands of the Spanish Prelats: all which they sent to the Pope, and told him it was impossible to entertaine them any more with * 1.16 words, and that it was necessary to shew the world by some effect, that they haue a purpose to handle this matter, and to giue satisfaction in some sort to the Ambassdours of Princes, especially in that which they desire for the interest of their Countreys; yet with such circumspection as that they may not preiudice the Papall authoritie, or prerogatiues of the Church of Rome.

The Pope seeing the instruction of the French King, which did import the prolonging of the Councell, was much displeased. For he had conceiued hope, that all which did remaine to be discussed, might be defined in the next Session of the 12. of Nouember, or if not, yet that the Councell would bee concluded, suspended or dissolued in the end of the yeere, at the latest. He therefore answered the French Ambassadour residing with him (who desi∣red the points of doctrine might bee deferred vntill the comming of their Prelats, and the matter of reformation handled in the meane time) that hee was informed that the Cardinall of Loraine meant to tarrie vntill the surprise

of Burges, & to attend the King to Orlience, so that his departure out of France would be very late, and perhaps neuer, and that it was not iust to entertaine so many Prelates in Trent, vpon disseignes so remote, that the demaunds for delay were not made, because the French-men desired to goe to the Coun¦cell, but to put himselfe and the Prelats to more charges, protesting, that, if his money were consumed by this meanes, he should not be able to continue in assisting the King. He made it a greater matter, that their Prelats had been expected eighteene moneths, and himselfe lead along with diuers friuolous excuses. He complained of his condition, that if the Councell vseth any re∣spect towards him, which it doth but seldome, the Ambassadours, there pre∣sent, say it is not free, and yet themselues to desire him to ordaine a dilation, which is a thing more vniust, and more abhorred by the Fathers then any other. His conclusion was, that when hee had assurance or likelyhood of their comming, he would endeuour that they should be expected, saying, hee had giuen order to bee aduertised, by an expresse Currier, of the Cardinals departure, that hee might presently employ himselfe in the businesse, and, in the meane while, hee thought it not iust that the Fathers should be idle. He sayd the matter of reformation was more fit to bee deferred then this of do∣ctrine which doth not concerne him, as being a good Catholique, who will vndoubtedly not dissent from others. But in matter of reformation it is fit to heare him, because it doth concerne him, as beeing a second Pope, hauing many Benefices, and a reuenue of three hundred thousand Crownes of Church liuings, whereas himselfe hath but one Benefice, wherewith hee is content; that notwithstanding hee had reformed himselfe, and all parts of the Court, to the hinderance and losse of many of his officers, and would do more, but that he saw plainely, that, by diminishing his reuenues, and by weakening the forces and the sinewes of his Stae; hee encourageth the ad∣uersaries, and exposeth all Catholiques, who are vnder his protection, to the iniuries of his enemies. And, for the Countreys which are not subiect to him in temporall matters, he said the ouerthrow of discipline did arise from themselues, and from the Kings and Princes, who, with vnfit and importu∣nate requests, doe force him to make extraordinary prouisions, and graunt vnusuall dispensations; that his condition was miserable, who if hee did de∣nie vnfit requests made vnto him, euery one complained of the iniury, if he granted them, all the inconuenience ensuing was ascribed vnto him, and men began to speake of reformation, as the Kings Ambassadours had done in Trent, in such generall termes, that it cannot bee vnderstood what they meane. Hee said, let them come to particulars, and say what they would haue reformed in the Kingdome, and they shall haue satisfaction in foure dayes; that the Prelats in Poisi, haue made many constitutions, which he wil confirme when he shall be requested: but to stand vpon vniuersalities only, and to find fault with all that is done, without proposing any thing, sheweth they beare no good affection.

The fourth ranke of Theologues remained, who were to handle the supe∣riority * 1.17 of Bishops aboue Priests. Those who spake first followed the do∣ctrine of Saint Thomas and Bonauenture, who say a Priest hath two powers, one to consecrate the Body and Blood of CHRIST, and the other to remit

sins, in the former wherof a Priest is equal, in regard a Bishop hath not greater authority then a simple Priest, but inferior in the later, because not the power onely of Order, but of iurisdiction also is required. Others added that it was a more excellent action to giue authoritie to consecrate, then to consecrate, and therefore that the Bishop was superior in this also, who cannot only doe it himselfe, but ordaine Priests, and giue them authority. But this beeing disputed sufficiently, they returned to handle the Articles of the Hierarchie, as being the same with this point of superiority; and the question beeing whe∣ther it doth consist in Order, iurisdiction, or in both, Antonius of Mont. Alcino, a Franciscan, said, it ought not to be vnderstood of an imaginary superiority, consisting in preeminence, or perfection of action, but in superioritie of gouernement, so that it may make lawes, giue commands, and iudge causes, as well in the Court of Conscience, as in the externall; which superiority is to bee discussed, because it is denied by the Lutherans. He said there must be an authority in the Church to gouerne it, the vnitie whereof could not other∣wise be preserued. Hee prooued it by the example of Bees, and Cranes, say∣ing, that in enery particular Church a speciall authority was necessary to go∣uerne it, which was in the Bishops, who haue part of the charge, the totality whereof is in the Pope as Head of the Church; which containing authority to iudge, and to make Processes and Lawes, it must needes bee a power of iu∣risdiction. Concerning Order, hee said a Bishop was of an higher degree then a Priest, hauing all the power of him, and two powers more; yet not∣withstanding cannot bee called his superiour; as a Subdeacon is foure degrees higher then a doore-keeper, yet not superiour vnto him. Hee prooued this his opinion by the generall vse of the whole Church, and all Christian Nati∣ons, and alleadged diuers authorities out of the Fathers. Finally, hee came to the holy Scripture, citing many places of the Prophets, to shew that this authority is called the authority of a Pastor, saying, that the vniuersalitie of it was giuen to S. Peter, when CHRIST said, Feede my Lambes, and some of it imparted by Peter to the Bishops, when he bad them, Feede the flocke which they haue in their custodie. And this opinion had great applause.

But before those of this fourth ranke made an end of speaking, the Spa∣nish Prelates resoluing the point should bee handled whether Bishops are in∣stituted by CHRIST, after they had consulted together, did conclude that it was better the first motion should begin in the Congregations of the Di∣uines, that themselues might with more shew of reason, resuming the things spoken before, discourse vpon them, and compell others to doe the like. Therefore, in the Congregation of the first of October, Michael Oroncuspe, a Diuine of the Bishop of Pampelona, said to the seuenth, that being to qualifie or condemne a proposition which hath many significations, it was necessa∣ry to distinguish them, and afterwards to examine them one by one: and hee thought the proposition whether Bishops bee superior to Priests to be such. For one must distinguish whether they be superiours de facto, or de iure. That they are superiours de facto it cannot be doubted, because present experience, and the Histories of many ages doe shew, that Bishops haue exercised superi∣ority and Priests obedience. Therefore this Article being without question, the other, de iure, remaineth to bee discussed. Wherein there is another am∣biguitie

also, whether Iure Pontificio, or Diuine. In the first sense the case is cleere, that they are superiours, there beeing so many Decretals which say it expressely: which howsoeuer it bee true and certaine, yet the Lutherans are not in this regard to be condemned for heretiques, because that cannot bee an article of faith which is grounded only vpon the law of man, and deserue to be condemned for denying the superiority of Bishops, onely in case it bee d••iure Diuino. He added that he thought this point very cleere, and that he could euidently prooue it, and resolue anything alleadged to the contrarie, saying hee must not proceed further, beeing prohibited to speake of it. And here he shewed that the Ministery of Confirmation and Ordination is pro∣per to Bishops. And hauing spoken vpon the eighth Article, in conformitie of the others, he ended his discourse.

Iohannes Fonseca, a Diuine of the Archbishop of Granata, followed; who * 1.18 entred brauely vpon the matter, saying, it neither was, nor could be forbidden to speake of it. For the Article being proposed to be discussed, whether it be hereticall or no, it is necessary to vnderstand whether it bee against fayth, a∣gainst which it cannot be, if it doe not repugne to the Law of GOD. He sayd hee knew not whence the report came, that one might not speake of it, be∣cause, by the very proposition of the Article, it was commanded to be dis∣cussed. And here hee proceeded to handle, not the superiority alone, but the institution also affirming that Bishops are instituted by CHRIST, and by his diuine ordination, superiours to Priests. He said, that if the Pope be in∣stituted by CHRIST, because hee hath said to Peter, I will giue thee the keyes of the Kingdome, and, Feede my Lambes; Bishops are likewise instituted by him, because he hath said to all the Apostles, That which you bind on earth shall be bound in heauen, and whose sinnes you remit they are remitted, saying to them afterwards, Goe into the whole world, and preach the Gospel. And (which is more) he said vnto them, As my father hath sent me, so I send you. And if the Pope be successour of S. Peter, the Bishops are successors of the A∣postles; alleadging many authorities out of the Fathers, that the Bishops are successours of the Apostles. And, in particular, he recited a long discourse of S. Bernard in this point to Eugenius the Pope; and a place of the Actes of the Apostles, where S. Paul saith to the Ephesians, that they were made Bishops by the holy Ghost to gouerne the Church of GOD. Hee added, that to bee confirmed or created by the Pope, did not conclude that they were not instituted by CHRIST, or had not authority from him. For the Pope himselfe is created by the Cardinals, and yet hath his authoritie from CHRIST: and Priestes are created by the Bishop, who doeth ordaine them; but receiue their autho∣ritie from GOD: So the Bishops receiue the Diocesse from the Pope, and au∣thoritie from CHRIST. Their superiority ouer Priests he proued to be iure diuino, by authoritie of many Fathers, who say that Bishops doe succeed the Apostles, and Priestes the seuenty two disciples. Concerning other particles of this point, he said the same things which others had spoken before, Car∣dinall Simoneta was impatient, and turned often to his Colleagues, and was a∣bout * 1.19 to interrupt the discourse: but being entred into vpon so good rea∣son, and heard by the Prelates with such attention, hee knew not how to resolue.

After him followed Antonius Grossetus, a Dominican Friar, who, hauing briefly passed ouer the other articles, insisted vpon this. Hee stood much vp∣on the wordes of Saint Paul spoken to the Ephesians in Miletum, exhorting them to haue a care of the flocke; ouer which the holy Ghost had made them ouerseers: vpon which place hee made many obseruations. He sayd it was first necessary to declare that Bishops haue not commission for their of∣fice from men, for so they would be hirelings, to whom the Lambes doe not belong, because the man, who had committed the care vnto them, beeing sa∣tisfied, they had no more to thinke on. But Saint Paul sheweth that the com∣mission to gouerne the people of GOD is diuine, giuen by the holy Ghost, to conclude that they could not be excused by any dispensation of man. He alleadged the famous passage of Saint Cyprian, that euery Bishop is bound to giue an account of CHRIST onely. Then he added that the Bishops of Ephe∣sus were not of those who were instituted by CHRIST our LORD, while hee was in the flesh, but by Saint Paul or some other Apostle, or disciple; yet no mention is made of the ordainer, but all is attributed to the holy Ghost, who hath not giuen authority to gouerne, but diuided a part of the flocke, and consigned it to be fed. And here hee made an inuectiue against those, who a few dayes before, sayd, that the Pope doeth disturbe the flocke, inculca∣ting that it was not well spoken, and that it would bring againe into vse that which Saint Paul did detest; I am of Paul, and I am of Apollo. He sayd the Pope was the ministeriall Head of the Church, by whom CHRIST, the principall Head doeth worke, vnto whom also the worke ought to bee ascri∣bed, saying according to Saint Paul, that the holy Ghost doth giue the flocke to be gouerned. For the worke is neuer ascribed to the instrument or mi∣nister, but to the principall Agent; that this forme of speach hath alwayes beene vsed by the Ancients, that GOD and CHRIST doe prouide the Church of gouernours; that Saint Paul wrote to the Ephesians, that CHRIST, ascending to heauen, hath furnished the Church with Apostles, Euangelists, Pastours, and Masters, shewing plainely that he did prouide Pastours after he was ascended into heauen, and that the institution of Pastours and Masters, in which number Bishops are, ought as much to be ascribed vnto CHRIST, as vnto the Apostles and Euangelists themselues. The Theologue perceiued that he displeased the Legates, and some more besides; and fearing some bad * 1.20 incounter, as had happened vpon other occasions, hee added that hee had spoken without premeditation, beeing caried along by consequence of wordes; and heat of discourse, not remembring that that point was forbid∣den to be spoken of. And entring againe to examine the proper offices of Bishops, and contradicting the Lutherans, who holde them for superfluous, shewing they haue been very ancient in the Church, and come from Apo∣stolicall tradition, he concluded. The Legats did perceiue that this was the arte of Granata, and the other Spaniards, to giue the Prelats a field to enlarge themselues in this matter. Therefore they tooke order that the contrary o∣pinion should be defended by some of the foure Prelates, who onely remay∣ned to speake the next day; and the Popes Prelats, vsed to this arte, were pre∣pared to contradict the Spanish Bishops, if they had begun to speake of this matter in the Congregations.

The next day, the second of October, two Diuines went about to prooue, that as the superioritie of Bishops was certaine, so it was hard to bee decided quo iure, and in case it were, would be of no fruit; and therefore was to bee omitted. Two others maintained, that it was de iure Pontificio. And Friar Simon, a Florentine, and a Diuine of Seripando, discoursed, according to the opinion of Caietanus and Catharinus, in this forme, that Bishops are instituted by CHRIST, to gouerne the Church; that his Maiesty did create Bishops all the Apostles, when he said, I send you, as I haue beene sent by the Father; that this institution was personall, and ended with them; that one of them was constituted, to remaine perpetually in the Church, which was Peter, when he said, not to him alone, but to all his succession, Feede my lambes; that Saint Austin did meane so when he said, that Peter did represent the whole Church, which was neuer spoken of any of the other Apostles; that Saint Cyprian said that Saint Peter is not onely a Type and figure of the vnity, but that the vnity doeth begin from him. In this power, giuen onely to Peter and his successors, the care of gouerning the Church is contained, and of or∣daining other Rectors and Pastors, not as Delegates, but as Ordinaries, diui∣ding particular Prouinces, Cities, and Churches. Therefore when it is de∣manded, whether any Bishop bee de iure diuino, one must answere affirmatiue∣ly, One onely, the successour of Peter. Besides, the degree of a Bishop is de iure diuino, so that the Pope cannot take order that there may be no Bishops in the Church, but euery particular Bishop is De iure Pontificio. Whence it com∣meth that he may create and translate them, diminish or enlarge their Dio∣ces, giue them more or lesse authority, suspend them also and depriue them; which he cannot doe in that which is de iure diuino. For from a Priest, he can∣not take away authority to consecrate, because he hath it from CHRIST, but may take iurisdiction from a Bishop, because he hath it from himselfe. And thus the famous saying of Cyprian must bee expounded; there is but one Bishopricke, and euery Bishop holdeth a part thereof in solidum; otherwise, it cannot bee defended that the gouernement of the Church, is the most perfect of all, that is Monarchicall, and must necessari∣ly fall into an Holigarchie, which is the most imperfect, and condem∣ned by all those who write of gouernment. Hee concluded, that quo iure Bishops are instituted, by the same they are superiour to Priests, and that, when this matter is to bee discussed, the declaration is to bee made thus. Hee alleadged Saint Thomas, who saith, in many places, that eue∣ry spirituall power dependeth on that of the Pope, and that euery Bishop ought to say, I haue receiued part of that fulnesse. He said that the old schoole-men were not to be regarded, because none of them had handled this mat∣ter; but the Modernes, hauing after that the heresie of the Waldenses arose, studied the Scripture and the Fathers, haue established this trueth. The last Diuine laboured to contradict him, in that he said the Apostles were ordained Bishops, saying, when he sent them, as himselfe was sent by the Father, that he sent them to preach, and to baptize, which belongeth not to a Bishop, but to a Priest, and that onely Peter was ordained a Bishop by CHRIST, who after the ascension, ordained the other Apostles Bishops. Concerning the o∣ther parts of this Article, and the next, they all agreed to comdemne them.

And so the Congregations of the Theologues were concluded.

After which the Legates, beeing obliged to propose the reformation, considering with themselues what particulars might be proposed not preiu∣diciall, and yet might giue satisfaction, were much troubled. For that which would be gratefull to the Ambassadours, would damnifie the Court, and distaste the Bishops, neither could they meddle with any thing that wold please the Bishops, which would not bee preiudiciall to Rome, or the * 1.21 Princes. Their resolution was to dispatch a Currier to the Pope, and expect an answere, and in the meane time, to draw the businesse in length, by ma∣king the Prelates speake in the matter of Order. In particular, they gaue his Holinesse an account of the contention which they did foresee, concerning the Article of the superioritie of Bishops, in regard of the petition made by the ••panish Prelates, and the entrance made by their Diuines. And how∣soeuer they knew not their ende, yet, obseruing how earnest their re∣quest was, and knowing how the Spaniards doe vsually ayme at things farre off, they could not choose but suspect. They put him in minde that this was the time in which they promised to speake of residence; whereof some motion was made already. For the Archbishop of Mesina demanded of those of Cyprus, and Zara, what their opinion would bee, in case it were pro∣posed, and many practises were discouered, though they were not able to penetrate the ground of them. That they gaue order to Otranto and Venti∣miglia, to learne cunningly of what opinion the Prelates would bee in case they proposed to referre it to his Holinesse; who, hauing sounded them ex∣actly, found that 60 would bee rigidly opposite, of whom there was but small hope that they could possibly bee perswaded. For howsoeuer the Se∣cretary of the Marquisse had, at their instance, dealt effectually with the Spaniards, yet he brought from them no more then this, that they would not oppose with bitternesse but deliuer their opinions quietly, and without cla∣mour. That they knew the maior part were of the contrary opinion, be∣cause they depend on Rome; but they ought to disburden their conscience. That they were assured that this was not contrary to his Holinesse, of whose religious and godly disposition they could not doubt, but vnto the Bishops onely who are about him. They added, that the Spaniards, hauing disco∣uered that there was a purpose to remit the businesse to his Holinesse, sayd the same was done in the matter of the Chalice, and that it was in vaine to hold a Councell to handle that which was of no importance, and to referre that which deserueth prouision. They aduised him of the promise made to the Ambassadours, to propose the reformation, and of the impossibility to de∣ferre it any longer, and being aduertised of the comming of Loraine, and the French-men, and vnderstanding that they were full of conceits, and designes of nouitie, they concluded that they would vndoubtedly ioyne with the mal-contents of Trent. Therefore not knowing, in these ambiguities, what course to take, they told him they had resolued to expect the commande∣ments of his Holinesse.

The Pope being aduised, at the same time, from other places of the pro∣iects * 1.22 of Loraine, and particularly, that hee would reforme the election of the Popedome, that the Ʋltramontans might also bee partakers of it, it pierced

deepely into his minde. Therefore resoluing not to expect the blow, but to preuent, hee informed all the Italian Princes heereof, shewing them what a dishonour it would bee to the Nation, if it should succeede; that hee spake not for himselfe, whom it did not concerne, but for publique respects, and for the loue of his Countrey. And knowing that a Spanish Pope could not bee acceptable to the King of Spaine, in regard of the naturall propensi∣on that Clergie hath, to free themselues from the exactions of the King, and that a French man would haue pleased him lesse because of the enmity betweene the Nations, and that the greatest part of his trustie friends were in Italy, hee wrote vnto his Nuncio, to communicate vnto him the designe of the French men, to make a Pope of their Nation, that, by his meanes, they may possesse Naples and Milan, to which they pretend right. And, not to bee wanting on his part, that hee might remoue some of the foundations, on which the Cardinal might build, which were the abuses of the times past, lately reuiued, he made a Bull in this matter; which howsoeuer it contained only the prouisions formerly made by diuers Popes, which were antiquated; yet it might bee sayd there was no neede of more reformation in that be∣halfe, because the Bull did remedie all the inconueniences which happened, or, at the least, tooke all strength from them, so that it could not bee preten∣ded they were in force. And to him that would prognosticate that it would not be obserued, as others made before, it might bee answered, that hee who doth euil doth thinke ill, and that it is the duety of Christian charity to expect good from euery on. The Bull was dated the ninth of October 1562. After∣wards newes came, that many Congregations were held in Spaine, to make a generall reformation, and to giue commission to the Ambassador, who was to goe to Trent, to make the Spanish Prelats ioyne, and aime all at one marke. The newes that the King would send another Ambassadour did please nei∣ther the Pope nor the Legats. For the Marquis of Pescara did much conforme himselfe to the Popes will, and the Ministers he vsed were of Milan, much ad∣dicted to the person of his Holines and his kinred, and to Card. Simoneta, who imployed them in the Popes seruice vpon all occasions. But the Count of Lu∣na, who was designed to be sent, had remained with the Emperor, and with the King of the Romans, and was very deare vnto them, and had their proiects imprinted in him. And they feared him the more because there was a fame (and it was indeed so resolued, though not effected) that he should beare the name of the Emperors Ambassador, to auoid the difference of precedencie with France, but really should be Ambassador of the K. And the Pope did sus∣pect for many causes, the coniunction of those Princes; especially in regard of the K. of Bohemia, who, in diuers things, had shewed he was auerse from him. And the nomination of the Count of Luna was more displeasing to him, be∣cause he could not come before the Diet of Francfort was ended, which being likely to last vntil the end of the yeere, he coniectured the King had a purpose to prolong the Councel. But hauing receiued the last aduice from the Legats, he was perplexed most of all, seeing the Prelats, euen his owne also, were con∣spired to make it longer, by meanes of vnseasonable perswasions, howsoeuer their interests did require a quicke dispatch. He caused the letters to be read in Congregation of the Cardinals, and gaue order that euery one should thinke

of the best meanes rather to oppose an infinitie of imminent difficulties, then to take away the present grieuance, in regard the Councell the longer it con∣tinued the harder it was to bee managed. Neither could any order bee giuen from Rome, but, because of the great distance, it was vnseasonable before it came to Trent, a thing which in continuance of time would produce some great inconuenience. Hee complained that the Vltramontans did consent to prolong it, for their proper interests; the Emperor to gratifie the Duch-men, and to make his sonne King of the Romans; France, to make vse of it, in case of composition with the Hugonots; and Spaine, to keepe the Low Countreys in hope. He repeated all the difficulties which arose from the diuers inter∣ests of the Prelates in Councell, the armes which were discouered in the Spa∣niards, and what was suspected of the designes of the French-men, whose comming was expected.

At this time, the French King sent the Abbat of Mante, expresly, to Rome, to giue the Pope an account of his resolution, to accept the Decrees of the Councell, and of the Cardinall of Loraine his going to Trent, accompa∣nied with many Bishops to propose the meanes to reunite Religion in his Kingdome; because both himselfe and his Counsell were of opinion, that none was more sufficient for that charge, as well for learning as for experi∣ence. The Pope did seeme to bee pleased with the resolution, both in sen∣ding the Cardinall, and in accepting the Decrees of the Councell. Hee pro∣mised the Legats and Fathers should receiue the French Prelates honourably and courteously, expecting their assistance in matters of Religion in which they were so much interested, especially the Cardinall, who is the second Ecclesiasticall person in the world, not much inferiour to a Pope. Hee said the Bishops had discreetely handled the points of reformation, in the assem∣bly of Poisi, offering to cause the greater part of them to be confirmed by the Councell. Hee added, that hee was forced to hasten the ende of the Sy∣node in regard of his great charge, which if it did continue long, hee could not bee able to continue in assisting the King in his warre; so that hee ho∣ped hee would ioyne with him to conclude it. The conclusion of his discourse was, that hee had no authoritie in Councell, but to approoue, or reiect the determinations of it, without which they would be of no force, and that his purpose was to goe to Bolonia when the Councel was ended, and to assemble all the Fathers there, that he might know them, and thanke them, and make the approbation. This French messenger gaue the Pope also the letters of the Cardinall of Loraine, of the same tenour, with an addition of pro∣fers, to preserue by all meanes, the authority of the holy Sea. The Pope as∣ked him in particular what the Cardinal meant to propose; but receiuing one∣ly a generall answere, that is, necessary remedies for the Kingdome of France, hee answered, to make the Cardinall be thinke himselfe what to doe, that all should bee maturely aduised on, euery thing being decided in Councell by pluralitie of voyces.

It was resolued, in the Congregation of the Cardinals, to answere the Le∣gates that they should labour to conclude the Article of residence, before the * 1.23 comming of the French-men, and to referre it to the Pope, without any De∣cree, if it were possible; but if not, yet, at the least, with a Decree. If nei∣ther

could bee obtained, then to make the declaration with rewards and punishments, not touching the poynt, whether it were de iure Diuino. That the Article of the institution of Bishops seemed difficult, and of great con∣sequence, and therefore that they should procure that it should be remitted likewise; which in case they could not doe, yet they should inuiolably ob∣serue not to suffer a determination to passe, that it was de iure Diuino: Con∣cerning reformation, that his Holinesse was resolute that none should med∣dle with the Papacie, and Court, who already had made so many reforma∣tions, (which all the world did knowe) as that euery disorder was redres∣sed; and, if any thing remained, was willing to adde it; that, for all other matters, they should tell all men plainely that the Pope did remit the refor∣mation freely to the Councell; and of those things which were proposed by the Imperialists, and decreed by the French-men in Poisi, they should propose in Councell what they thought expedient, but not resolue, before they sent aduise againe.

The proposition, to finish the Councell, was esteemed by the congrega∣tion to bee of greater moment; not because the necessitie to doe it was not manifest, but because they saw not the meanes, in regard so many things did remaine to bee handled, and that the Prelates could not bee induced to speake briefly, nor to agree in their discourses; which things were necessary for a sudden dispatch, and, without them, it was impossible to conclude, but in a long time. To suspend it without consent of the Princes, seemed dangerous and scandalous, in regard of the aduice, sent by the Legates, that the Ambassadours de Ferriers and Fiue Churches had said, that if the Councell were suspended they would not depart from Trent, nor suffer the Prelates, their adherents, to goe, before they had commission from their Princes, To haue commission from them did require much time, because they would vndoubtedly know one anothers minde, before they would answere. There∣fore they knew not what to resolue in this matter, but to solicite the Legates, to dispatch the points, which remained to bee handled. The comming of Loraine did trouble them more, being aduised, from diuers places, that, be∣sides the businesse of the election of the Pope, hee meant to propose many nouities, about the collation of Bishoprickes, pluralitie of Benefices, and, which was of no lesse importance, the Communion of the Cup, marriage of Priests, and Masse in the vulgar tongue. And, presupposing hee would not begin his iourney before hee had answere from the Abbat of Mante, sent by the King and himselfe, they gaue counsell to recall the Cardinall of Ferrara, and to offer the legation of that Kingdome to Loraine, which they * 1.24 did thinke might stoppe him, because he so much desired to command that Clergie, that hee had formerly plotted to make himselfe Patriarch in France; but if he came, that more Prelates ought to be sent to the Councel, and some Cardinals also, to counterpoise him. And the Cardinals of Bordisiera, and Nauagero were named. But this resolution was not then taken, because they feared that Loraine would disdaine, and take occasion to doe worse, and because it was not so well knowen whether these were able to make so great an opposition, as also because they were willing to know the opinion first of those who were in Trent, for feare of giuing them distast. They considered

the charge which would increase, which was not fit to bee indured, with∣out great vtilitie. Therefore they resolued to write to the Legates, not to suffer any the least discourse concerning the election of the Pope; which if they could not resist, yet they should not giue any permission, but rather returne to Rome, lest they should preiudice the Colledge of Cardinals, and Italie.

But, in Trent, the Deputies for composing the Anathematismes and do∣ctrine, hauing considered the opinions of the Diuines, made a draught; and put into it, that Bishops are superiours iure Diuino. For the Arch-bishop of Zara, and the Bishop of Conimbria, chiefe of the Deputies, were of that opi∣nion. But the Legates did not permit it, saying, that nothing ought to bee put into it which was not contained in the Articles; notwithstanding that it should bee thought on, if the Fathers did desire it in the Congregations. The Spaniards therefore did immediatly resolue to desire it; and the Le∣gates, vnderstanding so much, gaue order to their Prelates, who were wont to contradict, that, if this matter were proposed, they should bee silent, and not dispute, that they might not giue the Spaniards occasion to replie, by which meanes the Congregations might be drawen in length, and inconueniences arise, which happened in the matter of residence, but if the instance were prosecuted by Granata, or others, the Cardinall Ʋarmiense should interrupt them, answering that it was not a poynt to bee handled in Councell, because it was not controuersed with the Pro∣testants.

The thirteenth of October 1562. when the first Congregation of the * 1.25 Prelates was held, the Patriarchs, and some Arch-bishops, hauing approoued, in few words, the Anathematismes, as they were composed, the Arch-bishop of Granata, did so likewise concerning the sixe first Canons; in the seuenth hee desired it should be sayd, that Bishops, instituted iure Diuino, are superiours to Priests; saying, that hee might with reason desire it, because it was proposed in this forme in the Councell, by Cardinall Crescentius, vnder Iulius the third, and approoued by the Synode. For witnesses hee brought the Bishop of Se∣gouia, who assisted, as a Prelat, in that Councel, and Friar Octauianus Preconius, of Messina, Arch-bishop of Palermo, who beeing not then a Prelate, was there as a Theologue. He sayd they must needes declare both of these two points, that is, that Bishops are instituted iure Diuino, and are iure Diuino supe∣riour to Priests, because it is denied by the heretiques: and hee confirmed his opinion at large, with many reasons, arguments and authorities. He allead∣ged Dionysius, who sayth, that the Order of Deacons is included in that of Priests, that of Priests in that of Bishops, & that of Bishops in that of CHRIST, who is Bishop of Bishops. He added Pope Eleutherius, who, in an Epistle to the Bishops of France, wrote, that CHRIST had committed the Church V∣niuersall to them. That Ambrose, vpon the Epistle to the Corinthians, saith, that the Bishop holdeth the place of CHRIST, and is Vicar of the LORD. He added also the Epistle of Cyprian to Rogatianus, where hee often repeateth that the Deacons are made by the Bishops, and the Bishops by GOD: and that famous place of the same Saint, that there is but one Bishopricke, and euery Bishop holdeth a part of it. Hee sayd the Pope was a Bishop, others

are, because they are all brothers, sonnes of one father, which is GOD, and of one mother, which is the Church. Therefore the Pope doth also call them brethren; so that if the Pope bee instituted by CHRIST, so are the Bi∣shops also. Neither can it bee said that the Pope calleth them brethren in ci∣uilitie, or humility onely, because the Bishops also, in the incorrupt ages haue called him brother. There are extant Epistles of Cyprian to Fabianus, Corueli∣us, Lucius, and Stephanus, Popes, where he giueth them the title of brothers; and of Austine, written in his owne name, and of the other Bishops of Africa, in which the Popes, Innocentias, and Bonifacius, are likewise called brothers. But which is most plaine, not onely in the Epistles of those two Saints, but of many others also, the Pope is called Colleague. And it is against the na∣ture of a Colledge to consist of persons of diuers kindes: and if there were such difference, that the Pope should bee instituted by CHRIST, and Bishops by the Pope, they could not be in one Colledge. In a Colledge there may bee an Head; as in this Colledge of Bishops the Pope is Head, but for edificati∣on onely, and, as it is said in Latine, in beneficientem causam. St. Gregory saith, in his Epistle to Iohannes Syracusanus, that when a Bishop is in a fault, hee is subiect to the Apostolique Sea, but otherwise, all are equall, by reason of humility; which Christian humility is neuer separated from the trueth. He alleadged St. Ierome to Euagrius, that wheresoeuer a Bishop shall bee, whether in Rome, or in Augubium, or in Constantinople, or in Rheggio, all are of the same merit, and of the same Priesthood, and all successors of the Apostles. Hee inueighed against those Theologues, who said that St. Peter had ordained the other Apostles Bishops. Hee admonished them to study the Scriptures, and to obserue, that power to teach throughout all the world, to administer the Sacraments, to remit sinnes, to binde and loose, and to gouerne the Church, is equally giuen to all: and finally, they are sent into the world, as the Father hath sent the Sonne, And therefore as the Apostles had autho∣ritie, not from Peter, but from CHRIST, so the successours of the Apo∣stles haue not power from the successour of Peter, but from CHRIST him∣selfe. Hee brought to this purpose the example of the tree, in which there are many branches, but one body onely. Then hee iested at these Diuines, who had said, that all the Apostles were instituted by CHRIST, and made equall in authoritie, but that it was personall in them, and ought not to passe to their successours, except that of, St. Peter, asking them, as if they had beene present, with what ground, authority, or reason, they were induced to make such a bold affirmation, inuented within these fifty yeeres onely, expressely contrary to the Scripture, in which Christ said to all the Apostles, I will bee with you, vntill the end of the world; which words because they cannot bee ex∣pounded of their particular persons onely, must be necessarily vnderstood of the succession of all, and so they haue beene vnderstood by all the Fathers and Schoolemen, to whom this new opinion is directly contrary. Hee ar∣gued, that, if the Sacraments be instituted by Christ, by consequence the Mi∣nisters of them are instituted also and hee that will say that the Hierarchie is de iure diuine, and the chiefe Hierarche instituted by his Maiestie, must say that the other Hierarche▪ also haue the same institution. That it is a perpetuall do∣ctrine of the: Catholique Church, that Orders are giuen by the hand of Mi∣nisters,

but the power is conferred by GOD. Hee concluded that all these things being true and certaine, and denied by the heretiques, in many pla∣ces, which the Bishop of Segouia had collected, it was necessary they should bee declared, and defined by the Synode, and the contrary heresies condemned.

Cardinall Varmiense tooke occasion hence to interrupt him, saying, as they had agreed, that there was no controuersie of this, yea, that the Confessionists did maintaine the same. Therefore that it was superfluous, and vnprofita∣ble to put it in question, and that the Fathers ought not to dispute of any thing in which the Catholiques and heretiques doe agree. Granata, rising vp, replied, that the Augustane Confession did not confirme this, but contradi∣cted it, putting no difference betweene a Bishop and a Priest, but by humane constitution, and affirming, that the superioritie of Bishops was first by cu∣stome, and afterwards by Ecclesiasticall constitution. And hee demanded againe, that this definition might be made in the Councell, or the reasons and authority, alleadged by him, answered. The Cardinall replied, that the he∣retiques did not denie these things, but onely did multiply iniuries, maledi∣ctions, and inuectiues, against the present vses. And some other replies pas∣sing betweene them, Granata, full of disdaine and heare, said, hee referred himselfe to the Nations.

After this, there being some tumult raised and appeased, they spake of the other points, receiuing the things as they were proposed, some grounding themselues vpon the saying of Varmiense, and some holding that the Pope onely is instituted iure diuino, vntill it came to the Arch-bishop of Zara, who said, it was necessary to adde the words (de iure Diuino) to condemne that which the heretiques say to the contrarie, in the Augustane Confession. Ʋar∣miense said againe, that in that Confession the heretikes did not dissent in this; and Zara alleadging the place, and the words, the contention was so long, that the Congregation did end with it.

In the Congregations following, the opinions were diuers also. In parti∣cular, the Arch-bishop of Braga demaunded the same adiunct, saying, it could not be omitted. He prooued at large the institution of Bishops De iure Diuino, bringing reasons and arguments, like to those of Granata, and said, that the Pope could not take from Bishops the authoritie giuen them in their consecration, which doth containe in it the power not onely of Order, but of iurisdiction also, because, in it, the people is assigned to him to be fed and gouerned, without which the Ordination is not of force; whereof this is a manifest argument, that to titular and por••atiue Bishops a Citie is allotted, which would not be necessary if the Episcopall Order could subsist without iurisdiction. Besides, in giuing the Pasto••all this forme is vsed, that it is a signe of the power which is giuen him to correctvices. And, which is of more importance, when the Ring is giuen him it is said, that with it he doth marry the Church; and, in giuing the booke of the Gospell, by which the Episcopall Character is imprinted, it is said; that hee must goe to the people, committed to him: and in the end of the consecration, that prayer is say'd, Deus omnium fidelium Pastor & Rector which since hath beene in the Mis∣sals appropriated to the Pope, by turning himselfe to GOD, and saying, that

his will is, that the Bishop should gouerne the Church. Moreouer, Inno∣centius the third said; that the spiritual mariage of the Bishop with the Church is a bond, instituted by GOD, not to bee loosed by the power of man, and that the Pope cannot translate a Bishop, but because hee hath speciall autho∣ritie to doe it; all which things would bee very absurd, if the institution of Bishops were De iure Diuino. The Arch bishop of Cyprus sayd, that it ought to be declared that Bishops are superiors to Priests Iure Diuino, but reseruing the authority in the Pope. The bishop of Segouia, adhearing wholly to the conclusions and reasons of Granata made a long repetition of the places of the heretiques; where they denie the superiority of Bishops, and their institution to be De iure diuino. Hee said, that as the Pope is successour of Peter, so the Bishops are of the Apostles: and that it was plaine by the Ecclesiasticall Hi∣story, and by the Epistles of the Fathers, that all Bishops gaue an account one to another, of all that happened in their Churches, and receiued appro∣bation thereof from others. The Pope did the same for the occurrences of Rome. Hee added, that the Patriarches, when they were created, sent a circu∣lar Epistle to the others, to giue them an account of their Ordination, and faith, which was as much performed by the Popes to others as by others to them; that if the power of the Bishops be weakened, that of the Pope is weak∣ned also; that the power of Order, and iurisdiction, is giuen to the Bishops by GOD, and that the diuision of Diocesses, and the application of them to the person proceedeth from the Pope. He alleadged an authoritie of Anacletus, that Episcopall authoritie is giuen in the Ordination, with the vnction of the holy Chrisme; that the degree of a Bishop is as well an Order instituted by CHRIST, as the Priest-hood; that all Popes, vntill Siluester, haue either professedly, or incidently sayd it is an Order, which commeth immediatly from God, that the words spoken to the Apostles, Whatsoeuer yee shall binde on earth, &c. giue power of iurisdiction, which is necessarily conferred vp∣on the Successors; that CHRIST did institute the Apostles with iurisdicti∣on, and since that time the Church hath euer instituted Bishops in the same sort. Therefore this is an Apostolicall tradition, and, it beeing defined that points of faith are taken out of the Scripture, and Traditions, it cannot bee denied that this of the Episcopall institution is an Article of faith; and the rather, because S. Epiphanius, and S. Austine, doe put Aerius in the number of heretiques, for saying that Priests are equall to Bishops, which they would not haue done if Bishops had not beene De iure diuino.

Fifty nine Fathers were of this opinion, and perhaps the number had been * 1.26 greater if many had not been ill at case at that time, of a defluction of rheume, which then did generally raigne, and some others had not fained the same impediment, that they might bee out of the crowde and offend none, in a matter, handled with such passion; especially those, who, for speaking what they thought in the matter of Residence, found they had incurred the dis∣pleasure of their Patrons; as also if Cardinall Simoneta, when hee saw matters proceed so farre, had not vsed diuers perswasions, employing herein Iohannes Antonius Fa••binet••us, Bishop of Nicastr••, and Sebastianus Vantiue, Bishop of Oruieto; who perswaded, with much cunning, that the enterprise of the Spa∣niards was to shake off their obedience to the Pope, and that it would bee an

apostacy from the Apostolike Sea, to the great shame and damage of Italy, which hath no other honour aboue the Nations beyond the Mountaines, but that which it receiueth from the Papacy. Fiue Churches said, it was fit that it should bee declared quoiure all the Orders and degrees of the Church are instituted, and from whom they receiue authoritie. Some others adhe∣red to him, and, in particular, Pompeius Picholhomini, Bishop of Tropeia; who, making the same instance, added, that when all the degrees of the Church were handled, from the greatest to the least, and declared quo iure they were, he would deliuer his opinion also concerning the degree of Bishops, if the Legats would giue leaue. In this number some briefely adhered to the opinion of others who had spoken in this matter, and some amplified the same reasons, and turned them into diuers formes, so that it would be too long to make a narration of all the suffrages which are come into my hands.

That of George Sincout, a Franciscan Friar, Bishop of Segna, doth well deserue to be repeated, who, adhering to Granata, said, that hee would neuer haue beleeued that any could haue doubted whether Bishops are instituted, and haue authority from Christ. For it they haue it not from his diuine Ma∣iestie, neither can the Councell haue any from him, which consisteth of BB. that it is necessarie that a Congregation, though very populous, haue their authoritie from whom the particular persons haue it, that if Bishops are not instituted by CHRIST, but by men, the authoritie of them altogether is humane, and hee who heareth it spoken, that Bishops are not instituted by CHRIST, must needs thinke that this Synod is a Congregation of profane men, in which CHRIST doth not preside, but a power receiued precarily from men, and so many Fathers would in vaine reside in Trent, to their great charge and trouble, because hee who hath giuen the power to Bishops; and the Councell, may, with more authoritie, handle the same things; and it would bee a great illusion generally of all Christendome to propose it, not onely as the best, but as the onely and necessarie meanes, to decide the pre∣sent controuersies. He added, that he had beene fiue moneths in Trent, with this perswasion, that neuer any would haue doubted whether the Councell hath authoritie from GOD, and whether it may say as the first Councell of Ierusalem did, It seemed to the holy Ghost and to vs; that hee would neuer haue come to the Councell, if hee had beleeued that CHRIST had not beene in the midst of it. Neither can any one say, that, where CHRIST assisteth, the au∣thoritie commeth not from him; that if any Bishop should beleeue and thinke his authoritie to bee humane, it had beene great boldnesse in him to denounce, in the former difficulties, anathematismes, and not rather referre all to him who hath greater authoritie. And if the authoritie of the Coun∣cell bee not certaine, it was fit in the yeere 1545. when this was first assem∣bled, that this matter should haue beene sifted, and decided what the autho∣ritie of Councels is, as is vsually done in places of iustice, where, in the begin∣ning of the cause, it is disputed, and decreed whether the Iudge bee compe∣tent, least in the end, there bee a nullitie in the sentence, for want of authori∣tie. The Protestants, who doe take all occasions to detract from, and wrong this holy Synod, cannot haue any more fit, then that it is not certaine of its

owne authoritie. He concluded, that the Fathers should take heed what they did resolue, in a point, which beeing resolued truely, doeth establish all the actions of the Councell, and if otherwise, ouerthroweth all.

