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 EIGHTH BOOKE OF THE HISTORY OF THE COVNCELL OF TRENT. (Book 8)

THe seuenteenth of May, Cardinall Morone re∣turned to Trent from his Legation in Ispruc; and the Legates presently beganne to treat a∣mongst themselues about the certaine day of the Session, because the twentieth was neere when it was to bee determined. And, because they knew not when the matters would bee in order, in the Congregation of the nineteenth day, a prorogation was made vntill the tenth of Iune, to determine then the prefixed time. In that Congregation two notable things did happen. One was the conten∣tion; whether it did belong to the Legates, or to the Councell, to determine * 1.1 whether the Proctors of the Bishops ought to be admitted in Congregation, begunne (as we haue said) by Lansac. The French Prelates did maintaine, that the Legates had no other prerogatiue but to be the first, and had no au∣thority, as they were separated from the Fathers of the Councell; alleadg∣ing the Councell of Basil, and other monuments of antiquity. On the o∣ther side, it was said, that the Councell could not bee lawfull, except it were called by the Pope, and that it belongeth to him onely to determine who may assist and haue voyce in it; and that to giue this power to the Councell, would be to giue it authority to generate it selfe. After some contention, the matter did remaine vndecided. In giuing of voyces concerning the abuses of Order another question succeeded. For the Bishop of Philodelphia made a great and a long exclamation, that Cardinals haue Bishopriques without maintai∣ning so much as a Suffragan; which was much derided by many, as if the Bishop, being but titular, had spoken for the interest of himselfe, and of such as he was.

In the Congregation of the 21. of May the Count of Luna was receiued, * 1.2 forty dayes after his arriuall, in regard of the difficulties for precedence with

the French Ambassadours. In the meane while, many consultations were held to compose them; but the French would by no meanes yeeld that hee should haue any place but below, and after them. Whereupon he thought to stand on his feet in the midst of the place amongst the Emperors Ambas∣sadours (who had order from their Master to accompany him,) and to stand by them vntill hee had finished his oration, and then to returne presently to his house. But this seemed dishonourable for the King. Therefore hee la∣boured to perswade the French not to enter in Congregation that day; whereunto they not consenting, He thought to force them to it, by making some Spanish Prelat demaund, that Secular Ambassadours might not assist in the Congregations, because they were neuer admitted in the ancient Coun∣cels. But thinking that this would offend all Princes, hee purposed to vse meanes that some Prelats should propose the handling of some things, at which it would not be reasonable that the French Ambassadours should bee present; as might be, the preiudices which might come to Christendome by the capitulations made with the Hugonots; or some such thing. This, com∣ming to the eares of the Cardinall of Loraine, put another course in his head; and, consulting with the other French men, they resolued not to contest any more, if a place were giuen him a part out of the order of the Ambassadours. Therefore the Count, entring into the Congregation the day before menti∣oned, and comming to the place assigned for him, which was in the midst of * 1.3 the assembly ouer against the Legates, he presented the Mandat of his King; which being read by the Secretarie, hee immediatly protested, that, howsoe∣uer, in that and all other places, he ought to be next after the Emperors Am∣bassadours, yet because that place, the cause which was handled, and the time did not comport that the course of diuine matters, and of the publique welfare should be hindred by humane contentions, he did receiue the place giuen him, but protesting that his modesty, and the respect hee had not to hinder the progresse of the Councell ought not to be preiudiciall to the dig∣nity and right of his Prince, Philip, the Catholike King, nor of his posteri∣ty, but that they remaine intire, so that they may alwayes make vse of them, as if his due place had now beene giuen vnto him; requiring that his pro∣testation might be written in the Actes, and that they may not be published without it, and a copy thereof giuen vnto him. After this the French Am∣bassadors did protest also, that if they should set in any other place then next to the Ambassadors of the Emperour, and before the Ambassadors of other Kings, which their Predecessors haue alwayes held, and namely in the Coun∣cell of Constance, and the Lateran, they should bee wronged; and if the new place in which the Ambassador of his Catholike Maiestie did set, should bring any preiudice to them, or to the Orators, the Fathers of the Councell, representing the Church vniuersall, should reduce them to the ancient or∣der, or giue them the Euangelicall admonition. But the Fathers holding their peace, and the Emperors Ambassadours saying nothing, whose interest is common with those of France, because they sit next vnto them, and so pre∣serue the ancient possession of their King, the French Ambassadours in re∣gard of the amity and alliance betweene the Catholike and most Christian Kings, demanded nothing but that the Fathers of the Councell would de∣clare

that the Count his fact could not preiudice the ancient prerogatiue and perpetuall possession of his most Christian Maiestie, and register this in the Actes.

The Oration was made, in the name of the Count, by Petrus Fontidonius, a Diuine; who said in substance. That, the end of the Councell drawing neere, his Catholike Maiestie had sent that Ambassadour, to shew himselfe readie to doe for it that which Martianus the Emperour did in the Councell * 1.4 of Chalcedon, that is, to maintaine and defend the trueth, declared by the Sy∣node, to pacifie the tumults, and to conduct to an happie ende that Councel which his Father, Charles the fifth, Emperour hath protected in its birth and growth, for the cause whereof hee hath made most difficult and dangerous warres, and which his Vncle, the Emperour Ferdinand doeth maintaine, that his King hath omitted no office of a Catholike Prince, that it might be called and celebrated; that he hath sent the Prelats of Spaine, and most learned Do∣ctors besides; that hee hath preserued religion in Spaine; that he hath hin∣dered the entrance of heresie at all the passages of the Pirenies, nor suffered it to passe to the Indies, whither it hath laboured to penetrate, to infect the rootes of Christianitie, springing in that new world; that, by meanes of that King, faith and puritie of doctrine doeth flourish in that kingdome, so that the holy mother the Church, when shee seeth other Prouinces infected with errours, taketh great consolation, that Spaine is the holy anchor for re∣fuge of all her calamities. Hee added, would to GOD that other Catholike Princes and Christian common-wealthes would imitate the seueritie of that King, in bridling the Heretikes, that the Church might bee deliuered from so many miseries, and the Fathers of Trent from the care of celebrating the Councell; that his King maried with Mary, Queene of England, for no other ende then to reduce that Island to the true religion. Hee repeated the late assistance sent to the King of France, adding, that, by the vertue of his Soul∣diers, though but few, sent for defence of religion, the victorie inclined to the Catholike partie. Hee saide the King desired the establishment of the do∣ctrine of religion and the reformation of manners. Hee commended the Fathers, because in the handling of these two, they would not separate the one from the other, howsoeuer great instance was made vnto them to cause them to omit the doctrine, and proceed in the reformation only. He said the Kings desire was they should examine well the petition, more pious then circum∣spect, of those, who say that some thing ought to bee graunted to the prote∣stants, that, being ouercome with kindnesse, they may returne to the bosome of the Church; saying, that they haue to doe with persons, who cannot bee bowed neither with benefits nor with pittie. Hee exhorted the Fathers, in the Kings name, to proceede in such sort, as to shew they haue a greater care of the Maiestie of the Church, then of the desires of those that wander, and that the Church hath alwayes vsed this grauitie and constancie in repressing the boldnesse of her enemies, not to grant them so much as that which it honestly might. He said, the King desired that superfluous questions might be omitted; and concluded, that the Fathers being assembled to doe so good a worke, as to cure the diseases which afflict Christendome, if this were not effected, posteritie would blame none but them, and wonder, that, being a∣ble,

they would not also bee willing to apply the remedie. Hee praised the vertues of the Ambassadour, and the glorie of his house; and so ended. An∣swere was made, in the name of the Synode, that, in their griefe for the com∣mon miseries, they receiued consolation, hearing the pietie of the Catholike K. related, and, aboue all, that his promise to defend the Decrees of the Coun∣cell was most acceptable; which the Emperor, and other Christian Kings and Princes being willing to doe also, the Synod was stirred vp to take care that * 1.5 her actions may be answerable to their desires, as it hath done already, both by their own inclination and by the exhortation of the Pope, alwaies imploying themselues in the emendation of maners, and in the explication of the Catho∣like doctrine; that it gaue the King many thanks, as for his singular affection towards religion, and good will towards the Synod, so for sending such an O∣rato, from whom they did hope for honour and assistance.

The Oration displeased all the Ambassadours, because it was a manifest reprehension of all Princes, for not imitating the Catholike King; and they complained thereof to the Count, who answered, that those wordes did as much displease him, yea that he gaue order to the Doctor to leaue them out, and not to speake them by any meanes, and that he would be sensible of his disobedience. The French-men in Rome blamed much those in Trent, for * 1.6 consenting to the place giuen to the Spanish Ambassador. They saide that Loraine, for his owne interests, and to gratifie the Catholike King had done this great preiudice to the Crowne of France, as also because hee had counsel∣led the Pope not to grant the King the alienation of 100000. crownes of Ecclesiasticall goods, as he demanded. They added that in all things he ay∣med only at his owne interests, and therefore because neither he, nor his bro∣ther, did manage the money, he did not care though the King should receiue none at all. But the difference for precedence was not as yet well ended. For howsoeuer there was a place found for the Spanish Ambassadour in the congregations, the same could not bee giuen him in the Sessions. Where-vpon the Legates wrote to the Pope, to haue order how to gouerne them∣selues.

After the Spanish Ambassador was receiued, Loraine parted to meet with the Card. of Ferrara; who, being arriued in Piemont, found the affaires of that * 1.7 Countrey in no better state then those in France. For in diuers places of the Marquisate of Saluzzo all the Priests were hunted away; and in Cherie, and Cu∣ni, places belonging to the Duke of Sauoy, and in many other Cities neere vnto them, many were of the same opinions with the Hugonots, and many euen in the Dukes Court also did professe them, and more were discouered euery day. And howsoeuer the Duke had set forth a Proclamation, a moneth be∣fore, that all that followed those opinions should within eight dayes part out of the Countrey, and some also were departed, yet afterwards he commanded that there should bee no proceeding against them, yea pardoned many con∣demned by the Inquisition, and made their processes void, as also of those who were in the Inquisition, and not condemned, and gaue leaue to some that were departed, to returne. But the Cardinall, vnderstanding the reasons of the Duke, was forced to beleeue that which hee was vsed to say of the affaires of France, that to doe so, would turne to the seruice of the Church.

This Cardinall receiued institution in the same place, from the Bishop of Vintimiglia, who went expresly to informe him (as hath beene said before) of the affaires of the Councell, and how to treate with Loraine. Both the Cardinals met in Asti the foure and twentieth of May. Ferrara hauing rela∣ted the estate of France, and of their familie, since the death of the Duke of Guise, and of the Prior, exhorted him to a Sudden returne, showing what necessitie the family had of his presence. Hee told him, that, since the peace * 1.8 was made with the Hugonots, there formation would not produce those good effects in France as was beleeued. But he found (which hee could not haue beleeued before) that hee had a great impression, that his honour did re∣quire that he should abandon the negotiation. Loraine complained that Morone, turned from the Emperour, had acquainted him with no part of his businesse, saying that hee had beene aduised of all by his Maiestie. Hee said that the Catholique King was well vnited with the Emperour, and that there was good intelligence betweene the Count of Luna,, and him. In the matter of residence, hee said it was necessary it should bee declared, and that this was the opinion of the Emperour, and of almost all the prelates, ex∣cept some few Italians, and that the declaration was demanded, that the Pope might not dispeuce; so that the labour of the Cardinall of Ferrara did little good. And the Cardinall of Loraine returning to Trent; did diuulge, that the Cardinall of Ferrara had perswaded him, in the name of the Pope and Legates, that the residence might bee determined with a penall. Decree, without declaring that it is de iure diuino; whereunto hee said hee would ne∣uer assent.

But Cardinall Morone; to pacifie Loraine before hee entred seriously into the affaires of the Councell, knowing it was necessary to make shew of re∣ferring * 1.9 all matters vnto him, went to visite him, pontifically; with the Crosse before; accompanied with many Prelates; and after complements told him that his desire was he should giue counsell, and commaund, and proceed•• as if hee were one of the Legates; that the Pope did desire re∣formation and had famous. Articles, very seuere; and written, that those which were mentioned by the Emperours and French Ambassadors, should be proposed also, leauing those which belong to the Court of Rome, which his Holinesse will 〈◊〉〈◊〉 himself, for the vpholding of the authority of the Apostolique Sea. But Loraine suspecting that Morone had a purpose to lay some bad matter vpon him, and to make the Spaniards mistrust him, answe∣red, that the weight of a Legate was too heauie for his strength, who was not able to 〈◊〉〈◊〉 then to giue his voyce a•• an Archbishop, that he com∣mended the deale of his Holinesse to reforme other Churches, and desired he would bee content that the Bishops should giue as many Articles also for the Cardinalls and the residue of the Court, that the Apostolique Sea was worthy of all 〈◊〉〈◊〉; and respect, but the abuses ought not to be couered with that 〈◊〉〈◊〉. The answere of this Cardinall made the Legates re∣solue 〈…〉〈…〉 in order. And, in the meaned while, 〈◊〉〈◊〉 the 〈◊〉〈◊〉 Prelates were secretly and seriously perswa∣ded hot 〈◊〉〈◊〉 that the Decree of residende &c. 〈◊〉〈◊〉 〈◊〉〈◊〉, might bee 〈◊〉〈◊〉.

There fell out an accident which was sufficient to confound and diuide the Popish Prelates amongst themselues. For aduice came to Trent that Cardinals should be created the next Ember weeke, and a list of those who were in Rome was sent. The pretendants, who were manie, were ill satis∣fied, and, as passionate men vse to doe, did not containe themselues with∣in such bounds, but that their words did shew their affections, and that they were very sensible of it. In particular, Marcus Antonius Columna, Archbishop of Taranto, and Alexander Sforza Bishop of Parma, (who, in re∣gard of the great power of their families in Court, had more hope then o∣thers) were noted to haue said, that they would hold intelligence with Lo∣raine; which Simoneta beleeuing, did aduise it to Rome: wherewith they were both much offended, and spake very feelingly of it. The distastes did continue certaine dayes: but no promotion of Cardinals beeing made, and satisfaction beeing giuen to these bishops, all things were finally well accommodated.

After this time Loraine began to remit his rigor. For France, beeing now, by obseruation of things past, assured, that nothing fit for the seruice * 1.10 of that kingdome could possibly bee obtained in Trent, and seeing also that the peace was accommodated with great facilitie, so that there was hope to restore absolute obedience to the King, without medling with Religion, and perhaps beeing informed by the Emperour of the treatie with Morone, as also in regard of the perswasions which the Pope vsed to the Queene mo∣ther by his Nuncio, did resolue not to labour anymore, with such affection, in matters of the Councell, but rather to gaine the good will of his Holi∣nesse; and if any good came from Trent, to receiue it, and onely to take care that nothing should be done to their preiudice. Therefore the Queene * 1.11 wrote to Rome, and offered the Pope to ioyne with him to finish the Coun∣cell quickly, to curbe Loraine, and the French Prelates, that they may not impugne his authoritie, and to cause all the Hugonot Souldiers to depart from Auignion, and the territorie thereof. Shee wrote likewise to the Car∣dinall of Loraine, that the affaires of France did proceede exceedingly well, and that to giue them perfection, nothing wanted but his presence, where beeing able to doe more good then in Trent, in which place he had found by experience that no profitable thing can bee done hee should vse meanes to quitte himselfe of those affaires, and returne assoone as was possible, seek∣ing to giue the Pope all satisfaction, and to make him his friend and, for matters of the councell, not to thinke on them, more then his conscience and honour did compell him. Shee added, that hee should haue the same authoritie in the kingdome as hee had before; and therefore should hasten his returne.

The Queenes letters came to Rome and Trent in the end of May; which, as they were very gratefull to the Pope; and made him beleeue he should see a good end of the Councel, so an other accident did much displease him. For, in France, consultation beeing had how to pay the debts of the Crowne, the * 1.12 Decree, for aliening the valew of one hundred thousand crownes of Ecclesi∣asticall immooueable goods, was confirmed by the Kings Edict; and sen∣tence of the Parlament. This raised a great tumult of the Priests, who said,

their priuiledges and immunities were violated, and that sacred things could not bee aliened for any cause whatsoeuer, without the authority and decree of the Pope. To pacifie which noise, the Ambassadour desired his Holinesse to giue his consent, alleadging, that the King was exhausted by the last warres, deseigning to put his affaires in order, that hee may beginne, as his purpose euer was since the making of the peace, to reunite all the Kingdome in the Catholique religion; and, that hee might be able to force whosoe∣uer should oppose, he meant to impose a subsidie, and to cause the Clergie to contribute their part also; whereunto the Church was so much more bound then others, by how much her interests were more in question; that, all beeing considered, nothing was found to bee more easie then to supply that necessity with the alienation of some few Ecclesiasticall reuenues; wherein he desired the consent of his Holinesse.

The Pope answered, that the demand was painted foorth with a faire pre∣tence * 1.13 of defending the Church, but was the onely way to ruine it, for the auoiding whereof, his securest course was not to consent to it. And howso∣euer some might thinke that the French would proceed to execution with∣out him; yet he was of opinion that leaue would not haue beene demanded, in case they could haue found buyers without it, thinking that none would dare to aduenture their money, fearing (as the affaires of the world are vn∣certaine) a time might come in which the Ecclesiastiques would resume their rents, and not restore the price. Therefore, hauing proposed the bu∣sinesse in Consistory, by the deliberation of the Cardinals, he resolued not to consent, but, by diuers excuses, to shew it was impossible to obtaine that demand at his hands. Loraine, bearing an irreconciliable hate to the Hugo∣nots, not so much for religion, as for faction, which himselfe and his house had alwaies with them, beeing assured it was impossible to reconcile friend∣ship, was much displeased that the matters of the peace did proceed. For his returne into France, hee thought fit to consider very well when and in what manner it ought to bee; and, for his particular affaires, hee thought it necessary to hold good intelligence with the Pope, and Court of Rome, and with the Ministers of Spaine also, more then formerly he had done. There∣fore he beganne from that day not to be so seuere in procuring the reforma∣tion, and to shew greater reuerence to the Pope, and to haue good correspon¦dence with the Legats.

But besides the trouble for the demand of the alienation, the Pope had another, of no losse weight. For, hauing often promised the French Am∣bassadour * 1.14 to giue him his due place at Whitsontide, and desiring to performe it, he assembled some Cardinals to find a meanes to giue the Spanish Am∣bassadour satisfaction. The courses were proposed, one to giue him place vnder the Deacon on the left hand; another, vpon a stoole at the top of the Deacons bench. But these did not take away the difficulty. For there re∣mained still matter of our currencie in bearing the traine of his Holinesse and giuing water for his hands, when hee did celebrate the Masse, and in recei∣uing incense and the pax. The difficulty of the traine and the water did not presse the〈…〉〈…〉 because the Pope was not to celebrate, and the Emperours Ambassadour was to bee there. For the incense and the pax, a temper was

found, that they should be giuen to all on the right side, euen to the Ambas∣sadour of Florence also, who was the last, and then to those on the left. The French was not content with this, and said, that the Pope had promised him his place, and that the Spaniard either should not come, or should stand vn∣der him; and would depart from Rome, if this were not performed. And it pleased the Spanish Ambassadour as little: whereupon the Pope sent him word that he was resolute to giue the French Ambassadour his place. The Spaniard answered, that, if the Pope were resolute to doe him that grieuance, hee would read a writing to him. The Cardinals, who treated with him in the Popes name, shewed him it was not good to doe so, before his Holinesse had seene it, lest, not being knowen before some inconuenience might arise. The Ambassadour was vnwilling to giue it, but, in the end, was content. Which the Pope hauing read, was very angry at the forme of words, which * 1.15 he said were impertinent. Finally, he was brought into the Popes Chamber with foure witnesses, where he read his protestation, on his knees; which did containe. That the King of Spaine ought to precede the French King, in regard of the antiquity, power and greatnesse of Spaine, and of the mul∣titude of his other Kingdomes, by which he is the greatest and most potent King of the world; because the Catholike faith, and Church of Rome, haue euer beene defended, and preserued in his states; that, if his Holinesse will declare, or hath declared, in words or writing, in fauour of France, the grie∣uance and iniustice was notorious. Therefore he, in the name of his King, doeth contradict all declaration of precedence, or equality, in fauour of France, as frustrate and void, against the notorious right of his Catholique Maiestie: and, if it hath beene made, there is a nullity in it, being done with∣out knowledge of the cause, and citation of the party, and that his Holinesse doing this, will because of great inconueniences in all Christendome. The Pope answered admitting the Protestation, Si, and in quantum, excusing him∣selfe for the citation omitted, because hee gaue nothing to the French men, but preserued the place in which he had euer seen•• them, next the Emperors Ambassadours; but offered notwithstanding to commit the cause to the Col∣ledge of Cardinals, or to the whole Rota, adding, that he loued the King and would doe him all the good offices he could. The Ambassador replied, that his Holinesse had depriued himselfe of doing the King any good office, by giuing him so great a grieuance. The Pope answered againe, not for out cause, but your owne and for the benefi••s 〈◊〉〈◊〉 by vs to the King, these words were not worthy to bee put into the protestation made vnto 〈◊〉〈◊〉.