The nineteenth of October, all the Fathers made an ende of speaking in this matter, except Father Laynez, Generall of the Iesuites; who, beeing to speake last, did purposely absent himselfe that day, that hee might haue a whole Congregation for himselfe alone. And to make the cause hereof vn∣derstood, * 1.27 we must returne a little backe, and remember, that when the que∣stion was set on foote in the beginning, the Legates thought that the aime was onely to make great the authoritie of Bishops, and to giue them more reputation. But before the second Congregation was ended, they perceiued, very late, by the voyces giuen, and reasons vsed, of what importance and con∣sequence it was. For it did inferre, that the keyes were not giuen to Peter onely; that the Councell was aboue the Pope, and the Bishops equall vnto him, who had nothing left but a preeminence aboue others. They saw that the dignitie of Cardinals, superiour to Bishops, was quite taken away, and that they remained meere Priests, or Deacons; that, by that determination, residence was inferred by a necessary consequence, and the Court brought to nothing; that the preuentions and reseruations were remooued, and the collation of Benefices was drawen to the Bishops. It was noted that the Bi∣shop of Segouia had, a few dayes before, refused to admit one to a Benefice in his Diocesse, to whom it was giuen in Rome. And these things did still ap∣peare more plainely, as new suffrages were dayly giuen, and new reasons al∣leadged. For these causes the Legates did vse the sollicitations aforesaid, for feare that more Italians might ioyne with the Spaniards. Yet they were not able to preuaile so much, but that almost the halfe were of that opinion. And the other Papalins reprehended the Legates, because they foresaw not what might happen, but suffered such great preiudices to come vpon them, say∣ing, they proceeded by chance, and admitted not counsels and aduertise∣ments of wise men; that, so soone as Granata deliuered his suffrage, they were put in minde to vse effectuall sollicitations, which afterwards they were for∣ced to vse, when it was too late; that by their want of care (if not malice in some) matters haue beene handled of the greatest importance that can possi∣bly happen in Councell. They added, that the Ambassadour Lausac had, by many sollicitations, vsed to diuers of the Prelates, discouered himselfe to be not onely a fauourer, but a promoter of that opinion; and considered what an addition would be made vnto it, when the French-men came, who were expected. And they spake so openly, that some words came to the eares of the Legates themselues; who, seeing now the danger not foreseene, thought (in regard the matter had proceeded so farre, and so many had put themselues on that side) that it was not fit to thinke of diuerting the question, but of fin∣ding a temper, to giue the Spaniards some satisfaction. And, after long con∣sultation, they determined to compose the Canon, with these words; That Bishops haue the power of Order from GOD, and, in that, are superiour to Priests; not naming iurisdiction, for feare of making them suspect. For, by such a forme of wordes, it might be inferred, that the iurisdiction remained wholly in the Pope, without saying it.

They sent Father Soto, to treat with the Spanish Prelats, concerning this forme, not so much with hope to remooue any of them, as to penetrate to what they might be brought. Granata gaue him audience, but no answere. He laboured with others also, and gained the reputation of a good Courtier of Rome, in stead of the other, of a good Friar, as he was before. And, to win some that wauered, and some who vnaduisedly fell into that opinion, beeing otherwise deuoted to the Pope, they resolued to vse solicitations vnto them, that, vnderstanding the difficulty, they might bee content to referre it to his Holinesse, or, at the least, to speake more sparingly. To performe this, with the two aforenamed, they ioyned the Archbishop of Rosano, and the Bishop of Ventimiglia. And, that those who would acknowledge their error might haue colour to retire, they gaue order that Laynez should make an exact ful Lecture on this matter; and, that it might be heard attentiuely, and make an impres∣sion, they would not haue him, as hath beene sayd, speake after the others, in the ende of the Congregation, but allowed him one wholly for himselfe. The foure Iesuits consulted together concerning the opinion, and Caueglione, laboured more then the rest. And, not to omit any good meanes of diuer∣sion, they busied the Prelates in another matter. For, to returne to the oc∣currences of that Congregation, after that the Generall of the Serui (who was the last) had giuen his voice in conformitie of the Spaniards, the Cardi∣nall of Mantua admonished the Fathers deputed for the Index, and shewed how important a businesse they had in hand, in regard all subuersions doe a∣rise, and all heresies are spread by meanes of bookes, he exhorted them to bee diligent, and to let the Synod see the end of the work quickly, he said he knew it required much paines and time, but considered withal that all the Fathers would contribute their labours to the assistance of the deputies, saying, that the Congregations were spent in handling questions of no profite, and a worke so necessary deferred. Hee exhorted in the end, that this particular of the Index might be concluded in the next Session.

The morning being come, Laynez spake more then two houres, very fitly, * 1.28 with great vehemence, and master-like. The argument of his discourse had two parts; the first he spent in proouing, that the power of iurisdiction was giuen wholly to the Bishop of Rome, and that none in the Church besides hath any sparke of it, but from him; and the second, in resoluing all the con∣trary arguments, vsed in the former Congregations. The substance was, that there is great difference, yea, contrariety betweene the Church of CHRIST and ciuill societies. For these haue first their beeing, and then they frame their gouernement, and therefore are free, and all iurisdiction is originally in them which they doe communicate to Magistrates, without depriuing them∣selues of it. But the Church did not make it selfe, nor its gouernment, but CHRIST, who is Prince and Monarch, did first constitute Lawes, by which it should be gouerned, and then did assemble it, and, as the Scripture saith, did build it; so that it is was borne a seruant, without any kinde of liberty, power, or iurisdiction, and absolutely subiect. For proofe hereof, he allead∣ged places of the Scripture, in which the Congregation of the Church is compared to a sowing, to the draught of a net, and to a building: and where it is said that CHRIST came into the world to assemble his faithfull people,

to gather together his sheepe, to instruct them, by doctrine and example. Then he added that the first and principall ground, vpon which CHRIST built the Church, was Peter and his succession, according to the words which hee spake to him; Thou art Peter, and vpon this rocke, I will build my Church. Which rocke howsoeuer some of the Fathers haue vnderstood to be CHRIST himselfe, and others the faith of Peter, or the confession of his faith, yet the more Catholique exposition is, that Peter himselfe is vnder∣stood, who, in the Hebrew and Syriacke, is called a stone. And, continu∣ing his discourse, hee sayd, that while CHRIST liued in the mortall flesh, hee gouerned the Church with an absolute Monarchicall gouernment, and, be∣ing to depart out of this world left the same forme, appointing, for his Vi∣car Saint Peter and his Successors, to administer it as hee had done, giuing him full and totall power and iurisdiction, and subiecting the Church to him, as it was to himselfe. This he proued of Peter, because the keyes of the Kingdome of heauen were giuen to him onely, and, by consequence, power to bring in, and shut out, which is iurisdiction. And to him alone it was sayd; Feede, that is, gouerne my sheepe, animals, which haue no part or iudge∣ment in gouerning themselues. These things, that is, to bee a Key-keeper, and a Pastour, beeing perpetuall offices, must bee conferred vpon a perpetuall person, that is, not vpō the first only, but vpon all his succession. So the Bishop of Rome, from S. Peter to the end of the world, is true and absolute Monarch, with full and totall power and iurisdiction, and the Church is subiect vnto him, as it was to CHRIST. And as when his diuine Maiestie did gouerne it, it could not bee sayd, that any of the faithfull had any the least power or iurisdiction, but meere, pure, and totall subiection, so it must bee said, in all perpetuitie of time, and so vnderstood, that the Church is a sheepefold, and a kingdome; and that which Saint Cyprian saith, that there is but one Bishop∣ricke, and a part of it held by euery Bishop, is to bee expounded, that the whole power is placed in one Pastor, without diuision, who doeth impart and communicate it to his fellow ministers, as cause doth require. And in this sense Saint Cyprian maketh the Apostolique Sea like vnto a roote, an head, a fountaine, and the Sunne; shewing, by these comparisons, that iuris∣diction is essentiall in that alone, and in others by deriuation or participa∣tion. And this is the meaning of the words, so much vsed by antiquitie, that Peter and the Pope haue fulnesse of power, and the others are of their charge. And that he is the onely Pastor, is plainely prooued by the words of CHRIST, when hee sayd, he hath other sheepe which hee will gather toge∣ther, and so one sheepefold should be made, and one Shepheard. The Shep∣heard, meant in that place, cannot bee CHRIST, because hee would not speake in the future, that there shall be one Shepheard, himselfe then beeing a Shepheard, and therefore it must bee vnderstood of another Shepheard, which was to be constituted after him, which can be no other but Peter, and his Successors. And here hee noted that the precept, Feede the flocke, is found but twice in the Scripture: once giuen by CHRIST to Peter onely, Feede my sheepe: againe by Peter to others, Feed the flocke allotted to you. And if the Bishops had receiued any iurisdiction from CHRIST, it would bee equall in all, and no difference betweene Patriarches, Arch-bishops, and Bishops; nei∣ther

could the Pope meddle with that authoritie, to diminish or take it all a∣way, as hee cannot in the power of Order, which is from GOD. Therefore he aduised them to beware, lest, by making the institution of Bishops, de iure Diuino, they doe not take away the Hierarchie, and bring in an Oligarchie, or rather an Anarchie, Hee added also, that, to the end Peter might gouerne the Church well, so that the gates of hell might not preuaile against it, CHRIST, being neere vnto his death, prayed effectually that his faith might not faile, and gaue him order to confirme the brethren, that is, he gaue him a priui∣ledge of infallibilitie in iudgement of faith, manners and religion, binding all the Church to heare him, and to stand firmely in that which should be determined by him. Hee concluded, that this was the ground of Christian doctrine, and the rocke vpon which the Church was built. Then hee cen∣sured those who held there is any power in Bishops receiued from CHRIST, because it would take away the priuiledge of the Roman Church, that the Pope is the Head of the Church and Vicar of CHRIST. And it is very wel knowen what is constituted by the olde Canon, Omnes fiue Patriarchae, &c. that is, that hee who taketh away the rights of other Churches com∣mitteth iniustice, and hee that taketh away the priuiledges of the Church of Rome is an heretike. Hee said it was a meere contradiction to say the Pope is Head of the Church and the gouernement Monarchicall, and then say that there is a power or iurisdiction not deriued from him, but receiued from others.

In resoluing the contrary arguments, hee discoursed that, according to the order instituted by CHRIST, the Apostles were ordained Bishops, not by CHRIST, but by Saint Peter, receiuing iurisdiction from him onely; and many Catholike Doctours doe hold that this was obserued: which o∣pinion is very probable. But the others who say the Apostles were orday∣ned Bishops by CHRIST, doe adde, that his Diuine Maiestie in so doing, did preuent the office of Peter, by doing, for that one time, that which belonged to him, giuing to the Apostles that power which they ought to receiue from Peter, euen as God tooke some of the spirit of Moyses, and diuided it amongst the seuenty Iudges. So that it is as much as if they had beene ordained by, and receiued authoritie from Peter; who therefore did remaine subiect vnto him, in respect of the places where, and the manner how to exercise the same. And howsoeuer it is not read that Peter did correct them, yet this was not for want of power, but because they did exercise their charge aright. And hee that shall reade the renowned and famous Canon, Ita Dominus, will assure himselfe, that euery good Catholique ought to defend, that the Bishops, suc∣cessors of the Apostles doe receiue all from Peter. Hee obserued also, that the Bishops are not successors of the Apostles, but onely because they are in their place, as one Bishop succeedeth another, not because they haue beene ordayned by them. To those who inferred, that therefore the Pope might refuse to make Bishops, and so himselfe remaine the onely man, he answered, it was Gods ordination there should bee many Bishops in the Church, to as∣sist him, and therefore that hee was bound to preserue them: but there is a great difference, to say a thing is de iure Diuino, or that it is ordained by God. Those de iure Diuino are perpetuall, and depend on God alone, both in gene∣rall,

and in particular at all times. So Baptisme, and all the Sacraments are de iure Diuino, in euery one of which GOD hath his particular worke, and so the Pope is from GOD. For when one Pope doeth die, the keyes doe not re∣maine to the Church, because they are not giuen to it, but a new Pope beeing created, GOD doeth immediatly giue them vnto him. Now it is not so in things of diuine ordination, in which the generall onely proceedeth from GOD, and the particulars are executed by men. So Saint Paul saith, that Princes and temporall powers are ordained by God, that is, that the generall pre∣cept, that there should be Princes, commeth onely from him, but yet the par∣ticulars are made by the ciuill Lawes. After the same maner, Bishops are by diuine ordination, and Saint Paul saith they are placed by the holy Ghost, to gouerne the Church, but not de iure Diuino. Therefore the Pope cannot take away the generall order of making Bishops in the Church, because it is from God, but euery particular Bishop, being de iure Canonico; may bee remooued by the Popes authoritie. To the opposition that then the Bishops would be Delegati, and not Ordinarij, hee answered, that there was one iurisdiction fun∣damentall, and another deriued; and the deriued is either delegate, or ordi∣nary. In ciuill Common-wealths the fundamentall is in the Prince, and the deriued in all the Magistrates: neither are the Ordinaries different from the Delegates because they receiue authority from diuers persons, yea, all doe equally deriue from the Souereignty; but the difference standeth, because the Ordinaries are by a perpetuall law, and succession, and the others haue a particular authority, either in regard of the person, or the case. Therefore the Bishops are Ordinaries, because they are made by the Popes law a dignity of perpetuall succession in the Church. Hee added, that those places where authoritie seemeth to bee giuen to the Church by CHRIST (as these, that it is a pillar and foundation of trueth, that hee who will not heare it, shall bee estee∣med an Heathen and a Publicane) are all vnderstoode in regard of its Head, which is the Pope, and therefore the Church cannot erre, because hee can∣not, and so hee that is separated from him who is Head of the Church, is separated also from the Church. To those who sayd the Councell could not haue authoritie, if none of the Bishops had it, he answered, that this was not inconuenient, but a very plaine and necessary consequence, yea if euery particular Bishop in Councell may erre, it cannot bee denied that they may erre altogether; and if the authoritie of the Councell proceeded from the authoritie of Bishops, it could neuer bee called generall, because the num∣ber of the assistants is alwayes incomparably lesse then that of the absent. He * 1.29 tolde them, that in this Councell, vnder Paul the third, principall Articles were defined, concerning the Canonicall Bookes, interpretations, paritie of Traditions with the Scriptures, by a number of flue, or a lesse; all which would fall to the ground if the multitude gaue authoritie. But as a number of Prelates, assembled by the Pope to make a generall Councell, bee it how small soeuer, hath the name and efficacie to bee generall from the Pope onely, so also it hath its authoritie; so that if it doeth make Precepts or Anathematismes, neither of them are of force but by vertue of the Popes fu∣ture confirmation. And when the Synode sayth, that it is assembled in the holy Ghost, it meaneth that the Fathers are congregated, according

to the Popes intimation, to handle that, which, beeing approoued by him, will bee decreed by the holy Ghost. Otherwise how could it be said that a Decree was made by the holy Ghost, and could be made to be of no force by the Popes authoritie, or had neede of greater confirmation. And therefore in the Councels, be they neuer so frequent, if the Pope bee present, hee onely doeth decree, neither doeth the Councell any thing but approoue, that is re∣ceiue the Decrees; and therefore it hath alwaies beene sayd, Sacro approbante concilio, yea, euen in resolutions of the greatest weight (as was the disposition of the Emperour Frederic the second, in the generall Councell of Lyons) Inno∣centius the fourth, a most wise Pope, refused the approbation of the Synode, that none might thinke it to bee necessary, and thought it sufficient to say, Sacro praesente concilio. And for all this the Councell cannot bee sayd to be su∣perfluous, because it is assembled for better inquisition, for more easie per∣swasion, and to giue satisfaction to men. And when it giueth sentence, it doth it by vertue of the Popes authoritie, deriued from God. And for these reasons, the good Doctours haue subiected the Councels authority to the Popes, as wholly depending on it, without which it hath not the assistance of the holy Ghost, nor infallibilitie, nor power to binde the Church, but as it is granted by him alone to whom CHRIST hath said, Feede my sheepe.

There was not any discourse in this Councell more praysed and dispray∣sed, * 1.30 according to the affections, of the hearers. The Papalins sayd it was most learned, resolute, and substantiall, others did condemne it of flattery, and some of heresie: and many made it knowen they were offended by his sharpe censure, and that they purposed in the Congregations following, to con∣fute him vpon all occasions, and to note him of ignorance, and temeri∣tie. The Bishop of Paris, who was sicke at home when hee should haue giuen his voice, told euery one that, when a Congregation was held, he would deliuer his opinion against that doctrine, without respect, which not be∣ing heard in former ages, was, within these fifty yeeres, inuented by Caietan, to gaine a Cap; that in those times it was censured by the Sorbone; that, in stead of a celestiall Kingdome (for so the Church is called) it maketh it not a Kingdome, but a temporall tyranny; that it taketh from the Church the title of the Spouse of CHRIST, and maketh it a seruant, prostituted to a man. He will haue but one Bishop instituted by CHRIST, and the others not to haue any authority but dependant from him, which is as much as to say, that there is but one Bishop, and the others are his Vicars, to bee remooued at his pleasure. Hee said this should excite all the Councell, to thinke how the E∣piscopall authoritie, so much debased, might bee kept aliue, and that it may not come to nothing; because euery new Cogregation of Regulars which doth arise, doth giue it a great shake. The Bishops haue held their authori∣tie intire vntill the yeere 1050. when it receiued a great blow by the Clunia∣censian and Cisterciensian Congregations, and others which arose in that age, because many functions, proper and essentiall to Bishops, were, by their meanes reduced to Rome. But when the Mendicants beganne after the yeere one thousand two hundred, almost all the exercise of Episcopall authoritie was quite taken away, and giuen to them, by priuiledge. Now this new Congregation, borne but the other day, which is neither secular nor regular

(as the Vniuersitie of Paris did well obserue eight yeeres since, knowing it was dangerous for matter of faith, a perturber of the Churches peace, and fit to destroy Monasticall life) to goe beyond their predecessours, doth labour to take away all iurisdiction of Bishops, by saying it is not giuen them by GOD, and that they ought to acknowledge that they haue receiued it precarily from men. The Bishop hauing repeated these things to diuers men, mooued many to thinke of the matter, who before did not regard it. But those that were seene in Histories did speake no lesse of that obseruation, Sacro praesente Concilio: which beeing in all the Canonicall Textes, seemed new vnto them all, because they had not marked it. And some approoued the Iesuites interpretation, and some, on the contrary, sayd that the Coun∣cell had refused to approoue that sentence. Some proceeding another way, sayd, that the question beeing of a temporall matter, and wordly conten∣tions, the businesse might passe either one way or other; but that no conse∣quence could bee drawen from hence, that the same might be done in mat∣ter of faith, or Ecclesiasticall Rites, especially it beeing obserued, that, in the Councell of the Apostles, which ought to bee a rule and paterne, the De∣cree was not made by Peter, in presence of the Councell, nor by him with approbation, but the Epistle was intitled with the names of the three degrees, assisting in that Congregation, Apostles, Elders, and Brothers, and Peter was included in the first, without prerogatiue. An example, which in regard of antiquitie, and diuine authoritie, is of more credit then all those of the times following, yea then altogether. And, for that day, in respect of these other points, the discourse of the Iesuite gaue matter of talke throughout all Trent, and nothing else was spoken of.

The Legates were not pleased that this remedie, applied for a medicine, did worke a contrary effect, perceiuing that, in the Congregations, the voy∣ces would bee longer in giuing; neither did they know how to hinder it. For that Father hauing spoken more then two houres, it did not appeare how hee that would contradict him could be interrupted, especially it bee∣ing in his owne defence. And vnderstanding that Laynez enlarged his dis∣course, with purpose to publish it, they forbade him to impart it to any, that others might not take occasion to write against it, obseruing what mischiefe succeeded, because Catharinus published his opinion concerning Residence, whence all the euill did spring, which still continueth stronger then euer. But hee could not forbeare to giue copies to some, as well to honour him∣selfe, and oblige the Papalins to his societie, then rising, as also to mode∣rate in writing some particulars, deliuered with too much petulancie. Ma∣ny did make preparation to write against him; and this motion continued vntill the French-men came, who caused this difference to be forgotten, by bringing in others more considerable, and important. Yet the Papalins * 1.31 continued their counsels against the Spaniards, and their practises with the Prelates, whom they thought they might winne. And a Spanish Doctour, called Zanel, did fitly offer himselfe to the Legates, and proposed meanes to put the Prelates of that nation vpon their defence, and giue them something else to thinke on. And hee proposed to them thirteene points of reformati∣on which did touch them at the quicke. But they could not hence gather

the fruit they expected, because those reformations required others also be∣longing to the Court, which made them desist, lest, according to the pro∣uerbe, by taking one eye from their aduersaries, they might loose both their owne, The practises were so manifest, that, in a banquet of many pre∣lates in the house of the French, Ambassadours, discoursing of the cu∣stome of ancient Councels, not obserued in this, that the presidents of the Synod, and the Ambassadours of Princes deliuered their voyces, Lansac said * 1.32 aloud, that the Legates gaue auricular voyces; and was well vnderstood by all that hee meant their practises.

When these Congregations were held, Fiue Churches presented the Empe∣rours letters to the Legates; who wrote vnto them, that, hauing satisfied * 1.33 themselues in publishing the Canons of the sacrifice of the Masse, they would forbeare to proceed in the Sacraments of Order, and Matrimonie, and handle the matter of reformation in the meane while, referring to their wisdome to handle what part pleased them best, of those things which were proposed to them, in his name. Fiue Churches spake in conformitie of the letter, and made the same request, that, the matter of Order being so farre proceeded in, they would, at the least, forbeare to handle that of Marriage, that, in the meane space, the Emperour might induce the Germanes in the Diet to goe and sub∣mit themselues to the Councell. For so long as the Dutch and French-men continue in their resolution, not to goe to it, nor acknowledge it, the Fathers doe in vaine abide there, to their great cost and incommoditie; and when his Maiestie shall see they cannot be perswaded, he will procure a suspension of the Councel, thinking it will bee a greater seruice to God, and benefit to the Church, to leaue matters vndecided, and in the state they are, expecting a more fit time for the conuersion of those who are separated, then by pre∣cipitating, (as hath beene done vntill that time) the decision of controuer∣sies, in absence of those who haue put them in disputation, to make the Pro∣testants irreconciliable, without any benefit of the Catholiques; saying, that, in the meane while, they might treat of the Reformation, that the Eccle∣siasticall goods may bee distributed to persons of desert, and all haue part of them, and the reuenues may be well dispensed, and the part belonging to the poore not vsurped by any; and such other things. In the end, hee demaun∣ded of them, whether, the Count of Luna comming with the title of the Emperours Ambassadour, the difference betweene Spaine and France for precedence will cease. The Legates answered to this last, that they did not see what pretence the French-men could haue to contend; and, for the rest, they sayd they could not forbeare to handle the points of doctrine, but that, with them, they would handle the Reformation effectually, according to the order set downe by the Synode. They commended the Emperours in∣tention to desire the Protestants to submit, but added, that, for this hope, the Councell ought not to bee prolonged. For the Emperour Charles, in the Papacie of Iulius the 3. made meanes for the same, and obtained it also; but the Dutch-men proceeded with dissimulation, to the damage of the Church, and of the Emperour himselfe. Therefore it was not fit the Councell should change its pace, before the Emperour was assured of the intentions of the Princes and people, aswell Catholique as Protestant, and what kinde of obe∣dience

they will yeeld to the Decrees made already, and to be made in this Councel and in the former, requiring the obseruation of the Synode, with authenticall Mandats of the Prouinces and Princes, and obligation from them for the execution of the Decrees, that their cost and labour may not be in vaine, and laughed at. And in conformity heereof they answered the Emperour.

A Congregation was held the 25. of October, to rece••ue Valentinus Er∣bu••us * 1.34 Bishop of Premisa, Ambassadour of Polonia, who made a short spe〈…〉〈…〉 concerning the Kings deuotion, the tumults of the Kingdome about religi∣on, the necessity of a good reformation, the vsing of some remission in yeel∣ding to the desires of the people, in matters which are de iure positiuo. The Speaker answered in the Synods name, thanking the King and the Ambassa∣dour, and offering to giue assistance in all the occasions of that Kingdome. The Legats did not permit that any thing else should bee handled in that Congregation, for the cause which shall be related.

The Court in Rome, and the Popes Ministers in Trent, were no lesse troubled with the Spaniards, and their adherents in Councell, then with the expectation of the comming of Loraine; and of the french-men; with which they were not so much mooued, so long as there was hope that some rubbe might stoppe them, as after that certaine newes came that they would * 1.35 keepe the day of All Saints with the Duke of Sauoy. The Cardinal, either vainly or of purpose, made it knowne at the french Court, before he parted, and in many places in the iourney, that he would handle diuers things in diminution of the popes authority and commodities of the Court, which beeing reported diuers waies, both in Rome and Trent, made an impression in both places, that the generall intention of the French-men was, to pro∣long the Councel, and, according to occasions, to discouer, and put in pra∣ctise their particular desseignes: and they had coniectures to make them be∣leeue, that it was not without the knowledge of the Emperour, and of other Princes and Lords of Germany. And howsoeuer they were assured, that the Catholique King held not full intelligence with them, yet they had strong arguments to make them beleeue, that his desseigne was to prolong the Councel, or, at the least, not to suffer it to end. To crosse this purpose, they * 1.36 determined to propose the abuses of the Kingdome of France, and to let the Ambassadours vnderstand that they would make prouision for them; be∣cause all Princes, who desire a reformation in the Church, would not wil∣lingly endure any at all of themselues, so that they thought, that if any mat∣ter of importance were handled to their preiudice, they would forbeare, and make their Prelats forbeare also to speake of things preiudiciall to the Apo∣stolique Sea. Therefore after some packets had passed betweene Rome and Trent, it beeing iudged a good course, the abuses were collected, which were said to be principally in France, and partly in other Dominions. And hence the reformation of Princes began, which, in the relation of the things that follow; will affoord vs much matter.

Besides, in Rome it was thought to bee a good remedie, that the Legates should bridle the transcendent boldnesse of the Prelates, vsing their authority and superiority, more then they had done. And, in Trent, it was thought to

be a good course, to keepe the Prelates, their adherents, vnited, well edified, and satisfied. For howsoeuer the voyces of the contrary part might encrease, yet they should euer exceede in number, and bee Lords of the resolutions. And they thought fitte also proceed to finish the Councel, or suspend, or translate it. They wrot also, and made many of the popish Prelates to write to their friends and Patrons in Rome, that there could bee no better re∣solution or prouision, then to giue occasion, (which might easily bee done) that some Prince might desire the suspension, not suffering any to slippe: and, for this end, they demanded diuers Briefes to be sent from Rome, in mat∣ter of translation, suspension, &c. that they might make vse of them, as occa∣sion was offered. They counselled the Pope also to goe to Bolonia in person. For besides the receiuing of more frequent and fresh aduices, and the sudden making of incident, and necessary prouisions, hee might haue a colourable reason to translate the Councel to that Citie, vpon euery small occasion, or to suspend it; desiring him that, as they had imparted nothing to the Cardinall Madruccio, so nothing might come to the eares of the Cardi∣nall of Trent, his vncle, who, for many respects, and particular interests would certainely vse all meanes that it might not bee transferred from Trent.

To quench the boyling heat in the controuersie about the institution of Bishops, that it might not increase, by meanes of so many who were prepa∣red to contradict Laynez, they would not hold any Congregation for many daies. But this leasure did strengthen their opinions, and they spake of no matter but of this, in euery corner, and almost euery day three or foure of them ioyned together, and went to some of the Legates, to renew the in∣stance. And, one day, the Bishop of Gadici with foure more, hauing, after the proposition made, added, that as they confessed that the iurisdiction be∣longed to the Pope, so they were content it should bee expressed in the Canon. The Legates beleeued that the Spaniards, acknowledging their er∣ror, would confesse that all iurisdiction was in the Pope, and deriued from him: but, desiring a further declaration, that Bishop said, that as a Prince doth institute in a Citie a Iudge of the first instance, and a Iudge of appeale, who though he be superior, yet cannot take authority from the other; nor vsurpe the causes belonging to him, so CHRIST, in the Church, hath in∣stituted all Bishops, and the Pope superiour, in whom the supreme Ecclesi∣asticall iurisdiction was, yet so, that others had theirs, depending on CHRIST alone. Fiue Churches complained to euery one, that so much time was lost without holding any Congregation, which might bee profitably spent, but that the Legates did, according to their vse, purposely suffer it to bee spent in vaine, that they might giue forth the Articles of reformation the last day, that there might not be time to consider, much lesse to speake of them. But the Legates were not idle, still thinking how they might finde a forme for this Canon, which might bee receiued, and changed it more then once a day: which formes going about, and shewing the hesitation of the Legates, the Spaniards were not onely encouraged in their opinion, but spake also with more liberty; so that, in a meeting of many Prelates, Segouia was not afraid to say, that one word would bee cause of the ruine of the Church.

Seuen dayes being past without any Congregation, the thirtieth of Octo∣ber, the Legates being in consultation, as in the dayes before, all the Spaniards, with some others, required audience, and made a new instance, that the in∣stitution and superiority of Bishops De iure Diuino, might bee defined, saying, that if it were not done, they should faile to doe that which is iust and neces∣sary in these times, for clearing of the Catholique trueth, and protesting they would assist no more in Congregation or Session. This being diuulged, ma∣ny Italian Prelates agreed together in the house of Cardinall Simoneta, in the Chamber of Iulius Simoneta, Bishop of Pescara, and came to the Legates the next morning three Patriarches, sixe Arch bishops, and eleuen Bishops with a request, that it might not bee put into the Canon, that the superiority is De iure Diuino, in regard it sauoured of ambition, and was vnseemely that themselues should giue sentence in their owne cause, and because the greater part would not haue it put in, the occasion might not bee giuen to speake of the Popes authority, which they would, and ought to confirme. When this was knowen in Trent, many did beleeue that this instance was procured by the Legats themselues: whereupon after Euensong, a greater number as∣sembled themselues in the vestry, in fauour of the Spanish opinion, & others in the house of the B. of Modena, for the same end: and there were foure other assemblies in the houses of the Arch-bishops of Otranto, Taranto, Rosano, and of the Bishop of Parma. The tumult proceeded so farre, that the Legats were afraid of some scandall, and thought they could by no meanes hold the Sessi∣on at the time appointed, and that there was a necessitie to discusse some points of doctrine, and propose some matter of reformation, before they came to the resolution of the Article which was the cause of so greate a motion. And Simoneta complained often that he had little assistance from Mantua and Seripando, who howsoeuer they did some thing, yet could not hide their thoughts, which did incline to the aduersaries.

Letters of credence came from the Marquis of Pescara, to the principall * 1.37 Spanish Prelats, with commission to his Secretarie, to vse the strongest per∣swasions with them, and to aduise them not to touch any thing in preiu∣dice of the holy Sea, assuring them that the King would be displeased, and that great inconueniences in his kingdomes would ensue; saying, it could not be expected from their wisedome that they would resolue in any particular, before they vnderstood his Maiesties pleasure. And he gaue him order to aduise whether any of the Prelates made small account of this admonition, or were refractary in obeying, because it was the Kings pleasure that they should stand vnited in the deuotion of his Holinesse, and should dispatch * 1.38 expresse Curriers: if there were occasion. Granata answered, that he neuer meant to say any thing against the Pope, and thought that whatsoeuer was spoken for the authority of Bishops, was for the benefit of his Holinesse, being assured, that if their authority were diminished, the obedience to the holy Sea would decrease also, though by reason of his oldage, he knew that it would not happen in his time; that his opinion was Catholike, for which he would be content to die; that, seeing such contrarietie, he was not wil∣ling to remaine in Trent, because hee expected but small fruit, and therefore had demanded leaue to depart of his Holinesse and his Maiesty, much de∣siring

to returne; that at his departure out of Spaine, he receiued no com∣mandement from the King and his Ministers, but to ayme at the seruice of God, and the quiet & reformation of the church, which he had truly per∣formed; that he thought he had not crossed the Kings will, though he made not protession to diue into it but hee knew that Princes when they are re∣quested, especially by their Ministers, doe easily content them with general tearmes. Segouia answered, that his meaning neuer was to do the Pope any * 1.39 ill office, but that he could not gaine-say his opinion, because it was for the Catholique truth, nor could speake more then he had spoken already, hauing neuer since seene or studied any thing concerning this matter. Afterwards they retired all together, and sent to the King a Doctor, of the family of Se∣gouia, with instruction, to informe his Maiestie that neither they, nor any o∣ther Prelats could bee reprehended, if they knew not how to promote the proiects of Rome, because they could not propose any thing, but onely deli∣uer their opinion concerning that which was proposed by the Legates, as his Maiestie did well know; that it would bee hard so interrogate them, and binde them to answere against their conscience; that they were assu∣red they should offend GOD and his Maiestie, if they should doe other∣wise; that they could not bee blamed for speaking out of season, because they did not propose, but answere; that when they did commit any errour, they were ready to correct it, according to the commandement of his Ma∣iestie; that they had spoken according to the Catholique doctrine, in such plaine tearmes, that they were ••••re he would approue all, beseeching him to vouchsafe to heare them, before hee did conceiue any finister opinion of them.

Those Prelats were not deceiued in belcouing it did proceed rather from * 1.40 the Ministers, then the King. Simoneta vsed perswasions, at the same time, to another Spanish Secretarie of the Count of Luna, that the Count bee∣ing to assist at the Councell, it was necessary hee should come prepared, to keepe those Prelates within their bounds, otherwise there would ensue, not onely preiudice to the Church of GOD, but to the dominions of his Maiesty also, because their principall intent was to assume all authority to themselues, and to haue free administration in their Churches. And hee perswaded the Secretary of Pescara to meete Luna on the way and to informe him of the dis∣signes, and boldnesse of those Prelates, and to perswade that it would bee good seruice for the King to represse them. In conformitie whereof Ʋar∣miense wrote a long letter to Petrus Canisius to the Emperours Court, that hee would vse the same perswasion to the Count.

The doctrine collected out of the voyces, deliuered in the former Con∣gregations, being giuen foorth, they began againe to speake their opinions concerning it the third of Nouember. But Cardinall Simoneta forewarned his adherents to speake reseruedly, and not to runne out into words of pro∣uocation, because that time did require that mens minds should rather be pa∣cified. Hauing spoken hereof three dayes, and returning often to the con∣trouersie, by reason of the connexion of the matter, the Legates thought it necessary to propose some matter of reformation, especially because, the French-men approaching the Bishop of Paris said publikely, that it was time

to begin to giue satisfaction to the French, and other Nations, deputing some Prelates of each, to consider of the necessitles of those Countreys, because the Italians, neither in Trent; nor in Rome, could know them; that vntill then no reformation had been made, because that which was decreed was to no purpose. But the Legats being to propose some thing of reformation, thought it necessary, that they might not giue occasion of many inconueniences, to begin with residence.

It hath been related already what the Pope wrote in this businesse. Af∣terwards, the Legates and their adherents were in continuall cogitation how to compose a Decree, that might satisfie his Holinesse, without preiudice of the promise which Mantua made to the Prelates. For to propose at the first, the reference of it to the Pope, seemed contrary to that promise; and there was great difficultie what Decree to propose, which not beeing accepted, might giue them occasion to returne to the businesse of reference. They made a calculation of those who might bee drawen to their side, and of those who were totally opposite, and found that the Councell was diuided into three parts, almost equall, that is, into these two, and a third, who desired a definition to bee made in Councell, without offence of his Holinesse: of which there was hope to gaine the maior part, and so to ouercome the aduer∣saries. Therefore they diuided themselues, and perswaded so effectually, * 1.41 that, besides others they gained seuen Spaniards, amongst whom were Astor∣ga, Salamanca, Tortosa, Patti, and Elma, the Bishop of Macera labouring strong∣ly herein.

Foure courses were proposed to come to the execution; one, to make a * 1.42 Decree, onely with rewards and punishments; another, that many Prelates should desire the Legates, that the businesse might be remitted to the Pope, which request should bee read in Congregation, hoping that, by perswasi∣ons, so many would come vnto them, that their number would exceed the other, by one halfe; the third that the Legates should propose the remission in Congregation; the fourth, that the Pope should presently make an effe∣ctuall prouision, which should be printed immediately, and published euery where before the Session, that the opposites, beeing preuented, might bee * 1.43 forced to yeeld. To the first was obiected, that all those who demaunded the declaration de iure Diuino, would bee contrary, and thinke that rewards and punishments cannot bee so effectuall as the declaration, especially there being already Decrees of Councels and Popes, which haue neuer been estee∣med: and there would bee difference also concerning the rewardes and pu∣nishments. That the Prelates will make impertinent demands; that, at the least they will desire the collation of Benefices with Cure. That they will demaund the abolition of the Priuiledges of the Regulars, and o∣ther exorbitant things; and that they shall euer bee in danger of mutation after the proposition made, vntill it bee passed in Session, especially when the French-men come, who may demaund a retractation. It was oppo∣sed to the second, that the Prelates could not bee brought to make re∣quest, without clamour; that those who were not called, would disdaine and goe to the aduerse part; that the aduersaries also would make vnions, and clamours, and complaine of the practises. To the third was ob∣iected

that the opposites would say, that the consent was not voluntary, but for feare of seeming to distrust his Holinesse, and because there was not liberty to speake, and if it were refused, it were as much as to call the Popes authority into question: besides it would bee sayd that this refe∣rence was desired by his Holinesse. Against the fourth was sayd, that the Popes Bull being not read in Councel, occasion was giuen to the Fathers to demaund the definition, and if it were, it might bee feared that some would demaund a greater prouision, and so all would succeede with small reputa∣tion. Seeing so many difficulties they prolonged the businesse, which did not giue satisfaction, because it had beene published, that the Fathers should speake of it. Finally, beeing forced to resolue, the sixth of Nouember, em∣bracing that course to propose a Decree with rewards and punishments, af∣ter that some of the Fathers had spoken concerning the businesse of that Congregation, the Cardinall of Mantua proposed it in good tearmes, saying in substance; that it was a thing necessary, desired by all Princes, and that the Emperour had often made request for it, and complayned that this point was not immediatly dispatched; and that, by troubling themselues with vaine questions, which bee of no importance, the principall conclu∣sion hath been deferred; that this is not a matter which needeth disputation, but a meanes onely remaineth to be found, to execute that which euery one thinketh to bee necessary; that the Catholique and most Christian Kings had made instance for the same, and that all Christendome did desire to see the prouision; that this matter was spoken of in the time of Paul the third, and passed ouer by some, very impertinently, with superfluous questions, which then were wisely buried in silence; that it appeareth, by the same reasons, that there is no neede to handle any thing now but that which was proposed in the Decree. And, amongst other things, hee sayd, that they were confirmed by the speach of the Ambassadour Lansac, who had often shewed by good reasons, that nothing was to bee required, but that resi∣dence should be executed, and that it was to no purpose to shew whence the obligation came. Amongst other particles, there was in the Decree, that the Bishops residing should not be bound to pay Tenths, Subsides, or any other Taxe, imposed by what authoritie soeuer, though at the instance of Kings and Princes. This mooued all the Ambassadours very much; but Lansac, dissembling, complained that the Cardinall of Mantua had named him, without telling him of it before, granting hee had spoken so much vn∣to him, but as a particular friend, not as an Ambassadour. And to make his complaint the more grieuous, hee found fault also, that the Catholike King was named before the most Christian. Of the Tenths hee sayd nothing, hoping that, by that which he had said, and by some opposition, which the fauourers of ius diuinum would make, that forme of Decree would bee hindered. Fiue Churches sayd onely, that hee did not beleeue that the Empe∣rours minde was as the Cardinall had proposed. But the Secretary of the Marquis of Pescara demanded openly, that the words might be amended, so that they might not preiudice the grace granted by the Pope to his Catholike Maiestie, for the Subsidie of the Gallies. The Legates did beleeue they had by this meanes gained the Prelates: but after they vnderstood the exception

for Spaine, they began to say amongst themselues, that they were fauoured in that which could not bee granted. For in Spaine and France, and vnden euery other Prince they should bee forced to pay; and in the state of the Church also, with a Non obstantibus, the grace would bee made of no force.

The next day they passed from residence, to Episcopall Order. And Sego∣uia replied, that the institution of Bishops de iure Diuino, was handled, and * 1.44 resolued, in the same Councell vnder Iulius the third, with a generall consent and that himselfe had deliuered his opinion therein, and specified the day and hour•• when it was. The Cardinall of Mantua caused the actes of that time to be searched, and that to be read by the Secretary which was then defined to be published, expounding them so, as that hee concluded that it was nei∣ther decided, nor examined, nor proposed in that manner, as it was sayd by Segouia. The Bishop answering, though reuerently in appearance, there pas∣sed so many replies, that they were forced to breake vp the Congregation. And because some will perhaps desire to knowe which of them spake with most reason, it will bee fit to recite heere that which was then decided in the Congregations, though not published in Session, by reason of the sudden dis∣solution of that Councell, before related. Three heads of doctrine were then composed, the third where of was inscribed, of the Hierarchie, and of the difference of Bishops and Priests: and hauing spoken much of the Hierarchie, it saith thus afterwards, as it is translated verbatim out of the Latine. Besides, the holy Synod doth teach, that those are not to be bearkened vnto, who say that Bishops are not instituted Iure diuino, it appearing manifestly, by the words of the Gospel, that CHRIST our Lord hath himselfe called the Apostles, and promoted them to the degree of the Apostleship, into whose place the Bishops are subrogated; neither ought wee to thinke that this, so eminent and necessary a degree, hath beene brought into the Church by humane institution; for so wee should detract from, and disesteeme the diuine proui∣dence, for failing in the most noble things. These were the wordes vsed in that point of doctrine. There were noted also eight Canons; the last whereof said thus: Hee that shall say that Bishops are not instituted iure Diuino, or are not superiour to Priests, or haue not authoritie to ordaine, or that this doeth belong to Priests, let him be anathema. Euery one being prepossessed with an opinion, doth finde it in all this that is read; and it is not wonder, if each of those two Prelates did finde his owne in the same words, which the Papa∣lins did interprete onely of the power of Order, and the Spaniards of all, which containeth order and iurisdiction. Yet some of the Popish Prelates did beleeue that Mantua, studiously faining to thinke as they did, caused the old determination to bee read, not to confirme his owne opinion, but the Spanish, which secretly hee defended.