The President Birague arriued in Trent at the same time, whom (as we said before) the French King had sent to the Councel and the Emperour, who * 1.16 was receiued in Congregation the second of 〈◊〉〈◊〉; where no Ambassadors inferior to the French were present that he might 〈◊〉〈◊〉 them place, be∣cause * 1.17 he had not the title of Ambassadour in the Kings 〈◊〉〈◊〉 He presen∣ted the letters of the King, dated the fifteenth of April which saiel in sub∣stance. That the troubles and 〈◊〉〈◊〉, raised in the kingdome, for cause of religion, were very well knowe•••• also his 〈◊〉〈◊〉 with the 〈◊〉〈◊〉 and assistance of Princes and 〈◊〉〈◊〉 his friends 〈◊〉〈◊〉 〈◊〉〈◊〉

by armes; that it pleased God, in his incomprehensible Iudgements, not to suffer those remedies of armes to produce any thing but 〈◊〉〈◊〉, slaughters, sackings of cities, ruines of Churches, losse of Princes, Lords, Knights, and other calamities and desolations, so that it is easie to know that they were not fit to heale the infirmitie of Spirits, which are ouercome onely by rea∣son, and perswasion; that this hath caused him to make a Pacification, accor∣ding to the contents of his letters, dispatched vpon that occasion; not to permit the establishing of a new faith in the kingdome, but that, armes being layd aside, he might, with lesse contradiction, make an vnion of all his Sub∣iects in the same holy and Catholike religion; a benefit which he did expect from the mercy of God, and from a good and serious reformation, which he did promise himselfe from the Synod. And because hee had many things to represent to them, and to desire of them, he resolued to send Monsieur Renaut Birague, who would informe them of all by word of mouth, praying them to receiue and heare him with courtesie.

The letters being read, the President spake, relating very particularly the * 1.18 discords, warres, and calamities of France, the State and necessitie into which the King and kingdome were reduced, the imprisonment of the Constable, and death of the Duke of Guise, which made them to bee as it were without armes. Hee iustified the accord at large, as being made for pure and meere necessitie, and with more aduantage to the Catholike partie, then to the con∣trary. That the intention of the King and Councell was not to suffer an in∣troduction, or an establishment of a new religion, but, on the contrary, armes and disobedience being remoued, to reduce, with lesse contradiction, and by the wayes obserued by his ancestors, to the obedience of the Church those that were out of their way, and to reunite all in an holy Catholique profession, knowing very well that the exercise of two religions cannot long subsist and continue in one kingdome. Then he said that the King did hope to reunite quickly all his people in one opinion by the singular grace of GOD, and by meanes of the Councell, a remedy vsed alwayes by the anci∣ents against such euils as those were, which did then afflict Christen∣dome. Heprayed the Fathers to further the Kings good intention, by a se∣rious reformation, by reducing manners to the 〈◊〉〈◊〉 and puritie of the ancient Church, and by composing the differences in religion, promising that the King would alwayes bee Catholike, and deuoted to the Church of Rome, according to the example of his ancestours. Hee said, in conclusi∣on, that the King did trust in the goodnesse and wisedome of the Fathers, that they would compassionate the miseries of France, and labour to cure them. The President had commission to demaund, that the Councel might be translated to a place where the Protestants might have free accesse. For, notwithstanding all the securitie giuen by the Pope and the Councell, they held Trent suspected, and desired a place where the Emperour might secure their. But he touched not this point, by the aduie•• of Lordiu•• and the French Ambassadours, who ••••ought it not fit to make 〈◊〉〈◊〉, and held it 〈…〉〈…〉 of which 〈…〉〈…〉

ker should answer Birague in the name of the Synod, condoling the misfor∣tunes and calamities of the kingdome of France, and exhorting the King, that hauing beene forced to make peace, and to grant something to the Hu∣gonots, to restore religion intirely, he would, for the seruice of GOD, when the kingdome was in peace, labour without any delay, that this good end might be obtained. And they shewed this answer to Loraine after the Masse, before they entred into the Congregation. Who said, hee did not like they should approue the Kings fact, whereof they should rather complaine, as preiudiciall to the faith; and therefore that it was better to take time to an∣swere, as the vse is in matters of importance. Whereupon they gaue order that Birague should be answered thus insubstance. That in regard the things related and proposed by him were of great weight, and had need of much consideration, the Synod would take a fit time to answere him. The French Ambassadours were much displeased with this fact of Loraine, thinking that, if the Legates had not beene disposed to commend the Kings actions, hee ought to haue incited them, yea to force them as much as hee could, whereas on the contrary, they iudging a commendation of the fact to bee iust and reasonable, as indeed it was, he had disswaded them. But consulting amongst themselues, they resolued not to write thereof into France, for many respects; and Lansac, being to returne shortly, might make that relation which should be thought necessary.

The moneth before there hapned a great tumult and popular commoti∣on in Bauaria, because the Cup was not allowed, nor married men suffered * 1.19 to preach; which disorder proceeded so farre, that, to appease them, the Duke promised in the Diet, that, if in all Iune a resolution were not made in Trent, or by the Pope, to giue them satisfaction, himselfe would grant both the one and the other. This newes comming to the Councel, made the Le∣gats dispatch in diligence Nicolaus Ormonetus, to perswade that Prince not to make such a grant, promising that the Councell would not bee wanting to his necessities. To whom the Duke answered, that, to shew his obedi∣ence and deuotion to the Apostolike Sea, hee would vse all meanes to enter∣taine his people as long as he could, expecting and hoping that the Councell would resolue that which they saw to bee necessary, notwithstanding the de∣termination made before.

But the Congregations proceeding in handling the Conciliarie matters, * 1.20 in one of them the Bishop of Nimes, speaking of the abuses of Order, discour∣sed of Annates. He said, that howsoeuer it could not bee denied that all Chur∣ches ought to contribute to the Pope for maintenance of his Court, yet hee could not commend that payment, as well for the maner, as the quantitie; because it would be enough if the twentieth part were payd, whereas this is perhaps more then the tenth; and for the manner, that no man ought to bee forced to pay them but after the yeere was ended. And seeing that the Court of Rome must bee maintained by the contributions of all Churches, it is iust that they should receiue some profit thence, whereas many, and almost all the abuses of Christendome doe arise, by meanes of the Officers thereof; of which the Synod ought to aduertise his Holinesse, that 〈◊〉〈◊〉 might make pro••∣uision therein. Hee descented to speake in particular of the ordina•••• of

Priests made at Rome; saying, that the Canons and decrees are not obserued in them, and that it would be necessary to decree, that in case the Priests or∣dained in Rome were not sufficient, the Bishops (notwithstanding the ordi∣nation) might suspend them, and that the suspended might not, by way of appellation or other recourse, hinder the determination of the Prelate. The last that spake in that Congregation, was the Bishop of Osmo; who said, that as the abuses of Order are collected, so it were good to handle penances, and Indulgences also, because all those three matters are of affinity, and goe hand in hand.

In another Congregation the Bishop of Guadice spake very long; and, a∣mongst other things, made, as it were, an inuectiue against the ordination * 1.21 of titular Bishops, vpon occasion of speaking on the fourth Article of the abuses, in which he said, that to redresse the great scandals which doe arise by meanes of such Bishops, there should be no more created without vrgent necessitie, and in that case, before they were ordained, the Pope should make prouision that they might liue according to the dignitie of a Bishop. He said, that to the dignitie of a Bishop is annexed the hauing of a place and a Dio∣cesse, and the Bishop and Church are relatiues, as man and wife, of which one cannot be without the other; and therefore it did imply a contradiction, to say, that titular Bishops were lawfull. He said their ordination was an in∣uention of the Court, and vsed these words, Figmenta humana; that there is no mention of them in antiquitie; that if any Bishop were depriued, or did renounce, he was not held to be a Bishop, as he is not an husband who wan∣teth a wife, that the old Canonists do write, that there is a nullity in the ordi∣nations made by him who hath renounced his Bishoprick; that the Simonies and indecences which do arise by meanes of these Bishops, and the other cor∣ruptions of discipline, are nothing in comparison of this abuse of giuing the name of Bishops to those who are not, and to alter the institution of CHRIST, and the Apostles.

Simon de Negri, Bishop of Sarzaua, entring into the same matter, sayd, * 1.22 that in a Bishop are to bee considered Order, and Iurisdiction; in respect of Order he hath nothing, but that he is minister of the Sacraments of Order and Confirmation, and, by Ecclesiasticall constitution, hath authoritie of many consecrations and benedictions, which are forbid to simple Priests. But in respect of iurisdiction, hee hath authoritie of gouernment in the Church, whereas titular Bishops haue the power of Order onely, without in risdiction; and therefore it is not necessary they should haue a Church. And if a Bi∣shop was not consecrated in former times, except hee had a Church giuen him, this was because no Deacons or Priests were consecrmed without a ••itle. Afterwards, it appearing that more seruice was done to God, and to the great∣nesse of the Church hauing Priests without title, the same ought to bee con∣cluded of Bishops; yet so, as that, to auoyd abuses, it was conuenient not to ordaine any, without giuing them where on to liue, that they may not be for∣ced to indignities; but otherwise it is necessary they should bee created to supply the places of vnable Bishops, or of those who haue a lawfull cause to bee absent from their Churches, or of great P••elates,, imployed in greater affaires, and therefore he did approue the Article as it was vnfolded.

The Bishop of Lugo discoursed of Dispensations, saying, that there were many matters, concerning which if the Synod would make decrees, decla∣ring them to be indispensable, it would bee a great seruice to God, and bene∣fit to the Church. Which hee did not say, because the Synod might giue a Law to his Holinesse, but because they are things in which dispensations of Popes cannot be admitted; and if in a rare case, in a whole age, a reasonable cause to dispense, might happen once, yet the dispensation would not be iust * 1.23 in that case neither. For it is conuenient that a priuate person should support some grieuance, when there is a great publike benefit, as also, where many cases deseruing dispensations may occurre, to take away occasions of obtai∣ning surreptions, supplications, and graces, it is better to bee auaritious then liberall.