The Cardinall of Loraine beeing entred into Italie, the Pope could not de∣nie the French-men, to cause that he should be expected. And hee wrote to Trent, that they should prolong the Session, yet not so as to passe Nouember. The Legates receiuing aduice that the Cardinall was vpon the Lago di Garda, in the Congregation of the ninth of Nouember, Mantua proposed the de∣ferring of the Session vntill the 26. of the same moneth, which Loraine not knowing, sent Carlo de Grassi, Bishop of Monte Finscoue, and wrote letters

also to the Legates, that, if it would please them to tary for him, he would be in Trent within a few dayes. And they resolued to make no more Congre∣gations vntill his comming, to giue him the more satisfaction. The Bishop related, that the Cardinall did shew a good intention in all his discourses, and that hee would send his opinions to his Holinesse, that hee might see them; that the Prelates in his company came for the seruice of God, and with a good mind toward the Apostolique Sea, and did hope that their comming would make a concord in the Councell, and cause them to bee diligent in making a fruitfull reformation, without any respect of their owne interest; and many such things hee said: which though they were testified by Grassi, and confir∣med by the Ambassador de Ferriores, yet the Popish Prelates did beleeue them onely in complement, and purposed to vse all the remedies, desseigned both in Trent and Rome.

Loraine entred Trent, and was met a mile on the way by Card. Madruccio * 1.45 and many Prelats, and by all the Legates at the gate of the Citie; from which place he was accompanied to the house where he was lodged. Hee rode be∣tweene the Cardinals Mantua and Seripando, which honour they thought ne∣cessary to doe vnto him, because the same was done vnto him by Monte, and Sancta Croce, Legates in Bolonia, when the Councell was helde in that Citie, at the time when he went to Rome for the Cap. In the euening he went to visit the Cardinall of Mantua, and had audience the next day before the Legates, * 1.46 with the Ambassadours, Lansac and de Ferrieres. He presented the Kings let∣ters directed to the Councell, and then made a long discourse, to shew his inclination to serue the Apostolique Sea, promising to communicate all his designes to the Pope, and to them the Legates, and not to desire any thing, but to the good satisfaction of his Holinesse. Hee said, hee would not bee curious in vnprofitable questions, adding, that the two controuersies, of the institution of Bishops, and of residence, which were spoken of euery where, had diminished the authority of the Councell, and taken away the good opi∣nion the world held of it. For his owne part he professed hee was more in∣clined to the opinion which doeth affirme them de iure diuino, yet though it were certainely true, hee saw no necessitie, or opportunitie to proceede to the declaration thereof; that the end of the Councell ought to bee to re∣unite those to the Church who were separated; that himselfe had beene at a parley with the Protestants, and had not found them so different, but that they may bee reduced, if the abuses were taken away; and that no time is more fit to win them then this, because it is certaine they were neuer so vni∣ted to the Emperour, as now; that many of them, and in particular, the Duke of Wittemberg, was willing to assist in Councell: but it was necessary to giue him satisfaction, by a beginning of reformation, in which the seruice of GOD did require that their Excellencies should imploy their labour; hee shewed the desire of the King, that fit remedies might bee applied to the necessities of his people, seeing that, as he had warre now with the Hugo∣notes, so if the abuses were not prouided against, hee should haue more to doe with the Catholiques, whose obedience will bee quite lost; that these were the causes why his Maiestie had sent him to the Councell. Hee com∣plained that, of all the money which the Pope promised to lend the King, he

could receiue but fiue and twentie thousand crownes, disbursed by the Car∣dinall of Ferrara, in regard of the limitations, put in the Mandats, because they could not be exacted but vpon certaine conditions, to take away the Prag∣matikes of all the Parliaments of the kingdome, a thing of so great difficul∣tie, that there was no hope euer to receiue one pennie. In the end hee said hee had brought new instructions to the Ambassadours; and therefore when hee had spoken to the Synode, in the Kings name, in the first con∣gregation, he would afterwards only deliuer his suffrage as an Arch-Bishop, not medling with the affaires of the kingdome, but leauing the care thereof to them.

The Legats answered, without consultation, as euery one thought good, * 1.47 commending his pietie and deuotion towards the Apostolike Sea, and offe∣ring to impart all their affaires vnto him. They shewed what patience they vsed in suffering the libertie, or rather the licence of Prelats, in their speeches, who went vp and downe, and mooued new questions: but now, his excel∣lencie being ioyned with them, they doubted not but by his aduice and as∣sistance they might be able to represse this great boldnesse, and compose the differences risen, and proceede heereafter in so comely a manner, that the world might receiue edification, which before had conceiued a bad opinion, that the euill will of the Protestants was too much knowne, who when they shew themselues not auerse from concord, then it is to bee doubted that they inuent new occasions of greater difference; that it is certaine that they haue demanded a Councell, because they thought it would bee denied them, and at the same time when they required it, they indeauoured by all meanes to hinder it, as now those, who are assembled in Francfort, laboure that it may not proceede, and vse meanes to the Emperour to interpose some impedi∣ment; that they hate the very name of the Councell, as much as of the Pope, neither haue they formerly made any other vse of it, then to couer and excuse their apostacie from the Apostolike Sea, that there was no hope of their conuersion, and therefore meanes only was to bee vsed to preserue the good Catholikes in the true faith. They commended the pietie and good intention of the king, and shewed the desire of the Pope for reformation and what hee had done to reforme the court, not regarding the diminuti∣on of his owne reuenues, and that hee had alwaies written to the Councell, that they would labour in the same businesse, whereunto themselues the Le∣gates were much inclined and disposed, but were hindred by the contenti∣ons of the Prelates, which consumed almost all the time; that if in France there bee danger to loose the obedience of the Catholikes, it is a matter to bee treated of with his Holinesse. Concerning the loane of money, they saide the paternall charitie of the Pope towards the King and Kingdome was so great, that they might bee assured that the conditions were put in for pure necessitie. And after diuers complements, they concluded that on Mun∣day hee should bee receiued in the generall congregation, to declare to the Fathers the occasion of his comming, and to reade vnto them the Kings letters.

The Legates were troubled with these wordes of the Cardinall, that hee would not meddle with the affaires of the Kingdome, but leaue them to the

Ambassadours, which were not conformeable to those which Lansac and de Ferrieres had vttered a little before; saying, they were glad of the Cardinals comming, because they should be eased of all paines, all being (as they said) to depend vpon his Honourable Lordship. They concluded that they were to take heede of those dissimulations, and the rather, because Cardinall Si∣moneta had receiued certaine aduice from Milan, that the French Abbots, lodged in Saint Ambrose, said they would ioyne with the Spaniards, Dutch-men, and Vltramontanes, and treat of matters which would not please the Court. Besides, the French-men were heard to say in all their discourses, that time was not to bee lost in questions, but the reformation to bee spoken of; that they ought to begin with taking away pluralitie of Benefices, and that the Cardinall would bee the first to leaue them, to giue example; that dispen∣sations are to bee giuen gratis; that the Annates, preuentions and small dates ought to be remooued, and onely one prouision made for a Benefice: ampli∣fying also the matter, that the Pope had a most excellent occasion to gaine immortall glory, by making the foresaid prouision, to satisfie Christian peo∣ple, and to vnite, and appease them by prouiding against these abuses and in∣conueniences; and that in recompense they would pay vnto his Holinesse an halfe Tenth; that they were come thither, resolute not to depart, before they had attempted to make all these prouisions, how long soeuer they taryed there; that in case they saw they could not preuaile, they would make no clamour, but returne quietly into France, and make the same prouisions at home. The Legats also had notice, that the Cardinall held great intelligence with the Emperour, and (which was of more importance) with the King of Bohemia, who were manifestly inclined to giue satisfaction to the Princes of Germanie, who did vndoubtedly hate the Councell, and would bee glad it might not proceede, but dissolue in some aduantagious manner for them, and dishonourable for the Apostolike Sea and the Synode. They suspected also the Catholike King in regard of an aduice which came to the Secretarie of the Count of Luna, that the instruction being alreadie made in Spaine for that Count, it was resolued to send Martin Gazdellone, who had beene Secre∣tarie to Charles the fift, to bring him, instruction by word of mouth, which they would not commit to writing, by reason of diuers aduices which lately had come vnto them. And confronting this with another aduice receiued out of France, that the Cardinall of Loraine had, before he departed, commu∣nicated to his Catholique Maiestie the petitions, hee purposed to handle in Councell, and knowing assuredly that he had beene solicited by Germanie, to make instance for the reformation, they doubted that the comming of that Cardinall might hatch some great nouitie, and were not pleased one iot with his speach in the audience, concerning the comming of the Dutch-men to the Councell, considering the conference he had with the Duke of Wittenberg. In summe, presupposing that a person of so greate authoritie and wisedome would not haue come, without a sure ground to build his designes vpon, they resolued to send presently all these considerations to the Pope. And ha∣uing obserued that whensoeuer any extraordinaries came to Trent, or depar∣ted, the Prelats tooke occasion to talke, to seeke out the cause, to whisper, to make a noise, and to lay plots also, which, now that the Cardinall was

come, might produce more dangerous effects, they dispatched secretly, and wrote that order might bee giuen to the Curriers to leaue their guide and baggage at the next Post to Trent, and enter slowly into the Citie, with the dispatch onely.

The Cardinall went not into the congregation at the day appointed, by reason of a small feuer, which had seased on him; and therefore hee desired they would proceede slowly, that he might be present before the resolution. * 1.48 The Legates resolued to giue him satisfaction, and therefore they began the Congregation later then they were wont. In which the French Bishops and Abbats beeing present, a general muster was made (the number of the Prelates beeing found to bee two hundred and eighteene) and a place assig∣ned to euery one. The next day, there beeing some difficulty about prece∣dence, they made a new assignation of places, making all the Prelates to enter into the Congregation one by one, and conducting euery one to his seate. In those Congregations none of the Frenchmen spake, either because they expected the Cardinall to beginne, or because they were willing to see the manner first. The nineteenth of Nouember the Arch-bishop of O∣tranto appointed a banquet at night for many Prelates, and hee that had * 1.49 the charge to inuite them, saying, that they ought not to faile, in regard of the seruice they might doe the Apostolique Sea, by comming thither, it was immediately published in Trent, that the Popish prelates, were assem∣bled, to make a combination against the Frenchmen. This distasted them much, and the more, because after the banquet, they were assured that such discourses had been vsed at the table, and obseruing that since their com∣ming, some new Prelate did arriue euery day, they thought they were mis∣trusted, and held to bee opposites. Therefore the Legates, to make shew of all confidence, and respect of honour to the Cardinall, in the Visitations which each of them made while hee was sicke, they perswaded him to take so good an occasion to compose the controuersies which the questions haue made; a thing which would bee easie for him, and of great reputation, be∣cause no man hath been able to effect it. The Cardinall seemed to bee wil∣ling, and offered his endeauours.

The Pope, who in those dayes had been in some danger, by reason of * 1.50 a greate vnexpected accident, hauing recouered his health, receiued aduices from the Legates, and from diuers other places, by which the Frenchmen had passed, all vniformely full of their desseignes. Besides, when hee was sicke, Monsieur de l' Isle vsed practises, and layd plottes, that, if hee had died, the Pope might bee created in Trent by Nations, and the Sea held vacant vntill the reformation were made. For so the Councell would bee free, and the new Pope would accept the reformation, which was established before his creation. This mooued him most of all, as well because euery man, and Princes especially, are displeased when any thing is desseigned to bee * 1.51 done after their death, as also because hee was by this most assured, that the Frenchmen were resolued to reforme the Court, and the Popedome. These things, and the differences in Trent about the institution of Bishops and resi∣dence, caused him to hold a Congregation euery day, and hee could not for∣beare to tell euery one, that hee had no businesse more important, and dan∣gerous

to him then the Conncell. And relating in Consistorie the diffe∣rences in Trent about the institution, and the new proposition of residence, hee breake out into this exclamation, that all the Bishops beneficed by him were his opposites, and that hee maintained an armie of enemies in Trent. There was an opinion that hee secretly wished some good successe to the Hugonots in France, and some aduantage to the Protestants in the Diet of Germanie, that the Councell might be dissolued, and not by his meanes. But, * 1.52 beeing wholly bent to prouide remedies, he gaue order to the Bishops who * 1.53 were not parted from Rome as yet, to depart immediatly, and caused Marcus Antonius Boba, Bishop of Asti, Ambassadour for the Duke of Sauoy, residing with him, to goe thither also. On the other side, hee forbade the Archbi∣shop of Turris, and the Bishop of Cesena to goe thither; the former, because hee had defended residence to bee de iure diuino; with more constancie then the times did comport, in the Councell vnder Paul; the other because hee was a familiar friend of the Cardinall of Naples, of whom hee doubted much, by reason of the slaughter of his two vncles, and of the executions made against his person: and hee feared, because it was said, that the Count of Montebello; father of the Cardinall, had, in his custodie, an obligation vn∣der * 1.54 his hand, by which, beeing Cardinall in the Conclaue, hee promised a summe of money to the Cardinall of Naples for his voyce to bee Pope. But howsoeuer his greatest diffidence was in the Frenchmen, yet hee thought fit to dissemble it. Hee sent into France fourtie thousand Crownes, the residue of the hundred thousand which hee promised. And hee caused Sebastianus Gualterus, Bishop of Viterbo and Ludouicus Antinori to goe to Trent, who, hauing bin in France, had some acquaintance with some of those Prelats, and had made themselues knowne to the Cardinall, vnder colour to honour him. And hee wrote to this Cardinall and to Lansac letters full of complement, and confidence. Yet they thought that these men were sent to discouer the Cardinals intention, and to obserue his proceedings; and the rather because they had receiued aduice from Rome, that the Bishop had exhorted the Pope not to be so much afraid, in regard the Cardinall also would finde difficulties and impediments, more then he beleeued hee should, and said that himselfe would make more to arise.

The 22. of Nouember, the Cardinall resolued to enter into the Congre∣gation the day following; and it was agreed that the Kings letters should be read, and himselfe make a speach. But Loraine proposed also, that the Am∣bassadour de Ferrieres should make another. To this the Legates did not con∣sent, because if this had beene once permitted, both hee and all other Am∣bassadours, would still bee desirous to speake, and propose, with danger of making greater confusion; but, concealing this cause, they said, that neither in this Councell, nor vnder Paul or Iulius, it was euer permitted to Ambassa∣dours to speake in Congregation, but onely when they were first receiued; and that without the Popes consent they could not yeelde to such a nouitie. But Loraine answered, that the Kings letter, and the instruction beeing new, it might bee called a new Ambassage, and that, the first entrance. After many answeres and replies, Loraine hauing giuen his word, that they should not desire to speake any more, the Legates, to giue him satisfaction,

and that hee might not haue cause of open distast, were contented.

Therefore the next day, the Congregation beeing assembled, the Kings letter was read, with this inscription. To the most holy and most reuerend Fathers, assembled in Trent to celebrate the sacred Councell. In which hee said, that, it hauing pleased God to call him to the Kingdome, it hath pleased him also to afflict him with many warres; but hath so opened his eies, that, howsoeuer hee be yong, hee knoweth that the principall cause of the euils is * 1.55 the diuersitie of religion. By meanes of which diuine illumination in the beginning of his Kingdome, hee made instance for the celebration, of the Councel, in which they were then assembled, knowing that in them the anci∣ent Fathers haue found the most proper remedies to the like infirmities, and, that he was grieued, that being the first to procure so good a worke, hee had not beene able to send his Prelates with the first; the causes whereof beeing notorious, hee thought hee was sufficiently excused; and the rather, because the Cardinall of Loraine was now arriued; accompanied with other Prelats. That two principall causes hath mooued him to send that Cardinall; the first, his owne great and frequent instance, to haue leaue to satisfie his duty, in regard of the place he holdeth in the Church; the second, because, being of his Priuie Councell, and exercised from his youth, in the most important affaires of the Kingdome, he knoweth the necessity thereof, better then any other, and whence the occasions doe arise: so that he will be able to make a relation vnto them, conformable to the charge which is giuen him, and de∣mand in his name the remedies which are expected from their wisdome, and fatherly affection, as well for the tranquillity of the Kingdome, as for the generall good of all Christendome. Hee beseeched them to proceede herein with their wonted sincerity, that they may come to an holy refor∣mation, and that the ancient lustre of the Catholique Church may appeare, in the vnion of all Christendome in one religion; which will bee a worke worthy of them, desired by the whole world, recompenced by God, and commended by all Princes. In conclusion, for the particulars; hee referred himselfe to the Cardinall, praying them to beleeue him in whatsoeuer he•• should say vnto them on his part.

After this the Cardinall spake. In the begining, hee shewed the mise∣ries * 1.56 of the Kingdome, deplored the warres, the demolitions of Churches, occisions of religious persons, conculcation of the Sacrament, burning of the libraries, images and reliques of Saints, ouerthrowing of the monu∣ments of Kings, Princes, and Bishops, and expulsion of the true Pastours. And, passing to ciuill matters, hee shewed the contempt of the Kings Maie∣stie, vsurpation of his rents; violation of the lawes, and seditions raised a∣mongst the people. He attributed the cause of all this to the corruption of manners, to the ruine of Ecclesiasticall discipline, and negligence in repres∣sing heresie, and in vsing remedies instituted by God. Turning to the Ambass. of Princes, he told them that that which they doe now behold at leasure in France, they shall find at home, when it will be too late to repent, if France, tumbling downe with its owne weight, shall fall vpon places neere vnto it. He spake of the vertue and good disposition of the King, the counsels of the Queene, and King of Nauarre, and of the other Princes, but said, the princi∣pall

matter was expected from the Synode, whence the peace of God, which passeth all vnderstanding, ought to come. That the most Christian King be∣ing assured hereof, in regard of his obseruance towards that Synod, and of his sorrow for the differences of religion, did demand two things of them. The first, that they would auoyd new discords, new and vnprofitable questions and cause a suspension of Armes amongst all Princes and States, that scan∣dall may not bee giuen to the Protestants, and occasion to beleeue, that the Synode doth more labour to incite Princes to warre, and to make confede∣rations and leagues, then to keepe the vnity of peace. That King Henry hath first established it, and then Francis continued it, and that the present King, vnder age, and his mother, haue alwayes desired it; which how soeuer it hath vnhappily succeeded, yet they might feare that the accidents of the warre would bee more vnfortunate. For all the states of the Kingdome beeing in danger of shipwracke, one cannot helpe another. Hee therefore desireth that some account may bee held of those who are gone astray from the Church, pardoning them as much as may be done without offending God, and holding them for friends, as much as is possible, euen as farre as vnto the Altars. The second request, common to the King with the Emperour and other Kings and Princes, was, that a reformation of maners, and of Ecclesiasticall discipline, should bee handled seriously; wherein the King did admonish and coniure them by CHRIST our LORD, who will come to iudgement, that, if they meant to restore the authoritie of the Church, and retaine the Kingdome of France, they would not balance the incommodities of the French men with their owne. He said hee was glad, that Italy was all in peace, and that Spaine did gouerne the Helme; but that France was fallen, and scarce held it with one finger. Hee added, that, if they will demand, who hath caused this tempest and fortune, hee can say nothing but this, that this fortune is come by our owne meanes, cast vs into the Sea. Therefore that there was need of boldnesse, and courage, to looke vnto themselues, and the whole flocke. In the end, he said, hee had ended his Legation, and, that the Ambassadours would say the rest; but himselfe and the Prelates who came with him, did protest that, after God, they would bee subiect to the most blessed Pope Pius, acknowledging his Primacie on earth, aboue all Churches, whose commands they will neuer refuse; that they doe reuerence the Decrees of the Catholike Church, and of the generall Synod, that they did honour the Legates, offer concord and vnion to the Bishops, and were glad that the Ambassadours were witnesses of what they sayd, all for the honour of the diuine Maiestie.

Hauing made an end of speaking, the Cardinall of Mantua, in few words, commending him for the pains he had taken for the seruice of God, said, that * 1.57 all the Synode was glad of his comming, made honourable mention of his brothers, who in their profession shewed no lesse readinesse in the seruice of God and the kingdome, and referred himselfe to the answere which the Arch bishop of Zara, deputed hereunto, should make, in the name of the Councell. Who said that the Synod was sory to heare of the seditions and dif∣ferences of religion in France, whose quiet and tranquilitie was alwayes deare vnto them, and the more then, because by the narration of his Excellencie,

they were so liuely set before their eyes, but hoped that shortly the King, imi∣tating the vertue of his predecessors, would be able to represse them, that the Synode will labour, by all means, to make the true worship of God knowne, to reforme maners, and restore tranquillitie to the Church, which end they might more easily attaine, if they were assisted by his Excellencie, and the Prelates who came with him. Hee spake largely in commendation of the Cardinall, and concluded that the Synode thanked God for his comming, and gaue him ioy of it, and offered to giue care to whatsoeuer should be deli∣uered by the Ambassadors, in fit time and place, not doubting, but that it would bee for the glorie of God, benefit of the Church, and great dignitie of the Apostolique Sea.

Afterwards the Ambassador de Ferrieres spake. He began with the com∣mendation * 1.58 of the Kings disposition, inclined to Religion, which appeared more by the comming and discourse of the Cardinall; by whom it might be knowne, how great care France did take of the good of the Catholique Church, because euery on might see that most potent reasons had induced the King to send him, in regard he had euer imployed him in his counsell, in the greatest affaires of the Kingdome, that the King could appease all the se∣ditions in three dayes, and keepe all his Subiects in their naturall obedience, if he aimed onely at his owne good, and did not desire to maintaine the Ca∣tholique Church, and retaine the dignitie and authoritie of the Pope in France; for which hee exposeth to danger the Kingdome, his life, and the goods of all the Grandees and Nobles. And, descending to the requests, he added, that they would not be troublesome, nor obstinate in them, that they did demand nothing but that which all the Christian world demandeth that the most Christian King doth request that which Constantine the great reque∣sted of the Fathers in the Councell of Nice, that all his demaunds are contai∣ned in the holy Scripture, in the old Councels of the Catholique Church, and in the ancient Constitutions, Decrees, and Canons of the Popes and Fa∣thers; that the most Christian King doth demand the restitution of the Ca∣tholique Church to its integritie, by meanes of them the Fathers, constituted by CHRIST as the chiefe iudges, not by a Decree with a generall clause, but according to the forme of the expresse words of that perpetuall and diuine E∣dict, against which, neither vsurpation nor Prescription can take place, so that those good orders which the deuill hath taken away by force and concealed a long time, may bee restored, as it were, out of captiuitie to the holy city of God, and to the sight of men. He exemplified in Darius, who composed the tumults of Iudea, not by armes, but by executing the ancient Edict of Cyrus; in Iosias, who reformed Religion, by causing the booke of the Law to bee read and obserued, which had been concealed by the malice of men. Then hee spake acutely, and sayd, if they shall demand why France is not in peace, hee could answere nothing, but that which Iehu say to Ioram; How can there be peace, there remaining? and concealed the words following, but added, you know the text. Then he said, that if they doe not seriously labour in the reformation, the assistance of the King of Spaine, of the Pope and of other Princes, will be in vaine, and the blood of those who perish, though iustly, for their owne sinnes, will bee required at the hands of them the Fathers.

Hee concluded, that, before they would descend to the particulars which they meant to demand, they desired that the things which they had begun to handle, might bee dispatched quickly, that they might, as soone as was possible, apply themselues to other matters of more weight, and of greater necessity in that time. The biting liberty of this Ambassadour did no lesse displease, then that of his Colleague Pibrac, at their first comming to Trent; but the feare they had of the French-men made them forget all.

The next day the Congregations were continued, and the first was all spent by Friar Iaspar of Casal, Bishop of Liria: who, to informe the Cardinall of Loraine of all the reasons of the Spaniards, did recapitulate, with great elo∣quence, whatsoeuer they had said in this matter. He added besides, that no∣thing was more in fauour of the Lutherans, then to say that Bishops are insti∣tuted by the Law of man; that by this meanes, their nouitie is approued, in making Preachers, or Predicants, or Ministers to gouerne the Church, in stead of Bishops instituted by CHRIST. He said that to him that readeth the Epistles of Saint Gregorie, to Iohn of Constantinople, and to others against him, for calling himselfe Vniuersall Bishop, it doth plainely appeare, that it cannot be said, that the institution of the Pope is from Christ, if it be not said that the institution of Bishops is from him also.

The Cardinall of Loraine made a congregation of Prelats and French Di∣uines in his owne house, to vnderstand their opinion concerning the Iuris∣diction of Bishops; in which it was vniformely resolued amongst them, that they did receiue it from GOD, and that it did belong vnto them iure diuino. * 1.59 And this singularitie of congregation was vsed afterwards by the Cardinall in all occurrences to the great distast of the Papalins, who said hee helde a Councell apart, and feared that the Spaniards would imitate the example, which might in time make a manifest schisme, as it happeneth in the first Councell of Ephesus, by the Congregations which Egyptians and Syrians held apart. But the Papalins had, amongst the Spaniards Barthomeus Seba∣stianus Bishop of Patti, who a Spaniard by nation, because hee had a Bisho∣pricke in Sicilie, had great intelligence in Rome, and had discouered all the Spanish practises and counsels. Amongst the Frenchmen, about the time * 1.60 when the Cardinall of Loraine put himselfe in order for the iourney, the Nun∣cio in France did gaine Iacobus Hugonius, a Franciscan Friar, a Diuine of the Sorbone, elected by the Cardinall for his company; with whom hee had some cause of acquaintance because he was constituted Proctour for the Councel, by Iohannes 〈◊〉〈◊〉, Bishop of Triguier, where of he sent newes to Rome, and addressed him for correspondence in Trent, with his letters to Lactantius Ro∣uereda Bishop of Ascoli. But Simoneta was not willing to put such confidence in that Bishop, nor would suffer him to know the intelligence which was to be held with that Diuine. Therefore when Loraine was neere vnto Trent, hee caused the Bishop of Ventimiglia to send another Friar of S. Francis, called Pergola, to meete Hugonius, to tell him from him, that he was informed by the Nuncio of France, of a letter which hee brought to the Lord Bishop of As∣coli, who had written also vnto him that hee should speake with him before he did deliuer it. Pergola did this businesse cunningly, so that the Diuine pro∣mised to doe so, and accordingly went to Ventimiglia a few dayes after hee

came to Trent; and after that they knew one another, and the tokens that they were to treat together; the Friar made him a relation of the state of all things, and said, that one ruine of the kingdome did especially proceede from the Queene, who fauoured the heretiques, as himselfe saw plainely, in the dis∣purations which hee often had with them in her presence. Concerning the Ambassadours in Trent, he sayd they were corrupted also. The Cardinall hee held to be a good Catholique, but inclined to impertinent reformations of Ecclesiasticall Rites, of the vse of the Cup, of taking away images, of bring∣ing in the vulgar tongue, and such other things, whereunto hee was per∣swaded by the Duke of Guise his brother, and others of his kinred, and that the Queene at his departure, had effectually perswaded him to it, and giuen him twenty thousand crownes. Hee said, that amongst the Bishops there were three of the same faction; but, aboue all, that the Bishop of Ʋalence helde intelligence with the Queene, and was sent expresly by her, as the prime man to whom the Cardinall was to beare respect. In the end, they set downe an order how to meete, and treate together, Ventimiglia gaue him fifty crownes in gold, as the Legates had appointed, which at the first hee refused to accept; but Ventimiglia perswaded him with good termes to bee content. Notwithstanding himselfe did not take them, but called his seruant, who was with him, and gaue him order to keepe them in the name of his Religion.

I haue often rehearsed, and continue still, many particulars, which I am sure many will thinke not worthy of mention, as I haue thought my selfe; but finding them preserued and noted in the memorials of those who were present in the actions, I perswade my selfe, that for some respect, vnknowen to me, they haue deemed them worthy of commemoration, and therefore, according to their iudgement rather then mine owne, I haue thought fit to relate them. Perhaps some sharpe witte may discouer in them some thing which is not penetrated by mee, and those who doe not esteeme them will lose but a little labour in reading them.

The sixe and twentieth of Nouember, destinated for the Session, Cardinall Seripando proposed in Congregation, that it might be deferred, in regard the Decrees which they were to publish were not established. And he admoni∣shed the Prelates of their long discourses, by meanes whereof they could not determine any certaine day for the Session, which therefore was necessarily to bee deferred during pleasure. Hee tolde them that many of them spake of abuses, not remembring that to spend so much time, in vaine disputati∣ons without any fruit, was the greatest abuse of all, which was necessarily to be taken away, if they desired to see the end of the Councell, with edifica∣tion. Loraine confirmed the same, and exhorted the Fathers to leaue those questions, which were nothing to the purpose in that time, and to bee briefe and diligent in dispatching the things already proposed, that they may come to things of more importance and necessitie. Many of the Prelates did not consent that the Session should bee deferred during pleasure, and required a determinate time. To whom it being replied, that it was not possible, be∣cause they knew not when they should end the matter now in hand, which was so much controuersed amongst them, it was concluded that the deter∣minate

time should bee set downe within eight dayes.

The same day the Senator Molines arriued, sent by the Marquis of Peseara, to renew and giue strength to the perswasions, vsed to the Spanish Prelates, in fauour of the Pope, which hauing beene made by the Secretary resident, had done no good. Hee brought new letters of credence to them all from the Marquis, and laboured with great diligence▪ Which wrought a con∣trary effect. For the Prelates did interprete it to bee a practise of the Car∣dinall of Arragon, brother of the Marquis, without any expresse commission from the King. It appearing now, that the further they proceeded about this point of the institution, the more difficultie did arise, the Ambassadours of France vsed meanes, that a temper might befound, that they might rid them∣selues of those superfluities and come to the businesse of the Reformation, that they might know what they might hope for from the Councell. And the Bishop of Nismes told them, when he gaue his voyce, that if the Fathers were delighted to decide a curiositie, which in conclusion will bee nothing but words, yet they ought not to entertaine others with it, but deferring it vntill another time, to handle that now which is more necessary. Diego Co∣uarruuias, Bishop of Citta di Rodrigo, who spake after him, excusing the Fa∣thers for spending time in that question, sayd, that, it hauing been proposed by the Lords the Legates, the Prelates could not choose but deliuer their o∣pinions. Wherewith Cardinall Simoneta beeing mooued, did denie that the proposition was made by them; and Seripando did second him more fierce∣ly, and sayd, that themselues assuming too much licence, did not thinke it sufficient to discourse of the superioritie of Bishops which was proposed, but had set on foote also the other of the institution, and added Ius diuinum vnto them both; and not contented with the patience vsed in suffering them to say what they will, they began also to lay the blame vpon the Legats. He sharply reprehended their too much liberty in entring into these questions, and their boldnesse in treating of the Popes power, vainly and superfluously repeating the same things, more then tenne times, some also vsing friuolous reasons, and foolish, vnworthy of that assembly. And, in the progresse of his speach, perceiuing he had been too bitter, he began to set them downe a forme how euery Prelate should giue his voyce in Councell. Speaking of the questions proposed, hee shewed that both the opposite opinions were probable, and that in case that de iure Diuino had more probabilitie, yet it was not a thing to be decided in Councell. Hee could not by this meanes pacifie the mindes of many that were moued; neither did he absolutely please the Cardinall of Lo∣raine, who made all possible demonstration to gaine a good opinion. For he made meanes to know the men, and to informe himselfe what was possi∣ble to be done, that he might not vndertake the businesse before he knew it would succeed; and he affected also to be the man who should compose the differences, and be iudge of the question. For dispatch of the matter, a pro∣position was made to depute some Prelates of euery nation, as it were to compromise the resolution by them. But it could not bee done, because the French and Spaniards desired an euen number of euery nation, and the Itali∣ans, as they were more in number then the others, so they would haue a greater number in this deputation. Simoneta was the first to oppose this

proposition, for feare of reuiuing the custome of the Councell of Basill.

At this time a new matter of contention was prepared. For the Count of Luna gaue the Legates to vnderstand, that hee was to come to Trent Am∣bassadour of the King of Spaine, and not of the Emperour, but would first knowe what place would bee allowed him. The Legates called the French Ambassadours, and told them of it, desiring them to finde some meanes to compose the difference for precedence. They answered that they were not * 1.61 sent to compose differences, but to hold the place due, and alwayes graunted to their King; that they meant not to preiudice the King of Spaine in any thing belonging to him, but to doe him all honour and seruice, as beeing a cousin, and a friend to their King, and that they had charge, if their place was not giuen vnto them, to make protestation of the nullity of the actes of the Councel, and to depart with all the French Prelates. The Cardinal of Mantua proposed this course, to make the Spanish Ambassadour set apart from the others ouer against the Legates, or vnder the Ecclesiasticall Ambassadours, or vnder the Secular Ambassadours. But the Frenchmen were contented with none of these courses, saying that by all meanes he should haue his place after them, and no where else.

In the Congregation of the first of December Melchior Auosmediano, Bi¦shop * 1.62 of Guadice, speaking of that part of the last Canon, where it was deter∣mined that Bishops, called by the Pope, are true and lawfull, said, that the manner of expressing it did not please him, because there were also Bishops not called by the Pope, nor confirmed by him, who notwithstanding were true and lawfull. For example he brought foure suffragans, elected and or∣dained by the Arch-biship of Salzburg, who take no confirmation from the Pope. Cardinall Simoneta did not suffer him to proceed, saying, that what∣soeuer the Bishop of Slazburg, or other Primats did, was all by the Popes au∣thority. Friar Thomas Castello, Bishop of Caua, and the Patriarch of Venice stood vp both at once, and said that he ought to be put out of the Councell, as a Schismatike. And Egidius Falceta, Bishop of Caurle, cryed aloud, Out with the Schismatike. And there followed a great noyse amongst the Pre∣lats, as well of whispering, as of feete, partly in offence of the Prelate that gaue his voyce, and partly in defence: which gaue but small satisfaction to the Prelates beyond the mountaines. The Cardinall of Loraine was diplea∣sed, * 1.63 but made no demonstration of it; and the Legats did hardly appease the stirre, by making others proceed who were to speake in that Congregation; which being ended, the Cardinall of Loraine said, in presence of many of the Popish Prelates, that the insolencie had beene great, that the Bishop of Gua∣dice had not spoken ill, and that, if hee had beene a Frenchman, hee would haue appealed to another Councell more free, and that in case prouision were not made that all might speake freely, the Frenchmen would returne, to make a Nationall Councell in France. And indeede it was found that the Bi∣shop had not spoken ill, and the Canon was corrected; for whereas it sayd, The Bishops called by the Pope of Rome, it was altered thus, The Bishops as∣sumed by authority of the Pope of Rome.

The next day, in which they were to determine the iust time for the Session, the Cardinall of Mantua proposed, that it might bee prorogued vntill

the seuenteenth; and if, in the meane while, the Decrees of reformation, be∣loging to the matter which was handled, could not be put in order, it should be deferred vntill the next Session. The Cardinall of Loraine consented for that day, but with condition, that the whole matter might be handled, and nothing deferred vntill the next Session, in which it was necessary to beginne the generall reformation. The Arch bishop of Prague, Fiue Churches, and the Orator of Polonia, agreed in the same opinion. and, after much conten∣tion, betweene those, who (as the Bishop of Nismes had said) would haue those questions deferred vntill another time, and others, who would haue them decided, it was resolued to appoint the Session for the day aforesayd, with order, that, to dispatch all the matter, they should hold two Congrega∣tions euery day, and if they would not decide all, yet they should publish those Decrees which could bee made by that time, deferring the vndecided points vntill another, handling the reformation in the next Session, before they entred into matter of doctrine. Mantua did also reprehend the noyse made with feete, and wordes, the day before, concluding that, if hereafter they would not speake with that respect and reuerence which might be∣seeme their owne dignitie, the presence of them the Legates, who represent his Holinesse, and of the Cardinals and Ambassadours, who represent the Princes, they would goe out of the Congregation, that they might not en∣dure so great disorders. The Cardinall of Loraine commended the admo∣nition, and sayd, that as the Legates ought not to goe out of the Congrega∣tion for any occasion whatsoeuer, so it was most iust that the perturbers of it should be punished. The Bishop of Caua would neither excuse himselfe for that which hee had said, nor receiue the admonition with silence, though it was in generall, but said, that the causes ought to bee remooued that the effects might cease; that if the words of the Bishop of Guadice had offended his owne person, he would haue endured it, for Christian charitie, which as it requireth patience in wrongs committed against ones selfe, so it maketh men sensible of the iniuries done vnto CHRIST, whose diuine Maiestie is offended, when the authoritie of his Vicar is touched, that hee had spoken well, yea, as well as might be, and confirmed the same with other words of the same sence, which were generally condemned of petulancie.

Iacobus Gilbertus, of Nogueras, Bishop of Aliffe, in deliuering his voyce, * 1.64 said, that, concerning the institution of Bishops, one could not speake with better ground, then considering well and vnderstanding the words of Saint Paul to the Ephesians. For as it is most true that CHRIST did rule the Church with an absolute gouernment, while hee liued in mortall flesh, as others had iudiciously said, so it was a great vntruth which was added, that is, that, being in heauen, he hath abandoned the same gouernment, yea, hee doeth exercise it rather more then before. And this is it which he spake to his Apostles, at his departure; I am with you vntill the end of the world; adding also the assi∣stance of the holy Ghost; so that now also not onely the inward influence of graces commeth from CHRIST, as from the Head, but an externall assistance also, though inuisible to vs, which doeth minister occasions of saluation to the faithfull and driueth away the temptations of the world. Notwithstan∣ding, besides all these things, hee hath instituted also some members of the

Church for Apostles, Pastours, &c. to defend the faithfull from errours, and to direct them to the vnitie of faith, and knowledge of GOD. And vpon these he hath best owed a gift, necessary for the exercising of this holy office, which is the power of iurisdiction, which is not equall in all, but so much as euery one hath, is giuen him immediatly by CHRIST. Nothing is ••ord contrary to Saint Paul, then to say, that it was giuen to one onely, to impart it to whom he listed. It is true that it is not equall in all, but according to the diuine distribution, which, as Saint Cyprian saith, that the vnitie of the Church might bee preserued, did ordaine, that the supreame should be in Pe∣ter and his successors; not that it should bee absolute, and, according to the Prouerbe, that the will may bee a law, but, as Saint Paul saith, for edification of the Church onely, not for destruction so that it cannot bee extended to abrogate lawes, and Canons, made by the Church, for a foundation of gouernement. And heere hee began to alleadge the Canons cited by Gra∣tian, in which the ancient Popes doe confesse themselues to be subiect to the Decrees of the Fathers, and to the constitutions of their predecessors.

The Cardinall Varminese interrupted him, and sayd, that the subiect to speake on was the superioritie of Bishops; so that this discourse was beside the matter. The Bishop answered, that the authority of Bishops being handled, it was necessary to speake of that of the Pope. And Granata stood vp, and said, that others had spoken of it superfluously, not to say perniciously, mea∣ning Laynez, and therefore that Aliffe might speake of it likewise. The Bi∣shop of Caua stood vp, and sayd, that others had spoken of it, but not in that manner; and whisperings beginning to arise amongst the Prelates, Simo∣neta made a signe to Caua to hold his peace, and admonishing Aliffe to speake to the point, he quieted the noyse. But he continuing to alleadge the Ca∣nons, as hee had begun, Varmiense interrupted him againe, not speaking vn∣to him but making a formall discourse to the Fathers, concerning that mat∣ter. He said the heretikes pretend to proue, that Bishops, elected by the Pope, are not true and lawfull, and that this is the opinion which ought to be con∣demned, but whether true Bishops are instituted iure Diuino, or not, there is no difference betweene the heretikes and the Catholikes, and therefore the que∣stion doth not belong to the Synod, which is congregated only to condemne the heresies. He aduised the Fathers to abstaine from speaking things which might giue occasion of scaudall, and exhort them to leaue these questions. Aliffe desired to replie; but Simoneta with the assistance of some other Pre∣lates, did pacifie him, though with some difficulty. And after him spake Au∣tonius Maria Saluia••••, Bishop of Saint Papulo; who sayd, that all were as∣sembled for the seruice of GOD, and proceeded with a good intention, though some one way, and some another. And, hauing sayd many things which serued partly to accord the opinions, but principally to reconcile their mindes, was a cause that the Congregation did quietly ende; and that words of humanitie and reuerence did passe betweene the Cardinall and the Bishop.