One of the difficulties of the Councell; which was about Bishop Tilefius, the Secretary, in regard of whom frequent instance was made, that the Actes of the Councell might be written by two, did cease of itselfe. For he, not a∣ble to support the paine of the stone any longer, resolued to bee cut. After he was retired, that charge was giuen to the Bishop of Campania, whose first action was in the Congregation of the seuenth of ••une, to reade the answer * 1.24 which the Legats had made, to giue to the President Birague, which, being long and proposed on the sudden, not assisted in voice by any of the Legats, and very ambiguous, with words which might be drawen to the commen∣dation or the dispraise of the accord made by the King, was not vnderstood by all in the same sence; whereupon there were diuers opinions amongst the Prelats. The Cardinall of Loraine first spake at large of it, and was not vnderstood whether hee did approoue it or not. The Cardinall of Ʋarmia, vrged to it by Morone, desired him, after hee had made an end, to declare, plainely what he thought; and he answered that it did not please him: to the great distaste of Morone, who had shewed it to him before, and he seemed to be content. Madruccio, who followed, referred himselfe to the Fathers; of the others some did approue it, and some not. The French Prelats complai∣ned, that, against the orders obserued in the Synod in like occasions, the an∣swer was deferred and disputed. The Bishop, Ambassadour of the Duke of Sauoy, when it was his turne to speake, said, that the matter ought to bee referred absolutely to the Legats, and the two Cardinals. When all the voices were deliuered, the Archbishop of Lanciano stood vp, and said, that howsoe∣uer hee had concluded otherwise in his suffrage, yet hauing heard the Am∣bassadour, he was of his opinion, and the same was approued almost by the voice of all together.

The eleuenth of Iune a consultation was held by the Legates; Cardinals, and 〈…〉〈…〉tie 〈…〉〈…〉s, to finde a meanes to establish the doctrine of the Insti∣tution of Bishops, Loraine, in deliuering his minde, touched the opinion of the Frenchmen, that the Councell is aboue the Pope, alleadging also, that it was so defiued in the Councels of Constance and Basille Hee concluded that hee did not do sure another declaration from that Councell, but said, that if they would be o•• accord with the Frenchmen, it was necessary that no words should be put in the Decrees, which were to be composed, which might pre∣iudice that their opinion. The Archbishop of Otranto, comming to speake,

enlarged himselfe with many words to conuince that Cardinall, resuming and refuting whatsoeuer hee had said in fauour of the superioritie of the Councell. Hee added, that some held opinion of the superioritie of the Councell to be as true as Ʋerbum caro factum est, saying hee knew not how they could secure themselues in their conscience; wherein he meant Loraine, who was said to haue vsed this comparison. And, descending afterwards to discourse of the Institution of Bishops, hee said there had beene no contro∣uersie * 1.25 in this matter, if the forme proposed by the Cardinall of Loraine had not giuen occasion. The Cardinall answered, that, at his comming to Trent, he found the difficulties already mooued; that he had composed that forme, being requested, with intention to make peace and concord, and to remedy the differences; that this not succeeding, hee would bee glad that the Arch-bishop might obtaine that honour which himselfe could not doe; thanking him besides, that, as his master, he had put him in minde of that wherein hee had failed. And, for the question of the superioritie of the Councell, hee said, that being borne in France, where this opinion is common, neither hee nor the other Frenchmen could leaue it, and did not beleeue, that, for hol∣ding it, they should bee forced to make a Canonicall abiuration. The Arch-bishop replyed, that he disliked the forme, because it was imperfect, whence the difficulties did arise; but, for the rest, it was not a place to answere him, and that he did little esteeme the iniuries he did him. But he complained of some who did professe to accuse the actions of the Legats, wherein they did not shew a good minde. The Cardinall was silent, and made no shew hee was offended. The Count of Luna, whether of his owne accord, or at the instance of the Frenchmen, reprehended the Archbishop, saying, that if it came to the eares of his Catholique Maiesty, it would certainly displease him. And a French Prelate, either by order from Loraine, or of himselfe, did aduertise Morone, that the Archbishop did much passe his bounds; that hee vsed bad speeches, in handling the matter of Residence; and that the Cardinall was aduised, that hee was continually abused in his house, and that the most honourable title he gaue him, was, a man full of poison; so that, in re∣gard of these things, and of this last accident also, it would not bee good to call them both together to consultation, because the Cardinall would not rest satisfied. Morone answered precisely, that hee had order from Rome to call that Archbishop to all consultations, and that it was conuenient to hold esteeme of him, because hee had at the least fourtie voices which did * 1.26 follow him. This, being related to Loraine, did make him exceeding angry against Cardinall Morone; and the rather, because a few dayes before the Le∣gats and Cardinals consulting together about the answer to bee giuen to Bi∣rague, referred to them by the Congregation, Morone did vpbraid him, that hee was content with the answere first made, afterwards said the con∣trary in the generall Congregation. And Loraine considered very much with himselfe, in what manner hee might shew himselfe sensible of the small ac∣count was made of him, especially being aduised from Rome, that the Pope did accuse him for a man scandalous, and desirous to vnite the Catholiques and Protestants. But weighing his owne interests, which did mooue him not to separate himselfe from Rome, but rather to seeke meanes to bee reuni∣ted,

his profit ouercame his passion, and so hee resolued to continue in pro∣moting the conclusion of the Councell, and giuing the Pope satisfaction.

But the President Birague, hauing expected an answere as long as hee thought his honour would permit, the thirteenth day parted from Trent, to goe to Ispruc, to negotiate the other part of his instructions with the Empe∣rour; which was to giue him ioy of the election of the King of the Romans, and an account for what causes the Peace was concluded with the Hugonots, * 1.27 and to answere him concerning the restitution of Metz, and of other Impe∣riall Cities. Hee had instruction also, that, ioyntly with the King of Spaine, they should vse perswasions for the translation of the Councel into Germany. * 1.28 This particular being imparted to Loraine, to receiue aduice from him in what maner to proceed in it, or whether hee should omit it, as hee had done in Trent, the Cardinall resolued for the same reasons, that hee should make mention of it, as of a thing rather to bee desired, then hoped for, or attempted.

The Count of Luna had expresse order in his instructions, to demaund a * 1.29 retraction of the Decree, Proponentibus Legatis; and after his arriuall in Trent, he receiued a letter from the King, which told him, that hee was desired by the French Queene, that the Councell might be translated into Germany, that it might be in a free place, and that hee had answered, that hee did not thinke it necessary, in regard there was meanes to procure the liberty of it in the place where it was; therefore hee gaue him commission to labour, that it might haue full liberty, beginning from the reuocation of that Decree; be∣cause, that continuing, the Councell could by no meanes be called free. The Ambassadour, thinking hee could not deferre any longer, imparted this commission to the Legates, and, in conformity thereof, made effectuall in∣stance in the Kings name, that the Decree might bee abrogated, or expoun∣ded, saying, it was conuenient so to doe, because the Germanes did forbeare to come to the Councel for this cause amongst others, and because the Em∣perour did thinke it necessary, that hee might bee able to induce them to re∣ceiue the Councel. They answered, that the Decree was made by common consent of all the Fathers, notwithstanding, they would consider on it, and resolue that which should seeme iust, after hee had presented the instance in writing. The Ambassadour gaue it, and the Legates sent it to the Pope: howsoeuer Morone said, it was superfluous, and that nothing was to be done but to delay the answere, without troubling his Holinesse. In the negotia∣tion of Princes, especially those which doe not touch the substance of their State, it happeneth, that howsoeuer they do change opinion by the change of occurrences, yet by the perswasions made before the change, things contrary to their new will do fall out. And so it was that the perswasions made by the Queene mother to the King of Spaine, before she resolued to giue totall satis∣faction to the Pope concerning the Councell, did produce the effect of that Letter of the King. Therefore Morone, who did penetrate the bottome, did not hold that esteeme of it as some thought.

The fifteenth of ••une Morone proposed in Congregation, that the fifteenth of Iuly might bee appointed for the determinate day of the Session. Segouia, and some few others said, they saw not how the difficulties which were vpon

their hands could be resolued in so short a time, of Hierarchie, of Order, of the institution of Bishops, of the preheminence of the Pope, and of Residence; and that it was better to decide the difficulties first, and afterwards to appoint a short terme for the day of the Session, then to appoynt it now, and after∣wards to prolong it with indignitie. But the contradictors being but few, the proposition was established, as it were without difficultie. The next day Laynez, Generall of the Iesuites, in giuing his suffrage, bent all his forces * 1.30 to answere whatsoeuer had beene said by others, not conformable to the de∣ctrine of the Court, with so great affection, as if his saluation had beene in question. In the matter of dispensations he was exceeding copious; saying; it was spoken without reason that there is no other power of dispensing but interpretatiue and declaratiue, for so the authoritie of a good Doctor would bee greater then of a great Prelate; and that to lay the Pope cannot by dis∣pensation, disoblige him who is obliged before God, is nothing but to teach men to preferre their owne conscience before the authority of the Church; which conscience, because it may bee erronious, as it is for the most part, to referre men to that, is nothing but to cast euery Christian into a bottom lesse pit of dangers; that as it cannot be denied, that CHRIST had power to dis∣pence in euery law, nor that the Pope is his Vicar, nor that there is the same tribunall and consistory of the Principall and the Vice-gerent, so it must bee confessed that the Pope hath the same authority, that this is the priuiledge of the Church of Rome, and that euery one ought to take heede, in regard it is heresie to take away the priuiledges of the Church, because it is nothing but to denie the authority which CHRIST hath giuen it. Then hee spake of reforming the Court; and said, that it is superiour to all particular Chur∣ches, yea to many ioyned together; and if it doeth belong to the Court of Rome to reforme each Church, which doeth appertaine to euery Bishop in Councel, and none of them can reforme the Roman, because the scholar is not aboue his master, nor the seruant aboue his Lord, it followeth, by necessary consequence, that the Councell hath none authority to meddle in that busi∣nesse; that many did call those things abuses, which, if they were examined and sounded to the bottome, would be found to be either necessary, or profitable; that some would make the Sea of Rome, as it was in the time of the Apostles, and of the Primitiue Church, without distingushing the times; not knowing what doth belong to those, and what to these, that it is a plaine case, that, by the prouidence and goodnesse of GOD, the Church is made rich, and that nothing is more impertinent then to say that God hath giuen riches, and not the vse. For Annates hee sayd, that it is de iure diuino that Tythes and first Fruites should bee payd to the Cleargie, as the Iewes did to the Leu••••es: and as the Leuites payd the Tenthes to the high Priest, so ought the Eccle∣siasticall order to the Pope, the rents of Benefices being the Tythes, and the Annates the Tythes of the Tythes. This discourse displeased many, and par∣ticularly the French-men; and there were Prelates who noted some things which they meant to answere, if occasion serued, when their turne was to speake.