The fourth of December, the Cardinall of Loraine deliuered his opinion * 1.65 concerning the same matter, and spake at large, saying, that iurisdiction was giuen by God immediatly to the Church. Hee alleadged the place of Saint

Austin, that the keyes are giuen to Peter, not vnto one person, but vnto the vnitie, and, that Peter, when CHRIST promised him the keyes, did repre∣sent all the Church, who if hee had not been a Sacrament; that is, represen∣ting the Church, CHRIST would not haue giuen them vnto him. And hee shewed a great memory in reciling the places word by word. Then he said, that that part of iurisdiction which is ioyned with Episcopall order, the Bishops doe receiue immediatly from God; and declaring in what it doeth consist, amongst other things, hee specified, that power of excommunicati∣on is contained in it, inlarging himselfe much in the exposition of that place of Saint Matthew, in which CHRIST doeth prescribe the manner of bro∣therly correction, and iudiciall of the Church, with authority to separate the disobedient from the body thereof. Then hee disputed against that opini∣on, alleadging diuers reasons taken out of the wordes of CHRIST, spoken to Saint Peter, and from the exposition which S. Leo the Pope doeth giue vnto them in many places. Hee exemplified in many Bishops who had acknow∣ledged all their iurisdiction to come from the Apostolike Sea, and spake with so much eloquence, and in such sort, that it could not clearely bee discoue∣red, what his opinion was. Afterwards hee sayd, that Councels had autho∣ritie immediately from God; alleadging the words of CHRIST, Where two or three shall be assembled in my name, I will be in the middest of them, and the Councell of the Apostles, which ascribeth the resolution to the holy Ghost; and the stile of all Councels, in saying they are congregated in the ho∣ly Ghost and, in particular of that of Constance, which sayth plainely, that it hath authority immediatly from CHRIST. But hee added, that speaking of Councels, his meaning was that the head should bee ioyned with it, and that nothing was of more seruice for the vnion of the Church, then to con∣firme well the Popes authoritie; that himselfe would neuer consent to deter∣mine any thing in diminution thereof, and that all the Prelates and Clergie of France were of the same opinion. And returning to the institution of Bishops, and speaking still with the same ambiguitie, hee concluded in the ende, that the question was boundlesse. Afterwards exhorted the Fathers to leaue it, and himselfe gaue a forme to the Canon, in which the wordes, iure diuino, were omitted; and, instead of them, it was sayd, Instituted by CHRIST.

The French Prelates, who spake then after Loraine, and the dayes follow∣ing, vsed not the same ambiguity, nor the same respect towards the Aposto∣like Sea, but maintained openly, that the authoritie of Bishops was, de iure di∣uino, alleadging the reasons, deliuered by the Cardinall, and expounding them; who howsoeuer, while they spake, leaned his head vpon his hand, as if hee had been displeased, yet they noted him for ambition, as if he had pur∣posely procured a Comment to bee made vpon his opinion. But the Spani∣ards were not satisfied with the French men; though they did openly defend their opinion, as well because the Cardinall had spoken ambiguously, as for that hee and the other Prelates did not hold the institution and superiorritie of Bishops de iure diuino to be necessary to be determined in Councell, but ra∣ther that it ought to be omitted. And they were more displeased with the forme of the Canon, proposed by the Cardinall, in which the words de iure

diuino, were left out, howsoeuer, more for their satisfaction, then for a∣ny other respect, these words were put in, That they are instituted by CHRIST.

The Frenchmen and Spaniards had the same end, to prouide against the ambition and auarice of the Court, which did domineere at their pleasure, with precepts, vnprofitable, and of no fruit, and drew a great quantitie of money from Christian nations, by collation of Benefices, and dispensations. But the Spaniards iudged, in regard of the deuotion which the people of their Countrey beare to the Pope, and of the inclination of the King, and of his counsell, abhorring nouities, if this had been done directly, and openly, it would haue raised a scandall, and could not haue been effected, and that the Pope would easily haue interposed so many difficulties with the Princes, that they should neuer haue been able to come to the declaration thereof; but that according to the custome of that nation, they ought to take their aime afarre off, and, by declaring that iurisdiction and residence are from CHRIST, and de inre diuino, to put that order in reputation with the peo∣ple, to withstand the violent courses which the Court of Rome might take against their persons, that so in progresse of time, they meght haue meanes to reforme the Churches, for the seruice of GOD, and tranquillity of the people, restoring the libertie vsurped by the Romans.

But the Frenchmen, who by nature doe proceede openly, and with pas∣sion, esteeme these artes vaine. They said, there would not want meanes at Rome to make them vnprofitable, and that they required so much time be∣fore they could be brought to effect, that no good hope could bee concei∣ued of them; that the true meanes was, without art, directly and plainely to rush downe the abuses, which are too cleare and manifest, and that there was no greater difficultie to obtaine this which was the principall end, then there was to obtaine the pretence, which, beeing obtained, would bee as much as nothing. And their councels were no lesse different in another par∣ticular also. They all agreed; in iudging it necessary that the execution of the Decrees of the Councel should bee so firme and stable, that it might not bee altered. But there was some difference betweene the Frenchmen and Spaniards, about the manner how to order that the Decrees of that Councel might neither bee derogated from, nor altered by the Pope, by dispensations; non obstanties, and such other clauses of Rome. And therefore the Frenchmen disseigned that the superiority of the Councell aboue the Pope should bee decided, or a constitution made, that the Decrees thereof could nither bee derogated from, nor dispensed with, which would bee an absolute remedie. The Spaniards thought it a hard point, and therefore not to bee attempted, because the Pope would alwayes bee fauoured by Princes, when hee should complaine that his authoritiy was diminished, and would bee assisted by the greater part of the Italian Prelats, in regard of the dignity of their Countrey, and for many priuate interests. And, for themselues, they thought it suffici∣ent that the Councell should make the Decrees, purposing afterward to ob∣taine a pragmatique from the King vpon them, by which meanes they would so bee established, that the Popes dispensations to the contrary could not en∣ter into Spaine.

The Legates dispatched an expresse Currier, with a copie of the propo∣sition of the Cardinall of Loraine, and of the animaduersion of some Cano∣nists made vpon it; shewing that the Papall authority was in question, de∣manding that order should bee sent them what to doe. Whereof the Cardi∣nall, when he knew it, was very sensible, and complained that hauing gi∣uen the copie before hee spake in the Congregation, and the Legates seem∣ing to bee pleased, they had afterwards shewed so much distrust of him. He * 1.66 said hee thought it strange, that feare was apprehended by euery thing that either himselfe, or any of the French Prelates said, or did. Hee complai∣ned that his Nation was wronged by the Italians, affirming, that, with his * 1.67 owne eares, hee had hard some Italian Prelates scornefully vse that scurrile prouerbe, which was already made common throughout all Trent, that is; That from the Spanish scabbe, we are fallen into the French poxe: of which the o∣ther Frenchmen did complaine vpon euery occasion, and the Spaniards al∣so. Whose complaints, as the custome is did more incite the curious; and * 1.68 the suspicions and diffidences btweene the Nations did, with very great danger, encrease: neither were the Legates and wiser sort of Prelates able to stop the motion, though they opposed both with authoritie and with per∣swasions.

The, Frenchmen, being prouoked, did resolue to make proofe of their libertie, and agreed that, in the Congregation of the seuenth day, the Cardi∣nall of Loraine should not bee present, and that their Prelates who were to speake should vse freedome, and that, if they were reprehended, their Am∣bassadours should protest; and Lansac, that they might knowe it and be∣ware, in presence of many of them, said to Antonius Lecius, Bishop of Orange, one of the speakers, that hee ought to speake freely, and without feare, and that the Kings protection was sufficient to maintaine him. This beeing reported to the Legates, was a cause that they were heard with much patience, though they said that the institution and iurisdiction of Bishops * 1.69 was de iure diuino, as well as that of the Pope, and that there was no diffe∣rence, but in degree of superioritie, and that the Popes authority is confi∣ned within the limits of the Canons, relating, and commending the stile of the Parliaments of France; that, when any Popes Bull is presented which con∣taineth any thing contrary to the Canons receiued in France, they pro∣nounce it to bee abusiue, and forbid the execution. This libertie made the Papalins vse more respect in their speaches, though the prouerbe plea∣sed them so well, that sometimes some of the merrie Prelates could not for∣beare to vse it.

The pretence for the absence of the Cardinall of Loraine, was the aduice of the death of the King of Nauarre, which came to Trent that day. This * 1.70 Prince, wounded with a bullet at the siege of Roan, in September, was neuer well cured, and at the last, died. Neere vnto his death, hee receiued the Communion after the Catholique manner, at the perswasion of his Physiti∣an Visentius Laurus, and afterwards wauered towards the doctrine of the Protestants, and so died the tenth of Nouember. This accident made a great mutation in the Councell; and Loraine did suddenly change all his des∣seignes. For that King had a principall hand in the Commissions giuen to

the Cardinall at his departure, so that hee was vncertaine whether, after his death, the Queene, and others, would continue in the same heat. Besides, he saw a manifest change in the whole gouernement, and therefore desired to bee in France, that himselfe might beare part of it also. For the Prince of Conde beeing in open dissention, distrusting the Queene and those who had power with her, the Cardinall of Bourbon vncapable, Montpensier in small credit, the Constable old, of whom many also were emulous, hee had a great conceit that his brother might bee the Chiefe for Armes, and himselfe for counsell. And hee ruminated these things in his minde, thinking but little of the Councell, and of Trent, where hee was. The other French∣men sayd openly, they ought to thanke God for the death of the King, because he be∣gan to wauer, and to ioyne his owne interests with those of his brother, and of the other Hugonots.

The next day, being the eighth of December, was all spent in ceremonies, for the election of Maximilian King of the Romanes. The Arch bishop of Prague sang the Masse of the holy Ghost, with the assistance of the whole Councell: the Bishop of Tininia made a sermon, in commendation of the Prince, and the Cardinals and Ambassadours were inuited by Prague.

So soone as the Diet was assembled in Francfort, the Prince of Conde sent, not onely to demaund assistance from the Protestant Princes, but also to treat an vnion of the Hugonots, with those of the Confession of Ausburg; and in particular, to make a ioynt demand for a free new Councel, in which the resolutions of Trent might bee examined, the French-men of the old Catho∣like Religion giuing hope also that they would agree vnto it, because it had been promised to the Ambassadour of France, (who afterwards was created Cardinall della Bordissiera) that it should be done. But the Dutch Protestants were most auerse from the Councell, so long as Germany might bee in peace without it. And therefore a booke was printed in Francfort, full of ex∣cuses, and reasons, why they neither would, nor could come to Trent, with protestation of the nullitie of all that was, and would be done in that place.

The King was first anointed, and crowned King of Bohemia, in Prague, * 1.71 in presence of his father, the Emperour, by that Arch-bishop who went from Trent into Bohemia, to performe that ceremonie, that the King might haue a voyce in the Imperiall Diet. Beeing come to Francfort, they were forced to expect vntill the Canons of Colon had elected their Arch-bishop, because that Sea was then void; so that the Princes had much time to handle many matters, expecting still in that place, that the number of seuen might bee full, by the Coronation in Bohemia, and the election in Colen. They were trou∣bled in Rome with these thimgs, and afraid, that the Diet would send to Trent, to protest, and that some new forme would bee vsed in the corona∣tion, and the old abolished, which would shew an inclination to depart from the ancient Rites; or that some promise would bee made, by the new King, preiudiciall to the Popes authoritie. But the Emperour, and the King vsed much arte to diuert the handling of points of Religion before the Ele∣ction, which was made the 24 of Nouember, and the coronation the last * 1.72 of that moneth. In which the Electors, and other Protestant Princes stood

at the Masse vntill the Gospell was read, and then they went foorth. This onely was new. But the Popes Nuncio tooke place aboue the Electours and Ambassadours. The coronation being past, the Emperour beganne to pra∣ctise with some of the Protestants, that they would adhere to the Councell of Trent; who, not to bee preuented, assembling themselues together, pre∣sented to the Emperour the answere, promised 20. moneths before to his Ambassadours, in the assembly at Namburg, which was deferred vntill then. * 1.73 In which hauing declared the causes why they had, inmany Imperiall Diets, appealed and did appeale againe vnto a free Councell, they added the condi∣tions, which they held to bee necessary, with which they offeredto assist in a future generall Councel. 1. That it should bee celebrated in Germanie. 2. That it should not bee intimated by the Pope. 3. That hee should not preside, but bee part of the Councel, subiect to the determinations thereof. 4. That the Bishops and other Prelates should bee freed from their oath gi∣uen to the Pope, that they may freely, and without impediment, deliuer their opinions. 5. That the holy Scripture might bee iudge in the Coun∣cel, and all humaine authority excluded. 6. That the Diuines of the States of the Augustan Confession, sent to the Councel, might not onely haue a con∣sulting, but deciding voice also, and might haue a Safe-conduct, both for their persones, and for the exercise of their religion. 7. That the decisions in Councel, should not be made, as in Secular matters, by pluralitie of voices, but the more sound opinions preferred, that is, those which were regulated by the word of God. 8. That the acts of the Councel of Trent should bee made void, because it is partiall, celebrated by one part onely, and not go∣uerned according to promise. 9. That if a concord in religion cannot be concluded in the Councel, the conditions of Passau may remaine inuiolable, as also the peace of religion, made in Ausburg, in the yeere 1555. may con∣tinue in strength and force, and euery one bound toobserue it. 10. That, concerning the foresaid conditions, a fit and sufficient caution be giuen. The Emperour, hauing receiued the writing, promised to labour for concord, and to vse meanes that the Councell may be celebrated, where they cannot refuse, with reason, to assist, so that on their part they would lay aside hatred and passion, which are contrary to Christian peace. And, to this end, hee offered to goe in person to Trent, and resolued to passe to Ispruc, so soone as the Diet was ended, where beeing distant from Trent but foure small dayes iourney, he might in a short time effect whatsoeuer was necessary.

But in Councell the Prelats hauing made an end of giuing voyces concer∣ning the Institution, so much discussed: no resolution was made, because the Legates did expect it from Rome: But they gaue foorth the Canon of Resi∣dence, hauing first imparted it to the Cardinall of Loraine, which was, as was sayd before, without the declaration whether it was de iure diuino, or no, but with rewards and penalties. And Loraine, giuing his voyce first, said it was necessary to grant power to the Bishops to absolue from cases reserued In caena Domini: which he protested hee spake, not to diminish the authoritie of his Holinesse, but because, hauing seene in France that no transgressour there∣of did care to goe or send to Rome for absolution, he thought it worse, both for the soules of the people, and for the dignitie of the Apostolique Sea, to

leaue them in those censures. Hee added also that hee thought it not fit so to tye Bishops to residence, that they might not bee absent for iust causes, which were to be referred to the iudgment of his Holynesse. Hee said moreouer, that the publike emploiments in the affaires of Kingdomes, and republikes, were to bee accepted, because they seeme not to be aliene from the Episcopal charge, especially in Kingdomes, where the Ecclesiasticall order is a mem∣ber of the State, as in France, and the Kingdomes, of Spaine also. The Cardi∣nall was very prolixe; and howsoeuer he repeted often that Residence was necessary, and that it was fit to make prouision for it, yet hee interposed so many exceptions, and excuses, that, in the end, no man could iudge whether he would haue any constitution to be made for it or no.

The Legates imparted the Articles of reformation for the future Session to the Ambassadors also, according to promise, before they were proposed in Congregation; which were all for remedies of the abuses in the Sacrament of Order. And therefore the French Ambassadours and Bishops met in the house of Loraine, to consider of them, and deputed foure Bishops to examine whether any thing was contained in them preiudiciall to the priuiledges of the French Church, or whether any thing might bee added for the seruice of their Countrey, and withall they gaue order to the Ambassadour de Ferrieres, to collect, in Congregation of the same Bishops, all the reformations, for∣merly proposed in Trent, vnder Paulus, and Iulius, and in the present Coun∣cell also, and in the Congregation of Poisi, to make an abstract of them, and, adding vnto them those which were contained in the Kings instructions, and whatsoeuer seemed good vnto them besides, should compose Articles for all Christendome, and France especially.

But the Imperialists, seeing that none of the Reformations mentioned by them were proposed, called together all the Ambassadors. Prague spake vn∣to them, and told them, that much time was consumed in Councell with doing of nothing; that the Legates had often promised to handle Reforma∣tion, and yet they were entertained with speculations, or with prouisions a¦gainst small abuses; that it was time to make an effectuall instance that they would begin to handle important and vrgent matters, and that if all would ioyne in requesting the execution of so many promises, made by the Pope and the Legates, there might be hope to obtaine. All consented; but when they came to particulars, they were so different, that they could not agree but in the generall, onely to demand a Reformation. Whereupon it was re∣solued, that Prague, in deliuering his voyce, should desire it, in the name of all; and so he did.

And, in the matter of residence, he said in few words, that the entertain∣ments being taken from the Prelates, which they enioy in the Courts of Rome and other Princes, any Decree would suffice. The opinion of the Arch-Bishop of Otranto was, that the Decree of the said Councell vnder Paul the third was sufficient, adding onely the Popes Bull, dated the fourth of Sept. 1560. Others demanded that the causes of absence, which the Synode deemeth to be lawfull, should be expressed, because the greatest difficultie is like to arise vpon this point. The Bull, named by Otranto, did containe a command of personall residence, vnder the penalties, declared by the Coun∣cell,

and foure graces to those which reside. That is, that they may not be cited to the Court, but with Commission signed by the Pope. That they shall be free from all impositions, ordinary and extraordinary, though imposed at the petition of Princes. That they may exercise iurisdiction against euery Secular Clerke, or Regular, dwelling out of his Cloyster. That no appeale may lye from their sentences, but onely from the definitiue. Others were con∣tent with the Decree; as it was porposed by the Legates, but with some alte∣ration, all fit for their owne respects, which were as many as there were per∣sons. Some required that the declaration de iure diuino, might be made. And there was a fourth opinion, that although it be de iure diuino, yet it was not fit to make declaration thereof.

The Cardinall of Loraine assembled the French Prelates to dispute vpon this poynt; who concluded vniformely, that it was de iure diuino. The Bishop of Angiu, was the first that gaue his opinion so, and all the rest did follow him. But in the generall Congregation of the Synode, the Prelates were vn∣speakeably tedious; whereof the Cardinall of Loraine complained to the Le∣gates, desiring to haue those matters dispatched, that they might come to the reformation, repeating the words so often vsed, that if satisfaction be not gi∣uen them in Trent they will take it at home.

Frier Albertus Duimius Bishop of Veglia, alledging that the point of Resi∣dence * 1.74 was discussed in the Councell vnder Paul the third, and the decision deferred vntill another time, said, that therefore it was necessary to see the reasons then alledged by the Prelates; that now they had giuen their voyces without alledging reasons, which himselfe would not doe, esteeming rea∣sons more then authoritie and multitude of opinions. And then he began to recite all the reasons for proofe that it is de iure diuino, and to resolue the contrary. He insisteth much vpon the saying of CHRIST, A good shepheard go∣eth before the flocke, calleth euery sheepe by name, runneth through the desert to seeke that which is lost, and layeth downe his life for them. He sheweth that this was vn∣derstood of all those whom CHRIST hath instituted Pastors; which are all those who haue cure of soules, especially the Bishops, as Saint Paul, said and wrote to the Ephesians; that whosoeuer did hold himselfe not to be bound by the Decree of CHRIST to performe these offices, or was more fit for the affaires of Kingdomes, or Common-wealths, ought to leaue the charge of a Pastor, and apply himselfe to those matters onely; that it is very much to performe one charge well, but to performe two, which be contrary, is im∣possible. His prolixitie did not please the Cardinals, because he was the first that disputed that matter with reason. Hee spake with great vehemencie, v∣sing many phrases and words, taken out of Saint Hierome. Simoneta would willingly haue interrupted him, but forbare, in regard of the occurrence of the Bishop of Guadice. But hee called him, in the presence of many Prelats, and reprehended him sharpely for speaking against the Pope. The Bishop defended himselfe humbly, and with reasons: and a few dayes after, alleadg∣ing indisposition, asked leaue to depart, and had it, and departed the one * 1.75 and twentieth of the moneth.

After this time the controuersie about residence changed state, and those * 1.76 who did abhorre it, did labour no more to demonstrate by reasons or autho∣ritie,

as vntill then they had done, that it was of the law of man, but began to terrifie those of the contrary opinion, by saying, that to maintaine that it was de iure diuino, was to diminish the Popes authority; because it would follow that hee could not enlarge or diminish, diuide or vnite, change or transferre Episcopall Seas, nor leaue them vacant, or gaue them an administration, or commenda; that hee could not restraine, much lesse take away the authoritie to absolue; that, by this determination, all dispensations granted by Popes, were condemned at once, and power taken away to grant them hereafter. The other part, who saw the necessitie of those consequences, which they thought were not vnfit, but that it was the trueth, and the lawfull vse of the ancient Church, and that the declaration was proposed for no other ende then to remooue those inconueniences, themselues also omitting to vse rea∣sons and authority, to prooue it to bee de iure diuino, began to shew, that resi∣dence beeing restored by that declaration, it would turne to the inlargement of the Popes power, and encrease the reuerence towards the Clergie, and especially towards the Pope, who hath lost authority in so many Prouinces, because Bishops, not residing, but gouerning by vnable Vicars, haue left a way open for the sowing of new doctrines, which, with so much detriment of the Popes authoritie, haue taken roote. If Bishops doe reside, his authori∣tie will be preached euery where, and confirmed where it is acknowledged as yet, and restored where it hath been shaken. Neither of the parties could speake with such termes, but that their dissimulation was perceiued on both sides, and their inward thoughts, which they would haue concealed, were but too manifest. They were all masked, and yet all knowen. Being assem∣bled againe the sixteenth of December, one halfe of the Prelates hauing not as yet giuen their voyces, Cardinall Seripando proposed the prorogation of the Session; and beeing not able then to foresee when they could dispatch, they resolued to prefixe a certaine time, within fifteene dayes. And the Car∣dinal admonished the Prelats of their great prolixitie, in giuing their voyces, which did ayme only at ostentation, tooke away the reputation of the Coun∣cell, and did prolong it, to the great in commoditie of them all.

The Pope was much afflicted with the death of Fredericke Boromeo his ne∣phew, which happened in the end of the last moneth; vpon whom thinking to conferre all the greatnesse of his house, hee had married him to a daugh∣ter of the Duke of Vrbin, made him generall gouernour of the Church, and purposed also to giue him the Dukedome of Camerino, and because hee was old, and oppressed with griefe, hee fell into a dangerous sicknesse; out of which beeing recouered, hee applyed his minde to the affaires of the Coun∣cell. Hee held diuers Congregations, to finde a temper concerning the two Canons, of the Institution, and of Residence, which were thought by all the Court to bee very dangerous for the Popes authoritie; as also to make some prouision against the prolixitie of the Prelats, in deliuering their opinions, be∣cause it did prolong the Councell, and left a gate open for all those to enter, who would attempt any thing against his dignitie. Aboue all, that which was desseigned by the Frenchmen did trouble him, especially, because hee did neuer receiue Letters from Trent; in which it was not sayd, that either the Cardinall of Loraine, or some of the Ambassadours did make request for re∣formation,

with this addition, that if they could not obtaine those prouisi∣ons they demanded, they would make them at home, making mention often of prouiding against the annats, preuentions, and other things properly be∣longing to the Pope of Rome. He resolued to deale plainely with the French-men; and to those which were in Rome he sayd, that, hauing so often offered to treat with the King concerning his owne rights, and to come to a friend∣ly composition, and seeing that his ministers in the Councell doe alwayes make shew that they will speake of them in the Synode, hee was resolute to see whether hee would breake out into an open dissention with him. Hee gaue order, by an expresse currier, to his Nuncio in France to speake hereof; and wrote to the Cardinall of Loraine, that those matters could not be pro∣posed in Councell, without breach of the Kings promises, expressely made vnto him, by Monsieur d' Auxerres. Hee complained in Consistory of the impertinencie of the Bishops in Trent, in making euery thing long, to no purpose. Hee exhorted the Cardinals to write to their friends, and him∣selfe wrote to the Legats, to vse threats and authoritie, seeing that perswasi∣ons did no good. Concerning the Articles of the Institution he wrote, that to make the institution of Bishops absolutely de iure diuino, was a false opini∣on, and erroneous; because the power of Order was from CHRIST, but of iurisdiction from the Pope, which, in this respect, may bee said to be from CHRIST, because the Papall authoritie commeth from his Diuine Maie∣stie, so that whatsoeuer the Pope doeth, CHRIST doeth by him. And, for a resolution, hee wrote, that either the words de iure diuino, should bee quite o∣mitted, or they should be vsed in that forme which hee sent, in which it was sayd that CHRIST did institute Bishops to be created by the Pope, who may distribute to them what and how much authority it pleased him to giue them, for the benefit of the Church, hauing absolute power to restraine and amplifie that which is giuen, as seemeth good vnto him. Then hee wrote, that, in the particular of Residence, it being a cleere case that the Pope hath power to dispense, they should, by all good caution of words, reserue his authoritie in the Decree, in which the words de iure Diuino, could by no meanes bee put; as Catharinus had well prooued, from whose opinion, beeing Catholique, they ought not to depart. For holding the Session, hee wrote confusedly, that it should not bee deferred aboue fifteene dayes, nor celebra∣ted before the matter were in order, that the enuious might not take occasion to calumniate.

A solemne Ambassage from the Duke of Bauaria passed by Trent to goe * 1.77 to Rome, to obtaine of the Pope the communion of the Cup. They had audience with the Legate, and secret conference with the Cardinall of Lo∣raine. This wakened the controuersie in that matter, which was asleepe; and the Spaniards, and many Italians, (howsoeuer the matter was referred to the Pope by the maior part) sayd it would bee a preiudice to the Coun∣cell, if, while that lasted, that vse should bee permitted. And all the Fathers were in a hurly burly, because letters came from Rome to diuers Prelates, that the Councell should be suspended, which report was confirmed by Don Iohn Manriques who passed by Trent, from Germany to Rome. But the Legats, hauing receiued the Popes letters, thought it impossible to execute the orders

he had sent, and that it was necessary to giue him a more particular account of the occurrences, then could be done by writing, and make him vnderstand that the Councell cannot bee gouerned as at Rome they thinke it can, that they might receiue a more plaine instruction from his Holinesse what they should doe. And it being necessary to send a man of iudgement, well infor∣med, and of credite with the Pope; they found none better then the Bishop of Ʋentimiglia, whom they resolued to dispatch with speed. The Holy-daies * 1.78 of Christmasse approaching gaue them fit occasion first to proceed slowly, and afterwards to intermit the congregations and so to haue leasure to make that dispatch; which was done the sixe and twentieth of December.

The eight and twentieth, newes came to Trent, of the battell in France, which hapned the seuenteenth of the moneth, in which the Prince of Conde * 1.79 was taken prisoner. That Kingdome was very turbulent all that yeere, for the differences of religion, which gaue a beginning first vnto a gentle, and afterwards vnto a furious warre. For the Hugonots encreasing in Paris, to the great discontent of the Catholiques, who are many in the Citie, and adhe∣ring to the Prince of Conde, the Constable, with his sonnes, and the house of Guise, with some others, to hinder the greatnesse vnto which that Prince did aspire, made a league, and desseigned to make themselues leaders of the people of Paris, and to chase, by their meanes, from that Citie and the Court, the Prince and his followers. Each of them departing from his house, to goe towards Paris, and in the iourney slaying and dispersing the Hugonots, whom they found assembled in diuers places, they entred into Paris; and, hauing drawen the King of Nauarre to their side, and caused the city to arme in their fauour, the Queene was constrained to ioyne with them. Heereupon the Prince going out of Paris, and retiring, with his adherents, to Orlience, ma∣nifests and writings passed on both sides, each protesting they did nothing but for the libertie and seruice of the King. But the Constable and Guise waxing euery day stronger, in Aprill the Prince wrote to all the reformed Churches of France, demanding souldiers, and money, and declaring warre against the defenders of the Catholike partie, calling them perturbers of the publike quiet, and violaters of the Kings Edict, published in fauour of the Reformatists. The Princes letters were accompanied with others of the mi∣nisters of Orleans, and of some other cities, which caused those of that Re∣ligion to arme. And there fell out an accident which did incite them more▪ For at the same time the Edict of Ianuary (whereof wee haue already made mention) was published againe in Paris, with an addition, that neither in the suburbs of the Citie, nor within the space of a league any assembly of Religion should bee held, or Sacraments administred but after the old Rite. And in the end of May the King of Nauar made all the Reformatists goe out of Paris; but proceeded with such moderation, that none of them were offended.

Warre brake forth in all the Prouinces of France, betweene these parties; and that summer there were at the least, ••••urteene formall Armies, all at one time, in diuers parts of the Kingdome. The sonnes fought against their fathers, brothers against brothers, and euen women tooke Armes on both sides, for defence of their religion. There was almost no part in Dolphinie,

Languedoc, and Gascoigne, which was not vexed oftentimes, the Catholiques, remaining conquerours in some places, and the Reformatists in others, with such variety of accidents, that it would bee redious to repeat them, and besides our purpose, which requireth that nothing should bee related by vs but concerning Trent, except those which haue a connexion with the Coun∣cel, as the things following haue. Where the Hugonots ouercame, the ima∣ges were beaten downe, the altars destroyed the Churches spoiled, and the ornaments of gold and siluer melted, to make money for souldiers pay where the Catholiques were conquerors, they burned the Bibles in the vul∣ger tongue, rebaptized children, and remaried those who had beene maried according to the new ceremonies. And the condition of the Clergie on both sides was most miserable, who, whensoeuer they were taken, were cru∣elly murthered, without all humanity. In Iulie the Parlament of Paris made a Decree, that it should bee lawfull to slay all the Hugonots, which, by pub∣like order, was read euery Sunday in euery Parish. Afterwards they added another, declaring them rebels, publike enemies, themselues infamous, and all their posterity, and the goods of those who tooke Armes in Orliens confis∣cated, * 1.80 except Conde, vpon pretence that they held him by force. And how∣soeuer there were many treaties betweene the parties, and a verball confe∣rence also betweene the Queene Mother, and the Prince, yet such was the ambition of the Grandies, that it was impossible to find out any meanes of composition.

But the King of Nauar being dead, who perhaps would not haue suffe∣red them to proceed to an open warre, the Queene resoluing to regaine obe∣dience * 1.81 with armes, demanded aide of all the Princes. And because the peo∣ple of the Low Countreys did learne, by this example, to bee more contu∣macious, and obstinate, the Kings authority diminished euery day, and could not be repaired by the Gouernours. And the King refused to goe thither to oppose his person against the ill disposition of the people, and the dessignes of the Grandies, as Granuel, the chiefe in that Gouernment, had giuen him counsell▪ For that wise King knew how dangerous it was to be contemned to his face, and doubted that, in stead of gaining Flanders hee should make it more contumacious, and, in the meane while, loose Spaine. But he thought * 1.82 that by subduing the Frenchmen, who rebelled against their King, hee might make an absolute prouision against the contumacie of his owne. Subiects. And therefore he offered the Queene great assistance of men and money, suf∣ficient to subiect the whole Kingdome vnto her. But the Queene refused the men and demanded the money, knowing that if she had receiued a Spa∣nish armie, she should haue beene forced to gouerne France, not according to her owne intrests, but of the King of Spaine. Yet taking a middle course, she receiued sixe thousand men, with which, and with her owne forces, con∣ducted by the Constable, and the Duke of Guise, the battell was made the sea∣uenteenth day aforesaid, in which three thousand Hugonots; and fiue thou∣sand Catholiques were slaine, and the Generals on both sides Conde, and the Constable taken prisoners. Neither of the armies was discomsited, by venue of the Lieutenants on both sides, Guise for the Catholiques, and Colignie for the Hugonots. The Queene did make Guise the Generall, which did not de∣terre

Collignie from maintaining his armie, preseruing the places he possessed, and making some progresse also.

For this victorie (for so it was called, though it deserued not the name) thankes were giuen to God in Trent, by all the Fathers assembled together making a procession & singing a Masse, Franciscus Belcarrus Bishop of Metz, made an Oration also, in which, relating all the storie of the confusions of France, since the death of Francis the second, and the successe of the last war••e, * 1.83 hee gaue the praise of all that was well done to the Duke of Guise only. Hee said Martin Luther was cause of all those troubles, who, though but a little sparke, had raised a great fire, first in Germanie, and afterwards in all the Pro∣uinces of Christendome, except Italie and Spaine. Hee exhorted the Fathers to assist the Christian common-wealth, because they onely were able to ex∣tinguish that flame. Hee told them that this was the sixe and twentieth yeere since Paul the third began to heale this disease, by intimating the Councell there; which was first deferred, then dissembled, and finally cele∣brated with diuers factions, vntill it was transferred to Bolonia, where there were many dilations, and greater contentions, and more bitter factions then before. Afterwards it was recalled to Trent, and, by reason of the warres dissolued. Now that they were come to the last, there was no more place for dissimulation, because the Councell would either reconcile the whole world, or cast it headlong into an infallible ruine. Therefore it was fit that the Fathers should not regard their priuate interests, nor haue particular de∣signes, nor speake in fauour of others, in regard the cause of religion was in question, which will be vtterly ouerthrowne, if they cast their eye vpon any thing besides. This libertie of speach hee tempered with flatterie, first to∣wards the Pope, then towards the Emperour, kings of the Romanes, and of Polonia. He passed to the commendations of the Queene Mother of France, and of the King of Portugal, and, in the end, exhorted them to reforme the Ecclesiasticall discipline.

The Cardinall of Loraine, hauing receiued newes of the imprisonment of the Prince; was very glad, particularly for the honour of his brother, and de∣sired the more to returne quickly into France, to assist him in the Court and in the Kings Councell, and to raise himselfe also one degree higher, in regard Nauar and the Constable, to whom hee was neccessarily to yeeld, were both taken away.

The Pope was full of suspicion for the iourney to Ispruc, which the Em∣perour * 1.84 had published, thinking hee would not goe thither without great designes, and without assurance to effect them. Hee beleeued hee had se∣cret intelligence with France and Spaine, but knew not to what ende, but onely in generall, that it was a plot against him. Therefore hee resolued to goe in person to Bolonia, to send eight or tenne Cardinals to Trent, to make greater alliance with the Italian Princes, and to confirme the Prelates his ad∣herents in Councell, vntill bee could finde some occasion to dissolue or sus∣pend it. And ••o hinder all treaties in Trent of reforming the Court, hee laboured much himselfe in that businesse. Hee reformed the Rota, publi∣shing a Briefe, dated the seuen and twentieth of December, in which he or∣dained, that no Audit••r should proceede to a definitiue, howsoeuer the case

might be plaine, before he made the proposition to the whole Colledge, with∣out * 1.85 consent of the parties; that the sentences propounded in writing, should be produced within fifteene dayes; that the causes of the Auditors themselues, or of their kinsfolke vnto the second degree, or of any of their familie, shall not bee heard in the Rota, that the parties shall not bee forced to receue an Aduocate; that no decision shall bee made against those which bee printed, except two thirds of the voyces doe consent: that they shall bee bound to re∣mit euery cause which seemeth to bee criminall. In the same Bull hee made also a taxe for moderation of fees. Hee reformed likewise by other Bulls, pub∣lished the first of the next Ianuarie, the signature of iustice, the tribunals of Rome, the office of the Friscall Aduocate, ordaining what fees they should haue. But the vsuall extorsions were so farre from being redressed by those prouisions, that by transgressing the new orders, they learned to violate the olde which were in some vse.

The Courtiers in Rome thinking the Catholikes in France had gotten an absolute victorie, and that the Hugonots were reduced to nothing, were ex∣ceeding glad. For beleeuing that France had obtained that by Armes which it expected from the Synode, and there being no further regard to bee had of Germanie, which protested against it, they thought that all causes of holding the Councel were ceased, so that it might be suspended or deferred, and them selues deliuered from feare, which had increased euery weeke, by reason of the nouities which happened in Trent. But the Pope made no great mat∣ter of it. For being informed that the Catholike forces were not augmen∣ted, nor the Hugonots diminished, and that this battell would giue occasion to treate a peace, which could not bee without his preiudice, nor with∣out giuing matter of more nouities in Trent, hee was more afraide and troubled then before. And the yeere 1562. ended thus; a congregation in Trent hauing beene helde the thirtieth of the moneth, in which it was resolued to prolong the Session, and appoint a day for it within fifteene dayes.

The yeere 1563. began in Councell with the presentation of the articles, of reformation made by the French Ambassadours, which seemed very hard to the Legates and all the Papalins; especially in those particulars in which * 1.86 they would haue the Rites of the Roman Church altered, and in which the emoluments and profits, which the Apostolike Sea receiued from other Churches, were touched. The Ambassadors added the vsuall Appendix, not to call it a protestation, that if their propositions were not imbraced, they would prouide for their necessities in France. The Legates were sure the Pope would bee vexed heerewith, in regard of the promise made vnto him, that they would not treat in Councell of the Annats, and other pecum∣arie Rites; but friendly compose the matter with him. Therefore they thought it necessarie to send them to him by a Prelate, and to informe * 1.87 his Holinesse. And they elected the Bishop of Viterbo, as being well in∣structed in the affaires of France, where hee had beene Nuncio many yeeres∣and in the designes of the Cardinall and French Prelates of the Coun∣cell, with whom hee had conuersed since their arriuall. The Car∣dinall of Loraine, informed heereof, perswaded them to doe so,

and himselfe gaue him instructions, to speake with the Pope. The Bi∣shop was so nimble, that howsoeuer the Cardinall held that hee was sent vnto him for a spie, and an obseruer, yet hee carried himselfe so well, that he gained the confidence of him and the Ambassadours, without losing that which the Pope and Legates had in him. The Prelate went with in∣struction to represent to the Pope all the difficulties which the Legats found, and to bring backe a resolution how they should gouerne themselues in e∣uery particular. Hee had instructions from Loraine to desire his Holinesse to take in good part that which was desired by the King for the necessitie of his Kingdome, and by them to execute the commands of his Maiestie, and to offer his endeuours to accommodate the differences of the instituti∣on of Bishops, and of residence, which held the Councell employed in small matters.

The Emperours ministers, seeing the Reformation of the Frenchmen, and considering the Proheme, thought they were noted to haue but small authoritie. They complained to the Legates that the Articles of reforma∣tion, mentioned by the Emperour and by them, had not been proposed, though they had giuen copies of them, sent them to Rome, and spread them throughout Trent; desiring they may bee put together with those of the Frenchmen. The Legats excused themselues, in regard of the libertie which the Emperour by letters, and themselues by word of mouth had giuen them, to propose and omit what seemed them good, adding, that they did expect a fit time, and that indeede the Frenchmen had not found a good conie∣cture, while the differences of the two Canons doth continue, which giueth much trouble to his Holinesse. The Amdassadours were not so satisfied, saying, there was a great difference betweene omitting all, and a part; and betweene deferring, whiles in the meane space things are concealed with due respect, and diuulging them, and putting them in derision. And Simo∣neta replyed, that it was hard to discerne which were fit to bee proposed, but easie to know which were to bee omitted, in the end they were content to expect what the Pope would say to the French propositions, so that after∣wards theirs might bee proposed. The French Prelates had consented, in ge∣nerall termes, to the Articles belonging to Rites, and to the grieuances of Bi∣shops, which in their secret thoughts they did not approoue, because they beleeued that, in the discussion of them, they should haue the Spaniards, and many of the Italians their opposites; but seeing they were sent to Rome, they were afraid that the Pope opposing those which touched his reuenues; would yeeld to the others, and by composition be content to giue way to those which were preiudiciall to them, to auoyde others which concerned his owne interest. For this cause they made secret practises with the other Prelats, perswading a moderation; which being done after the French fa∣shion, without much caution, was knowne to the Ambassadours. There∣fore Lansac assembled them all, and reprehended them sharpely, for daring to oppose the will of the King, Queene, of the whole councell, and of the Kingdome. Hee exhorted them, not onely not to labour against, but to promote the Kings determination. And the admonition was very ri∣gorous.

But before wee relate the negotiation in Rome, it will not bee amisse to declare the substance of the French proposition, which presently was prin∣ted in Ripa and Padua, and conteined: That the Ambassadours had de∣termined long since, in performance of the Kings command, to propose to the Councell the things conteined in that writing; but the Emperour ha∣uing proposed almost the same things, not to importune the Fathers, they had expected to see what the Pope would resolue concerning the proposi∣tions of his Imperiall Maiestie. Now hauing receiued a new commande∣ment from the King, and seeing the instance of the Emperour deserred lon∣ger then they thought, they resolued not to make any more delay, not desiring any thing singular, or separate from the residue of Christendome; and that the King, expecting that esteeme should bee held of his proposi∣tions, doth notwithstanding referre the iudgement and knowledge of them all to the fathers. The points were foure and thirtie. 1. That Priests * 1.88 should not bee ordained before they were old, and had a good testimonie of the people, that they had liued well, and that their carnalities and transgressi∣ons should bee punished according to the Canons. 2. That holy Orders should not bee conferred at the same time when the inferiour were, but that euery one should bee approoued in these, before hee ascended to those. 3. That a Priest should not bee ordained, before hee had a Benefice, or ministerie, according to the Councell of Chalcedon, at which time a pres∣byterall title without an Office was not heard of. 4. That the due fun∣ction should bee restored to Deacons, and other holy Orders, that they may not seeme to bee bare names, and for ceremonie only. 5. That the Priests and other Ecclesiasticall Ministers should attend to their vocation, not medling in any office, but in the diuine ministery. 6. That a Bishop should not be made but of a lawfull age, manners, and doctrine, that hee may teach, and giue example to the people. 7. That no Parish Priest should bee made but of approued honestie, able to instruct the people, celebrate the sacrifice, administer the Sacrament, and teach the vse and effect of them to the recei∣uers. 8. That no Abbat or Conuentual Prior should bee created, who hath not studied diuinity in some famous Vniuersity, and obtained the degree of Master, or some other. 9. That the Bishop, by himselfe, or by other prea∣chers, as many as are sufficient, according to the proportion of the Diocesse, should preach euery Sunday and Holyday, & in Lent, on fasting dayes, and in Aduent, and as often as it shall bee fit. 10. That the parish Priest should doe the same as often as hee hath auditors. 11. That the Abbat and Conuen∣tuall Prior shall reade the holy Scripture, and institute an Hospitall, so that the ancient Schooles and hospitality may bee restored to the Monasteries. 12. That Bishops, Parish Priests, Abbats, and other Ecclesiastiques, vnable to performe their charge, shall receiue Coadiutors, or leaue their Benefices. 13. That concerning the Catechisme, and summarie instruction of Christi∣an doctrine, that should be ordayned which the Emperour hath proposed to the Councell. 14. That no man should haue more then one benefice, ta∣king away the differences of the quality of persons, and of Benefices compa∣tible and incompatible, a new diuision not heard of in the ancient Decrees, and a cause of many troubles in the Catholique Church; and that the regu∣lar

Benefices should bee giue into regulars, and secular to seculars. 〈◊〉〈◊〉 That he who now hath two or more, shall retaine that only which he shall choose within a short time, or shall incurre the penalty of the ancient Canons. 16. That to take away all note of auarice from the Clergie, nothing bee ta∣ken, vpon any pretence whatsoeuer, for the administration of holy things; but that prouision be made that the Curates, with two Clerkes or more may haue whereon to liue and mainetaine hospitality, which may bee done by the Bishops by vniting benefices or assigning tenths vnto them, or, where that cannot bee done, the Prince may prouide for them by 〈◊〉〈◊〉 or collections, imposed vpon the Parishes. 17. That in parish Masses, the Gos∣pel be expounded cleerely, according to the capacity of the people, and that the prayers which the Parish-Priest maketh together with the people bee in the vulgar tongue, and that, the sacrifice being ended in Latine, publike pray∣ers bee made in the vulgar tongue likewise, and that at the same time, or in other houres; spirituall hymnes or Psalmes of Dauid, approoued by the Bi∣shop, may bee sung in the same language. 18. That the ancient Decree of Leo and Gelasius, for the Communion vnder both kinds, bee renewed. 19. That before the administration of euery Sacrament, an exposition bee made in the vulgar, so that the ignorant may vnderstand their vse and efficacie. 20. That according to the ancient Canons, benefices may not bee conferred by the Vicars, but by the Bishops themselues, within the terme of sixe mo∣neths, otherwise that the collation may bee deuolued to the next Superiour, and, by degrees to the Pope. 21. That the Mandats of Prouision, expe∣ctatiues, regresses, resignations in confidence, and commendaes bee reuoked, and banished out of the Church, as contrary to the Decrees. 22. That the re∣signations in fauour be wholly exterminated from the Court of Rome, it be∣ing as it were an election of ones selfe, or a demanding of a successour, a thing prohibited by the Canons. 23. That simple Priories, from which the cure of soules is taken away, contrary to the foundation, and assigned to a perpetuall Vicar, with a small portion of tithes, or of other renenue, bee restored to their former state at the first vacancie. 24. That benefices, vn∣to which no office of preaching, administring the Sacraments, nor any other Ecclesiasticall charge is annexed, may haue some spirituall cure imposed vp∣on them, by the Bishop, with the councell of the chapter, or bee vnited to the next parishes, because no Benefice ought or can bee without an office. 25. That pensions bee not imposed vpon benefices, and those abolished which are imposed already, that the Ecclesiasticall reuenues may bee spent in maintaining the Pastors, and poore, and in other workes of pietie. 26. That Ecclesiasticall iurisdiction throughout the whole Diocesse be restored to the Bishops, all exemptions being taken away, but of the chiefe gouernors of the Orders and Monasteries subiect vnto them, and those who make generall Chapters, to whom exemptions are granted by a lawfull title, but yet with prouision that they bee not exempted from correction. 27. That the Bi∣shop may not vse iurisdiction, and handle matters of great weight concer∣ning the Diocesse, without the counsell of the Chapter; and that the Canons may reside continually in the Churches, bee of good conuersation, learned, and at the least 25. yeeres of age, in regard the lawes, not giuing them the

free disposition of their goods before that time, they ought not to bee made counsellours to Bishops. 28▪ That the degrees of affinity, consanguinity, and spirituall kindred be obserued, or reformed, and that it may not bee law∣full to dispence therein, but with Kings and Princes, for the publique good. 29. That, in regard many troubles haue risen by meanes of images; the Sy∣node would make prouision, that the people may be taught what they ought to beleeue concerning them; and that the abuses and superstitions, if any be vsed in the worship of them may be taken away: and that the same be done concerning indulgences, pilgrimages, reliques of Saints, and of companies or con∣fraternities. 30. That the publike and ancient penance in the Catholike Church forgrieuous & publike offences, be restored and brought into vse as also fastings and other exercises of sorrow, and publique prayers to appease the wrath of God. 31. That excommunication be not decreed for euery sort of offence, or contumacie, but onely for the greatest, and in which the of∣fender doth perseuere after admonition. 32. That, to abbreuiate or quite take away suits of law for benefices, by which the whole Clergie is blemi∣shed, the distinction of petitorie and possessorie, newly inuented in those causes, may bee taken away, nominations of Vniuersities abolished, and a commandement giuen to Bishops, to giue benefices not to those that seeke them, but to those that auoid them, and are worthy of them: and their me∣rit will be knowen, if, after their degree receiued in the Vniuersitie, they shall haue spent some time in preaching, with the consent of the Bishop, and ap∣probation of the people. 33. That there beeing a suit for a benefice, an Economique may bee created, and arbitrators elected by the litigants; which in case they refuse to doe, that the Bishop may nominate, and that these may determine the controuersie within six moneths, and that no appeale may lie from them. 34, That the Episcopall Synods may bee held once a yeere at the least and the Prouinciall once in euery three yeeres, and the Generall, if th ere bee none impediment, euery tenth yeere.

The first of Ianuarie Vintimiglia arriued in Rome, hauing made the iour∣ney * 1.89 in seuen daies. Hee presented the letters to the Pope, and declared his credence, relating the cogitations and diuers ends and humours which were in the Councell, and in what sort the Legates and other good seruants of his Holinesse thought the difficulties ought to bee managed. The Pope held a congregation the third day, and gaue account of the relation of Vintimiglia, shewed he was satisfied with the diligence and wisdome of the Legates, and commended the good will of Loraine, and gaue order that they should con∣sult vpon the point of the institution of Bishops, which did then especially presse them. The sixth day beeing the anniuersarie of his coronation, hee held another Congregation, in whch hee published Cardinals Ferdinando de Medici, and Frederico Gonzaga; the former to consolate his father for the mi∣serable death of another sonne, who was Cardinall also, and the other to gra∣tifie the Legate Mantue, and others of the family neerely allied to him by a marriage of the Legates nephew to a sister of Cardinall Borromeo. Yet the Pope did not omit to assist at the Consultation concerning the affaires of the Councell, and resolued to write to the Legates, that the Canon of the insti∣tution of Bishops should be thus composed: That the Bishops doe hold the

principall place in the Church, depending of the Pope of Rome, and that they are by him assumed, in partem solicitudinis. And in the Canon concerning the Popes power, that it should be said; that he hath authority to feede and gouerne the Vniuersall Church, in place of Christ, from whom all authori∣tie hath beene communicated to him, as Generall Vicar: but in the Decree of doctrine they should enlarge the words of the Councell of Florence; which are, that the holy Apostolike Sea, and Pope of Rome hath the Primacie in all * 1.90 the world, and is Successor of Saint Peter Prince of the Apostles, the true Vi∣car of CHRIST, the Head of all Churches, Father and Master of all Christi∣ans, to whom, in Saint Peter, by CHRIST our LORD, hath beene giuen full power to feede, rule, and gouerne the Vniuersall Church: adding, that by no meanes they should depart from that forme, which hee was certaine would bee receiued. For the substance of it beeing taken out of a generall Councell, hee that should oppose, would shew himselfe to bee a Schismatike, and fall into the censures, which, by the prouidence of God, hauing alwayes beene inflicted vpon the contumacious, with the greater exaltation of the Apostolique Sea, hee was confident that the cause of the Church would not bee abandoned by the Diuine Maiestie, nor by the good Catholiques; and he hoped that in the meane space Vintimiglia would be returned, whom he meant to dispatch shortly, with more ample instructions. Hee resolued to goe to Bolonia, that he might bee neere, and so the better imbrace all occa∣sions of finishing or translating the Councell, which, before they could bee aduised to Rome, did vanish. Hee caused a Bull to be made, and in case hee should die before his returne, the Election should bee made in Rome by the Colledge of Cardinals.

The Currier was not so soone dispatched for Trent with these Letters, * 1.91 but Viterbo arriued with the French Reformation, and reuiued his trouble. The Pope, when hee heard it first read, was extreamely impatient, and brake out into these words, that the end of it was to take away the Datarie, the Ro∣ta, the Signatures, and finally all the Apostolique authoritie. But afterwards he was much pacified 〈…〉〈…〉 the Bishop, who told that his Holinesse might bee able to diuert some things, and moderate others, granting some few of them. He deliuered to him the instruction of Loraine; which was, that Princes de∣mand many things, to obtaine those of which they haue most neede; which do not much cōcerne the Apostolike Sea; as the vse of the Cup, vse of the vul∣gar tongue, and mariage of Priests, in which, if his Holinesse would giue sa∣tisfaction, it would be easie for him to receiue honour from the Councell, and to obtaine his wished end. Hee shewed that many of those Articles did not please the French Bishops themselues, who endeuoured to crosse them. The Pope vnderstanding these things, gaue order that the Articles should bee discussed in Congregation, and that Viterbo and Vintimiglia should bee present, to informe the occurrences at large; in which it was resolued, that the Diuines and Canonists should write concerning those propositions, and euery one deliuer his opinion in paper; And to make some diuersion in France, he gaue order to Ferrara to release those fourty thousand Crownes to the King, without any condition, and to tell him that the Proposition of his Ambassadours in Trent, were fit in many parts for the Reformation of the

Church, which hee desired not onely to haue Decreed, but to bee put in exe∣cution also, yet so, as that he did not approue them all, because some were to the diminution of the Kings authoritie, who will bee depriued of the colla∣tion of Abbies, which is a great helpe to his Maiestie to reward his good ser∣uants; that the ancient Kings, hauing their Bishops too potent, in regard of their great authority, and con〈…〉〈…〉acious against the Regal power, did de∣sire the Popes to moderateiy; but now the Ambassadours by their proposi∣tions, would restore that licence, which the Predecessours of his Maiestie did wisely procure to be cur••ed. Concerning the Popes authority, that it could not be taken away, because it was giuen by CHRIST, by whom Saint Peter and his successors were made Pastor•• of the vniuersall Church, and Admini∣strators of all Eclesiasticall goods, that, by taking away the pensions, he shall not haue power to giue almes, which is one of the most principall charges which the Pope hath throughout all the world; that faculty to conferre some Benefices hath beene by fauour graunted to Bishops, as Ordinaries, which is not fit to bee extended to the preiudice of the Vniuersall Ordinarie, which is the Pope, that as Tithes are due to the Church de iure diuine, so the tenth of the Tithes of all Churches is due to the Pope, that, for more com∣moditie, this hath been changed into Annats; that in case they were incom∣modious for the Kingdome of France, hee did not refuse to finde a temper, so that the right of the Apostolique Sea were in some conuenient manner, pre∣serued; but that, as he had often giuen him to vnderstand, this could not bee handled in Councell, nor by any but himselfe. In the end he gaue the Cardi∣nall charge, that hauing put all these things to the Kings consideration, hee should exhort him to giue new Commissions to his Ambassadours.

The Pope sent also to Trent the censures concerning those Articles, made by diuers Cardinals, Prelates, Diuines, and Canonists of Rome, with order * 1.92 that they should deferre to speake of them as long as was possible; that the Article of Residence, and the abuses concerning the Sacrament of Order, might entertaine them many dayes; that when there was necessitie to pro∣pose them, they should begin with those which were least preiudiciall, as those which appertaine to manners, and doctrine, deferring to treat of those which concerne Rites, and Benefices; that, in case they were forced to pro∣pose them, imparting their obiections to the Prelates their adherents, they should put them in discussion and controuersie, and that, in the meane while, hee would giue order for that which he had resolued besides. And this hee wrote to the Legates.

In the end of the moneth, he deliuered in Consistory, that the greatest Princes of Christendome did demand reformation, which could not be de∣nied them, neither by true reasons, nor by pretences: and therefore that hee was resolued to giue a good example, and, not to faile of his duetie, to begin with himselfe, prouiding against the abuses of the Datary, taking away the coadiutories, regresses, resignations in fauour, and that the Cardinals ought not onely to consent vnto it, but to publish it to all. The good intention of his Holinesse was generally commended. But some considered that those vses were brought in to take away greater abuses of manifest Simonie, and vn∣lawfull bargaines, and that they were to take care, that, remoouing those

tolerable inconueniences, which indeede are but against the law of man, a gatebee not opened for the returne of those which are against the Law of GOD. The Cardinall of Trent said, that it would bee a great preiudice to take away the Coadiutories in Germany, because those Bishoprickes being an∣nexed to principalities, if Coadiutories could not bee had for both together, they must be had for the principalitie alone, and so the temporall would bee diuided from the spirituall, which would bee the vtter ouerthrow of the Church. The Cardinall Nauaggiero opposed the making of Germanie diffe∣rent, saying that the Dutchmen being the first that demanded reformation, they ought to bee comprehended at the last. Afterwards the Pope related how many enterprises were vsed in Councell against the priuiledges of the Romane Church, and spake of Annats, Reseruations, and preuentions. He said they were necessarie Subsidies, to maintaine the Pope, and Colledge of Car∣dinals, whereof as themselues were partakers, so it was fit they should la∣bour to defend them, and that hee would send a number of them to Trent, for this seruice.

In which place, the next day after the arriuall of the currier, who brought * 1.93 from Rome the canons of the institution, which was the fifteenth of Ianua∣rie, a day appointed to resolue on the certaine time of celebrating the Session, a Congregation was helde, and a resolution made to deferre the determina∣tion vntill the fourteenth of February. And a copy was giuen of the decrees of the Institution, with order that the Congregations should begin, in which they should bee discussed. And the care of reforming the decree of Resi∣dence was committed to Loraine, and Madruccio, together with those Fathers whom they pleased to take vnto them. In the congregations following the formes which came from Rome were, with facilitie, approoued by the Pa∣triarchs, and the most ancient Archbishops, but many difficulties were al∣leadged against them by the Spaniards, and more by the Frenchmen. This passage (That Bishops doe holde the principall place depending of the Pope) was que∣stioned, * 1.94 because the forme of speech was ambiguous, which ought to haue beene plaine. After long discussion, they were content to admit that it should be said, Chiefe vnder the Pope, but not dependent. Some also oppugned those words, that Bishops were assumed by the Pope into part of the charge, but would haue it said. That they were appointed by CHRIST, to take part of the cure: alledging the place of Saint Cyprian: There is but one Bishopricke, of Which euery one holdeth a part in solidum. And for the point of the authoritie to feed, and to gouerne the Church vniuersall, they said that the Church was the first, tribunall vnder CHRIST, to which euery one ought to bee subiect, and that Peter was addressed to it as vnto a Iudge, by the words of CHRIST Goe, tell it to the Church, and hee that will not heare the Church, let him bee accounted an Heathen, and a Publican. And they were content it should be said that the Pope hath authoritie to feede, and gouerne all the Churches, but not the Church vniuersall: wherein there was small difference in the Latin betweene Vniuersa••em Ecclesiam, and Ecclesias vniuersas. And Granata said, I am Bishop of Granata, and the Pope Arch-bishop of the same Citie; inferring that the Pope hath the superintendencie of the particular Churches, as the Archbi∣shop hath of the Churches of his Suffragans. And it beeing alleadged, that

this word, Church Vniuersall, was vsed in the Councell of Florence, it was re∣plyed, that the Councell of Constance, and Martin the fifth, in condemning the Articles of Iohn Wiglef, doth condemne the Article against the supremacy of the Apostolique Sea, onely for saying, that it is not set ouer all particular Churches. And here a disputation began betweene the Frenchmen and the Italians, these saying that the Councell of Florence was generall, that of Con∣stance partly approoued, and partly not, and that other of Basil schismaticall; * 1.95 and the others maintaining that those of Constance and Basil were generall Councels, and that this name could not agree to that of Florence, celebrated onely by some few Italians, and foure Grecians. Neither did they grant that the Pope had all the authoritie from CHRIST, no not with the restrictions and limitations, as he was a man, and in the time of his mortalitie; but they were content it should bee said that hee had authoritie equall to that of Saint Peter. This manner of speech was suspected by the Papalins, who saw they would make the life and actions of Saint Peter a paterne for the Pope, which would, as they said, reduce the Apostolique Sea to nothing; which they de∣fended to haue an vnlimited power, to be able to giue a rule for all emer∣gents as the times doe require, though contrary to the actions of all his pre∣decessours, and of Saint Peter himselfe. And the contentions were like to proceed further. But the Legats, to giue some intermission, to haue time to send the Pope the corrections of the Vltramontans, and receiue his command how to gouerne themselues in the businesse, that they might set another matter on foot which might make this to be forgotten, returned to the point of Residence, concerning which, Loraine and Madruccio had composed a forme, and presented it some dayes before to the Legats, who without con∣sidering of it, did approoue it, vpon the first sight. Afterward, hauing con∣sulted with the Canonists, they disliked one parte, in which it was said, that Bishops are bound by the commandement of God, to attend and watch ouer the flocke, personally; and doubting that those words would not please in Rome, they changed them, and so proposed the forme in congregation. Lo∣raine * 1.96 and Madruccio were much offended with this mutation, and thought they were disparaged: and Loraine said, that hereafter he would take no more care in those things, nor treat with the Prelats, but onely giue his voice with modestie, and serue the Legats out of his loue, in any honest worke, as farre as he was able. And Madruccio did not forbeare to say, that there was a se∣cret Councell within the Councell, which did arrogate more authoritie. * 1.97 The Legates perceiuing that euery thing turned against them, caused the Congregations to be omitted, Neither was this sufficient. For the Prelats * 1.98 made priuate congregations amongst themselues, and the Legats continuall consultations. The Arch-bishop of Otranto, and others, who aimed at the Cardinalitie, of which they thought themselues assured if the Councell were separated, agreed together to oppose euery thing to make some tumult arise, and went passionately about, euen in the night also, making practises, and causing men to set their hand to papers. Which, though in effect, it pleased the Legats, yet, for the manner, it displeased the most of them, as beeing of bad example, which might giue scandall. And, on the contrary side, there wanted not those who desired a dissolution. But each partie expected an

occasion that the cause of it might be attributed to the other: so that the sus∣picions did encrease on both sides.

The Cardinall of Loraine complained to all, that plots were laid to dissolue the Synod, and especially to the Ambassadours of Princes, desiring them to write to their Masters, to perswade the Pope that the Councell may bee con∣tinued, that the practises might bee moderated, and the Fathers left to their libertie; saying, that otherwise a composition would bee made in France, that * 1.99 euery one might liue as hee would vntill a free Councell, as this was not, in which nothing could be resolued but as pleased the Legates, nor by the Le∣gates, but as the Pope listed; that he would be patient vntill the next Session, * 1.100 and then, if he sawe not things goe better, hee would make his protestations, and, together with the Ambassadours and Prelates, returne into France, to make a Nationall Councel, in which perhaps Germanie would concurre with them; a thing which would be displeasing vnto himselfe, in regerd of the dan∣ger that the Apostolique Sea would not bee acknowledged any more. In those dayes many Curriers passed betweene Rome and Trent. For the Le∣gates * 1.101 aduised the frequent contradictions, and the Pope sollicited the propo∣sing of the Canons which he sent. And the French-men in Rome made the same complaint to the Pope, which Loraine had done in Trent, and vsed the same threats of a Nationall Councell, and the assistance of Germanie. But * 1.102 the Pope, who had been vsed to these things, said hee was not daunted with words, was not afraid of Nationall Synods, did knowe that the French Bi∣shops were Catholiques, and that Germanie would not subiect it selfe to their Councels. He said that the Councell was not onely free, but might be cal∣led licentious; that the practises of the Italians in Trent were not with his knowledge, but did arise because the Vltramontans would tread the Popes au∣thoritie vnder their feete; that hee hath had three good occasions to dissolue the Councell, but was willing it should continue, hoping that GOD would not abandon his Church, and that euery attempt against it would come vp∣on the head of the Innouators. Fiue Churches departed, and went to the Em∣perours Court, in the time of these confusions, to giue his Maiestie an ac∣count of the state of the Councel, and of the combination of the Italian Pre∣lates; and it was discouered that Granata, and his adherents, had desired him to perswade the Emperour to write to the Catholique King concerning the Reformation and Residence, that both in those, and in other occasions they might speake freely, according to their conscience; all which the Legates did beleeue to proceede from Loraine. And therefore, for a counterpoise, them∣selues also, a few dayes after, sent the Bishop Commendone to the Emperour, vpon pretence to excuse, and render the causes why the demands of his Maie∣sty could not as yet be proposed. And they gaue him commission to exhort the Emperour to be content not to demand of the Councel, bot of the Pope him∣selfe, those points of his petition which concerne his authoritie; as also other instructions, such as seemed them good.

But Martinus Crame〈…〉〈…〉, Bishop of Vormis, Ambassadour of the King of Polonia to the Emperour, being come to Trent, vpon pretence to visit the Cardinall of Varmia, his ancient and in ward friend, there was a great suspici∣on that he was sent by the Emperor, to be an eye-witnes of the proceedings in

Councell, and to relate them to him. All these things made the Legates doubt that the Councell would be dissolued, in some manner dishonourable to the Pope, and themselues, obseruing that it was desired by many, euen by some of the Papalins themselues, and that disorders were purposely procu∣red by others, to iustifie themselues, in case it should happen. They sent vn∣to all the Ambassadours a writing, which conteined the present difficulties, and desired their counsell. But the French Ambassadours answered, vpon this occasion, that which they desired to say many dayes before; that as the Councell was assembled to remedie abuses, so some were willing to make vse * 1.103 of it to encrease them; that before any thing else were done, it was fit to withstand such manifest practises; that they were intolerable; that if they were remoued, and euery man had libertie to speake freely what hee thought a good accord would easily bee made; that the Pope was Head of the Church, but not aboue it; that he was to gouerne and direct the other mem∣bers, but not to domineere ouer the body; that to remedie the differences, it was necessary to follow the Councell of Constance, which hauing found the Church most disorderly by meanes of these opinions, did reduce it into tole∣rable tearmes. They sayd that one cause of discord was, because the Secre∣tary * 1.104 did not set downe their voyces faithfully, so that the greater part seemed in the acts to be the lesser, and that could not be taken for a resolution which was concluded by the common opinion; and therefore that it was fit to ioyne another with him. The Imperialists said almost the same things, and were more earnest for another Secretary. The other Ambassadors stood vpon generall tearmes, desiring a continuation of the Councell, and an vni∣on of mindes.

Things standing thus, Ventimiglia, redispatched by the Pope, returned * 1.105 to Trent the nine and twentieth of Ianuary, who made a relation of his cre∣dence to the Legates, and by their aduice, sought to remooue two opinions spread in the Councell: one, that the Pope could not liue long; the other that hee desired a dissolution of the Councell. Hee testified the desire of his Ho∣linesse, that laying aside all contentions, they would labour for the seruice of God, and to end the Councell quickly. Hee spake of Bulls, of offices, and Be∣nefices, conferred vpon some of the kinsmen of some Prelats, and a Referen∣dariship to the Secretarie of the Portugal Ambassadour, and a very great pensi∣on to the sonne of the Spanish Secretary, and diuers promises to others, accor∣ding to their pretensions. But to the Cardinall of Loraine he made great com¦plements, in the Popes name, shewing that hee had confidence in him onely, for a sudden and a good end of the Councell.

The comming of the Bishop of Asti, the Ambassadour of the Duke of * 1.106 Sauoy, gaue a fit occasion to reassume the Congregations: in which the Le∣gats designing, after they had receiued him, to renew the proposition of the Canons, they sent the Bishop of Sinigaglia to the Cardinal of Loraine, to pray him to finde a meanes that the french-men might bee satisfied. The Bishop shewed him, that those words (to gouerne the Church Vniuersall) were vsed in many Councels; that the other (that they were assumed into part of the care) * 1.107 were vsed by S. Bernard, a writer much commended by his exce〈…〉〈…〉. The Cardinall answered, that the whole world was a spectator of the actions of

the Councell; that the opinions and voices of euery one were knowne; that one ought to beware what he saith; that writings had beene sent out of France, against the opinions maintained in Trent in the questions that were handled; that many complained of him that hee proceeded with ••do much respect, especially in that matter, and in that other of residence; that hee 〈◊〉〈◊〉 not beene so earnest as he ought for the declaration that they are de 〈◊〉〈◊〉 diui∣no; that by a word vsed by an Author one cannot presently conclude what his meaning was, because the antecedents and consequents must bee consi∣dered, which may inferre a contrarie sence; that the wordes doe not trouble him, but the sence, which they would cano〈…〉〈…〉; that to say the Pope hath au∣thoritie to gouerne the Church vniuersall, could not bee admitted by the French men by any meanes; that if it were proposed againe, the Ambassa∣dours would protest in the name of the King, and of the twentie French Prelates, from whom they should alwayes haue authoritie to doe it; that this would bee a preiudice to the opinion which is generally helde in France, that the Councell is aboue the Pope. Sinigaglia relating these things to the * 1.108 Legates, in presence of many Italian Prelates, assembled to consult vp∣on this matter, made them feare that it was impossible to reduce the French-men.

The comming of Martin Guzdellun of whom wee spake before, which * 1.109 happened at the same time, gaue great courage to the Spaniards; who, ha¦uing seene the passages of one day, said hee vnderstood plainly that the Coun∣cell was not free. He praised Granata, and said the King had a very good o∣pinion of him, and that if the Bishop like of Toledo were voide, hee would be∣stow it vpon him. Things being thus managed, sunday, the last of Ianuary came, when the generall congregation was intimated, to receiue the Ambas∣sadour of Sauoy, who made a short speach, to shew the dangers in which * 1.110 the state of his Prince was by the vicinitie of the heretikes; and what charge hee was put vnto; he exhorted them to finish the Councell quickly, and to thinke of some meanes to make the contumacious receiue the Decrees there∣of, and offered all the forces of his master. In the answere made, the pietie and wisedome of that Duke was commended, and ioy giued the Ambassa∣dour of his comming. As the congregations continued, so the dissentions increased, and many demanded that the Decree of residence, composed by the two Cardinals, should bee proposed. But the Legats, seeing such variety of opinions, after long consultation amongst themselues, and with the Pre∣lates their friends, resolued it was not a time to make any decision, but neces∣sarie to interpose so great a delay, that the humors might coole of themselues, or some meanes might bee found to compose the differences, by prolonging the time of the Session. And to make Loraine agree to it, they went all to his house, to impart their purpose vnto him, and to demand his counsell and assistance. He complained of the conuenticles, and that they sought by vn∣lawfull meanes, to giue the Pope that which belongeth not vnto him, and to take frō Bishops that which is giuen them by CHRIST: he said he did not like the deferring of the Session so long though he was cō〈…〉〈…〉 to yeeld vnto then; but prayed them, that in regard this was done to moderate 〈…〉〈…〉ens minds, they would indeauor effectually to curbe those who were vnquiet and ambitious,

In the congregation of the third of Februarie Mantua proposed, that, in regard Lent was neere, and that the holy dayes and feasts of Easter would fol∣low quickly, they would deferre the Session, vntill after that time, and, in the meane while, in the congregations, handle the reformation belonging to ho∣ly Order, and the matter of the Sacrament of mariage. But the proposition had much contradiction. The French and Spaniards, almost all, were earnest that a short prorogation should bee determined, and the matter of Order, to∣gether with its reformation, defined, before they treated of Matrimonie; to which opinion also some Italians did adhere. Others desired that the Ses∣sion should bee helde with the things decided alreadie, and in particular, that the Decree of recidence, composed by the Cardinals, should bee established: and some added that it was a great indignitie to the Councell, to haue the Session so often deferred, shewing there was a desire to violence the Fathers by wearinesse, to consent to those opinions, which they did not beleeue in their conscience; and therefore that it ought to bee held, and matters to bee resolued by the maior part. Some did not forbeare to say, that the distincti∣on of Session and generall congregation was not reall, and that, in regard * 1.111 the persons, and the same number were in both, that ought to bee helde for decided in the one which was determined in the other. After great conten∣tion, the dilation vntill the two and twentieth of Aprill was concluded by the maior part, the others still contradicting. The Cardinall of Loraine, howso∣euer hee seemed to consent only to content the Legates, yet hee was willing, in regard of his owne interest; and that for foure causes. To know whether the Pope would recouer his health. To haue commoditie to treat with the Emperour. To vnderstand the Catholike Kings mind. And to see the successe of the affaires of France, that hee might resolue what to doe, vpon better ground.

The next day the French Ambassadours made a great and long instance to the Legats, to handle the reformation, and to propose their petitions, be∣fore they beganne to treate of Matrimonie. They answered, that the Sy∣node was not to receiue lawes from others; that if things conuenient bee proposed by Princes, consideration is to bee had of them, at such times as the President shall thinke fit; that if, in their petitions, any thing bee found belonging to Order, they will propose it together, and afterwards the other things in their time. This answere not conten∣ting the Ambassadours, they desired, that if they would not make the proposition, they would bee content that themselues might doe it, or else giue them a plaine negatiue; adding, as it were in forme of a protestation, that, if they continued to giue these ambiguous answeres, they would hold them to bee equiualent to a scornefull negatiue. The Legates tooke three dayes time to giue a more precise answere, and, in the meane while, de∣sired Loraine to pacifie them, and to make them contented to expect vntill they had receiued an answere from Rome concerning the Articles which they had sent thither.

The next day the Articles of Matrimonie were giuen foorth, to bee discussed * 1.112 by the Diuines, the weeke following; in which a dispute presently arose be∣tweene the French and Spaniards, about precedence, which could not bee

composed to the satisfaction of both parties, but by changing the order obserued vntill then, and by giuing precedence according to promotion vnto the doctorship. The Popes Diuines, opposed saying, that, the difficul∣tie beeing betweene the French and Spaniards, the prouision should bee made for them alone, and their place not altered, which was vndoubtedly the first. The Legates, saying they had reason, concluded that the first ranke, in which the Papalins were, should speake as formerly they had done, and the other * 1.113 three according to the order of promotion: wherewith the Frenchmen were not content, except one of them were put into the first ranke. The Spanish Secretary desired that a publique instrument might bee made of the decree, that it might appeare, that if any Frenchman speake before the Spa∣niards, it was not by reason of precedence of the Kingdome. In conclusion, to giue satisfaction to all, an instrument was made, and a grant to the French-men, that, after Salmeron, the first of the Popish Diuines, the Deane of Paris would speake, and the others of the first ranke should proceede according to promotion.

The Articles were eight, vpon which they were to dispute whether they were hereticall, and ought to bee condemned. 1. That Matrimony is not a Sacrament instituted by God, but an humane introduction in the Church, and that it hath no promise of grace. 2. That the Parents may make voide secret marriages, and that those which are so contra∣cted are not true marriages, yea, that it is expedient that hereafter they should bee made voide in the Church. 3. That it is lawfull, in case the wife bee diuorced for cause of fornication, to marrie another, in the life time of the former, and that it is an error to make a diuorce for any cause but fornica∣tion. 4. That it is lawfull for Christians to haue many wiues, and that the prohibition for marriage in certaine times of the yeere, is a tyrannie, which proceeded from the superstition of the Gentiles. 5. That Matri∣monie ought to bee preferred before chastitie, and that God giueth more grace to those that are married then to others. 6. That the Priests of the West may lawfully contract Matrimonie, notwithstanding the vow of Ec∣clesiasticall law, and that to say the contrary is to condemne Matrimonie, and that all those who haue not the gift of chastitie, may marrie. 7. That the degrees of consanguinitie, and affinitie, mentioned in the eighteenth of Leuiticus, ought to bee kept, and neither more nor lesse, 8. That inabi∣litie to carnall copulation, and ignorance in the contract of mariage are onely causes to dissolue Matrimonie contracted, and that the causes of Matrimony doe belong to Secular Princes. Of which Articles that they might briefly speake, they were diuided into foure parts, according to the foure rankes of Diuines, and two appointed for each.

The Bishop of Renes, Ambassadour of France to the Emperour, arri∣ued in Trent, who, hauing treated with Loraine, that Cardinall went to the Legates, and told them, that, euer since his departure out of France, hee hath had commission from the King to goe to the Emperour, which hee would doe within a few dayes, because he would bee in Ispruc, and because Renes was come to fetch him. He gaue an account also of the iourney to the Pope by letters, in which hee touched the manner of the proceeding of the Ita∣lians

in Councell; adding, that if they so continued, hee would pray God that hee might doe some thing for his holy seruice. They had talked of this iourney a moneth before, and therefore when it was published, the suspici∣ons were not so great as if it had not been foreseen. All men assured them∣selues, that it was to make a combination concerning the Councell, and, particularly, to bring in the vse of the Cup; and the rather, because the Car∣dinall had said to many Prelates, vpon diuers occasions, that the Emperour, * 1.114 Kings of the Romanes, and of France, would neuer leaue to make petitions for Reformation, vntill they had obtained the vse of the Chalice, though they were to remaine two yeeres in Councell; but that fauour beeing gran∣ted, they would easily bee quieted, and that to giue satisfaction to those Princes, was the best meanes to retaine those Kingdomes in obedience; that it was impossible to obtaine it of the Pope, in regard of the opposition of the Cardinals, who abhorred the grant; that it was not hitherto obtained in Councell, because the businesse was not well mannaged, and that there was hope, that vsing good meanes, it might bee gained. But those who did more attentiuely marke the Cardinals proceedings, obserued a great va∣rietie in his speaches, For sometimes hee said, that, in case matters were not resolued, hee should bee forced to depart at Easter or at Whitsuntide; some∣times, that hee would remaine in Trent two yeeres; sometimes proposing meanes to dispatch the Councell, and sometimes taking courses to make it euerlasting; manifest arguments, that as yet hee knew not his owne inten∣tion. And they suspected his cautelous proceeding, which did argue a de∣sire to iustifie his reasons by Art, and make his cause honest. And conside∣ring that in Ispruc would bee the King of the Romanes, the Duke of Baua∣ria, the Arch-Bishop of Salzburg and the Arch-duke Ferdinand, it was thought that this conference must needes produce some nouities; especially in re∣gard of the small satisfaction which the Councell had hitherto giuen the Emperour, and of the vnion, in all matters betweene France and him. And it might bee thought also that the King of Spaine, so neere vnto him in blood, would adhere to that partie; and the rather, because it was diuulged, that, by his letters of the eight of Iune, hee had giuen commission to the Count of Luna to hold intelligence with the Emperour, and the King of France, in matters of reformation and libertie of the Councel. In these dayes Friar Felicianus Ninguarda, Proctor of the Archbishop of Salzburg, presented the letters of that Prince, and made instance, that the Proctors of the Bishops of Germanie might giue voice in Congregations; affirming, that, if it were granted, other Bishops of Germanie would send Proctors, if otherwise, both himselfe and others would depart, because they would not bee idle. It was answered, that consideration should bee had of it, and a resolution taken ac∣cording to right. And they gaue an acount hereof to Rome, and would not resolue so much as this small particular without aduice from thence. But in regard of greater businesses in both places, there was no more speach of it.

The ninth of February the first Congregation of Diuines was held, to dispute of Matrimonie. Salmeron spake in a very lofty stile; and concer∣ning the first Article, deliuered the vsuall sayings of the Schoolemen. For the second, hee alleadged the determination of the Councell of Florence, that

Matrimony receiueth perfection only by the consent of the contractors, nei∣ther hath the Father; or any other, any authority ouer it. He defended; that they ought to bee condemned for heretiques, who attribute power to the father to make it void; that the authoritie of the Church was very greate con∣cerning the matter of Sacraments, that it can alter whatsoeuer is not of the essence; that the condition of publique and secret beeing accidentall, the Church had power therein. Hee shewed the great inconueniences of secret mariages, and innumerable adulteries which follow, and concluded that it was expedient to vse a remedie, by making them voide. He insisted much vpon this inextricable case; if, after matrimony contracted and consumma∣ted in secret, one doth contract in publique with another, from which be∣ing desirous to depart, and returne to the first lawfull wife, is forced by censures to remaine in the publique contract; the poore man is intangled on both sides, either in perpetuall adultery, or in censures, with scandall of his neighbour.

The next day the Deane of Paris followed; who spake copiously out of schoole doctrine, of the institution of marriage, of the grace which is re∣ceiued in it, and of condemning him that doth affirme it to bee an humane inuention. But vpon the article of clandestine matrimonie, hauing dispu∣ted, that they were true mariages and sacraments, he put a doubt whether the Church hath power to make them void. He contradicted the opinion, that there is authority in the Church ouer the matter of Sacraments; hee discour∣sed that the Church cannot make any Sacrament which is now lawfull, to be of no force for hereafter, hee exemplified in the consecration of the Eu∣charist, and went through all the Sacraments. Hee said the Ecclesiasticall power was not such, as to bee able to hinder all sinnes; that the Christian Church hath beene 1500. yeeres subiect to that which is now described to bee intolerable, and, (which is of no lesse importance) secret mariages haue beene accounted good euen from the beginning of the world, and no man hath euer thought to make a nullity in them, howsoeuer a publique contract hath often followed them; that it seemeth to bee insoluble, though it hath inconueniences on both sides; that the mariage of Adam, and Eue, a patterne for all other, was without witnesses. The opinion of the Doctor was not disesteemed; but the Italian Prelats were well pleased, that hauing once na∣med the Pope, hee gaue him this Epithite, with the exposition following, Gouernour and moderator of the Roman Church, that is, of the Vniuersall. And this did minister much discourse. For the Papalins concluded, that it might likewise be said in the Canon of the institution, that the Pope hath power to gouerne the Vniuersall Church. But the French men answered, that there was great difference betweene saying absolutely the Church Vniuersall, by which is vnderstood the Vniuersality of the faithfull, and saying the Roman Church, that is the Vniuersall, where the word Roman doth declare the word Vniuersall, inferring that hee is Head of the Vniuersall, and that all places, in which authority is giuen to the Pope ouer all the Church, are vn∣derstood disiunctiuely, not coniunctiuely, that is, ouer euery part of the Church, not ouer all together.

The eleuenth of February, the French-men presented, in Congregation, a

letter from their King, of the eighteenth of Ianuary; in which hee said, that howsoeuer hee was assured that the Cardinall of Loraine had imparted to the Synode, the happy victory against the enemies of religion, whose bold∣nesse hee hath and doth daylie oppose without respect of difficulty, or dan∣ger, euen exposing his owne life, as becommeth the eldest and most Chri∣stian sonne of the Church, yet himselfe was willing to make them partakers of the same ioy also, knowing that the wholesome remedies, for the euills * 1.115 which doe afflict Christian Prouinces, haue alwaies beene expected from Councels. He desired of them, in the name of CHRIST, an emendation and reformation, answerable to the expectation the world hath conceiued of them; and that as himselfe, and so many besides, haue consecrated life and blood to God in those warres, so they, in respect of their charge, would, * 1.116 with sinceritie of conscience, be carefull of the businesse for which they are assembled. The letters being read, the Ambassadour de Ferrieres spake to the Fathers in this substance. That they hauing vnderstood by the Kings let∣ters, and before by the orations of the Cardinall of Loraine, and Bishop of Mentz the desolation of France, and some victories of the King, he would not relate them againe, but onely say, that the last, in regard of the forces of the enemie, was miraculous; whereof this is an argument, that being ouer∣come, yet hee doth liue, and committeth spoiles, running through the very bowels of France. But hee said, hee would turne his speech to them onely, who are the onely refuge of the miseries, without whom France will not bee able to preserue the tables of shipwracke. Hee exemplified in the armie of Israel, which had not beene able to ouercome Amalec, if the hands of Moyses, lifted vp to God, vnderpropped by Aaron and Vr, had not assisted the combar∣tants; that the King of France doth not want forces, a valiant Captaine the Duke of Guise, the Queene Mother, to mannage the affaires of warre and peace; that there is no other Aaron and Vr but themselues, to hold vp the hands of the most Christian King, with Decrees of the Synode, without which the enemies will neuer bee reconciled, nor the Catholiques preserued in the faith; that the humour of Christians now, is not the same as it was fiftie yeeres since; that all Catholiques are now like to the Samaritanes, who did not beleeue the womans relation of CHRIST, vntill they had inquired, and informed themselues; that a great part of Christendome doth study the Scriptures, and that the most Christian King, had giuen no instructions to his Ambassadours, but conformable to them, which they haue presented, to the Legates, who presently will propose them, as they haue promised, to them the Fathers, to whom the most Christian King doth principally send them, expecting their iudgement vpon them; that France doth not demand any singular thing, but common to all the Catholique Church; that if any maruell that the most necessary things are omitted in the propositions, hee may assure himselfe that they beginne with the smaller matters, that they may propose the other of more weight, in their fit time, as also to giue an easie execution to those; which if they the Fathers will not beginne before they depart from Trent, the Catholiques will cry out, the aduersaries will laugh, and will both say, that the fathers of Trent doe not want knowledge, but a will to doe good, and that they haue constituted good lawes, without

touching them so much as with one of their fingers, but leauing the obser∣uation of them to their posterity. And if, in the demands exhibited, any doe thinke that some thing is contained conformable to the bookes of the aduersaries, he holdeth them vnworthy of answere: to those who hold them immoderate, hee will say nothing but that of Cicero, that it is an absurdity to desire temperance of mediocrity in the best things, which are so much the better, by how much the bigger they are. He said the holy Ghost did say to lukewarme moderators, that hee would cast them out of the body; that they should consider the small good the Church had, by the moderate reformati∣on of the Councel of Constance, and of the next, which he would not nomi∣nate, for feare of offending the eares of some, and likewise of the Councels of Ferrara, Florence, the Laterane, and the first of Trent, and how many sorts of men, how many Prouinces, Kingdomes, and Nations, haue since depar∣ted from the Church. Hee turned his speech to the Italian and Spanish Fa∣thers, that a serious emendation of Ecclesiasticall discipline was more for the good of them, then of the Bishop of Rome, the chiefe Vicar of CHRIST, and successour of Peter, who hath the highest authority in the Church of God, that their life and honour was in question, and there∣fore that he would say no more.