The Spaniards and French-men thought, that that Father spake thus, by * 1.31 order, or by consent of the Legates, alleadging for an Argument the many

fauours which were done vnto him, vpon all occasions, and especially, be∣cause, whereas other Generals were wont to stand on their feete, and in their place when they gaue their voyce. Laynez was called into the middle, and made to sit downe, and many times a congregation was made for him onely, to giue him commoditie to speake what hee would; and howsoeuer none was euer halfe so prolike as hee, yet he was praysed, and those against whom hee spake could neuer bee so briefe, but they were reprehended for being too long. But Laynez, knowing what offence the French-men did pre∣tend * 1.32 to haue receiued, sent his companions, Torre and Cauillone, to make an excuse to Loraine, saying, that his redargutions were not meant of his Excellencie, or any of the French Prelates, but of the Diuines of the Sarbone, whose opinions are not conformeable to the Doctrine of the Church. This beeing related to the Cardinall, in a Congregation of * 1.33 French-men, held in his house, the excuse did much distast the Prelates, some saying it was petulant, and others scornefull, and those few Diuines which remained were sensible of it; so that Hugonias himselfe, whom they had bought, did thinke it vnsufferable. Ʋerdun thought hee was touched in particular, and obliged to reply, and prayed the Cardinall to giue him leaue, and occasion. Hee promised to speake modestly, and to shew that the doctrine of the Sorbone was orthodoxe, and that of the Iesuite new, and neuer heard of in the Church before, that is, that the key of autho∣ritie is giuen by CHRIST, without the key of knowledge; that the holy Ghost, giuen for the gouernement of the Church, is called, by the holy Scripture the spirit of trueth, and the operation thereof in the gouernours of the Church, and Ministers of CHRIST, is to leade them into all trueth, that, for this cause, CHRIST hath made his Ministers partakers of his authority, because hee hath withall imparted to them the light of doctrine; that Saint Paul to Timothie, writing that hee is constituted an Apostle, doeth expound it thus, that is, a Doctor of the Gentiles, who, in two places, prescribing the conditions of a Bishop, saith, he must bee a Doctour; that, obseruing the vse of the primitiue Church, it will appeare, that the faithfull did goe to Bi∣shops for dispensations, and declarations, because those onely were assumed to that charge who were most of all instructed in Christian doctrine; that, to omit antiquitie, the Schoole-men and greater part of the Canonists haue con∣stantly said, that the dispensations of Prelates are good, Claue non errante, and not otherwise. Hugonius also did offer to prooue that assertion, that there is the same tribunall of CHRIST and of the Pope, to bee impious and scanda∣lous making mortalitie equall to immortalitie, and corruptible iudgement of man, to the incorruptible iudgement of GOD, and that it did proceede from ignorance, that the Pope is that seruant, which is set ouer the familie of CHRIST, not to performe the office of the Master of the familie, but onely to distribute to euery one, not arbitrarily, but that which is ordained by the Master; that he was amazed that Christian cares could endure to heare that the whole power of CHRIST is imparted to any. They all spake, some censuring one, some another of the Iesuites assertion. But the Cardinall told them, that it would be no small matter if they could obtaine that, in the pub∣like Decrees of the Councell, way might not bee giuen to that doctrine; at

which it was conuenient that all should ayme; to which end they should more easily come, if the matter were passed ouer in silence, and suffered to dye in obliuion, which, by contradiction, might doe some preiudice to the trueth. They were pacified; yet not so, but that, in their priuate meetings, they spake of it very much.

But the Legates did so accommodate the two Articles of the Insti∣tution of Bishops, and of Residence, with generall tearmes, that they * 1.34 gaue satisfaction to both parties, and to Loraine also. But hauing con∣sulted on them with the Popish Diuines, and some Canonists, Prelates, these sayd, that they did admitte an interpretation, preiudiciall to the au∣thority of the Apostolique Sea, and the vses of the Court. The Bishop of Nicastro, who had often contended in this matter in fauour of Rome, sayd plainely, that, by that forme of speach, it was inferred that all iurisdi∣ction of Bishops did not proceede from the Pope, but a part of it im∣mediatly from CHRIST; which was by no meanes to bee endured. Other Papalins maintained the same, and made a bad interpretation of all, if it were not plainely sayd, that Bishops haue all iurisdiction from the Pope. Therefore the Legates sent the Articles thus reformed to the Pope, not so much that they might bee examined in Rome, as because, in a matter of so great importance, they would propose nothing without the Popes know∣ledge. The Cardinals deputed for these affaires, hauing seene and examined them, did iudge that the forme was sufficient to make all Bishops in their Diocesses equall to the Popes. And the Pope reprehended the Legates for sending them, because hee knew that the maior part in the Councell were good Catholikes, and deuoted to the Church of Rome, and in confidence hereof, was content that the propositions and resolutions should bee deter∣mined in Trent without his knowledge. Notwithstanding hee thought he ought not to consent to any preiudiciall thing, for feare of giuing bad ex∣ample to them, and beeing a cause that they also should assent vnto it against their conscience.

At this time they had another very hard negotiation also. For the King * 1.35 of the Romanes being to send Ambassadours, to giue him an account of his election, would not doe as other Emperours and Kings had done, who, ha∣uing no cause to make difficultie, did promise and sweare whatsoeuer the Popes would haue them. But hee hauing respect not to offend the Princes and Protestants of Germanie, would first know what words must bee vsed. The consultation hereof being committed in the Cardinals, they resolued, that hee must demaund confirmation of the election, and sweare obedi∣ence, according to the example of all other Emperours. Whereunto he an∣swered that they were deceiued, and that hee would consent to nothing which might preiudice his successors, as the actions of his predecessors were alleadged against himselfe, and that it was to confesse he was Ʋassall. And he proposed that his Ambassadour should vse these wordes, that his Maiestie will performe all reuerence, deuotion and duty to his Holinesse and the Apo∣stolique Sea, with promise not onely to preserue, but to enlarge as much as hee can the holy Catholique faith. This negotiation continued this whole yeere without agreement; and, finally, in Rome they thought they had

found a temper for it, proposing that hee should sweare obedience not as Emperour, but as King of Hungarie and Bohemia, because it could not bee denyed, they sayd, that King Steuen did giue the kingdome to the Aposto∣lique Sea, in the yeere of our LORD 1000, acknowledging to receiue it from the sayd Sea, and making himselfe vassall; and that Ʋlad••slaus, Duke of Bo∣hemia, did receiue from Alexander the second power to weare a miter, binding himselfe to pay an hundred markes of siluer euery yeere. These things be∣ing considered of in Germanie, because there was no proofe of them but the bare affirmation of Gregorie the seuenth, were derided, and answere was made, that they desired more fresh examples, and more certaine, and more lawfull titles. Messengers went to and fro, with diuers propositions, answeres, and replyes, of which we will now relate the issue, that wee may returne no more to them: Which was; that, twenty moneths after Count Elfestain, Ambas∣sadour of that King, arriued in Rome, with whom the same treaties were re∣newed, to demaund confirmation, and sweare obedience. Hee answered that the Oration, which he was to recite punctually, was in writing and that hee had commission not to alter one iote. The Pope therefore proposed the businesse to the Cardinals, in a generall Congregation; who after long consultation, concluded, that, howsoeuer the confirmation were not de∣maunded, nor obedience promised, yet, in the answere to the Ambassa∣dour, it should bee sayd, that his Holinesse did confirme the election, sup∣plying all defects thereof de facto & de iure, and did receiue the Kings obe∣dience, without saying it was demanded, or not demanded, promised or not promised. This ceremony gaue but small content to the Pope, and lesse to the Colledge of Cardinals.

But to returne to the time whereof I write, the Pope was to answere the frequent instances, made vnto him by the Ambassadours, resident in Rome, and by the Count of Luna in Trent, for abrogation of the Decree of Propouentibus Legatis. And, beeing satiated with this trouble, hee wrote to the Legates, that the suspension of it should bee proposed in Congre∣gation. But Morone answered the Ambassadours, who vrged the Popes order, that rather then hee would condescend vnto it, hee desired that his Holinesse would remooue him. This answere being giuen without parti∣cipation of the other Legates, and many other things resolued by him alone, * 1.36 put them in a iealousie, that hee tooke too much vpon him; saying, that howsoeuer hee might haue instructions apart, yet hee ought not to execute them without aduising them first, and communicating all vnto them, at least in the execution.

In the Congregation of the one and twentieth of Iune, the answere to bee made to the President Birague, composed by the Legates and Cardinall of Loraine, was read; which passed without difficultie. And because he was not present, that it might not bee giuen him by word of mouth, they sent it af∣ter him in writing. And Adamus Fumanis was deputed Secretary, ioyned with Tilesius, who continued in his indisposition. But the differences about the Articles of the institution of Bishops, and of the authoritie of the Pope remayning still, or rather increasing, and it beeing plaine, that to speake of them in Congregation, would augment them more, the Prelates, as it were,

with a common consent, began to handle them particularly, and to propose courses to finde a temper for them. Some, desirous to burie these contro∣uersies, and to proceede, seeing no meanes of concord, gaue counsell to omit both the matters absolutely: which opinion, howsoeuer in conclusion it was receiued, in the beginning had much contradiction. The Spaniards did oppose; who, by all meanes would haue the Episcopall iurisdiction to proceede from CHRIST; and the Cardinall of Loraine went further, and, would haue it defined, that their vocation and place were immediatly from God. And the French-men did desire, that the Popes authority might be so declared as that it might neither contradict, nor dispense with the Decrees of the Generall Councel. Others sayd that this course serued onely to defer, without assurance that the delay would doe any good. For when they came to the conclusion of the Councel, it would bee necessary to define all matters which haue beene examined; so that the difficulty would returne; and, in case the French-men should depart first, as they resolued to doe, there would bee danger of schisme, if afterwards any controuersed point should bee hand∣led. Besides, in regard of the intelligence of Loraine with the Emperour, those who knew not their new thoughts, did beleeue, that the French-men being gone, his Maiestie would recall his Ambassadours also: in which case it would bee small reputation to continue the Councell, and, to determine any thing, would bee thought to bee a thing done without authority.

Another difficultie as great as this was in the election of Bishops. For many of the Fathers would haue it sayd, that there is an obligation to elect the most worthy, and, for confirmation, alleadged many Canons, and holy Doctors. The Papalins said, on the contrary, that this was to binde the au∣thority of the Pope, that hee could not gratifie any, and that the vse of the Court time out of minde, hath beene, to thinke it sufficient if a man worthy were elected. The French and Spanish Ambassadours also did not agree, because it did too much restraine the power of Kings in nominations, if they were bound to goe about and seeke the most worthy. Many Prelates went vp and downe, vsing perswasions, that the Article might not bee receiued, though it were without the addition of electing the most worthy, and es∣pecially the Bishop of Bertinoro, and the Generall Laynez, distributing some annotations, and aduertisements, made by them, shewing that great inconue∣niences would ensue by that Decree. For in it was contayned, that a Cathe∣drall being vacant, the Metropolitane should write vnto the Chapter, the name of him who was to be promoted; who should afterwards be published in pulpit in all the Parish Churches of the Citie on Sunday, and hanged on the doore of the Church, and afterwards the Metropolitane should goe to the Citie vacant, and examine witnesses concerning the qualities of the person; and all his letters patents and testifications beeing read in the Chapter, euery one should be heard who would oppose any thing against his person; of all which an instrument should bee made, and sent to the Pope, to bee read in Consistory. This constitution they said would bee a cause of calumnies and seditions, and that heereby some authority was giuen to the people, with which they would vsurpe the election of Bishops, which formerly they were wont to haue. Others beeing stirred vp herewith; made the same op∣positions

against the Article, concerning those who are to bee promoted to the greater orders, in which it was sayd, that their names ought to bee publi∣shed to the people three Sundayes, and affixed to the doores of the Church, and that their letters testimoniall ought to bee subscribed by foure Priests, and foure Laiques of the Parish; alleadging, that no authoritie ought to bee giuen to the Laitie in these affaires, which are purely Ecclesiasticall. In these perplexities the Legates knew not what to doe, but to enioy the benefit of time, and to expect some ouerture, to come to the end of the Councell, to which they saw not how they should be able to arriue.

Another trouble beganne about the reformation of Cardinals. And the Pope vnderstanding that this was spoken of in all Courts, and that in Trent, * 1.37 the Ambassadours of France, Spaine, and Portugal, were combined to de∣mand it of the Councel, hee wrote to the Legates for aduice, to know whe∣ther it were better to handle it at Rome, or in Trent. He proposed the same in Consistorie, ordayning also a Congregation to consult on it, and, particu∣larly, to finde a meanes that Princes might not intermeddle in the Conclaue, in the election of the Pope. And, to proceede with all circumspection in a businesse of so great weight, hee sent many Articles of reformation to Trent, drawen out of the Councels, with order that the Legates should impart them to the principall Prelats, and signifie their opinions. The Cardinals of Lo∣raine, and Madruccio, answered, they would not deliuer their owne opinions, before they vnderstood the Popes minde, and afterwards it would bee neces∣sary to thinke very much on it. And Loraine said, that there are many things which are thought worthy of correction, which himselfe did thinke could not iustly be reprehended, and others which might in part, but not absolute∣lie. Hee descended to the particular of hauing Bishopriques, saying, there was no inconuenience that a Cardinall Priest should haue a Bishoprique, but did not like that a Cardinall Deacon should bee a Bishop; and that, for this cause, hee had counselled his brother, the Cardinall, to leaue the Arch-bishop∣rique of Sans. But this matter of reformation of the Cardinals was quicke∣ly put to silence. For those who were in Trent, inclining rather to haue it * 1.38 handled by the Pope and Colledge, and those who pretended for the red Cap, doubting their desires might be crossed, they did, with great facility, leaue to speake of it. The Pope also thought to make a constitution, that no Bi∣shops should haue any temporall offices, either in Rome, or in the Ecclesia∣sticall Dominion. But he was aduertised by Simoneta, and other Prelats, that it would bee a great preiudice to the Ecclesiastiques of France, Polonia, and o∣ther Kingdomes, where they are Counsellers of Kings, and haue the princi∣pall offices, of which they might easily bee depriued, if Princes should take example by his Holinesse, and the Secular Nobility incite them to it, for their owne interests. Therefore if hee would execute this his determination, hee should doe it in effects, and not in writing, lest he should damnifie the Clergy in other Kingdomes very much.

The Emperour found by experience, either at this time, or two moneths before, when Morone was with him, that his vicinity to the Councell did not onely no good, as hee thought it would, but the contrary rather. For the popish Prelates, suspecting his deseignes were against the authority of the

Court, were afraid of euery thing, so that the difficulties and suspitions did turne into bitternesse, and increase in number. Therefore hauing other bu∣sinesse wherein to employ himselfe with more profit, he departed, and wrot to the Cardinall of Loraine, that the impossiblity of doing good in the Councel being palpable, he thought it was the dutie of a Christian and wife Prince, rather to support the present euill with patience, then by curing it, to cause a greater. And to the Count of Luna, who went vnto him by Post, three dayes before, he gaue order to write to the Catholike King, concerning * 1.39 the Decree Proponentibus Legatis exhorting his Maiestie in his name to bee content not to desire the reuocation, or declaration, and if hee did thinke that the not declaring of it might preiudice other Councels, the declaration might, if need were, be made in the end of this. And notice beeing giuen, that they consulted at Rome and in Trent, to proceed against the Queene of * 1.40 England, he wrote to the Pope and the Legates, that if the Councell would not yeeld that fruit, as was desired, that they might see an vnion of all Catho∣liques to reforme the Church, at the least they should not giue occasion to the heretickes to vnite themselues more, which they would doe, in case they proceeded against the Queene of England. For vndoubtedly they would by that meanes make a generall league against the Catholikes, which would bring forth great inconueniences. And his admonition was so effectuall, that the Pope desisted in Rome, and reuoked the Commission giuen to the Legats in Trent. After that the Pope had giuen distast to the Spaniards, in not gi∣uing place to the Ambassadours, to appease them againe, he gaue care to the instance of Ʋargas, who had troubled him many dayes together desiring that as meanes was found that the Count of Luna, the Ambassadour of his King, might come into congregations, so, the time of celebrating the Sessi∣on drawing neere, his Holines would find a way that he might be there also; Whereof hauing considered well, and consulted with the Cardinals, hee re∣solued finally that a place, separated from the other Ambassadours, should be giuen the Count in the Session also, and to remedy the comperency which would be in giuing the Incense & the pax, he gaue order that 2. Censers should be vsed, and Incense giuen to the French-men, and the Spaniard both at once; as also two Paxes to be kissed at the same instant. And hee wrote to the Le∣gats to doe so, commanding that they should conceale all vntill the time of the execution, for feare some inconueniences might bee prepared if it were knowen.

Morone, according to the Popes command, concealed the order, neither * 1.41 did the French-men know of it at all. On Saint Peters day, the 29. of Iune; the Cardinals, Ambassadours, and Fathers being assembled in the Chappell of the Cathedrall Church, and the Masse being begun, which the Bishop of Asti, the Duke of Sauoy his Ambassadour, did celebrate, on the sudden a mur∣rey veluet chaire came out of the Vestry, and was placed betweene the last Cardinall, and the first Patriarke: and by and by the Count of Luna, the Spa∣nish Ambassadour, came in, and sat vpon it; whereat the Prelats kept a great murmuring, Loraine complained to the Legats of this sudden act, concealed from him. The French Ambassadors sent the Master of the Ceremonies to make the same complaint, telling the of them ceremonies of the Incense and

the Pax. The Legats answered there would be two Censers and two Paxes; wherewith the French were not satisfied, and said plainely, that they would be maintained, not in paritie, but in precedence, and would protest against euery innouation, and depart from the Councell. These goings and com∣mings continued vntill the end of the Gospel, so that the Epistle and Gospel were not heard, by reason of the great whisperings. The Theologue being gone into the Pulpit to preach, the Legats, with the Cardinals, Ambassadors of the Emperour, and de Ferrieres, one of the French, retired into the Vestry, where this matter was handled, and the Sermon was ended before any thing was concluded. In the midst of the Credo a silence was made, and Madruccio, with Fiue Churches, and the Ambassadour of Polonia, came out to speake with the Count of Luna, and to pray him in the name of the Legats, that, for that time, hee would bee content, that neither Incense nor the Paxe should be giuen to any, to hinder this sudden tumult, which might cause some great euill, promising that, at any other time when hee requested, they would execute the order of his holinesse of two Censors and two Paxes at once, which being considered on before hand, both hee and they, and all might be able to resolue how to gouerne themselues with wisedome. After long discourse, they returned with this resolution that the Count was con∣tent. So they all came out of the Vestry, and went to their places, and the Masse proceeded without Incense or Paxe. And as scone as these words were said; Ite, missaest, the Count of Luna, who, in the Congregations, was wont to goe out last, did goe then before the Crosse, followed with a great part of the Spanish Prelats, and Italians, subiect to his King. Afterwards the Legat, Ambassadours, and residue of the Prelats departed also, after the vsu∣all manner.

The Legats, to bee freed from the imputation layd vpon them for this secret, and almost fraudulent proceeding, n a matter of so great weight, were faine to publish the expresse orders, receiued from Rome, to doe so in that time, in that maner, and without participation of any. De Ferrieres said pub∣liquely, that but for the respect he bare to the worship of God, hee would haue protested, as he had in commission from his King, which he would doe hereafter, in case the vsuall ceremonies of Incense and paxe were not restored, and giuen them in their due place. The Cardinall of Loraine also wrote a sharpe letter to the Pope, declaring the wrong that should haue beene done them, and said modestly, that his Holinesse had made him bee told that hee trusted so much in him, that hee would that all the affaires of the Councell should be communicated vnto him; whereof, though he saw no effect, yet he did not complaine; but he was troubled that he had commanded the Le∣gats not to impart vnto him their owne proper affaires, and especially, that, in which he might haue done more good then another, adding, that more mischiefe had insued, but for his mediation. Hee sayde moreouer, that the blame of all was imputed to his Holinesse, and prayed him that he would not be the authour and cause of so great an euill. Hee sent Musottus vnto him al∣so, by post, to informe him more particularly of the resolution of the French Ambassadours, and of the imminent danger. The Count of Luna complai∣ned of the stiffenesse of the French Ambassadours, and magnified his owne

great patience, and modestie, and desired the Legates, that the next Sunday he might be admitted to equall place, & ceremonies, according to the Popes order. Some thought it was a stratagem of the Pope to dissolue the Coun∣cell; and the Papalins, called Amoreuoli, said, that, if they must come to a dis∣solution, they desired it should rather happen for the controuersie about the words of the Councell of Florence, That the Pope is Rector of the Church vni∣uersall; thinking it would be more easie to iustifie his Holinesse in that, and to lay all the blame vpon the French-men.