In the answere to the letters and the Ambassadours Oration, the King * 1.117 was commended for his pious & noble actes, and exhorted, as if he had been present, to imitate his predecessors, turning all his cogitations to the defence of the Apostolike Sea, and preseruation of the ancient faith and to giue eare to those who preach vnto him the Kingdome of God, and not to those who preach a present vtility, and an imaginary tranquillity, which will neuer be a true peace; adding, that the King would surely doe so by the help of GOD, and in regard of the goodnesse of his disposition, of the Counsell of the Queene Mother, and of the Nobility of France; that the Synod will labour to define things necessary for the reformation of the Church vniuersall, and for the good and interests of the particular of the Kingdome of France. In the end of the Congregation, the Cardinall of Mantua proposed, that, to make a more quicke dispatch, the Congregations of the Diuines might bee held twice a day, and Prelates deputed to propose the correction of the abuses, in the matter of Order; and so it was decreed.

The biting speach of the Ambassador did pierce the mindes of the Papa∣lins; and particularly, when hee sayd, that the Articles were addressed prin∣cipally to the Synode: Which words they thought were contrarie to the De∣cree, that the Legates onely should propose, a principall secret to preserue the Popes authoritie. But they were mooued more, that he said that he had deferred the proposition of more important matters, vntill another time, whence they drew great consequences, especially hauing alwayes feared, that they had not as yet discouered their desseignes, and that they did plot greater matters. As also to speake vnto the Italian and Spanish Fathers, as if they had other interests then the Pope, seemed a seditious manner of trea∣ting. The Ambassadour gaue a copie of his Oration; and by those words which hee spake of the Pope, That hee hath supreame authoritie in the Church of God, some Popish Prelates noted, that, in reciting them, hee had sayd,

Who hath full power in the Church vniuersall; drawing them to the fauour of their opinion, and disputing that it was as much to haue full power in the Church-vniuersall, as to gouerne the Church-vniuersall, which the French-men did so much abhorre, in the Decree of the institution. But himselfe and the other Frenchmen affirmed, that hee had pronounced them as they were written.

The next day Loraine went to Ispruc, to visit the Emperour and King of * 1.118 the Romans, accompanied with nine Prelats, and foure Diuines of the most learned amongst them. He had first a promise from the Legats, that while hee was absent, the Article of the marriage of Priests should not be handled, which he did instantly desire, that nothing might be determined or precon∣ceiued contrary to the commission which he had from the Kings, to obtaine of the Councell a dispensation for the Cardinall of Bourbon to marry. Car¦dinall Altemps also went to Rome, recalled by the Pope, to be Generall of the * 1.119 souldiers, which he purposed to raise for his owne securitie. For vnderstan∣ding that leuies were made in Germany, by the Dukes of Saxony and Witten∣berg: and by the Landgraue of Hassia, howsoeuer it was generally beleeued, that all was done to assist the Hugonots of France, yet considering that the Count of Luna had written, that the Dutchmen had a great desire to inuade Rome, and did remember the Sacke sixe and thirtie yeeres since, hee thought it was wisedome not to bee vnprouided, and, for the same cause, reuiued the treatie of making a combination with all the Italian Princes, for the defence of Religion.

In the congregations, the Diuines of the first ranke did vniformly agree in condemning the first article, & euery part thereof, as hereticall; as also the se∣cond saying that secret marriages were true mariages. But there was the diffe∣rence before metioned betweene Salmeron and the Deane of Paris, whether the Church hath power to make them void. Those who held the negatiue, stood vpon that ground, that the matter, forme, minister, & receiuer are essen∣tial in euery Sacrament, in which, as being instituted by God no Ecclesiastical power hath any thing to doe. They said that the Councell of Florence hauing declared, that the consent of the parties onely is necessary to Matrimonie, he that would inferre the word, Publique, for a necessary condition, doeth in∣ferre, that the consent only is not sufficient, and that the Councell of Florence hath failed in a necessary declaration. That CHRIST sayd in generall of Matrimonie, that man cannot separate that which GOD hath ioyned, mea∣ning both the publique and the secret coniunction. That in the Sacraments nothing ought to be affirmed without authoritie of the Scriptures, or tradi∣tion, neither of which doe allow this authoritie to the Church; yea, by tra∣dition wee finde the contrary, because all Churches in all nations through∣out the world are vniforme; in not pretending any power herein. On the contrary, it was said to be a cleere case, that the Church hath power to make any man vncapable of marriage, because many degrees of consanguinitie and affinitie are made hinderances by the Ecclesiasticall law onely; and like∣wise the impediment of a solemne vow was made by the Popes law; and therefore secrecie may bee likewise made an impediment, by the same autho∣ritie. The other part answered, that the prohibition by reason of kinred, is

de iure diuino, as Saint Gregory the Pope, and many of his successors haue de∣termined; that matrimonie cannot be contracted betweene two, vntill it bee knowen in what degree of kinred they are ioyned, and if other Popes haue restrained this vniuersalitie to the seuenth degree, & afterwards to the fourth, this was a generall dispensation, as Diuorce was to the Iewes, and that a so∣lemne vow doeth hinder de iure diuino, not by the Popes authoritie.

But Camillus Campeggius, a Dominican Friar, agreeing with the others, that no humane power is extended to the Sacraments, added, that whosoe∣uer can destroy the essence of the matter, can also make it vncapable of the Sacrament; that no man can make water not to be the matter of Baptisme, or some bread of wheat not to bee the matter of the Eucharist; but hee that shall destroy the water, turning it into ayre, or shall burne the bread, tur∣ning it into ashes, shall make those matters not to bee capable of the forme of the Sacraments: So in Matrimony, the ciuill nuptiall contract is the mat∣ter of the matrimoniall Sacrament, by Diuine institution; which beeing de∣stroyed, and made of no force, can no more bee the matter of it. Therefore it cannot bee said that the Church can make a nullity in the secret marriage, for so it would haue authority ouer the Sacraments, but it is true that the Church can nullifie a secret nuptiall contract, which, as beeing voyd, cannot receiue the forme of a Sacrament. This doctrine did much please the gene∣rality of the Fathers, because it was plaine, easie, and resolued all the diffi∣culties. But Antonius Solisius, who spake after him, did contradict, saying, the speculation was true, but could not bee applied to this purpose. For the reason, as it is meant of Baptisme and the Eucharist, that whosoeuer doeth destroy the water and the bread, doeth make them vncapable of the formes of those Sacraments, doeth not argue an Ecclesiasticall power, but a natu∣rall, so that whosoeuer hath vertue to destroy the water, may, by this meanes, hinder the Sacrament; whereby it would follow, that hee that can nullifie a ciuill nuptiall contract, may hinder Matrimonie, but the annullation of such contracts belongeth to the ciuill Lawes, and to secular Magistrates; there∣fore they must take heede, lest while they would giue authoritie to the Church to make voyd secret marriages, it bee not rather giuen to the secu∣lar power.

Amongst those who attributed this power to the Church, it was disputed whether it were fit that the Church should vse it. And there were two opi∣nions. One, to make voyd all the secret, in regard of the inconueniences which ensue. The other, that the publique, made without consent of pa∣rents, in whose power they are, should be made voyd also. And these allead∣ged two reasons; one, that as great inconueniences did follow by these, in respect of the ruines which happen to families, by mariages vnaduisedly, con∣tracted by yong men, the other that the Law of GOD, commanding obe∣dience to parents, doeth include this case as principall. That the Law of GOD doeth giue this particular authoritie to the Father, to giue his daughter in marriage, as it plainely appeareth in Saint Paul and Exodus. That there are examples of the Patriarches in the olde Testament, all married by their fathers. That the humane ciuill Lawes haue esteemed the marriages voide, which haue beene contracted without the father. That as then it was iud∣ged

expedient to nullifie secret marriages, so now, seeing that the Popes pro∣hibition is not sufficient, which hath forbidden them without addition of nullitie, there is more reason, in regard the malice of man will not obey the Law of GOD, which forbiddeth to marry without consent of parents, that the Synode should adde vnto it a nullity also; not because the Fathers haue authoritie to make voyde the marriages of children, which is heresie to af∣firme, but because the Church hath authoritie to nullifie both these and o∣ther contracts, prohibited by diuine or humane Lawes. This opinion, as ho∣nest, pious, and as well grounded as the other, pleased many of the Fathers. And so was the Decree framed, howsoeuer the publication was omitted, for causes which shall be related hereafter.

But the Prelates did not for beare to discusse the controuersies about the Popes authoritie, and institution of Bishops. And the Frenchmen did perse∣uere in their resolution, not to admit the words, Church-Vniuersall, lest they should preiudice the opinion held in France, of the superioritie of the Coun∣cell; and if it had beene proposed, would haue made protestation of the nul∣litie, and departed. The Pope wrote it should bee proposed, whatsoeuer did * 1.120 follow. But the Legats fearing that euery little stirre would be much out of season now the Emperour was so neere, wrote backe, that it was better to deferre it vntill the Article of Matrimony was finished.

The seuenteenth of February Father Soto was the first that spake in the se∣cond ranke; who, vpon the Article of Diuorce, did first distinguish the ma∣trimoniall coniunction into three parts: the bond, the cohabitation, and the carnall copulation; inferring that there were as many separations also. He shewed at large that the Ecclesiasticall Prelate had authoritie to separate the married, or to giue them a diuorce, in respect of cohabitation, and carnall copulation, for all causes which they shall iudge expedient and reasonable, the matrimoniall bond still standing sure, so that neither can marrie againe; saying, that this was it which was bound by GOD, and could not bee loosed by any. He was much troubled with the words of Saint Paul, who granteth to the faithfull husband, if the vnbeleeuing wife will not dwell with him, to remaine separated. Hee was not contented with the common exposition, that the Matrimonie of the vnbeleeuers is not insoluble, alleadging, that the insolubilitie is by the law of Nature, as also the words of Adam, expounded by our SAVIOVR, and the vse of the Church, that married vnbeleeuers, af∣ter they haue beene Baptized, are not married againe; and that their matri∣monie is not different from that of the faithfull. And he refolued to approue the exposition of Caietan, that the separation, mentioned by Saint Paul, of the faithfull from the vnbeleeuer, is not vnderstood of the matrimoniall bond, and that it was a thing worthy to be considered by the holy Synod. For For∣nication he sayd, that it ought not to be a cause of separation from the bond, but from copulation, and cohabitation onely. But he found himselfe much intangled, because hee had said first that diuorce might bee granted in many respects, and for many causes, whereas the Gospel doth admit but one, which is Fornication, which must needes be vnderstood in respect of the bond, be∣cause Diuorce in the other two respects may haue many causes. Hee gaue many expositions of that place of the Gospel, without approcuing or dis∣proouing

any of them; and concluded that the Article ought to be condem∣ned, because the contrary is made an Article of faith, by Apostolicall tradi∣tion, howbeit the words of the Gospel are not so plaine as that they are suffi∣cient to conuince the Lutherans.

Concerning the fourth Article of Polygamic, hee sayd it was against the law of Nature, nor could bee permitted so much as to infidels, who are sub∣iect to Christians. Hee said the ancient Fathers had many wiues by dispen∣sation, and the others, who were not dispensed with by GOD, did liue in per∣petuall sinne. For the prohibition of marriages at certaine times, he briefly alleadged the authoritie of the Church, and the disconuenience of marriage with some times: and tooke this occasion to say, that no man had reason to be grieued, because the Bishop might dispence. Hee returned to the causes of Diuorce, and concluded that the world would not complaine of any of these things, if the Prelates did vse their authoritie with wisedome and cha∣rity. But the cause of all the euils is, because they doe not reside, but giue the gouernement to a Vicar, and oftentimes, without conuenient maintenance, so that Iustice is ill administred, and graces not well bestowed. And here hee spake at large of Residence, saying, that if it were not declared to bee de iure diuino, it was impossible to remooue those and other abuses, and to stoppe the mouthes of heretiques, who not obseruing that the euill commeth from the bad execution, lay the blame vpon the Popes constitutions; and therefore the Popes authoritie will neuer be defended well, but by Residence well esta∣blished; nor that well executed without the declaration, de iure diuino; and that they did notoriously erre, who thought it preiudiciall to the authority of the Pope, whereas it is the onely foundation to vphold and preserue it. Hee concluded, that the Councell was bound to determine the trueth, and spake with such efficacie, that he was willingly heard by the Vltramontans, but did displease the Papalins, who thought the time impertinent to touch that matter. And it gaue occasion to both parties to renew their practises.

In the Congregation of the twentieth of February, Iohn Ramirez, a Fran∣ciscan Friar, after hee had spoken vpon the same Articles, according to the common opinion of Diuines, of the insolubilitie of mariage, sayd, that the same reasons which are betweene man and wife, are also betweene the Bi∣shop and the Church, and that as the man ought not to depart from his wife, so ought not the Bishop to depart from his Church, and that this Spi∣rituall bond was of no lesse force then the other which was corporall. Hee alleadged Innocence the third, who decreed that a Bishop could not bee trans∣ferred but by the diuine authoritie because the matrimoniall bond, which is lesse (sayd the Pope) cannot be dissolued by any power of man. And he was copious in shewing that the Popes authoritie was rather increased then di∣minished hereby, who, as a generall Vicar, might make vse of Bishops in an other place, where there was more neede: as the Prince may employ maried men for publique occasions, sending them to other places, without dissol∣uing the matrimoniall bond. And hee laboured to resolue the cotrary rea∣sons with much prolixity.

In the Congregation of that afternoone, Doctor Cornisius said, that both these Aricles, the third and fourth, were hereticall, because they were con∣demned

by many Decretals of Popes, and oxalted the authority of the Aposto∣lique Sea in many words, saying, that all ancient Councels, in the determi∣nations of faith, did perpetually follow the authority and will of the Pope: Hee exemplified in the Councell of Constantinople in Trullus, which followed the instruction sent by Pope Agathone, the Councell of Chalcedon, which did not onely follow, but worship the sentence of St. Leo the Pope; calling him also Ecumenicall, and Pastour of the Vniuersall Church. And after hee had alleadged many authorities and reasons, to show that the words of CHRIST, spoken to Saint Poter (Feede my sheepe) doe signifie as much as if hee had sayd, rule and gouerne the Church Vniuersall, he amplified very much the Popes authoritie in dispensations, and other things also. Hee brought the authori∣tie of the Canonists, that the Pope may dispence against the Canons, against the Apostles, and in all the law of GOD, except the Articles of faith. In the ende, hee alleadged the Chapter, Si Papa, that euery one ought to ac∣knowledge that his saluation doth depend, after GOD, vpon the holinesse of the Pope; amplifying these words, because they proceede from a Saint, and a Martyr, of whom no man can say that he did respect any thing but the trueth.

At this time Commendone returned from the Emperour, whose negotia∣tion had not that successe as the Legats desired. For the Emperour, hearing his propositions, answered, that hee must haue time to thinke on them be∣cause of their importance, and that hee would consider of them, and answere * 1.121 the Councell by his Ambassadour. Hee presently gaue an account heere of by letters, adding, that hee found the Emperour was grieued, and had an ill conceit of the actions of the Councell. Beeing now returned, hee sayd further, that by the words of his Maiestie, and by that which he had vnder∣stood by his counsellers, and obserued by their proceedings, hee thought hee knew that hee was so firme in that bad opinion, that hee feared some disorder would ensue. That as farre as hee could comprehend, the cogitati∣ons of his Maiestie were wholly bent to obtaine a great reformation, with such prouisions as that it might bee obserued; and that hee could certainely affirme, that he would not bee content that the Councell should be finished. That hee had vnderstood, that Delphinus, the Nuncio resident, hauing named suspension or translation, the Emperour was offended. Then hee related that there was an opinion in that Court that the Catholique King held in∣telligence with the Emperour concerning the affaires of the Councel, which hee did beleeue, because hee was assured that the Spanish Prelates had sent letters to him, in which were complaints against the proceedings of the Ita∣lians, and many Articles of Reformation, which 'tis like they would not dart to doe, except they knew their Kings minde. Hee said also, that the Count of Luna, when the Popes ministers had spoken of the too much li∣cence of the Spanish Prelates in their speaches, answered thus, what could bee done if those Prelates should say that they spake as they thought in their conscience; Hee layd moreouer, that in the conference hee will haue with the Cardinall of Loraine, hee was of opinion that they would conclude to make their petitions to bee proposed by the Ambassadours; and that his Maiestie had caused his Diuines to consult vpon them, and vpon other con∣ciliarie

affaires; and that howsoeuer himselfe and the Nuncio Delphinus had vsed much diligence yet they were not able to learne the particulars.

But within a short time they came to light. For the Iesuite Canisius do rote to the Generall Laynez, that the Emperour was ill affected towards the Councell and made many points to bee consulted on, that hee might resolde how to proceede, in case the Pope did prefeuere in refusing to propose the reformation or in giuing words contrary to his deeds. One point was, what * 1.122 the Emperours authoritie might be in Councell; and that Fredericus Staphi∣lus, Confessor to the Queene of Bahemia, was the chiefe man in the consulta∣tion. Canisius desired that one of the Societie might be sent vnto him, whom he might bring into the consultation, and by him discouer all. Whereupon Laynez hauing conferred with Cardinall Simoneta, they resolued to send Father Natalis, by whom all was discouered. And the Articles con∣sulted on were seuenteene. 1. Whether a generall Councell, lawfully * 1.123 assembled by the fauour of Princes, may change the order determined by the Pope to be obserued in handling the matters, and bring in a new man∣ner. 2. Whether it be profitable for the Church that the Councell should handlematters, and determine them as it is directed by the Pope or Court of Rome, so that it may not doe otherwise. 3. Whether, if the Pope die in time of the councell, the Fathers thereof ought to choose another. 4. What the Emperours power is, the Sea of Rome being voyde, and the Coun∣cell open 5. Whether, when matters are handled concerning the peace and tranquillitie of the Christian common wealth, the Ambassadours of Princes ought to haue a deciding voice, howsoeuer they haue it not concer∣ning matters of faith. 6. Whether Princes may recall their Orators and Prelates from the councell, without imparting it to the Legats. 7. Whe∣ther the Pope may dissolue or suspend the Counsel without the participation of Princes, and especially of the Emperour. 8. Whether it be fit that Princes should interpose, to cause more necessarie and expedient matters to be handled in Counsell. 9. Whether the Orators of Princes may ex∣pound to the Fathers in person, those things which the Princes commit vnto them, to be expounded. 10. Whether a meanes may be found, that the Fathers, sent by the Pope and Princes, may bee free in giuing their voyces in Councell. 11. What course may be taken, that the Pope and Court of Rome may not interpose in ordayning that which is to be handled in Coun∣cell, that the libertie of the Fathers may not bee hindered. 12. Whether a meanes may be found that no fraude, violence, or extortion bee vsed in deliuering the opinions of the Fathers. 13. Whether any thing may bee handled, bee it point of doctrine, or reformation of the Church, be∣fore it bee discussed by the learnell. 14. what remedie may bee found, if the Italian Prelates doecont inue their obstinacie in not suffering matters to be resolued. 15. What remedie may be vsed to him 〈…〉〈…〉 the con〈…〉〈…〉 of the Italian Prelates, when the Popes authoritie is in question. 16. Now the practises may bee remoued which hinder the determination of the point of residencie. 17. Whether it bee seemely that the Emperour should per∣sonally assist in Councell.

But a long and serious consultation was held in Rome, whether the pe∣titions * 1.124

of the French-men ought to be proposed? and they consideredred not so much the weight of the things themselues, as the consequences thereof. For obseruing what de Ferrieres had said in his Oration, that the petitions ex∣hibited were of the lighter sort, and that others remained of more weight, they coniectured that the French-men, hauing not made those demands be∣cause they desired to obtaine them, they aimed to make entrance by that way, to propose others which they had in their minde, and that, by these which they call light, the gate being opened, passage might not bee denied them what attempt soeuer they would make besides. For these and other respects it was resolued to write to the Legates, that, absolutely, they should not bee proposed, nor a negatiue giuen, but onely a delay interposed; and the meanes they were to vse, were written also. At the same time, a writing of an vncertaine Authour came from Rome, in answere of those petitions, * 1.125 which immediately was spread in Trent, and in the Emperors Court. And it was beleeued in Rome, that, by these meanes, they had giuen a good coun∣terpoise to the instances of the French-men. But the Pope was more troubled with the nouitie at the Emperours Court to consult of matters so preiudiciall to him, knowing well that the Papall dignitie is preserued by the reuerence, and certaine perswasion of Christians that it cannot bee called into question, that when the world doeth begin to examine matters, apparant reasons will not be wanting to disturbe the best things. He obserued that his predeces∣sors had vsed potent remedies in like occasions, and that when the foundati∣on of faith is questioned, that precept, to resist the beginnings, taketh place. For as, in the breaches of riuers, if the smallest ruptures be not stop∣ped, the chanell cannot be kept full, so when there is but a small ouerture against the supreame authoritie, and not stopped, it is easily caried to an ab∣solute downefall. Hee was counselled to write a Briefe to the Emperour, concerning this his distaste, as Paul the third did to the Emperour Charles, about the Colloquies of Spira, and reprehend him for questioning those Ar∣ticles, as things that are most cleare, and in another Briefe to reproue the Counsellers, for perswading him to it, and to admonish the Diuines who haue assisted in the businesse, to seeke an absolution from the censures. But hauing thought well on it, hee considered that the state of things was not then as it was vnder Paul. First, because that disputation was publike, whereas this was priuate, and concealed of purpose that it might not bee knowne, so that hee might dissemble all notice of it, whereas if it should continue after his publike reprehension of it, hee should put himselfe into greater danger; that it was cōuenient for Charles to stand vnited with the Pope that he might not subiect himselfe to the Dutch Princes, whereas this Emperour is, as it were, subiect vnto them alreadie; finally that this remedie might bee deferred, because it would alwayes bee in season, but by dissembling a while, hee might obliquely make triall to hinder the resolution of the consultations which were made, by sending the Cardinall of Mantua to his Maiestie.

The writing which went about against the petitions of the French-men, did not one displease them, who tooke it for an affront, but the Emperour * 1.126 also very much. And the Legates hauing receiued commission from Rome

concerning them, were but ill satisfied, and thought that this was not to giue commission to Presidents of Councell, but aduertisments rather to ministers to make vse of intreaties by way of negotiation. They wrote backe onely to demand what they should doe, in case the Imperialists should make in∣stance to haue their petitions proposed: and they caused Gabriel Paleotto, Auditor of the Rota, to write a full information of the difficulties, which they sent. But the Cardinall of Mantua, in regard the Emperour had tolde Commendone, that hee would giue answere to the Councell by his Ambas∣sadour, thought it not conuenient to goe vnto him before they recei∣ued that resolution: besides, the Cardinall of Loraine being at the Emperors Court, and the effect of his negotiation not knowne, hee should be doubtfull in what manner to proceede. Vpon these reasons hee excused himselfe to * 1.127 the Pope, and besides wrote to him with his owne hand, that hee had not a face to appeare any more in Congregation, to giue wordes onely, as hee had done two yeeres together; that all the Ministers of Princes doe say, that howsoeuer his Holinesse doth promise much for reformation, yet seeing nothing to bee executed, they doe not thinke hee hath any in∣clination to it; who if hee had performed his promises, the Legates could not haue beene Wanting to giue satisfaction to the instances of so many Princes. Neither ought any to maruaile that this Cardinall, a Prince con∣uersant so many long yeeres in many great affaires, and of a most com∣pleate conuersation, should vse this passage with his Holinesse, it bee∣ing a thing naturall to men that are neere their graue, for some intrin∣ficall cause, vnknowen euen vnto themselues, to bee distasted with hu∣mane matters, and to neglect pure ceremonies; to which gaole hee was then very neere, there remayning but sixe dayes of his life from the date hereof.

But in the Congregation, the last that spake in the second ranke was Adrian, a Dominican Friar; who, touching but lightly the matter in questi∣on, discoursed at large of dispensations, and, with Theologicall tearmes and formes defended the things mentioned by Doctour Cornisius, and speake of them, not without scandall. Hee sayd that authoritie to dispence in hu∣mane lawes, was absolute, and vnlimited in the Pope, because hee was su∣periour to them all; and therefore when hee did dispence, though without any cause, the dispensation was notwithstanding to bee held for good: that in diuine lawes he had power to dispence, but not without a cause. Hee alleadged Saint Paul, who saith, that the Ministers of CHRIST are the dispencers of the mysteries of God; and that to him the Apostle, dispensa∣tion of the Gospel had beene committed. Hee added, that howsoeuer the Popes dispensation concerning the Diuine Law bee not of ••orce, yet euery one ought to captiuate his vnderstanding, and beleeue that hee hath granted it for a lawfull cause, and that it is temeritie to call it into question. Then hee discoursed of the cause of dispensations; which hee reduced to pub∣lique vtilitie, and charitie towards priuate men. This discourse gaue oc∣casion to the French men to speake of the matter, with the ill satisfaction of the Papalins.

The secondranke hauing made an end of speaking, for obseruation of the

promise made to Loraine, not to handle the mariage of Priests in his absence, they changed the order, and made the fourth ranke speake next. Iohn Ʋer∣dun, handling the seuenth Article of the degrees of affinitie and consangui∣nitie, passed immediatly from it, and came to the matter of dispensations, and seemed to haue none other aime, then to contradict Frier Adrian, labou∣ring to weaken the Popes power. First hee expounded the places of Saint Paul, That the Ministers of CHRIST are the dispensers of the mysteries of God, and of the Gospel, and said the glosse was contrary to the text. For the place doth not prooue a dispensation, that is, a disobligation from the Law, but a publishing and declaring the diuine mysteries, and the word of God, which is perpetuall, and remaineth inuiolable for euer. Hee granted, that in humane lawes a dispensation might lie, in regard of the law-makers imper∣fection, who could not foresee all cases, and, making generall lawes, must needes reserue power to him that gouerneth the Common-wealth, because of Sundrie occurrences, which may bring acceptions in particular matters. But where God is the Law-giuer, from whom nothing is concealed, and by whom no accident is not foreseene, the law can haue no exception. There∣fore the law of God and Nature ought not to be called a written Law, which in some cases ought to bee expounded, and made more gentle, but all that Law is euen equitie it selfe. In humane lawes, in which some cases by rea∣son of particular accidents, if they had been foreseene, would not haue been comprehended, a dispensation may well bee granted. But the dispencer cannot, in any case, free him that is bound, and if hee denie a dispensation to him that deserueth it, the partie refused shall notwithstanding remaine without all obligation. That the world hath conceiued a wrong opinion, that to dispence, is to bestow a fauour, and that the dispensation is requisite to be giuen, as any other part of distributiue iustice to bee exercised; that the Prelate doth offend if hee giue it not to whom it is due. And, in summe, he said, that when a dispensation is desired, either the case is such, as, if it had been foreseene, it would haue been excepted, and here there is an obligation to dispence, or would haue been comprehended, though it had been thought on by the Law-maker, and to this the power of dispensing is not extended. Hee added that flatterie, ambition, and auarice haue perswaded, that to dis∣pence is to bestowe a fauour, as the master would doe to his seruants, or one that giueth of his owne. The Pope is not Lord, and the Church a seruant, but hee is seruant of him who is spouse of the Church, and by him set ouer the Christian familie, to giue, as the Gospel saith, to euery one his owne mea∣sure, that is, that which is due vnto him. And, in conclusion, hee said, that a dispensation was nothing but a declaration or interpretation of the Law, and that the Pope could not, by dispencing, vnbinde any that was bound, but declare onely to him that is not bound, that hee is exempted from the Law.

The last day but one of February, the Cardinall of Loraine returned to Trent, hauing remained fiue dayes in Ispruc, which hee sent in continuall * 1.128 negotiation With the Emperour, King of the Romans, and their Ministers. At his returne he found the Popes letters to him; in which hee said, that hee did desire a reformation should bee made and not deferred any longer, and

that they might haue time to labour therein, the words of the decree of Order, which were in difficultie, should bee taken away. The Cardinall did publish these letters purposely in Trent, where it was generally knowen that the Legates had a contrary Commission. But the Papalins vsed all diligence to find what businesse the Cardinall had by meanes of those who were in his company and in particular, what resolution was taken concerning the seuenteene Articles; and the rather because Count Fredericke Massei, who came from Ispruc but the day before related that the Cardinall was euery day in priuate conferrence, more then two houres, with the Emperour and King of the Romans. The Frenchmen made show to vnderstand nothing of the Articles, and said that none of the Dutch diuines had treated with the Cardinall but Staphilus onely who presented him with a booke which hee had made in matter of residence, and Canisius when hee went to see the Colledge of the Iesuites, that the Diuines had not spoken to the Emperour, but onely when going to see the Librarie, they ouertooke him and the King his sonne, who demanding what they thought concerning the grant of the Cup the Abbat of Claneual, who was first of them, answered, that he thought it could not be granted; then the Emperour, turning to the King of the Ro∣manes, spake this verse of the Psalme in Latin; Fourtie yeeres haue I endured this generation, and haue alwayes found them to erre in their will.

But Loraine, in visiting the Legates, said nothing, but that the Emperour was very well and zealously affected towards the Counsel desiring it might produce some fruit, and that if occasion were, he would assist in person, and goe to Rome also, to pray the Pope to haue compassion of Christendome, and to suffer a reformation to be made, which might not diminish his autho∣rity, to which he bare exceeding great reuerence nor would haue any thing spoken of touching his Holinesse and the Court of Rome. But to others in priuat he said, that if the Councel had beene gouerned with that wisedome as was conuenient, it would haue had a sudden and prosperous end; that the Emperour was resolued, that a good and a strong reformation should bee made, which if the Pope would continue to crosse, as hitherto he had done, some great scandall would ensue, that his Maiestie purposed to goe to Bolo∣nia, in case the Pope came thither, with desseigne to receiue the crowne of the Empire; and such other things.

It is not to bee doubted, that the Cardinall spake of the affaires of the * 1.129 Councel, and informed the Emperour of the disorders, and deliuered his o∣pinion what remedies might be vsed, to oppose the Court of Rome, and the Italian Prelates of Trent, to obtaine in Councel the communion of the Cup, the mariage of Priests, the vse of the vulgar tongue in holy matters, the re∣laxation of other precepts of positiue law, a reformation in the Head and the members, and a meanes to make the Decrees of the Councel indis∣pensable, and how in case they were not able to obtaine, they might haue a colourable occasion to iustifie their actions, if, of themselues, they should make prouision for the necessities of their people, by making a Nationall Councel, assaying also to vnite the Germans with the French-men, in mat∣ters of religion. But this was not his negotiation onely. For he treated a mariage also, betweene the Queene of Scotland and the Arch duke Ferdi∣nand,

the Emperours sonne, and another betweene a daughter of his Maie∣stie and the Duke of Ferrara, and to find a meanes to compose the diffe∣rences of precedence betweene France and Spaine, which things, as dome∣sticall, doe touch Princes more neerely then the publique.

After the returne of Loraine the Congregations continuing, Iames Alan, a French Diuine, entred likewise into the matter of dispensations, and sayd, that authority to dispence was immediately giuen to the Church by Christ, and by it, distributed to the Prelates, as neede required, according to times, places, and occasions. Hee extrolled the authority of Generall Councels, which represent the Church, and diminished the Popes, adding that it be∣longeth to the Generall councel to enlarge or restraine it.

The second of March, the Cardinall of Mantua, hauing beene sicke a few, * 1.130 daies, passed to another life; which was cause of many mutations in Coun∣cel. The Legates did presently send aduice hereof to the Pope; and Seri∣pando, who remained prime Legate, beside the common letter, wrote in par∣ticular, that he would be glad his Holinesse would send another Legate, his superiour, to gouerne the Councel, or remooue him: but in case hee would * 1.131 leaue him prime Legate, he told him he would proceed as God should inspire him; and that otherwise it were better to remoue him absolutely. The Cardinall of Varmia wrote a part also, that his Church had great neede of the presence of a Pastor, and that the communion of the Cup was brought in, and other notable abuses, desiring leaue to goe thither, to make prouision heerein, and that generally in all Polonia, there was neede of a person, who might keepe the residue of the people in obedience, saying, he should doe the Apostolique Sea more seruice in those quarters, then he could by remaining in the Councel. But Simoneta, desirous that the weight of the whole busi∣nesse should lie vpon his shoulders; hoping to guide it with satisfaction of the Pope and his owne honour, considering that Seripando was satiated with it, and not inclined to gouerne it, and that Varmiense was a simple man, fit to beled, he wrot to the Pope, that, the affaires of the Councel being not in a good state, euery nouity would shake it much, and therefore did thinke fit to continue without sending other Legates, and promised a good issue.

In those dayes aduice came from Rome, that a cause of the Bishop of Sego∣uia, which was to be proposed in the Rota, was refused, and that one of the Auditors told his Proctor, that the Bishop was suspected of heresie. This made a great stir, not onely amongst the Spaniards, but all the Oltramontanes also, complaining that, in Rome, calumnies and infamies were raised against those who did not absolutely adhere to their wils.

The fourth of March the third ranke beganne to speake: and, for the fift Article all agreed that it was hereticall, and to be condemned; and so they did of the sixt. Yet there was a difference, because some said, that how∣soeuer the Orientall Church and the Occidentall did differ, in regard this did admit to Priesthood and holy Orders continent persons onely, and that did admit maried men, yet no Church did euer grant that Priests might marie and that this is so by Apostolicall tradition, not by reason of vow, or of any Ecclesiasticall constitution; and therefore that, absolutely, they were to bee condemned for heretiques, who say it is lawfull for Priests to marie, though

they restraine not themselues to the West, nor make mention of vow or law of the Church. And others said, that no disp〈…〉〈…〉 could bee granted for Priests to marry for any cause whatsoeuer. Some said that matrimonie was forbidde to two sorts of persons, for two causes. To secular Clerkes, in re∣gard of holy Orders, by Ecclesiasticall law; to regulars, in regard of their solemne vow. That the prohibition of mariage by constitution of the Church, may bee taken away by the Pope, or, in case that remaine in force still, the Pope may dispense with it. They alleadged the examples of those who haue bene dispensed with, and the vse of antiquitie, that, if a Priest did marry the mariage was good, but the man was separated from the Ministery; which hath continually beene obserued vntill the time of Innocenntius the 2. who, first of all the Popes, ordained that there should bee a nullity in the ma∣riage. But with those who are bound to continencie by solemne vow, this beeing de iure diuino, they said the Pope could not dispense. They alleadged Innocentius the third, who affirmed that the obseruation of chastity, and the abdication of the proprietie of goods, doth so cleaue to the bones of Munkes, that the Pope cannot dispense therein. Then they added the opi∣nion of Saint Thomas, and of other Doctors, who affirme, that the solemne vow is a consecration of the man to God, and that, because no man can make a thing consecrated to returne to humane vses, no man likewise can make a Munke to returne to the power of marrying, and that all Catholique Wri∣ters doe condemne Luther, and his sectaries of heresie, for saying that Munkship is an humane inuention; and doe affirme that it is by Apostolicall tradition: whereunto the opinion that the Pope may dispense, is directly contrary.

Others did maintaine that the Pope might dispense, euen with these also, and marueiled at those, who, granting the dispensation of simple vowes, did deny that of solemne, as if it were not most cleare, by the determination of Boniface the eigth, that euery solemnity is de iure positiuo, making vse also of the examples of things consecrated to prooue their opinion. For as a thing consecrated, remaining so; cannot bee imployed in humane vses, but yet the consecration may bee remooued, and the thing made prophane, whereby it may lawfully returne to a promiscuons vse, so a man consecrated to Munk∣ship, remaining so, cannot marry, but, the Munkship and consecration, ari∣sing from the solemnity of the vow, which is de iure positiuo, being remoued, hee may, without any hinderance, liue as others doe. They brought pla∣ces of Saint Austin, by which it doth manifestly appeare, that in his time, some Munkes did marry. And howsoeuer it was thought they offended in it, yet the mariage was lawfull, and Saint Austin reprehendeth those who did separate them.

They said moreouer it was necessary to dispense with Priests, or to take away the precept of continencie. And the Duke of Bauaria hauing sent to Rome, to demaund of his Holinesse the Communion of the Cup, requested also that married men might haue leaue to preach, vnder which name all the Ecclesiasticall ministery was vnderstood, exercised by Parish-Priests, in the cure of soules. Many reasons were alleadged to perswade the graunt, which were resolued into two; scandall giuen by incontinens Priests, and

want of continent persons, sit to exercise the ministerie. And the famous saying of Pope Pins the second, was in the mouth of many that Priests were by the Occidentall Church forbid to marry for good reason, but there was stronger reason to restore mariage to them againe. Those of the contrary opinion said, that it is not the part of a wise Physician to cure one disease; by causing a greater, that if Priests are in continent and ignorant, yet the Priest-hood is not to bee prostituted to 〈…〉〈…〉d 〈◊〉〈◊〉 And here many Popes were alleadged, who did not permit it; because they said it was impossible to at∣tend to the flesh and to the spirit, and that 〈◊〉〈◊〉 〈◊〉〈◊〉 was a carnall estate; that the true remedie was to make prouision of continent and learned per∣sons, by education, by diligence, by rewards and punishments, and, in the meane time, not to ordaine any but m••n of an approoued life; and, for do∣ctrine to cause Homilies and Catechismes to bee printed in the Dutch and French tongues, composed by learned and religios men, to bee read to the people out of the booke by the〈…〉〈…〉 learned Priests, by which meanes the Parish Priests, though vnsufficient, might satisfie the people.

The Legates were blamed for suffering this Article to be disputed; as being dangerous; because it is plaine that married Priests will turne their affections * 1.132 and loue to their wiues and children, and by consequence to their house and Country, so that the strict dependance which the Cleargie hath on the Apo∣stolike Sea, would cease, and to grant mariage to Priests, would destroy the Ecclesiasticall Hierarchie, and make the Pope to bee Bishop of Rome onely. But the Legats excused themselues, that, to please the Bishop of Fiue Chur∣ches, who had made this request in the name of the Duke of Bauaria, and of the Emperor also, & to make the Imperialists not to be so earnest in the mat∣ter of reformation, which was of more importance, they were forced to yeeld to this disputation.

The French-men, perceiuing it was the more common opinion that the mariage of Priests might bee dispensed with, consulted together whether it were fit to demaund a dispensation for the Cardinall of Borbon, as Loraine and the Ambassadours had commission. Loraine was of opinion, that it was not fit; saying, that, without doubt, the Councell would hardly be perswa∣ded that the cause was reasonable, and vrgent, in regard it was not necessary he should haue posterity, the King being young, there being two Brothers, and other Princes of the blood, Catholikes: and for gouerning, during the minoritie of the King; hee might doe it, remaining in the Cleargie, that, in regard of the differences betweene the French and Italians, about reforma∣tion, and the authoritie of the Pope and Bishops, their opposities would dili∣gently oppose this demaund; that it was better to go to the Pope, or expect a better occasion, and that it was sufficient for that time, to prouide that no doctrine should be established in preiudice of it. Some thought that Loraine did not like, in his priuate opinion, that Borbon should marry, in regard it might cause an emulation, or diminution of his house; but others did not thinke it probable. First, because by this meanes all hope was taken from ••onde, whom he ••••ist••••sted much more; yea that hee did much desire that Borbon should returne to the secular state, that himselfe might be the prime 〈…〉〈…〉 France, and that, if a Patriarke were made, as hee much desired, hee

might vndoubtedly be the man, which could not bee, if Borbon did still re∣maine in the Cleargie.

The Pope hauing receiued aduice of the death of Mantua, and consulted with his inward friends, thought it necessary to send other Legats, who be¦ing new, not intangled with promises and treaties, might follow his instru∣ctions with more ease. And therefore the seuenth of March, the second Sunday in Lent, not intimating a Congregation, as hee was wont, but the * 1.133 Cardinals being assembled in the Chamber where they put on their robes to goe to the Chappell, according to the vse, hee stayed, and, excluding the Courtiers, caused the doores to bee shut, and created Legats, the Cardinals, Iohn Morone, and Bernardus Nauaggerus, that, by the perswasions of Princes or Cardinals, he might not bee forced to name others that pleased him not. The Pope thought to doe it secretly; but it came to the eares of the French-men, and the Cardinall of Bordissiera spake to the Pope before hee went out of the Chamber, and told him many reasons, that, in case hee would create new Legats, hee could not commit the charge to a more worthy person then the Cardinall of Loraine. But the Pope being resolute, and displeased that the matter was not so secretly carried, answered freely, that the Cardinall of Loraine came to the Councell as Head of one of the pretendent parties, and that he would depute those who were Neutrals, and without interests. The Cardinall being about to reply, the Pope made haste away, and went downe out of the Chamber so fast, that there was not time to make answere. The Congregation being ended, the Pope let the Cardinals goe to the Chappell, and himselfe returned to the Chamber, because hee would not bee in cere∣monie, when he was so much vexed with the words of that Cardinall.

The ninth of March newes came to Trent, that the Duke of Guise, bro∣ther * 1.134 to the Cardinal of Loraine, as he returned from the trenches vnder Or∣lience, was shot, by Iohn Poltrot, a priuat Gentleman of the reformed religion, and sixe dayes after died, to the great discontent of all the Court, and that, after he was wounded, he exhorted the Queene to make peace, and said open∣ly, that he was an enemie to the kingdome who was against it. The Homi∣cide being interrogated of his complices, named Coligni, the Admirall, and Theodore Beza, and afterwards excused Beza, but perseuered in accusing the other. Yet hee wauered so, that one could not tell what to beleeue. The Cardinall aduertised hereof, prouided a greater guard then formerly hee had: and, being exceedingly grieued for the death of his brother, who was so deare vnto him, first of all hee wrote a consolatorie Letter to Antoniette de * 1.135 Borbon, their common mother, full of exquisite conceits, to bee compared, or rather as his friends said, to bee preferred to those of Seneca, in the end whereof hee said, hee was resolued to goe to his Church of Reims, and to spend the residue of his life in preaching the word of GOD, instructing the people, bringing vp his brothers children in Christian pietie, and neuer to cease performing of these offices, but when the Kingdome, for some publike affaires, had need of his paines. The Letter was no sooner parted from Trent, but the Citie was full of copies of it, rather importunely offered by his friends, then requested; so hard it is for the affection of selfe loue to bee quiet, though in the occasion of greatest sorrow. After this, the Cardinall,

thinking of the change of things by this variation, altered all his desseignes. And this caused a change also in the affaires of the Councell. For hee being the man which the Emperour and Queene of France had, vntill then, whol∣ly employed, they were forced, for want of so fit a minister, to bee more re∣misse in their purposes, and to proceed more slowly. But it happeneth in humane affaires, as it doeth in fortunes at Sea, where, the windes being cea∣sed, the waues doe tumultuate, for some houres after. So the great weight of the affaires of the Councell could not easily be appeased, in regard of their former impetuous motion. But it is certaine, that the death of that Duke * 1.136 was a great beginning of the quiet which succeeded some moneths after, especially after the death of the other brother, great Prior of France, and the peace made with the Hugonots, and the instances of the Queene to the Car∣dinall to make his peace with the Pope, and returne into France: of which things wee will speake in due place. Hereby the Cardinall saw, that the af∣faires as they stood, would not bee profitable, neither for himselfe, nor his friends.