The next morning, the last of Iune, the Count hauing assembled the Spa∣nish Prelats, and many Italians, told them, that the day before hee went into the Chappell, not to giue occasion of any disturbance, but to keep the right of his King, and make vse of the Popes order; that since he had vnderstood, that, in case he should returne to the Chappel againe, the French-men would protest: which if they should doe, hee must not faile to answere them, in the same maner and termes that they should vse, as in regard of his Holinesse, so also in the behalfe of the Maiestie of his King. The Prelats answered, that if it came to this, they would be readie to doe his Holinesse seruice, and not faile to hold esteeme of his Catholique Maiestie as farre as did concerne them. The Count prayed them againe to consider well of all which might happen in such a case; saying, that himselfe would come prepared also. And know∣ing that the French-men could take but three courses, either against the Le∣gats, or against the King, or against him the Ambassadour, hee meant to be prouided for an answere for all. All the Ambassadours of other Princes per∣swaded the Legats to find a temper; that so great disorder might not happen: who answering, that they must needs execute the Popes command, which was precise, and without any reseruation, and the rather because they had promised the Count to doe it whensoeuer he would request it, the Cardinal of Loraine protested to them, that, in case they did so, hee would goe into the pulpit, and shew of what importance the matter was, and what a ruine it would bring to all Christendome, and with the crucifixe in hand, would cry, Misericordia, perswading the Fathers and people to goe out of the Church, that they might not see so fearefull a schisme, and crying, Hee that desires the welfare of Christendome, let him follow me, would depart out of the Church ho∣ping he should be followed by euery one. The Legats mooued heerewith, perswaded the Count to be content that no Chappell should be helde the next Sunday, nor any procession made, according to the vse, and sent the Pope aduise of all.

Continuall congregations were held in the house of the French and Spa∣nish Ambassadours. The Spaniard sometimes gaue hope he would bee con∣tent, and sometimes made instance to goe to Church, to execute the Popes order for the Incense and Pax. And the French Ambassadours were resol∣ued to protest, and depart, and said openly, that they would not protest a∣gainst the Legates, being but meere nor against the King of Spanic, or the Count his Ambassadour, in regard they did prosecute their cause, nor against the Apostolike Sea, which they would alwayes honour, following the steps of their predecessours, but against the person of the Pope, from whom the preiudice and innouation came, as making himselfe a partie, and giuing

cause of schisme, and for another cause also, appealing vnto the future Pope, lawfully elected, and to a true and lawfull councell, threatning to depart, and to celebrate a Nationall. The Prelats, and other Frenchmen apart, did commonly say to euery one, that the Ambassadors had protestations against the person of the Bishop, who caryed himselfe for Pope, being not lawfull because there was a nullitie in the election for Simonie, intimating particu∣larly the obligation which Cardinall Caraffa had from the Duke of Florence, * 1.42 with promise of a certaine summe of money, which that Cardinall sent after∣wards to the Catholike King, pretending it could not be made, but by con∣sent of the Pope before his assumption, as also another obligation made by the Popes owne hand, then Cardinall in the Conclaue, to the Cardinall of Naples, wherof mention hath bin made before. And the President de Ferrieres prepared a very sharpe Oration in Latine, and a protestation: which howsoe∣uer it was not made, yet it was printed, and was shewed by the Frenchmen, and is still to be seene in print, as if it had beene recited; to relate the sub∣stance whereof, is not besides our present purpose, that it may be seene, not what the French said only, but what opinion they brought to the Councel.

He said in substance; That that Councel hauing bin called by means of Fran∣cis * 1.43 and Charles, brothers, French Kings, they, the French Kings Ambassadors, were sory they should be forced to depart, or consent to the diminution of the Kings dignitie; that the prerogatiue of the French King was knowen to whosoeuer hath reade the Popes Law, and the Histories of the Romane Church; as also those who haue read the volumes of the Councels must needs know what place themselues ought to holde, that the Ambassadours of the Catholique King, in former generall Councels, haue followed the Ambassadours of the most Christian, that now the mutation was made, not by the Fathers, who, if they had beene in libertie, would not haue depriued any Prince of his possession, nor by the Catholique King, so neerely allied in amitie and kinred with their King, but by the Father of all Christians, who, in stead of bread, hath giuen his eldest sonne a stone, and for fish, a serpent, to wound, with one sting, the King and the French Church together, that Pius 4. dooth sow seeds of discord, to disturbe the peace of Kings who are in amitie, changing by force and iniustice, the order of sitting, alwayes vsed by the Ambassadours, and lastly in the Councels of Constance and Lateran, to shew that he is aboue Councels; that he can neither disturbe the amity of the Kings, nor alter the doctrine of the Councels of Constance and Basil; that the Councel is ab oue the Pope; that Saint Peter had learned to abstaine from wordly matters, whereas this his successor, and no imitator, did pre∣tend to giue and to take honours from Kings, that by the diuine, Nationall, and ciuill Law, account was held of the Eldest sonne, both in the life time and after the death of the father; but Pius doth refuse to preferre the eldest King before those who were borne long after him; that GOD, in respect of Dauid would not diminish the dignitie of Solomon; and Pius the fourth, with out respect of the merites of Pipin, Charles, Lewis, and of other Kings of France, doeth pretend with his decree, to take away the prerogatiues of the successors of those Kings; that, against the Lawes of GOD and man, with∣out any knowledge of the cause, hee hath condemned the King, taken his

most ancient possession from him, and pronounced against the cause of a pu∣pil; and widow; that the ancient Popes, when a generall Synod was celebra∣ted; haue neuer done any thing, without approbation thereof, and Pius hath, without that Councell, which representeth the Church vniuersall, ta∣ken away the possession of the Orators of a King, a pupill, not cited, sent not to him, but to the Synod, that, to the end prouision might not bee made a∣gainst it, he hath vsed diligence to conceale his decree, commancing the Le∣gats, vpon paine of excommunication; to keepe it secret; that the Fathers should consider whether these be the facts of Peter, and other Popes, and whether they the Ambassadours are not forced to depart, from the place where Pius hath left no place for Lawes, nor so much as any print of libertie of the Councell, in regard nothing is proposed to the Fathers, or published, if it be not first sent from Rome; that they did protest onely against that Pius the fourth, adoring the Apostolike Sea, and the Pope, and the Church of Rome, refusing onely to obey this man, and to esteeme him the Vicar of CHRIST, that they will alwayes haue in great veneration the Fathers; but, seeing that whatsoeuer is done, is not done in Trent, but in Rome, and that the Decrees published, are rather of Pius the fourth, then of the Coun∣cell of Trent, they will not receiue them for the Decrees of a generall Synod. In conclusion, he commanded the Prelates and Diuines, in the Kings name, to depart, and to returne when GOD should restore the due forme and liber∣tie to generall Councels, and the King receiue his due place.

But there was no occasion to protest. For the Count considered finally, that, howsoeuer the Spanish party was greater, in number of Prelats, then the French, yet, because the dependants of the Pope, who at the first were on this side, when they vnderstood the will of his Holines, would now, know∣ing that a dispatch was made to Rome for this cause, thinke fit he should de∣sist vntill the answere and the new order came, and therefore ioyne with the French, his side would prooue to bee the weaker. Therefore inclining to a composition, and all the other Ambassadours, and the Cardinall Ma∣druccio interposing, after many difficulties, they agreed that neither Incense nor the Pax should be giuen in the publique ceremonies, vntill the answere of the King of Spaine did come. This accord displeased the Popes depen∣dants, who would haue beene glad of that occasion to interrupt the pro∣gresse of the Councell, as also those, who beeing weary of Trent, and nor seeing how the Councell could either proceed or be ended, desired the in∣terruption, as the lesser euill, that the discords might not increase. It is cer∣taine that the Pope himselfe, receiuing aduice of this composition, did take it ill, in regard of the same feare, that the discords may not bee made grea∣ter, and some euill en••de. And the Spanish ministers in Italy did all blame the Count, for letting slippe so fauourable an occasion for the seruice, of the King.

This controuersie being composed, the Legats, intent vpon the celebra∣tion * 1.44 of the Session, because the time approched, consulted what might 〈◊〉〈◊〉 done to remooue the differences. Loraine proposed the omission of the two articles, that is, of the Institution of Bishops, and of the authority of the Pope, as things wherein the parties were to passionate, and, concerning Bishos to

say nothing, but what concerneth the power of Order. To some of the Pa∣palins this seemed a good remedie, but to others not; who said, that this would bee attributed to the Pope, as if the forme last composed did not please him, and the Princes would wonder, why his Holines should not rest content, hauing the same power giuen him, which Saint. Peter had; which would haue giuen matter of discourse to the heretiques. Besides, the Spaniards would take occasion to haue little hope hereafter to agree together in any thing; whence infinite difficulties would arise in other matters also. Moreouer there might bee a doubt whether it could be effected, because it was probable that many of the Fathers. Would require, that those Articles should bee declared. The Cardinall of Loraine offered that the Frenchmen should not require it, and so to labour with the Spaniards that they also should be content; adding, that, in case the Legats would doe the like with the Italians, who doe with too much passion oppose the others, all would bee composed.

And very fitly order camefrom the Emperour to his Ambassadours, to vse all meanes that the authoritie of the Pope should not bee discussed in Councell; which his Maiestie did, because hee saw the maior part was incli∣ned to enlarge it, and feared that something might bee determined, which might make his concord with the Protestants more difficult. The Ambas∣sadours, hauing treated with the Legats in conformitie hereof, as also with Loraine, and other principall Prelates, did cause this Article to bee omitted, as also that other of the Institution of Bishops. But first they made many consultations about it, admitting vnto them the Prelates which were of greatest note, and had most followers, sometimes more, sometimes fewer, that they might so dispose of matters; as that all might rest contented, and the Decrees of the prouisions made against the abuses were giuen sorth Concer∣ning the first point, which was of the election of Bishops; the Ambassadors of Spaine and Portugall did sharply oppose this particular, that the Metropo∣litans should examine the persons promoted to Bishoprikes (whereof much hath beene said before) saying, that this was to subiect the Kings to the Pre∣lats their subiects, because authoritie was indirectly giuen them, to reiect the Kings nominations. The French Ambassadors beeing demanded what their opinion was, made shew they did not c••re whether it were decreed or not. Whereupon the Popish Prelats, who thought it as diminution to the Popes authoritie, sayd, that all that point might bee omitted: especially, because, in the fift Session, sufficient prouision was made in that matter. But o∣thers opposing hotely, a conclusion was made by common consent, that it should bee deforred vntill the next Session, that they might haue time so to dispose it, as that it might please all, least the publication of the things agreed on should be crossed, in regard of this.