The death of Guise was lamented both in Trent and Rome, because euery one thought hee was the onely maintainer of the Catholique partie in the kingdome of France; neither did it appeare what other person could suc∣ceed, in supporting that weight; the rather, because euery one was daunted by the example of his death. The French Prelats in the Councell were trou∣bled in minde, because they vnderstood that an accord was treated with the Hugonots, who pretended, amongst other things, that the third part of the Ecclesiasticall reuenues should bee employed for maintenance of the refor∣med Ministers.

In this varietie of businesses, and perplexitie of mindes, Fiue-Churches returned to Trent, and, with the other Ambassadours of the Emperour, had audience with the Legats, and presented to them the Emperours letter which * 1.137 hee brought, and the copy of another written by his Maiestie to the Pope. They all made request for the reformation, but in generall termes onely, and very remissely. The Emperours letter to the Legats, did signifie his desire to see some fruitfull proceeding of the Councell, for which it was necessary to remooue some impediments, whereof hauing written to the Pope, he prayed them to labour in Councell, and to vse perswasions to his Holinesse, that the future progresse might be for the seruice of GOD, and benefite of Christen∣dome. In his letter to the Pope hee said, that, hauing dispatched great busi∣nesses with the Electors, and other Princes and States of Germanie, nothing was more precious vnto him, being Aduocate of the Church, then to promote the affaires of the Councell; that hee was come to Ispruc for that cause, where, to his griefe, he vnderstood that matters did not proceed as he hoped, and as the publike tranquillitie did require; that hee feared, if better order wer not taken, the Councell would end with scandall of the world, and laughter of those who had forsaken the obedience of the Church of Rome, who would bee incited to retaine their opinions with greater obstinacie, there had beene no Session held of a long time; that while Princes did la∣bour to vnite the aduersaries differing in opinions, the Fathers came to con∣tentions, vnworthy of them; that there was a fame that his Holinesse meant

to dissolue or suspend the Councell, perhaps mooued thereunto by the pre∣sent state thereof: but that his opinion was to the contrary. For it had beene better it had neuer beene begun, then left vnperfect with the scandall of the world, contempt of his Holinesse, and of the whole Clergie, preiudice of this and other future generall Councels, losse of that small remainder of Ca∣tholiques, and opinion of the world, that the end of the dissolution or sus∣pension was onely to hinder the reformation; that, in the intimation of it, his Holinesse did desire his consent, and of other Kings and Princes, which he did, in imitation of his predecessors, who alwayes haue thought it neces∣sary, for many respects; that the same reason doth conclude, that it cannot be dissolued or suspended without the same consent. And he exborted him, not to hearken to those who would haue him to dissolue it, a thing shamefull and vnprofitable, which vndoubtedly would be a cause of Nationall Councels, so much abhorred by his Hol. as contrary to the vnity of the Church, which as they haue been hindred by Princes to preserue the Popes authoritie, so they cannot be denyed, or deferred any more. Hee perswaded him to maintaine the libertie of the Councell, which was impeached principally by three cau∣ses. One because euery thing was first consulted of at Rome, another, because the Legats had assumed to themselues onely the libertie of proposing, which ought to be common to all; the third, because of the practises which some Prelats, interested in the greatnesse of the Court of Rome, did make. He said, that a reformation of the Church being necessary, and the common opinion being, that the abuses haue their beginning and growth in Rome, it was fit, for common satisfaction, that the reformation should bee made in Councell, and not in that Cittie. And therefore desired his Holinesse to be content that the demands exhibited by his Ambassadours, and by other Princes, might be proposed. In the conclusion, he told him, hee purposed to assist in Councell personally, and exhorted his Holinesse to doe the like.

This letter was dispatched the third of March, and it gaue much offence * 1.138 to the Pope. For hee thought that the Emperour did embrace much more then his authoritie did reach vnto, and passed the termes of his Predecessors, men more potent then himselfe. But he was displeased more when hee was aduised by his Nuncio, that hee had sent copies of the same Letter to other Princes, and to the Cardinall of Loraine also; which could bee done to no other end, but to incite them against him, and to iustifie his owne actions. Besides, Doctor Scheld, great Chancellor to the Emperour, perswaded Del∣phinus, the Popes Nuncio in that Court, that he would be a meanes that the words, Ʋniuersalem Ecclesiam, might bee taken away, which did inferre the superioritie of the Pope aboue the Councell, saying, that these times did not comport they should be vsed, and that the Emperour and himselfe also did know, that Charles the fift, of happy memory, did hold the contrary opi∣nion in this article, and that they should take heed of giuing occasion to his Maiestie and other Princes to declare what they thinke 〈◊〉〈◊〉. The Pope considered that Loraine also had written, that it was not 〈◊〉〈◊〉 to 〈◊〉〈◊〉 the difficultie of the words, Ʋniuersalem Ecclesiam, &c, and the aduice which came from Trent, that the Cardinall said, that neither himselfe, nor the French Prelats could endure them, that they might not ••an••nize an opinion, con∣trary

to all 〈…〉〈…〉ance, which, when men came to speake plainly in the discussion of this point, would haue more fauorers then was beleeued, & that they were deceiued who thought she contrary; which shewed clearely, that hee had treated hereof at the Emperours Court. These things considered, the Pope thought fit to make a good answere, and to send about also, to iustifie him∣selfe.

Therefore hee wrote, to the Emperour, that hee had called the Councell with the participation of him, and of other Kings and Princes, not because * 1.139 the Apostolike Sea had need, in gouerning the Church, to expect the con∣sent of any authority whatsoeuer, because hee had pleni••ude of power from CHRIST; that all the ancient Councels haue beene assembled by authori∣ty of the Bishop of Rome, nor any Prince euer interposed, but as a meere exe∣cutor of his will, hee had neuer had any purpose either to dissolue or to sus∣pend the Councell, but hath alwayes purposed to giue a compleat end; for the seruice of GOD; that, by consulting Rome of the same matters which were disputed in Trent, the libertie of the Councel was not only not hindred, but promoted rather, that no Councell was euer celebrated in absence of the Pope, but that hee hath sent instructions, which the Fathers haue also followed; that the instructions doe still remaine, which Pope Celestinus sent the Eph••sine Councell, Pope Leo to that of Chalcedon, Pope Agatho to than of Trullus, Pope Adrian the first to the second of Nice, Pope Adrian the se∣cond to the eighth generall Councell of Constantinople, that, for proposing in the Councell, it hath alwayes belonged to the Pope whensoeuer he hath bin present, yea, he alone hath resolued, and the Councell done nothing but ap∣prooue; that in absence of the Pope, the Legats haue euer proposed, or o∣thers, deputed by them; in conformitie whereof, the Councell of Trent hath determined, that the Legates should propose; that this is necessary for the keeping of order, in regard there would be a great confusion, if the Prelats, 〈…〉〈…〉iltuously and one against another, might set on foote matters seditious, and in conuenient; that the Legaes haue neuer refused to propose any thing that is profitable, that the practises, made by dide••s against the authoritie of the Apostolike Sea, hath much displeased him; that all the bookes of the Fa∣thers and Councels are full, that the Pope, successour, of Peter, and Vicar of CHRIST, is Rastor of the vniuersall Church, that many conuenticles and 〈◊〉〈◊〉 haue beene made in Trent, against this trueth, how soeuer the Church hath alwayes vsed this forme of speech, as his Maiestie might feel 〈◊〉〈◊〉 the place which he sent him cited in a paper inclosed, 〈…〉〈…〉 present * 1.140 〈◊〉〈◊〉 haue 〈◊〉〈◊〉 because his Legates, vsing 〈…〉〈…〉 bad 〈◊〉〈◊〉 〈…〉〈…〉g take occasion to speake against the libert of the Councell, had 〈…〉〈…〉 to bee contemned, so that the Councell might be•• 〈…〉〈…〉 that; for reformation, hee de〈…〉〈…〉 it should 〈…〉〈…〉 and absolute, and hath continually solli••••ted his Legates to resolue vpon 〈◊〉〈◊〉, concerning the Court, the world knew how any pro∣〈…〉〈…〉 with the diminution of his rents, and that, if any thing 〈…〉〈…〉 Would no〈…〉〈…〉 it, that 〈◊〉〈◊〉 could not bee done in 〈…〉〈…〉, being no•• informed well, instead of reforming, would 〈◊〉〈◊〉 more, that, in the meane while, hee desi••ed to second it 〈…〉〈…〉

formation in other Courts also, which had no lesse neede of it, in the affaires of the Church onely, and that perhaps from the abuses therein the euill doth principally arise; that, concerning the petitions proposed by his Maiesties Ambassadours, and others, he hath alwayes written they should be examined and discussed, each of them in its fit time, and that an oder being instituted, and continued to handle in Councell matters of faith, and reformation of the abuses concerning them, both together, it could not be altered, without confusion and indignitie; that his Maiestie hauing touched diuers disorders of the Councell, had omitted the principall, and fountaine of the others, which is, that those who ought to receiue law from Councels, would giue it vnto them; that if the pietie of Constantine, and the two Theodosi••j were imitated, and their examples followed, the Councell would haue had no diuision betweene the Fathers, and been in great reputation with the world; that he desired to assist personally in Councell, to remedie the disorders thereof, but in regard of his age, and of his important affaires, it was inpos∣sible for him to goe to Trent, and would not speak of translating it to a place whither he might goe for feare of giuing suspicion.

The Pope thought that the interests of the Emperor and of France could not be vnited with his, and therefore could promise himselfe but little, and hope lesse of them. For they did not thinke of the Synode but for the inte∣rests of their estates, & therefore did desire nothing from it but what might giue satisfaction and contentment to their people, and in case they cannot obtaine it, to hinder the ending of the Councell, and so to keepe their sub∣iects still in hope. But these interests could not mooue the King of Spaine, whose people are Catholikes, and therefore he might conforme himselfe to his wil, without preiudice to his states, yea that it was good for him to stand vnited with him, that he might obtaine graces; and therefore he thought it necessarie to solicite him, with continuall perswasions, and to giue him hope of all satisfaction. And Lewis d' Auola did opportunely arriue in Rome, sent expresly by his Catholike Maiestie. The Pope honoured him aboue measure, lodged him in the palace, in the roomes formerly inhabited by Count Fre∣deric * 1.141 Boremeo, his nephew, and vsed him with all effectuall courtesie. The causes of his comming were, to obtaine of the Pope a prorogation for fiue yeeres more of the Subsidie of the Cleargie, graunted vnto him, and power to sell fiue and twentie thousand crownes of the Fees of the Churches. Hee had commission also to procure a dispensation of marriage betweene the Princesse, Sister of the King and his Sonne Charles, which, in Spaine, was thought easie, because many, euen priuate men, were dispensed with to mar∣rie the daughter of their brother or sister, which is as much as to take the sister of the father, Besides, Moyses and Aaron were borne of such a matri∣monie. For the mariage, the Pope said he would doe as much as his autho∣ritie would stretch vnto, and would cause the matter to be consulted on. But the Treatie did not proceede, in regard of the infirmitie of the Princesse which succeeded, and made her vnfit for marriage. Concerning the Sub∣sidie, and alienation, the Pope shewed a willing minde, but made difficulty to doe it while the Prelates were at charges in the Councell, promising to gratifie the King if hee would assist him to finish it, and to free him from it.

For matters of the Councell, Don Lewis did not proceed farre in the first au∣diences, onely he offered to procure the preseruation of the Popes authori∣tie, and exhorted his Holinesse not to treat a league betweene the Catholikes, least the heretickes should doe the like, and France runne headlong to any ac∣cord with the Hugonots.

In the meane while diuers assemblies were held in Trent: the Emperours Ambassadours called together the Spanish Prelates, in the house of the Arch-bishop of Granata, to perswade them to consent that the vse of the Cup might be granted in Councell, purposing to propose it againe: but they found them so auerse, that they were forced to bury it in silence. The Cardinall of Lo∣raine held many congregations with his Prelats and Diuines to examine the places, sent by the Pope to the Emperour, in the paper before mentioned, and by the Emperour to him, concerning the words, Vniuersalem Ecclesiam, to see whether they were iustly cited, and whether the true sence was giuen them, that they might, as they did, make another writing, in confutation of it. The Emperour gaue order that these places might bee imparted to the Spanish Prelates, that he might know their opinion; which Fiue Churches hauing done, when they were all assembled to this ende, Granata answered that his Maiestie needed not to haue taken such paines with them who doe receiue the Councell of Florence, but should aske the French-men, who receiue that of Basil. Vpon this occasion some of them, when Fiue Churches was gone from them, did perswade, that a letter should bee written to the Pope, to take from him the bad opinion hee had conceiued of them. But Granata refused, and said, it was sufficient that hee knew by their voyces that they were not opposite heerein; yet so, as it was not fit they should imitate the flatterie of the Italians. And hee vsed these very words. Let him restore vnto vs our owne, that wee may leaue vnto him more then is his; and it is not iust, that of Bishops wee should bee made his Vicars. Another day the Ambassadours of the Emperour and French King met to∣gether, to set downe an order that the Decree of residence, composed by the Cardinall of Loraine, might bee proposed: which neither they, nor Loraine could obtaine of the Cardinal of Varmia, and Simoneta, Seripando being sicke, and absent.

In the congregation of the seuenteenth of March, one of the Diuines, fin∣ding opportunitie to digresse from the continencie of Priestes to residence, spent his whole large discourse therein. Hee brought authoritie and exam∣ples to perswade that it was de iure diuino, and to answere that obiection, that many Canons and Decrees doe command it, which needed not, if it were commanded by God. Hee vsed this conceit, that Ius diuinum is the foun∣dation, or pillar of residence, and Ius Canonicum the Edifice or roofe, and that as the building is ouerthrowne when the foundation is remooued, and as the roofe falleth when the pillar is taken away, so it is impossible to preserue re∣sidence with Ius Canonicum onely, and those who ascribe it onely vnto that, haue no other ayme then to destroy it. Hee brought the examples of an∣cient times, noting that residence was exquisitely obserued by all, before any Canons or humane Decrees were made, because euery one held that hee was bound by God. But since that some haue perswaded themselues, that

there was no obligation but that which is deriued from humane Lawes, howsoeuer these haue often beene renewed, and fortified with penalties; yet all hath still growen worse and worse.

The same day Cardinall Seripando dyed, to the great griefe of all the Pre∣lates, and of all Trent, hauing in the morning receiued the Sacrament of the Eucharist, which hee tooke out of his bed vpon his knees. After that hee re∣turned into his bed, and in the presence of fiue Prelates, and of the Secre∣taries of Ʋenice and Florence, and of all his familie, hee made a long Orati∣on * 1.142 in Latin, vntill his spirits did faile him; hee confessed his faith, wholly confortable to the Catholique of the Romane Church; spake of the workes of a Christian, of the Resurrection of the dead, of the affaires of the Coun∣cell, recommending the progresse of it to the Legates, and the Cardinall of Loraine; but striuing to set downe the meanes, his spirit did faile him, and he sayd, that GOD had forbid him to proceede further, but that his Diuine Maiestie would speake himselfe in time and place: and so passed, without saying any more.

The Count of Luna wrote from the Emperours Court, to Martin Gusde∣lun, the Secretary, and sent a copy of a letter, written to him from the King, in which his Maiesty did aduise, that the Pope had complained to him of the Spanish Prelates; and howsoeuer hee beleeued that his Holinesse was not well informed, thinking that the Prelates would shew deuotion towards the Apostolique Sea, yet hee gaue order to the Count, that, at his comming to Trent, hee should cause them to fauour the Pope, as farre as their consci∣ence could permit, and so to carry themselues, that his Holinesse might not haue cause to complaine of him. And to this purpose the Count wrote also to Granata, Segouia, and Leon.

The eighteenth of March, in which no Congregation was held, by rea∣son of the obsequies of Seripando, the French Ambassadours appeared so∣lemnely before the two Legates, and complained that, these eleuen moneths, since the first day of their arriuall in Trent, vntill then, they had made knowen the desolations of France, and the dangers of Christendome, for the differences of Religion, and declared that the most vnecessary and principall remedie was a good intire reformation of manners; and s〈…〉〈…〉 moderation of positiue Lawes, and had alwayes receiued good hope, and gracious wordes, but could neuer see any effect of them; that the refor∣mation is auoyded, as much as is possible; that the greater part of the Fathers and Theologues are now more hard and seuere th〈…〉〈…〉, i•• 〈◊〉〈◊〉 yielding to the necessitie of the time; they prayed them to consider how many good men dyed, before they were able to doe any good worke for the publique seruice; whereof the Cardinals of M〈…〉〈…〉 and Seripando were examples; desiring them to doe something for the discharge of their conscience, while they had ti〈…〉〈…〉 The 〈◊〉〈◊〉 answered that they were displeased with this long deferring of matters 〈…〉〈…〉 〈◊〉〈◊〉 and Seripando were cause; that themselues 〈…〉〈…〉 so great a weight, praying them to expect 〈◊〉〈◊〉 and N〈…〉〈…〉 〈◊〉〈◊〉 would presently arriue. They were 〈◊〉〈◊〉 with the 〈…〉〈…〉 the 〈◊〉〈◊〉 ther, because the Imp〈…〉〈…〉 made instance 〈◊〉〈◊〉 would 〈…〉〈…〉

ly, expecting the negotiation of the Emperours Ambassadours in Rome, who together with Lewis 〈…〉〈…〉, made request to the Pope, that a generall re∣formation of the whole Church in the Head, and in the members, might bee made not in Rome, but in the Councell, and also that the Decree, that the Legates onely might propose in Councell should be reuoked, as contra∣ry to the liberty of the Ambassadours and Prelates, in propounding what they thought profitable, these for their Churches, and those for their States. * 1.143 This instance the Emperour the tight fit should be first made to the Pope and afterwards to the Councell.

Notwithstanding, these Princes were not absolutely of one minde. For howsoeuer Don Lewis made the same demands apart, yet afterwards, hee de∣sired the Pope to perswade the Emperour not to seeke the communion of the Cup, and marriage of Priests, saying, that the King had giuen com∣mission to his Ambassadour to goe to Trent, and perswade that it should not bee spoken of, or, if it were, that the Spanish Prelates should oppose it. Hee exhorted the Pope to endeuour to winne the heretiques by gentlenesse, not sending Nuncij, but vsing the meanes of the Emperour, and of other Princes of authoritie, to accept the demands of the Frenchmen, and to leaue the Councell free, that all may propose, and no practises bee vsed in making the resolutions. The Popes answere to the Ambassadours was, that the de∣cree, * 1.144 Proponentibus Legatis, should bee so expounded; that euery one might propose what he would, and that to the Legates, which parted lately, hee had giuen libertie to resolue all things, which might o••••urre in Councell, with∣out writing at all; that the reformation was desired by him, and that he had often made instance for it, and that, if the world would haue had it from Rome, it should haue beene done by this time, and put in execution also; but seeing they would haue it from Trent, if it were not effected, the cause ought to bee as〈…〉〈…〉ed onely to the difficulties which were amongst the Fathers, that hee desired to see an end of the Councell, and did procure and solli∣cite it, nor had euer any thought to suspend it; that, in conformitie hereof, hee would write to the Legates, and did write, that the Decree, proponenti∣bus Legatis, was made to take away confusion; but that his will was, that 〈◊〉〈◊〉 of the Prelates should bee hindered to propose what hee thought fitte and that they should dispatch the 〈◊〉〈◊〉, according to the voyces of the Fa∣thers, without expecting any order from Rome. But this letter was to giue satisfaction, and not to worke any effect. For Morone, the prime Legate, * 1.145 had instructions apart, to giue a 〈◊〉〈◊〉 to the orders also which should come from Rome.

The Pope answered Don Lewis in particular, that hee had opened the Councell upon promise of his Maiestie that hee would protect it, and pre∣••••rue the authoritie of the Apostoli〈…〉〈…〉 Sea, but that he found hee was decer∣ted, in regard he had 〈…〉〈…〉 his Prelates, then from 〈5 lines〉〈5 lines〉

he was not pleased it should haue license, nor be in seruitude to those Princes, who preach liberty, and are desirous to command, that euery one made re∣quest to him for the libertie of the Councell, but hee did not know whether they had all well considered of what importance it would bee, if the Pre∣lates had the raines laid on the necke; that howsoeuer there were amongst them, some men excellent for integrity and wisedome, yet there were of those also, who wanted either one of them or both; all which would bee dange∣rous if they were not kept in order, that perhaps it did least of all concerne him to thinke of it, because, his authority being grounded vpon the promi∣ses of God, hee did trust in those; that Princes had more neede to beware, in regard of the preiudices which may ensue, and that, if the Prelates had such superfluous liberty, perhaps his Catholique Maiestie would haue cause to bee sorie for it, that, for reformation, the impediments did not proceede from him; that he would continue to deferre the demands of Princes concerning the communion of the Cup, and mariage of Priests, desiring his Maiestie to consider, that as hee dissented from others in these particulars, so in euery thing else there are some who make requests for it, and others who oppose. Hee concluded, that it was in the power of his Maiestie to see a fruitfull, and a sudden end of the Councell, from which so soone as hee was free, hee might promise himselfe all fauour from him.

The twentieth of March, the Diuines made an end of the Articles of Ma∣trimony; and the Legates consulted priuately, whether it were good to pro∣pose the doctrine, and canons thereof in the congregations of the Fathers. But, considering that the French-men and Spaniards would oppose, and that greater controuersies might be raised then euer were, and that if they should propose the abuses onely, they should giue the Emperours and French Am∣bassadours fit occasion to enter againe into the matter of reformation, they were much perplexed what to doe. Ʋarmiense thought good to make triall, to accommodate some of the difficulties: but Simoneta▪ feared that some great preiudice might ensue, in regard of the instability of his colleague; and attributing the blame of all the disorders, which haue hapned in Coun∣cell, to the two Legates dead, who proceeding in the matter of residence ra∣ther according to their owne opinion, then the necessities of the Church, haue, by too much integrity, caused all the mischiefe, and sayd it was not fit to put themselues in danger of raising greater, and therefore did not consent that any of them should bee spoken of. Finally, they concluded to intermit all discussions, vntill the comming of the new Legates. In the meane time, * 1.146 Loraine resolued to goe to Ʋenice, to recreate his mind possessed with griefe, for the death of his brother, the great Prior, which also had reuiued his for∣mer sorrow, for the death of the Duke, his other brother.

The difficulties which were spoken of, were sixe. One concerning the * 1.147 Decree, made long before, that the Legates onely should propose. 〈◊〉〈◊〉. Whe∣ther residence were de iure diuino. 3. Whether Bishops are instituted by CHRIST. 4. Concerning the authority of the Pope. 5. To ••ncrease the number of the Secretaries, and to hold an exact account of the Suffrages. 6. (Which was of most importance) concerning the generall reformation: which I was willing to repeate 〈…〉〈…〉, as a recapitulation of that wherein the

Councel hath beene troubled vntill this time, and a pro〈…〉〈…〉 of the troubles which shall be related hereafter.

The newes was now stale in Trent, of the instance made in Rome to the Pope. For the Emperours Ambassadours and the French, had published it should be done, and that afterwards they would make the same requests to the Councel. The Cardinall of Loraine, who was wont to speake variously, said, that if those Princes did receiue satisfaction, by proposing their petiti∣ons of reformation, and the reformation made, without diminution of the Popes authority, those instances would immediatly cease. And hee added afterwards, that the Pope might haue a good proceeding in the reformation, and a quicke dispatch of the Councel, if hee would declare himselfe plainely what points hee would not haue to bee discussed, that they might labour in discussing the others; by which meanes the contentions would be taken a∣way, which haue caused all the delayes. For some, who desire to shew their af∣fection to his Holinesse, supposing that a part of those petitions may be pre∣iudiciall to the Apostolique Sea, doe oppose them all: and others, denying that any of them doe preiudice, doe cause the businesse to bee drawen in length. But if his Holinesse would declare himselfe, the difficulties would cease. The Emperours Ambassadours gaue a copie to many in Trent, of his Maiesties letter to the Pope; which made the Legates resolue to spread also the copie of the letter which themselues had written in answere to the Em∣perour, when hee sent them that which hee had written to the Pope; which letter beeing composed according to the instructions sent from Rome, did containe the same conceipts, as the letters of his Holinesse did.

The Pope, comparing the propositions of all the Ambassadours with the speech of Loraine, whereof aduice was sent him, was so much the more resolute, not to consent to the propositions of reformation, made by the French-men. And indeed, not onely a person of a great spirit, and experien∣ced in the world, as the Pope was, but euery meane capacitie might disco∣uer the cunning vsed, to draw him into the net, in case he had not beene wa∣rie. He considered, that to say he should declare which of the petitions did not please him, did signifie nothing but that, by suffering the others to be dis∣cussed, hee should leaue a way wide open to bring in the others afterwards, which were to his preiudice. And who could doubt that to obtaine the first would not bee an end, but a degree to passe to that at which they aymed; and that to release the Ecclesiasticall precepts, belonging to thrites, as the communion of the Cup, marriage of Priests, vse of the Latin tongue, which seeme, at the first view, not to derogate from the Popes authoritie, would notwithstanding cause immediatly a totall destruction of the foundations of the Church of Rome. Some things make a faire shew, and seeme that they may bee admitted without losse; but a wise man must consider the conclusion of things, rather then their beginning. Being therefore resol∣ued to stop these first passages, and considering what other remedies there might bee, hee returned to his first cogitations, that the King of Spaine had neither interest; nor any affection to prosecute the instances made, that the Emperor and French men did 〈…〉〈…〉bour in them, hoping by this meane•• to satisfie their people, and to appease the discords; not knowing that the

heretikes doe inculcate the reformation that they may haue a pretence for their separation from the Church, and would not bee reduced though it should be made. Hee thought therefore, that if the Princes were made to vnderstand this, they would abandon their instance, and suffer the Councell to end quietly. Wherefore he wholely bent his endeuours to ouercome the difficulties, by this meanes. And considering well all respects, he thought it more easie to perswade the Emperor, who could determine of him selfe, and was of a more gentle and sweete disposition, farre from any cunning, and not intangled with warre, whereas in France, the King being a child, many that were partakers in the gouernment, vsing many artifices, and hauing diuers interests, it would be very hard to doe any good. Where-vpon he re∣solued that Cardinall Morone before he entred into the affayres of the Coun∣cell, should goe to the Emperour for this end. And remembring what Lo∣raine * 1.148 said in Trent, that the Emperour would goe to Bolonia to receiue the Crowne, he resolued to try whether he could induce that Cardinall to bee a mediatour herein, and so to translate the Councell to that Citie. He gaue or∣der to the Bishop of Vintimiglia to insinuate with him, and to perswade * 1.149 him to it; and, to giue him a meanes of entrance, he caused Boromeo to giue him commission, to condole with him, for the death of his brother the great Prior.

But before this order came, the Cardinall was gone for Padua. The Bi∣shop therefore conferring with Simoneta, concluded that the importance of the matter did not admit any losse of time, nor could bee negotiated but in presence. Wherefore he resolued to follow him, pretending to see a Nephew of his, who was very sicke in Padua. Being come thither, hee visited the Cardinall, presented the letters of Boromeo, and condoled with him making no shew of any other businesse. Talking together, the Cardinall demaun∣ded what newes there was in Trent, since his departure, and whether Cardi∣nall Morone would goe to the Emperour, as was reported. After many dis∣courses on both sides, the Bishop began to put him in minde that his Excel∣lencie had formerly told him in Trent, that, in case the Pope would go to Bo∣lonia, the Emperour would goe thither also, and would make it an occasion to receiue the Crowne, which would turne to the great aduantage of his Holinesse to maintaine the possession of coronation, which Germanie did op∣pugne. The Cardinall affirming this againe, the B. added, that hee had then sent aduise therof to Rome, and now had receiued an answer by which he did conclude that a very faire occasion was presented to his Excellencie of doing much good to the Church of GOD, by labouring to bring so profitable a disseigne to effect. For in case he could perswade his Maiestie to go to Bolonia, calling also the Councell thither, he might assure himselfe that his Holinesse would resolue to be there likewise, and that, by the assistance of them both, the affaires of the Synod would haue a quicke dispatch, and a happy successe. The Cardinall desired to see what was written to him; and the Bishop, ma∣king demonstration to proceede freely with him, shewed him the letters of Cardinall Boromeo, and a writing of Ptolemeus Gallus; the Popes Se∣cretarie.

The Cardinall hauing read all, answered, that at his returne to Trent, bot

should better vnderstand the Emperors mind, and what answere the Pope had sent to his Maiestie, whereby hee might resolue better, and would not faile to bestow his paines, if there were occasion. The Bishop replying, that he might plainely vnderstand the Popes mind, by the letters which he shew∣ed him, and that there was no cause to expect better information, the Cardi∣nall entred into other discourses, neither could the Bishop, though he often returned to the same matter, draw any other answere from him. Hee sayd indeed, that the Emperour had spoken of his going to Bolonia, because the Pope had told him of his purpose to make the reformation; but seeing that it is now plaine, by long experience, that howsoeuer his Holinesse promi∣seth many things, yet nothing is executed in Councell, his Maiestie and other Princes do beleeue, that hee hath no true meaning of performance, and that, otherwise, the Legates would not haue failed to haue executed his will. Hee sayd the Emperour was not satisfied, for that the Pope hauing, in Ianuary, shewed a purpose to go to Bolonia, was cooled on the sudden, and that when his Maiestie told him of of his desire to assist personally in Councel, his Holi∣nesse laboured much to diswade him, vsing his wonted varietie of speeches. He said also that the Emperour would not resolue to goe into Bolonia, lest he should displease the Princes, who might doubt; that when he was there his Holinesse would gouerne all after his owne manner, & conclude the Synode as he listed, without making any reformation. He said he had receiued aduise of the instance, made by Don Lewis d' Auila in the name of the Catholique King, and was glad to heare it. And speaking at large of the particulars, hee added, that it was necessarie it should bee performed, euen from Al∣pha to Omega, and that it was fit to remooue from the Councell fiftie Bi∣shops at the least, who doe alwayes oppose all good resolutions. Hee sayd that formerly he thought there were more abuses in France, then else where, but now he knew that there were enough in Italy also. For the Churches are in the hands of Cardinals, who, ayming at profit onely, doe wholly aban∣don them, and leaue the cure to a poore Priest; by which meanes the Churches are ruined, and Simonies, and an infinitie of other disorders com∣mitted. For remedie whereof, the Princes and their ministers did proceed moderately, hoping that, at the last, the desired reformation would be made. That himselfe also had proceeded with respect; but now, seeing that it was time to labour in earnest for the seruice of GOD, hee would burthen his conscience no more; but, in the first voyce hee should giue, was resolued to speake hereof. That his familie had suffered, as euery one knoweth, the losse of two brothers; that himselfe would spend his blood in the same cause, though not in Armes, as they did; that his Holinesse ought not to hearken to those who would diuert him from so pious an intention, but to resolue to obtaine a reward at the hands of GOD, by the merit of remouing the abuses of the Church. Hee sayd also, that, when the new Legates came, who no doubt would be well informed of the Popes minde; it would hee knowne what his purpose was concerning the reformation, in regard they could haue no cause to delay it, if they meant to make it at all. And howsoeuer the Bishop did often assay to bring him backe to speake of the iourney to Bo∣lonia, yet hee alwayes turned the discourse another way. Vintimiglia sent ad∣uice

of all to Rome, and gaue his censure, I that, howso euer the Car〈…〉〈…〉 had heere to fore made mention of this iourney, his mind was contrarie, and spake it only in cunning, to discouer the intention of his holinesse and of the County and that he was glad he had found his purpose. For if he had promised to labour herein, he might haue prolonged the businesse, and caused diuers pre∣iudiciall inconueniences to arise.

Aduise came to Rome that, the French King had made peace with the * 1.150 Hugonots, the particular conditions being not knowen as yet. And the Pope thinking it proceeded from some Prelats, who, though they did not openly declare themselues to be Protestants, yet did follow that party, hee resolued to discouer them, and was wont to say, that he was wronged more by the masked heretiques, then by the bare-faced. Whereupon, the last of March, hauing caused first the Emperours letter written to him to be read, as also his owne answere, he passed from that businesse, and related the confusions of France, adding, that the Cardinall Chastillion, hauing changed his name of Bi∣shop of Beauuois, into Count of Beauuois, had also pronounced himselfe de∣priued of the Cardinals Hat, all the disorders to him, to the Arch-bishop of Aix, the Bishop of Ʋ〈…〉〈…〉 and some others. Which things, how soeuer they were notorius, and needed no further proofe to come to the declaration thereof, yet he gaue order that the Cardinals, who gouerned the Inquisition, should proceed against them. The Cardinall of Pisa answering, that there was need of proper and speciall authoritie, the Pope ordained, that a new Bull should be made, which was dated the seuenth of April, and contained in substance; That the Pope of Rome being Vicar of CHRIST, to whom he hath recommended the feeding of his sheepe, to reduce those that wander to bridle with temporall penalties those who can not be gained by admonitions, hee hath not, finde the beginning of his assumption, omit∣ted to execute this charge. Notwithstanding some Bishops are not onely fallen into hereticall errours, but doe also fauour 〈◊〉〈◊〉 heretikes, opposing the faith. For prouision wherein, hee commandeth the generall Inquisitors of Rome, to whom he hath formerly 〈◊〉〈◊〉 ended this businesse, 〈◊〉〈◊〉 proceed against such, though Bishops and Cardinals, inhabiting on places where the Luther〈…〉〈…〉 sect is potent, with power to one them 〈◊〉〈◊〉 Rome, 〈◊〉〈◊〉 Edict, or to the consines of the Church, to appeare personally, or, if 〈◊〉〈◊〉 〈◊〉〈◊〉 appeare,, to proceed to sentence, which hee will pronounce 〈…〉〈…〉onsistorio. The Cardinals, in conformitie of the Popes or inaud, cited, by Edict, to appeare personally in Rome, to purge themselues from imputation of here∣sie, and of being 〈◊〉〈◊〉 of heretikes, 〈◊〉〈◊〉 Cologui, Cardinall de Chastilion, Saint Maine, Arch-bishop of 〈◊〉〈◊〉 Iohn 〈…〉〈…〉luc, Bishop of Valence, Iohannes Antonius 〈◊〉〈◊〉, Bisop of Tr••jes, Iohn Blankan son, Bishop of Apo〈…〉〈…〉 〈◊〉〈◊〉, Bishop of 〈◊〉〈◊〉.

But the absence of Loraine in Trent, and 〈◊〉〈◊〉 〈◊〉〈◊〉 of the 〈◊〉〈◊〉 of the new Legates, with opinion that the forme of pro〈…〉〈…〉 councell should bee changed, and the dayes of the Passion and Easter approaching, gaue some 〈◊〉〈◊〉 〈◊〉〈◊〉 negotiations. 〈◊〉〈◊〉 〈◊〉〈◊〉 Cardinall 〈◊〉〈◊〉 〈◊〉〈◊〉 to hon〈…〉〈…〉 the Lagate, M〈…〉〈…〉, who was th〈…〉〈…〉 expect∣ed, * 1.151 and arriued the next day late at night. Hee made his entry pontifically

vnder a canopy, was met by the Legats, Ambassadours, and Fathers of the Councell, and Clergie of the Citie, and conducted to the Cathedrall Church, where the ceremonies vsed in receiuing Legats, were performed. The mor∣row, which was Easter day, he sung the solemne Masse in the Chappell. The Count of Luna came to Trent also this day and was met by the Prelates, and Ambassadours. He entred into the Citie betweene the Ambassadors of the Emperour and of France, with many demonstrations of friendship. He was also visited by the French, who tolde him, they had commission from the King and Queene to communicate all their affaires vnto him, and offered to ioyne with him in all the seruices of the Catholique King his Master. Luna answered, that he had the same order, to communicate with them and that he would holde good correspondencie. Hee visited the Legats, vsing many louing words, and generall offers.

The thirteenth of Aprill there was a congregation, to receiue Cardinall * 1.152 Morone, where, after the Briefe of his Legation was read, hee made a speech, fit for the occasion, and said, that the warres, seditions, and other calamities, present, and imminent, for our sinnes, would cease, if a meanes were found to appease GOD, and to restore the ancient puritie, for which and the Pope had, with great iudgement, assembled the Councell, in which are two Car∣dinals, Princes, famous for nobilitie and vertue, Ambassadours of the Em∣perour, and of so many great Kings, Princes, free Cities and Nations, and Prelats of excellent learning and integretie, and most skilfull Diuines. But, Mantus and Seripando being dead, the Pope had substituted him, and ioyned Nauaggero with him, which he had refused, knowing the weight of the bur∣then, and the weakenesse of his strength. But the necessitie of obedience hath ouer come feare, that he was commanded to goe to the Emperour; and would returne shortly, to treat with the Fathers, in company of the other Legates, that which doth concerne the saluation of the people, the honour of the Church, and the glory of CHRIST; that hee brought with him two things one, a good meaning of the Pope to secure the doctrine of faith, to correct bad manners, to prouide for the necessities of Prouinces, and to esta∣blish peace and vnion, euen with the aduersaries, as much as pietie and the dignitie of the Apostolique Sea can permit the other, his owne readines, to doe what his Holinesse hath commanded him. He prayed the Fathers, that contentious and discord; and vnprofitable questions being layd a side, which doe grieously offend Christendom, they would handle seriously the things that are necessarie.

The Count of Luna vsed perswasions to all the Prelats, vessals of his * 1.153 King, Spaniards or Italians, or beneficed in his states, exhorting them in the name of his Maiestie, to stand vnited in The seruice, of God and reue∣rence towards the Apostolique Sea, and not to doe themselues wrong, say∣ing he had commission to aduise particularly of the proceedings of euery one, and that his Maiestie will keepe a particular 〈◊〉〈◊〉 come of those who will carrie themselues according to his desire, and that he would not haue them say any thing against their conscience. And he spake to, that euery one vn∣derstood, that these last words were spoken seriously, and the other in Ce∣remonie.

Morone was willing to see Loraine, before he went to the Emperour, who because hee would not speake with him, deferred his returne. For hauing spoken in Ʋenice with Nauaggero, and vnderstood a good part of the Popes instructions, hee was willing to auoyd occasion, that Morone, communica∣ting vnto him all, or part of that which hee was to treate with the Emperour, should put him into some obligation. Whereupon Morone parted the six∣teenth of Aprill. Hee sayd, he was sent onely to iustifie the Popes good in∣tention, * 1.154 that the Councell might proceede, and an absolute reformation of the Church bee made without any exception. Notwithstanding his other commissions were knowen, which were to disswade his Maiestie from com∣ming to Trent, because many impediments of the reformation would be cau∣sed thereby; to excuse the Pope, that he could not personally assist in Coun∣cell, and to pray him to hasten the end of it, proposing the translation to Bolonia, where his Maiestie and the Pope might meete, which would bee a good meanes for him to receiue the Crowne of the Empire in so famous an assembly; a fauour which neuer had beene done to other Emperours. He had charge also to pray him to maintaine the authoritie of the Apostolike Sea, against all the plots, made to diminish it, or rather to bring it to nothing; and that the reformation of the Court of Rome might not be made in Trent, but by the Pope himselfe; that no mention might bee made of renewing the things determined vnder Paul and Iulius, in the same Councell, that his Ma∣iestie would bee content, that the Decrees should bee made in Councell, by the proposition of the Legates onely, first imparting them, and hauing the consent of the Ambassadours of his Maiestie and of other Princes. He had commission also to giue the Emperour hope of a particular grant of whatso∣euer hee would demand, for his people, and to disswade him from holding in∣telligence with the French King, in this matter of the Councell, shewing him that as the State of France and Germanie was not the same, so the ends of his Maiestie and of that King must needes be diuers, and their counsels different. The Legates, remayning in Trent, did willingly giue the Prelates leaue to de∣part, and especially those who held the institution of Bishops and residence to bee de iure diuino.

The 20. of Aprill Loraine returned, and was met by the Ambassa∣dours of the Emperour, of Polonia, and of Sauoy; and the same day newes came of the peace concluded by the French King with the Hugonots, which was more for the aduantage of the Catholique party. For after the battell before mentioned, the factions were equally balanced, vntill the death of Guise. Afterwards Colignie tooke, by assault, the fort of Cadome, with so much reputation to himselfe, and diminution of the Catholiques, that it was re∣solued in the Kings Councell to conclude the treaty of peace, which was continually managed euer since the battell. To this end, the seuenth of March an assembly was made, to which the prisoners, Conde and the Consta∣ble, were brought. And; after some speech, they being released vpon promise, to conclude the 〈◊〉〈◊〉 conditions, the Hugonote Ministers assembled, and resol∣ued not to consent to any agreement, except the Edict of Ianuary might bee obserued, without any exception, or condition; adding also, that hereafter their religion should not bee called new; that children baptized by them

should not bee rebaptized; that their marriages should bee esteemed lawfull, and their children legitimate. From which conditions because they would by no meanes depart, Conde and the Nobility, weary of warre, without cal∣ling the Ministers any more, did make the agreement. And the capitulati∣ons, concerning religion, were these. That where the Noblemen of the Hu∣gonots haue high iustice, they may liue in their houses, in liberty of consci∣ence, and exercise of the reformed religion, with their families, and subiects. * 1.155 That other Gentlemen, who hold in fee, not dwelling vnder other Catho∣lique Lords of high iustice, but immediatly vnder the King, may exercise the same in their houses, for themselues, and their families onely. That, in euery Bayliweeke, an house shall bee appointed, in the Suburbs, in which the reformed religion may be exercised, by all of that iurisdiction. That eue∣ry one may liue in his owne house without being enquired into, or molested for his conscience. That in all Cities, where that religion hath beene exer∣cised vntill the seuenth of March, it shall bee continued in one or two places of that citie, so that the Catholike Churches be not taken for that vse, which also shall be restored to the Ecclesiastiques, in case they haue beene surprised by them, yet so as that they shall not pretend any thing for demolitions made. That, in the Citie and Precincts of Paris, there shall bee no exercise of that religion, but those who haue houses or reuenues there, may returne and enioy them, without being molested for matters either past or to come, concerning their consciences. That all shall repossesse their goods, honors, and offices, notwithstanding the sentences to the contrary, and executions of them, since the death of Henrie the second vntill now. That the Prince of Conde, and all his followers shall be said to haue a good end and intention, for the seruice of the King. That all prisoners of warre, or iustice, for mat∣ter of religion, shall freely be set at libertie. That an obliuion of things past shall be published, and iniuring and prouoking one another, as also dispu∣ting and contending about religion shall be forbid, and that they shall liue as brothers, friends, and fellow Citizens. This accord was established the twelfth of March, to the discontentment of Colignie, who sayd, their af∣faires were not in state to make such aduantagious conditions. That it was proposed vnto him in the beginning of the warre, to make peace with the Edict of Ianuary, and now that they might require more aduantage, the conditions were worse. To say that in euery Bayliweeke there shall be one place for the exercise of religion, is to take away all from GOD, and to giue him a portion. But the common inclination of all the Nobility did force him to be content. Concerning these conditions the Kings letters were dis∣patched, the nineteenth of the same moneth•• in which it was sayd; That it hauing pleased God to permit, for some yeeres, the kingdome to be afflicted with seditions and tumults, raised for matter of religion, for which cause armes were taken, with infinite slaughters, sacking of cities, ruines of Chur∣ches, and now, by continuance of the euill, hauing experience that warre is not the proper remedie for this maladie, the King hath thought fit to reunite his Subiects in good peace, trusting that time, and the fruit of an holy, free, generall, or Nationall Councell will establish the same. And heere the Ar∣ticles, concerning religion, were added, besides the others in matters of State:

which letters were published, and registred in Court of Parliament, and pub∣likely proclaimed in Paris, the seuen and twentieth of the same moneth.

This was blamed by the greater part of the Fathers in Councell, who said it was to preferre the things of the world, before the things of GOD, yea to ruine both the one and the other. For the foundation of a state, which is religion, being remoued, it is necessarie that the temporall should come to desolation; whereof the Edict made before was an example, which did not cause peace and tranquillitie, as was hoped, but a greater warre then before. And some of the Prelats did dare to say, that the King and the whole Coun∣sell had incurred the excommunications of many Decretals, and Bulls, for ha∣uing giuen peace to the heretikes; and that there was no hope that the af∣faires of that Kingdome would prosper, where there is a manifest disobedi∣ence vnto the Apostolike Sea, vntill the King and the Councel did cause them∣selues to bee absolued from the censures, and did persecute the heretikes with all their forces. In defence whereof the French-men saide, that the tribu∣lations, continually supported by all France, and the manifest danger of the ruine of the Kingdome did sufficiently iustifie this action against the oppo∣sition of those, who, regarding onely their owne interests, doe not consider the necessitie in which the King was, which is more potent then any law•• alleadging that of Romulus, that the good of the people is the most principall law of all. But these reasons were not esteemed, and the King was blamed aboue all, because hee said in the proheme, that the time, and the fruite of an holy, free, generall or Nationall Councell would cause the establishment of tranquillitie; which they sayde was an iniurie to the generall Councell, to bee put in alternation with a Nationall, and that the Cardinalls of Borbon, and of Guise should bee named amongst the Authours of the Councell to make peace, saying it was a great iniurie to the Apostolique Sea.

The Synode beganne also to bee troubled amongst themselues, for a small cause, which did giue much matter of discourse. Friar Peter Sota a∣bout * 1.156 this time, and three dayes before his death, did dictate and subcribe a letter to bee sent to the Pope, in which, by way of confession, he declared his opinion concerning the points controuerted in Councell, and did particu∣lary exhort his Holinesse to consent, that residence, and the institution of Bishops might bee declared to bee de iure diuino. The letter was sent to the Pope, and Friar Ludouicus Sotus, his companion, kept a copie of it; who thin∣king to honour the memorie of his friend, begann to spread it. This caused much speach. Some were mooued with the action of a doctour of an ho∣nest life, and at the time of his death. Others saide he did it not by his owne motion, but at the instigation of the Arch-Bishop of Braganza. Simoneta la∣boured to get in all the copies; which did increase curiositie, and made them published the more, so that they were in the hands of all. And it is certaine that the maintainers of these opinions were incouraged by this accident. The Spaniards did often meete in the house of the Count of Luna, where Granata informed him of the present and past occurrences of the Councell; and, the Bishops of Leria, and Patti being departed, he saide, these are for∣lorne men, who, like to animals, suffer the burthen to be laid vpon them, and

themselues to bee gouerned by the will and opinion of another, who are good for nothing but to make a number: adding, that if in their resolutions they proceeded by number of voyces, as hitherto they had done, little good could bee hoped for; and that it was necessary that matters should bee hand∣led by way of Nations. The Count said, it was necessary to prouide for that and many other things, beginning from the reuocation of the Decree that the Legates onelymay propose, and from establishing the liberty of the Councell; for which things hee had speciall commission from the King; which being well setled, the residue would bee prouided for with ease. The Legats and other Papalins were displeased to see that the Spaniards, their op∣posits, did neuer go from the Count: and as it happeneth when oneentreth new in a place where are contrarie factions, euery one hopeth to gaine him, the Legats also did striue to put him on the side of the Prelats the Kings Subiects, whom they called their well-willers, because they had intelligence with them, that they might doe a good office, and, as they saide, vndeceiue him, and make him to know the truth. They imployed also herein the Am∣bassadour of Portugal, who, hauing much opportunitie to speake often with him, because those Kings had almost the same interest in respect of mat∣ters Ecclesiasticall, did cunningly (because hee was much obliged to the Pope) lay before him the things which the Popes ministers had suggested to him, for the seruice of the Court of Rome.

The 22. of Aprill, appointed for the Session, drawing neere, a congrega∣tion was held the day before, to consult about the prorogation of it. The Legates did propose the deferring of it vntill the third of Iune. But Loraine said it was a great scandall to all Christendome to prorogue the Session so of∣ten, and neuer to hold it? which would be increased also if it were put off to another day, and afterwards deferred againe? therefore, seeing that none of the things proposed and handled concerning Residence, and the Sacraments of Order and Matrimony were resolued, it was better not to prefixe a certaine day, but to expect vntill the twentieth of May, and then to resolue vpon the time, because the progresse of all things would then more plainely appeare; and, in the meane while, not to loose time, voyces may bee giuen concerning the Articles of the abuses of the Sacrament of Order, before the ende whereof Cardinall Morone would be returned from the Emperour, with ample resolu∣tion, wherby the matters in controuersie may bee composed, and diligence v∣sed to finish the Councell within two or three moneths. Cardinall Madruc∣cio and so many of the Fathers followed that opinion, that it preuailed, and it was decreed that the day to celebrate the next Session should bee prefixed the twentieth of May.

The Congregation being ended Antonius Chierelia, Bishop of Budua, who, in deliuering his voyce, was wont to entertaine the Father, with some witty conceit, and oftentimes to adde some merrie Prophecies, which were spread abroad in diuers parts, did then also deliuer one concerning the citie of Trent. Hee said in substance; that Trent had been fauoured, and elected for the citie; in which the generall concord of Christendome was to bee establi∣shed, but beeing made vnworthy of that honour, by reason of the inho∣spitalitie thereof, would shortly incurre a generall hatred, as the semina∣rie,

of greater discords. The sence was couered with diuers enigmaes, in a Poeticall Propheticall forme, yet not so but that it was easily vnderstood.

Loraine hauing obtained the generall consent, with so much reputation, the Papalins grew iealous; who, considering the honour which was done to him the day before by those who met him, and now by the receiuing of his opinion, thought it not onely an indignitie to the Legats, but an en∣trance also to breake the Decree, that onely the Legates should propose. And they speake Publiquely, that the Pope said well, that the Cardinall was Head of a partie, and that hee prolonged the quicke dispatch of the Councell, and hindered the iourney to Bolonia. But Loraine, not ca∣ring what was said in Trent, and intending his negotiation with the Emperour, dispatched a Gentleman to him, with the opinion of the Doctours, concerning the Articles put into consultation by his Maiestie, * 1.157 whom hee caused to tell him, that, for the good proceeding of the Councel, it was necessary hee should speake earnestly to Morone, and shew his great desire to see good resolutions, for the glory of God; as also of the desire of all the good Fathers that hee would not remooue further from the Coun∣cell, in regard of the fruit which they hoped for, by meanes of his vi∣cinitie, which will keepe euery one in his dutie, and hinder the attempts of those who would translate it into another place, as hee was aduised that some did lay plots to doe, and that before he parted from Ispruce, his Maie∣stie would bee assured that the libertie of the Councell, whereof hee is pro∣tectour, might bee preserued. Hee sent him a copie of the Edict of Pacifi∣cation in France, and of a letter of the Queene of Scotland, in which she gaue account of her deliuery from a great conspiracie, and of her resolution to liue and die in the Catholique Religion. In the end, the Cardinall pray∣ed his Maiestie to vse some meanes that there might bee no dispute in Coun∣cell for the precedence, betweene France and Spaine, that the good procee∣ding thereof might not bee hindered.

The two Legats, that they might not doe nothing in the absence of Morone, did, the 24. of April, impart to the Ambassadours the Decrees com∣posed concerning the abuses of Order, that they might consider on them: and the 29. day they gaue them to the Prelats. The first, of the election of Bishops, in which were expressed their qualities conformable to the ancient Canons, the Ambassadours did not approue, because it seemed to restraine too much the authoritie of their Princes in the presentation or nomination of them. And they all laboured very much, especially the Count of Luna, that it might bee amended, or rather quite omitted; a thing which did likewise much please the Legates. And the Emperours ministers made difficulty also in regard of their desseigne to make an occasion arise of handling the election of Cardinals, and by consequence, of the Pope.

The same day at night Cardinall Nauaggero (hauing giuen out, to auoid * 1.158 meetings and ceremonies, that hee would enter the next day) arriued in Trent; who said, that, at their departure from Rome, the Pope had told them, that they should make a good and a rigorous reformation, preseruing the au∣thority, of the Apostolique Sea, which is absolutely necessary, to keepe the Church in good forme and order.

But not with standing all this, his Holinesse in his speaches to the Ambas∣sadours residing with him, desired them to tell him what reformation their Princes would haue. And his end was, that, their demands beeing giuen to him, they might forbeare to present them to the Councel, and so haue means, by shewing the inuincible difficultie in euery particular, to pacifie the ra∣ging humour of reformation. And hee said often to the Ambassadors, that their Princes were deceiued if they thought a reformation would reduce the * 1.159 heretiques, who first of all made themselues Apostates, and then alleadged the abuses and deformations, for a pretence; that the true causes which haue mooued the heretikes to follow their false teachers are not the abuses of the Clergie, but of ciuill gouernements; that if all defects of the Ecclesiastiques were wholy corrected, yet they would not returne, but would inuent other colours, to perseuere in their obstinacie; that these abuses were not in the primitiue Church, nor in the time of the Apostles, and yet as many here∣tiques, in proportion of the faithfull, were then as now; that himselfe did desire, in sincerity of conscience, that the Church might bee amended, and the abuses remooued, but saw plainely that those, who doe procure it, doe not aime at this good marke, but at their particular profit, which in case they should obtaine, greater abuses would arise, and the present not bee ta∣ken away, that the reformation is not hindered by him, but by the Princes, and by the Prelates in Councell; that himselfe would make one, and that very rigorous also, but in case hee should come to the conclusion, the con∣tentions betweene Princes, some desiring it after one manner, some after another, and those of the Prelates, who are no lesse opposite, would hinder all; that hee knoweth very well that it is vnseemely to attempt that which would onely discouer the common defects and wants, and that those who desire reformation, mooued with zeale, doe, as Saint Paul saith, vse it with∣out Christian wisedome, and nothing would bee effected, but as now it is knowen that the Church hath defects, so it would appeare that they are in∣curable, and which is worse, men would begin to defend and to iustifie them, as lawfull vse.

Hee did expect, with impatience, the end of the negotiation of Morone; from whom hee had aduice that the Emperour tooke time to answere, and still continued in consulting vpon the Articles. Hee thought that all the orders and resolutions which came out of France to Rome, and to the Coun∣cell, did proceede from the opinion and counsell of Loraine; and therefore, * 1.160 not to omitte any meanes of gaining him, the Cardinall of Ferrara beeing to returne into Italy very shortly, with whom Loraine was to speake, for many causes concerning their common nephewes, hee wrote vnto him to vse per∣swasions that hee would be content with the translation of the Councell to Bolonia; and, that hee might bee well informed of the affaires of Trent, hee gaue order that Vintimiglia should meete Ferrara, before his parley with Lo∣raine, and carie with him the instructions of the Legats, besides that which himselfe did know.

The moneth of May did begin with new discourses of the peace of France, For the Kings letters came to Loraine and the French Ambassadours, to in∣forme them thereof, with commission to impart all to the Fathers of the

Councell either in generall or in particular, as seemed them best. The let∣ters were dated the fifteenth of the last moneth, and did shew principally, that by the peace he had no intention to fauour the introduction or esta¦blishment of a new religion in the kingdome, but that, with lesse contradi∣ction and difficultie he might reduce all his people into one holy Catholike religion, by laying downe of armes, and remoouing, the ciuill dissentions and calamities. But he added, that a pious and serious reformation (alwaie expected from a generall and free Councell) would assist him most of all, in this good worke; for solicitation of which, hee was resolued to send the Pre∣sident Birague to Trent. But, in the meane while, he gaue 〈…〉〈…〉 to the Ambassadoures already in that Citie, to let the Fathers know, vpon 〈◊〉〈◊〉 good occasion, that he was sensible still of the ruines and afflictions which the diuersity of opinions in religion haue caused in his kingdome, with the apparant decay, and greater danger of the State; that rather then hee would returne to that extremity, hee was resolued, in case the generall Councell would not performe its duty, and that which is expected from it, by so holy and necessary a reformation, to call a Nationall hauing first giuen satisfacti∣on to GOD and men, by continuall perswasions vsed to the Fathers and the Pope to obtaine of them a remedy against the common euill; that, to effect this with greater ease, he had dispatched the Lord of Oysel to the Catholique King, and the Lord d' Allegres to the Pope, and commanded Birague, that af∣ter he had performed his charge with the Fathers of the Councell, he should passe to the Emperour, to try, if, by meanes of these Princes, bee might gaine so great a benefit.

It is certaine that the Pope was much distasted with the peace, as well for the preiudice of his authority, as because it was concluded without his knowledge, hauing made so great contributions to the war. But the King of Spaine was displeased more. For beeing, by his souldiers, a party in the warres, and the victory, and hauing spent so much, hee thought all was lost, and that it was not iust to conclude a peace without him, to the preiudice of religion, which hee vndertooke to defend and maintaine; especially hauing so great interests therein; in respect of the damage hee did receiue in the go∣uernment of the Low Countries: it beeing plaine, that euery prosperity of the Hugonots in France; would encourage the people of Flanders, and strong then them more in their contumacie. For these reasons, the Catholique Ambassadour in France, made great complaints; which was the principall cause, why these extraordinary Ambassages were sent to Rome, and into Spaine, to make knowen that the King and his Councel were not induced to make this accord by their owne will, but by meere necessity, and for feare that grosse Armies would bee sent out of Germany to the Hugonots, which, as was reported; were prepared about Strasburg, and in other places. For those Dutch men, who had made warre in France, beeing returned home, loaden with spoiles they inuited others to goe thither and make themselues rich. Neither were they without feare that the Princes, of the Empire would, vp∣on that occasion assay to 〈◊〉〈◊〉 Monte 〈◊〉〈◊〉, 〈◊〉〈◊〉; and other Cities of the Empire, and that the Queene of England would assist 〈◊〉〈◊〉 Hugonots more potently then she had done; to possesse some other places, 〈◊〉〈◊〉 already shee had

possessed Haure de Grace. But, besides this principall end of both the Am∣bassages, d'Oysel was afterwards to make a proposition for translating the Councel from Trent to Constance, Wormes, Ausburg, or some other place in Germany, and to represent to the King, that, in regard it ought to bee celebra∣ted for the Dutch, English, Scottish, and part of the French-men, and other Nations, who were resolute not to adhere to, nor euer to accept that of Trent, it was in vaine to continue in that place. Conde was author of this ne∣gotiation; who hoped by this meanes, if it did succeed, to strengthen his party, by vniting it to the interests of so many Kingdomes and Princes, and to weaken the Oatholiques, by promoting difficulties against the Councell of Trent. But it did not take effect. For the King of Spaine hauing heard the proposition (which I say by way of anticipation that I may not returne to this matter) did perceiue what the aime was; and made a full answere that the Councell was assembled in Trent with all the solemnities, with consent of all Kings, Princes, and at the instance of Francis the French King; that the Emperour had superiority in that City, as in the others that were named, and might giue full security to all, in case the former Safe conduct were not suffi∣cient, that hee could not choose but fauour it in the place where it was, and accept the determinations thereof. And hee aduised the Pope of all, assuring him hee would neuer change that resolution.

The French men in Trent thought it superfluous to make instance to the Fathers, as the King had commanded, before the returne of Morone, it being generally resolued that all Conciliary actions should bee deferred vntill then. But the Emperour had not dispatched that Cardinall, and informed Loraine at the same time, that, for diuers accidents, and because the propositions were of the weight and importance, as that they did deserue mature deliberation and consultation, he had not beene able as yet, to giue a resolute answere but hee hoped it should bee such, as to make all men know, that his actions were answerable to his desire, to see the affaires of the Councell set straight, for the common benefit. Therefore, notwithstanding the occasions and vrgent necessities of his other Prouinces, hee resolued to continue his residence in Isprue, to fauour the liberty of the Councell, by his presence, vntill hee had hope to see some good fruit. This delay did not please Morone, not that the Emperour should referre, as hee did, all the negotiations to the Diuines, and Counsellors: and both hee and the Pope did doubt that the answere would be deferred vntill he had heard Birague, who as they were informed, was to propose the translation of the Councel into Germany, to giue satisfaction to the Hugonots; whereunto the Pope was resolute not to consent, as well by his owne inclination, as in regard of the instance made vnto him by the Colledge of Cardinals and all the Court. And he maruelled at the humor of the French-men, who demanded reformation and a translation at the same time, and desired to haue a supply from the Clergie, for payment of the Kings de••ts, and yet would make shew to be fauourers of the Church.

But the truth was that the French-men, being assured they could obtaine nothing fit for their 〈…〉〈…〉ce, so long as the Italians did make the maior part, beganne to despaire, and to hold no esteeme of the Councel while it remay∣ned in Trent. Therefore they tooke from the Diuines, sent by the King, their

publique allowance, and gaue them all leaue either to depart, or 〈…〉〈…〉ine there; so that almost all went away, one after another. The two Benedi∣ctines remained vntill the ende, who were ••haintained by chest Monasteries, as also Hugonius, whom the Papalins caused to be lodged, and defrayed, in the Monastery, and gaue him fifty crownes euery three moneths.

Loraine, hauing 〈…〉〈…〉ed the all••gations sent by the Pope to the Empe∣rour, and made a con••ure vpon them, sent it to his Maiestie: 〈◊〉〈◊〉 thought * 1.161 he had done all secretly, but Hagonots had not onely discoured it, but gi∣uen a copie to the Legates, who, expecting Morone shortly, wrote, by order from the Pope, to the Bishops departed from Trent, that they should re∣turne, to resume the actions of the Councel. In the meane while a congre∣gation was made the tenth of May, to reade the letters of the Queene of Scot∣land, presented by the Cardinall of Loraine, in which she declared, that shee did submit herselfe to the Councell, made mention of her succession to the Kingdome of England, promising that in case it did happen, she would sub∣iect both those Kingdomes to the obedience of the Apostolique Sea. The letters beeing read, the Cardinall made an cloqnent Oration to 〈…〉〈…〉use the Queene, for sending neither Prelates nor Ambassadouts to the Councell, be∣cause they were all heretiques, and promised that she would neuer vary from the true Religion. For answere, thankes were giuen, in the name of the Sy∣node. Some laughed, because the negotiation was as if it had been of a pri∣uate person, not of a Prince, and maruelled that she had not so much as one Ca∣tholique subiect to send. But the wiser sort did beleeue this was begged, and extot••ed from her, because shee was able to doe like a Prince, in regard shee had euer many Catholiques about her.

The Secretarie of Loraine was returned whom he sent to Rome, to cleere him of the imputation that he was a Head of a faction; whom the Pope re∣ceiued with demonstration of loue, and seemed to beleeue his exposition, and wrote to the Cardinall that he was content that the contentious matter•• should be omitted, the doctrines of Order and Residence not spoken of, but the reformation onely treated on. Loraine, imparting this letter to 〈…〉〈…〉, that order might be taken to begin, was deferred vntill the returne of Morone; where with hee was distasted, as if he had been mocked by the Pope. And, ioyning this with the aduice which came vnto him, that Morone, speaking with the Emperour of the libertie of the Councell, sayd that himselfe and the French Ambassadours did hinder it more then others, he complained vpon euery occasion to all with whom hee spake; that the Councell had no libertie, and that not onely the resolution of euery litle particular was made a•• Rome, but that the Fathers, and especially the Gardinall M〈…〉〈…〉, and himselfe were not thought worthy to know what was commaunded by the Pope, that they might conforme themselues to the will of his Ho〈…〉〈…〉, and that it was 〈◊〉〈◊〉 that so many 〈◊〉〈◊〉 should bee disparched from Trent to Rome by the Lega••s, for euery shall 〈…〉〈…〉, and sometimes 〈…〉〈…〉 con∣cerning the same matter, and yet it could heuer be kno〈…〉〈…〉 what resolution or answere came from the〈…〉〈…〉 The 〈…〉〈…〉 hereat, because the things went so apparant, and publike, that they could neither be denied, no•• 〈◊〉〈◊〉 Loraine, full of these ••ll satisfactions, beeing called the 〈…〉〈…〉

consultation, to treat of begining the Congregations, because Morone had w〈…〉〈…〉 would bee in Trent within eight dayes, 〈…〉〈…〉t parties steel a good, while without speaking one word, & afterwards entring into complements, they 〈…〉〈…〉 from another, without talking of the bus〈…〉〈…〉sse.

The Proctor〈…〉〈…〉 the French Prelats, who remained in the Kingdome, be∣ing 〈…〉〈…〉 in Trent, they dessired the Ambassadours that they might bee ad∣mitted in Congregation, which 〈◊〉〈◊〉 refusing, Lansae replied, that they * 1.162 had doth anded it in reuerence, not because they did acknowledge the Le∣gats for Iudges, and that hee was resoliue that the difficulty should be propo∣sed in Councell. This made the Legats a•• per their perpose to expect Morone, and appointed a Congregation for the fourteen the of May, to handle the abu∣ses 〈…〉〈…〉 Where Loraine, giuing his voice 〈…〉〈…〉 the first point (which * 1.163 afterwards was taken away for the causes which shall bee related hereafter) spake at large of the abuses 〈…〉〈…〉ring in that matter. And, that hee right more 〈…〉〈…〉gh against the disorders of Rome, he begain with France, not sp••ring the King, he could 〈◊〉〈◊〉 the Concordate, said that the distribution of the Benefites of the Kingdome, which ought 〈◊〉〈◊〉 belong to the Chapters, was diuided betweene Pope 〈◊〉〈◊〉, and King F〈…〉〈…〉, scareely forbearing to say, as the prey is diuided amongst Hunters. He disliked that the King and Prin∣ces•• all the nomination of Prelatures, and that Cardinals did possesse Bishop∣〈…〉〈…〉 also the vaccord lately made by the King with the Hugo∣nots, But, leauing France, hee sayd that Rome was the fountaine whence all di〈…〉〈…〉 that no Cardinall was without a Bishopricke, yea, with∣out 〈…〉〈…〉 how 〈…〉〈…〉 charges were incompatible; that the inuention of Commendaes, Vnions for life, administrations, by which, against all law, ma∣ny Benefic〈…〉〈…〉 with appearance that hee had but 〈…〉〈…〉, was 〈…〉〈…〉 king of the Maiestie of GOD. Hee often al∣lead〈…〉〈…〉 that place of Saine P〈…〉〈…〉 Take heede of errours, for God is not mocked, and one shall reape only that which hee hath so••ed. Hee spake much against dispen∣〈…〉〈…〉 by which the strength of all lawes, is taken away; as also against ma∣ny other abuses, and with such cloquened, that hee spent the whole Congre∣gation. His discourse was not 〈…〉〈…〉 taken by the Papalins. Simoneta, did o∣penly treats with 〈◊〉〈◊〉 Preiats 〈…〉〈…〉 said he spake like the Lu∣〈…〉〈…〉, and God grant that hee were not of their opinion, wherewith Lo∣〈…〉〈…〉, was 〈…〉〈…〉 to the Pope. In the Congrega∣tions following one thing 〈◊〉〈◊〉 ordinary, 〈◊〉〈◊〉 of memorie, was spoken, except 〈…〉〈…〉 obliquely vsed, by those who had vn∣〈…〉〈…〉 by Loraine.

In this inter i•• Cardinall Morone had his dispatch, in writing from the Emperour, very generall terme••; that bee would defend the authoritie of * 1.164 and Hope against heretikes 〈…〉〈…〉 would remaine at 〈◊〉〈◊〉 and passe further, that the 〈…〉〈…〉 no•• to be made without 〈◊〉〈◊〉, of the King〈…〉〈…〉 for 〈◊〉〈◊〉 〈…〉〈…〉 because being done on the sudden, 〈…〉〈…〉 much matter of discourse 〈…〉〈…〉 manie that bee would ••est satisfied with the proceeding in 〈…〉〈…〉 vpon the 〈◊〉〈◊〉 conditions, that the reformation 〈…〉〈…〉 Trent, and that

euery one might propose: desiring they would presently begin to handle the Articles exhibited by him and France. Concerning this negotiation of the Cardinall, and of the answere made, I haue related what I haue found regi∣stred in publike monuments; but I ought not to omit the fame, then diuul∣ged in Trent, and beleeued by men of the greatest vnderstanding, that the Cardinall had treated with the Emperour, and with his sonne, King of the Romans, more secret matters, and shewed them, that in respect of the diuers * 1.165 ends of Princes and Prelats, and of their diuers and important interests, which were contrary, it was impossible the Councell should haue such an end as some of them did desire. Hee told them, that, in the matter of the Chalice, marriage of Priests, and of the vulgar tongue, things desired by his Maiestie and the French King, neither the King of Spaine, nor any Prince of Italie would euer consent; that, in matter of reformation, euery sort of persons would remaine in their present state, and reforme others; whence it commeth that euery one demandeth reformation, and yet, when any Article thereof is proposed, more doe oppose then fauour it; that eue∣ry one thinketh of himselfe onely, and doth not consider the respects of an∣other, that euery one would haue the Pope a minister of his designes, not thinking whether others will remaine offended for it; for whom it is neither honest, nor profitable, to fauour one with the disseruice of another; that e∣uery one would haue the glory, to procure the reformation, and yet per∣seuere in the abuses, laying the burthen vpon the Pope onely. The Cardi∣nall discoursed also, that, for the reformation of the Pope himselfe, he would not say what the minde of his holinesse was; but for that which neither doth nor can touch him, how can any one perswade himselfe that hee would not condescend, but that hee knoweth that which is vnknowne to others, be∣cause the respects of all are referred vnto him alone. Hee saide moreouer, that the experience of these fifteene moneths since the opening of the Coun∣cell, hath shewed, that the pretensions are multiplied, and the diuersitie of opinions increased, and doe still proceede forward to the height; that, in case it should continue long, some notable scandall must necessarily hap∣pen. Hee told him of the iealousie which did possesse the Princes of Ger∣manie, and the Hugonots of France, and concluded that seeing it was plaine that the Councell could doe no good, it was expedient to finish it in the best man∣ner it was possible. It was sayd that those Princes were perswaded that they could neuer obtaine any thing that was good by meanes of the Councell, and therefore thought it better to bury it with honour, and that they gaue their word to that Cardinall to vse conniuencie heereafter, and not to take it ill if the Councell were ended. And hee that shall obserue what ende the * 1.166 Councell had, and that those Princes had no satisfaction in any of their de∣mands, will easily beleeue that the fame was true; but considering, on the other side, that the instances of the Emperours ministers did not cease after this negotiation, hee will thinke it a vaine rumour. But to a∣uoyde both the absurdities, one may beleeue that those Princes did then lay hope aside, and resolue not to oppose the ending of the Councell; yet so, as that they helde it not honourable to make a sudden retreate,

but to remit their instances by degrees, that they might not publish their want of iudgement, for conceiuing hope of good by that meanes, and for not beleeuing the obseruation of Saint Gregory Nazianzen, who testifieth, that contentions haue alwayes been increased by the Episcopall assemblies. The trueth of this particular I put in the number of those things, the knowledge whereof I cannot attaine vnto. But it is certaine that the catastrophe of the Councell, which it was thought could not possiblie haue a quiet con∣clusion, had beginning in this time.

Notes

• * 1.1

  The forme of this History.
• * 1.2

  The petition, of the French Ambassadors.
• * 1.3

  To which the Legates an∣swered.
• * 1.4

  The petition of the Empe∣rors Ambas∣sadors.
• * 1.5

  The Articles of the Sacra∣ment of Or∣der.
• * 1.6

  Are disputed in the Con∣gregations.
• * 1.7

  The Bishop of Fiue Churches maketh a speech con∣cerning re∣formation.
• * 1.8

  And is secon∣ded by the Spaniards.
• * 1.9

  The Legates wi••l not sulter the inst••tution of Bishops to be discussed.
• * 1.10

  Of Ecclesia∣sticall Hie∣rarchie.
• * 1.11

  The forme of the Hierarchy
• * 1.12

  Of the holy Ghost giuen in Ordination
• * 1.13

  Of the Cha∣racter.
• * 1.14

  What cere∣monies be ne∣cessary 〈…〉〈…〉∣ferring Orders
• * 1.15

  The Legates are much tro∣bled with the speeches that pasted concer∣ning Refor∣mation.
• * 1.16

  And send to 〈◊〉〈◊〉 the Pope.
• * 1.17

  The superio∣rity of Bi∣shops aboue Priests.
• * 1.18

  The instituti∣on of Bishops is discussed.
• * 1.19

  Which vex∣eth Cardinall Simoneta.
• * 1.20

  Antonius Grossetus ex∣cuseth him∣selfe.
• * 1.21

  The Legates demand of the Pope by let∣ters what they shall doe con∣cerning the reformation.
• * 1.22

  With whose aduertisemēts and others his Holinesse is much trou∣bled.
• * 1.23

  The answere made to the Legates.
• * 1.24

  The Cardinal of Loraine had a desire to be Patriarch in France.
• * 1.25

  The Arch-b. of Granata discourseth concerning the institution of Bishops.
• * 1.26

  Simoneta v∣seth practises in the point of institution of Bishops.
• * 1.27

  Laynez spen∣deth a whole congregation himselfe. The impor∣tance of this point of the institution.
• * 1.28

  The discourse of Laynez.
• * 1.29

  He prooueth that the Pope is aboue the Councell.
• * 1.30

  The censure of this dis∣course.
• * 1.31

  The coming of the French men did hin∣der the an∣swering of it.
• * 1.32

  The Legates giue auricular voyces.
• * 1.33

  The Emperor desireth that the doctrine may be defer∣red, and onely the reforma∣tion handled.
• * 1.34

  The Ambas∣sador of Polo∣nia is recei∣ued.
• * 1.35

  The cōming of the French Prelates doth much trouble the Pope and Court.
• * 1.36

  How the re∣formation of Princes be∣gan.
• * 1.37

  The letters of the Marquis of Pescara.
• * 1.38

  The answere of the Arch-bishop of Granata.
• * 1.39

  The answere of Segouia.
• * 1.40

  The Legues vse meane, to curbe the Spa∣nish Prelats.
• * 1.41

  Some Prelates are ouercome by practises.
• * 1.42

  For courses proposed con∣cerning Resi∣dence.
• * 1.43

  The obiecti∣ons against them.
• * 1.44

  A difference betweene the Cardinall of Mantua and the Bishop of Segonia.
• * 1.45

  The entrie of the Cardinall of Loraine in∣to Trent.
• * 1.46

  He visiteth the Card. of Mantua, had audience the next day, and maketh a speach.
• * 1.47

  The answere of the Legats.
• * 1.48

  The Legats desired the or∣der should bee giuen to the Curriers to enter secretly into Trent.
• * 1.49

  A factious banquet.
• * 1.50

  A plot of the French Am∣bassadour whē the Pope was sicke.
• * 1.51

  Troubleth his Holinesse.
• * 1.52

  And maketh him exclaime.
• * 1.53

  Hee sendeth some Bishops to Trent, and withholdeth others.
• * 1.54

  Fearing to be accused of S••∣monie.
• * 1.55

  The French Kings leters.
• * 1.56

  The speech of the Car∣dinall of ••o∣raine.
• * 1.57

  The answer.
• * 1.58

  The speech of de Ferrieres the French Ambassadour.
• * 1.59

  The Papalins are distasted with the French Con∣gregations.
• * 1.60

  Iacobus Hu∣gonius betray∣eth y^e French Prelates.
• * 1.61

  A question a∣bout prece∣dence be∣tween France and Spaine.
• * 1.62

  The Bishop of Guadice causeth a great stirre in the Councel.
• * 1.63

  The Card, of Loraine saith the Councel was not free.
• * 1.64

  The suffrage of the Bishop of Aliffe con∣cerning the institution of Bishops.
• * 1.65

  The suffrage of the Card, of Loraine.
• * 1.66

  The Legates send the pro∣position of the Card, of Lo∣reine to Rome
• * 1.67

  Wherewith he is displeased.
• * 1.68

  A disgrace full prouerbe in Trent.
• * 1.69

  The French opinion con∣cerning the Popes autho∣ritie.
• * 1.70

  The death of the King of Nauar made a great change in Trent, and in France
• * 1.71

  The corona∣tion of the King of Bo∣hemia.
• * 1.72

  The election of the King of the Ro∣manes.
• * 1.73

  Conditions required by the Protestāts of Germany, before they would assist the, Councel.
• * 1.74

  The suffrage of the Bishop of Veglia con∣cerning resi∣dence
• * 1.75

  Who quieteth Trent for feare.
• * 1.76

  The Prelats are terrified with y^e Popes authority.
• * 1.77

  The Duke of Bauaria son∣deth Ambas∣sadours to Rome.
• * 1.78

  The Legates send the B. of Ventimiglia to the Pope.
• * 1.79

  The battell & other troubles in France.
• * 1.80

  A bloody de∣cree made by the Parlia∣ment of Paris.
• * 1.81

  The Low Countries doe ••••itate France.
• * 1.82

  The Queene mother resu∣seth the Spa∣nish armie.
• * 1.83

  Solemnities are vsed in Trent for the victory in France.
• * 1.84

  The Pope is troubled that the Emperour will goe to Ispruc.
• * 1.85

  1563 PIVS 4. FE••••INAND.—ELIZABETH. CHARLES 9. PHILIP 2.
• * 1.86

  1563 The Articles of reformati∣on.
• * 1.87

  The Bishop of Viterbois sent to the Pope.
• * 1.88

  The French propsitions.
• * 1.89

  The negoti∣ation of the Bishop of Vintimiglia in Rome
• * 1.90

  The Popes 〈…〉〈…〉tter to the Legates.
• * 1.91

  The negotia∣tion of the Bishop of Viterbo.
• * 1.92

  The Pope writeth again to the Pre∣lates.
• * 1.93

  The Canons sent from Rome.
• * 1.94

  Doe not abso∣lutely please the Fathers.
• * 1.95

  A difference between the Italians and the French-men about the Councels of Constance, Basil, and Flo∣rence.
• * 1.96

  The Cardi∣nals of Lo∣raine & Trent are offended with the Le∣gats.
• * 1.97

  A Councell within the Councell
• * 1.98

  Practises to dissolue the Councell.
• * 1.99

  Of which the Card of Lo∣raine com∣plaineth.
• * 1.100

  And of the want of liber∣tie in Coun∣cell.
• * 1.101

  As did also the French-men in Rome
• * 1.102

  The Pope an∣swereth reso∣lutely.
• * 1.103

  A free speech vsed by the French Am∣bassadours.
• * 1.104

  Seconded by the Imperi∣alists.
• * 1.105

  The B of Ven∣timiglia re∣turneth to Trent.
• * 1.106

  The Legates vse perswasi∣ons to the-Card. of Lo∣raine by the B. of Siniga∣glia.
• * 1.107

  Who answe∣reth.
• * 1.108

  The French opinion is that y^e Coun∣cell is aboue the Pope.
• * 1.109

  Martin Guz∣dellun cōplai∣neth that the Councell is not free.
• * 1.110

  The Ambas∣sadour of Sa∣uoy is receiued in Congrega∣tion.
• * 1.111

  No real diffe∣rence between a Session and a general con∣gregation.
• * 1.112

  The Articles to be disputed
• * 1.113

  A question of precedence betweene the French and Spanish Pre∣lates.
• * 1.114

  Discourses a∣bout the Car∣dinall of Lo∣raine his go∣ing to Ispruc.
• * 1.115

  Letters from the French K. are presented in Congre∣gation.
• * 1.116

  And de Fer∣rieres maketh a speach.
• * 1.117

  The answere.
• * 1.118

  The Card of Loraine go∣eth to Ispruc.
• * 1.119

  A dispensatiō to marry for the Card of Bourbon. Card. Altemps is to be ene∣••••ll of the Popes army.
• * 1.120

  The Legates dare not pro∣pose the Arti∣cle of the in∣stitution of Bishops.
• * 1.121

  The relation of Commen∣done returned from the Em∣perour.
• * 1.122

  Points consul∣ted on in the Emperours cour.
• * 1.123

  In number 17
• * 1.124

  A consultati∣on in Rome.
• * 1.125

  A writing published in Rome against the French petitions.
• * 1.126

  Displeaseth the French-men, and the Emperour.
• * 1.127

  The Card. of mantua wri∣teth freely to the Pope.
• * 1.128

  The Card. of Loraine re∣turneth.
• * 1.129

  The points on which the Cardinall of Loraine treat∣ed with the Emperour.
• * 1.130

  The Cardinal of Mantua di∣eth.
• * 1.131

  The three Le∣gats remay∣ning write to the Pope.
• * 1.132

  The principal reason why Priests are forbid to marry.
• * 1.133

  Two new Legates are created.
• * 1.134

  The Duke of Guise is slains vnder Orli∣ence.
• * 1.135

  The Card. of Loraine wri∣teth to his mother.
• * 1.136

  The death of the Duke cau∣sed a great al∣teration in the Councell.
• * 1.137

  The Empe∣rours letters to the Legats and the Pope.
• * 1.138

  With which his Holinesse is offended.
• * 1.139

  And answe∣reth the let∣ter thus.
• * 1.140

  A paper full of quotations.
• * 1.141

  A Spanish Ambassador commeth to Rome.
• * 1.142

  The death of Seripando.
• * 1.143

  The negotia∣tion of the Ambassadors of the Empe∣rour & King of Spaine in Rome.
• * 1.144

  The Popes answere.
• * 1.145

  Secret instru∣ctions giuen to Cardinall Morone.
• * 1.146

  The Cardinal of Loraine re∣solueth to goe to Venice.
• * 1.147

  The 6. diffi∣culties which trouble the Councell.
• * 1.148

  The Pope re∣solueth to send Car∣dinal Morone to the Em∣perour.
• * 1.149

  And hath a plot vpon the Cardinall of Loraine.
• * 1.150

  Newes out of France.
• * 1.151

  The entry of Card. 〈◊〉〈◊〉 into Trent.
• * 1.152

  Card. Morone is receiued in congregation
• * 1.153

  Perswasions of the Count of Luna.
• * 1.154

  The negotia∣tion of Moro∣ne with the Emperour.
• * 1.155

  The conditi∣ous of the ac∣cord in Frace.
• * 1.156

  The letter of Soto to the Pope.
• * 1.157

  Loraine sen∣deth a gen∣tleman to the Emperour.
• * 1.158

  The Legate Nauaggero commeth to Trent.
• * 1.159

  The Popes discourse to the Ambassa∣dours.
• * 1.160

  The Popes plot to gaine the Cardinall of Loraine.
• * 1.161

  The con••ure of 〈…〉〈…〉 vp∣on the 〈…〉〈…〉 allegations.
• * 1.162

  La〈…〉〈…〉 spor∣〈…〉〈…〉 〈2 lines〉〈2 lines〉
• * 1.163

  The Cardi∣nal of Lorain, in deliuering his sus••rage.
• * 1.164

  Is thought to speake like a Lutheran.
• * 1.165

  The secret ne∣gotiation of the Cardinall Morone with the Emperor.
• * 1.166

  Who giueth his word to conniue here∣after.