There was the same difficultie about the last of the Articles proposed, in which a forme of confession of faith was prescribed, to bee 〈◊〉〈◊〉, by those who were designed to Bishoprickes, Abbies, and other Benefices with cure, before the examination; which did so other with that of the election, as that they could not be separated. It was resolued to 〈◊〉〈◊〉 this Article also. But because it was deferred, and then resolued not to 〈◊〉〈◊〉, and after∣wards,

in a tumultuous manner, referred to the Pope, as shall bee said in due place, it is not alieue from our present purpose to recite heere the substance of it. Which was, that not onely it should bee required of them who were designed to Bishoprikes, and other cures of soules, but also an admonition and precept, in vertue of obedience, made to all Princes of what Maiestie or excellencie soeuer, not to admit to any dignitie, magistracie, or office, any person, before they haue made inquisition of his Faith and religion, and be∣fore hee hath voluntarily confessed and sworne the Articles, contained in that forme which, to that end, it did command to bee translated into the vulgar tongue, and publikely read euery Sunday, in all the Churches, that it might bee vnderstood by all. The Articles were. To receiue the Scriptures of both Testaments, which the Church doth hold to bee canonicall, as inspired by God. To acknowledg the holy Catholike Apostolike Church, vnder one Bishop of Rome, Vicar of CHRIST, holding constantly the faith and do∣ctrine thereof, in regard, being directed by the holy Ghost, it cannot erre. To haue in veneration the authority of Councels, as certaine and vndoub∣ted, and not to doubt of the things once determned by them. To beleeue, with a constant faith, the Ecclesiasticall traditions, receiued from one to ano∣ther. To follow the opinion and consent of the Orthodoxe Fathers. To render absolute obedience to the constitutions and precepts of the holy mo∣ther the Church. To beleeue, and confesse the seuen Sacraments, and their vse, vertue, and fruit, as the Church hath taught vntill this time, but aboue all, that in the Sacrament of the Altar there is the true body and blood of CHRIST, really and substantially, vnder the Bread and Wine, by the ver∣tue and power of the word of God, vttered by the Priest, the onely minister ordained to this purpose, by the institution of CHRIST; confessing also that hee is offered in the Masse to God, for the liuing and the dead, for the remission of sinnes. And finally to receiue and retaine most firmely all things which haue beene vntill this time piously and religiously obserued by their ancestours, nor to bee remooued from them by any meanes, but to a∣uoide all nouity of doctrine, as a most pernicious poyson, flying all ••••••isme, detesting all heresie, and promising to assist the Church readily and faithful∣ly, against all heretikes.

It being (as hath beene sayd) resolued to omit this matter, they laboured to rectifie the matter of Residence, by taking away whatsoeuer might dis∣please those who held it to bee, de iure Diuino, or those who thought it to bee, de iure Positino. Loraine vsed all effect all diligehee to make the parties agree, resoluing, that, by all meanes, the Session should be held at the time appoin∣ted. For hauing receiued lately very louing letters from the Pope, co〈…〉〈…〉 him to come to Rome, and to speake with him, and determining to giue his Holinesse all satisfaction, his resolution was to giue him this, as an earnest, that is, to end the discorde, and com••ose the differences betweene the, Pre∣lates; a thing much desired by him. For his going to Rome, he spake am∣biguously, meaning to expectan answere from France〈…〉〈…〉 Another matter, though of no great importance, did prolong the progresse, that is, the hand∣ling of the 〈◊〉〈◊〉 one of Orders, of which a great, long 〈◊〉〈◊〉 was proposed, wherein all were expounded, from the office of a Decon, to the office of a

doore-keeper. This was composed in the beginning by the Deputies, when the Decrees were made, as necessarie to oppose against the Protestants, who say those Orders were not instituted by CHRIST, but by Ecclesiasticall introduction, because there is vse of them, as being offices of good and or∣derly gouernement, but not Sacraments. This Article of the Deeree was taken out of the Pontificall, which would be too long and superfluous to repeat, in regard it may be read in the booke it selfe. And the Decree did * 1.45 declare besides, that those functions cannot be excercised but by him, who, being promoted by the Bishop hath receiued grace from God, and a Cha∣racter imprinted, to make him able to doe it. But when it came to bee e∣stablished, they were troubled to resolue an olde common obiection, what neede there could bee of a Character, and spirituall grace, to exer∣cise corporall Actes, as to reade, light candles, ring bels, which may bee as well or better done by those who are not ordained; especially since it hath beene disused, that men ordained should exercise those functions. It was considered, that the Church was condemned hereby for omitting this vse, so many yeeres. And there was a difficultie how to restore the pra∣ctise of them. For they must ordaine, not children, but men of age to shut the Church doores, to ring the bells, to dispossesse the possessed with deuils: which if they did, they did crosse another Decree, that the inferiour orders should be a necessarie degree to the greater. Neither did they see how they could restore the three offices to the Deaconship, to minister at the Altar, to Baptize, and to preach, nor how the office of the Exorcists could bee ex∣ercised, in regard of the vse brought in, that the Priests onely did dispossesse the possessed. Antonius Augustinus, Bishop of Lerida, would haue had that whole matter omitted, saying that, howsoeuer it was certaine that these were Orders, and Sacraments, yet it would bee hard to perswade that they were brought in in the Primitiue Church, when there were but few Christians; that it was not for the Synods dignitie, to descend to so many particulars; that it was sufficient to say, there are foure inferiour Orders, without descending to any further speciali••ie of doctrine, or making any innouation in the practise. Opposition was made, that so the doctrine of the Protestants, who call them idle Ceremonies, would not be condemned. But Loraine was Authour of a middle course, that the Article should be omitted, and in few words the exe∣cution referred to the Bishop, who should cause them to bee obserued, as much as was possible.

These things being setled, they resolued to reade all in the consultation of those principall Prelates, that all things might passe in the generall Con∣gregation with absolute quiet. Both parties were agreed, but onely in the s〈…〉〈…〉h Anathematisme, that is, that the Hi••••archie is instituted by Diuine ordi∣nation. The Archbishop of Otranto, and other Popish Prelates suspected, that, by such generall words, signifying that all holy Orders, without making difference, are by ordination of CHRIST, 〈◊〉〈◊〉 〈…〉〈…〉ght be in••••redthat Bishops are equal to the Pope. But the Popish Diuines and Canon〈…〉〈…〉 did perswade them not to make difficultie, because it was manifest, by the Canons precedent, and subsequent, that nothing was spoken of 〈◊〉〈◊〉 Order, in which the Pope doth not exceed the Bishops, and 〈◊〉〈◊〉 mention made of 〈◊〉〈◊〉 〈◊〉〈◊〉

The same men suspected also the Proheme of the Article of residence; where it was said, that those who haue cure of soules are bound, by Gods com∣maund, to knowe their sheepe, &c inferring, that it was, in some sort, de∣clared that Residence was by the commandement of God. But the greater part of the Papalines were of the contrary opinion, saying, that all those par∣ticulars which are said to bee commanded by God, to him who hath charge of soules, may be obserued in absence, though not so well as in presence, and that the wordes following doe prouide against all preludice to his Beatitude. They said moreouer, that it hauing bin composed by the Cardinal of Ma••tu••, and often consulted on, this doubt was neuer made, and that at Rome like∣wise they did not thinke it preiudiciall. But Otranto and his followers could not possibly bee remoued from their opinion.

Some of the Spaniards were very earnest for the declaration, that the In∣stitution of Bishops, and Residence are de iure diuino, but were forced to de∣sist, because the maior part of their Colleagues were disswad••d by Loraine, who vsed tearmes of conscience; saying it was not good, nor acceptable to GOD, when the good desired could not bee effected, to cause euill by a superfluous and vaine instance; that it was sufficient to hinder the preiu∣dice which some thought to haue done the truth, by establishing contrary opinions, and that if all could not bee now obtained which was desired, some thing might bee hoped for hereafter, by the assistance of GOD. But Granuta Segouia, and some others could not bee remooued by any meanes; and on the other side, it was not possible to make quiet the Patr••arke of Ie∣rusalem, or the Archbishop of Otranto, and their adherents, who resolued to crosse all that was proposed, as not seruing to remoue the differences, but onely to couer them; beeing assured, that, in the progresse, they would re∣turne with greater force, and thinking it better, in case they must needes breake, to doe it before the Session then after. Neither were the Legates a∣ble to perswade them.

Notwithstanding these two contradictions, matters were established with the other principall Prelates; and the ninth of Iuly the generall Congre∣gations began; in which all that belongeth to the doctrine and Canones of Order being first read, the Cardinall of Loraine gaue an example of speaking briefly, and making no difficultie: and was imitated by others, vntill it came to Granata to speake; who said, it was an indignitie, that the Fathers * 1.46 should bee thus derided, handling the foundation of the Institution of Bi∣shops so long, and now omitting it; requiring the declaration, de iure diui∣no, and wondring why a point so true and infallible, should not bee decla∣red. He added that all bookes which say the contrary ought to bee condem∣ned as hereticall. Segouia adhered to him, and said it was an expresse trueth, which could not bee denied, and that it ought to bee declared, to condemne the heretiques who defend the contrary. Guadi••e, Aliffe, Morte Mara••••o, and some other Spanish Prelates followed: some of which said, that their opini∣on was as true as the precepts of the decalogue. The Bishop of Conimbri〈…〉〈…〉 did complaine publiquely, that the trueth was circumuonted by craft; that is by ordaining titular Bishops. For this did shew that 〈…〉〈…〉diction was not essentiall to a Bishopricke, nor receiued immediatly from CHRIST. And

hee required a declaration to the contrarie, repeating the conceipt often v∣sed, that a Church and faithfull subiects were as essentiall to a Bishop, as a wife to an husband. The Decree of Residence being proposed afterwards, Loraine did approoue it with the same breuitie; onely hee aduised, that where the causes of absence are expressed, amongst which is vtility of the Church, vtility of the Common-wealth should bee added also, to remooue all impediment which that Decree might bring to the admission of Pre∣lates to offices and publique Councels; wherein he had a generall applause, Madruccio, who followed, spake in the same manner. The Patriarke of Ie∣rusalem, and the Archbishops Verallo, and Otranto refused to deliuer their opinions concerning that Decree: whereof the Archbishop Braga, when his turne was to speake, complained, and turning to the Legates, told them, after a reprehending manner, that they ought to vse their authoritie, and to force the Prelates to speake their opinions, and that it was a bad example in Councell, as if they were compelled to bee silent, or had an ambition not to speake but when they had followers. Whereupon others, who resolued to imitate them, changed their purpose, and consented to the Decree. The other Decrees were approoued as they were read, but onely that Granata made instance that Residence might bee declared to bee de iure diuino in plaine words, because (hee said) the ambiguous words of the Proheme were vn∣worthy of the Councell, which was assembled to take away, and not to in∣crease the difficulties; that bookes maintaining the contrary should bee pro∣hibited and that Cardinals should expresly and namely bee comprehended in the Decree. This last concerning Cardinals, did seeme to please many. Whereupon Morone answered, that consideration should bee had of it, and that it should be spoken of another time. They proceeded in the residue, and, in the end, the Patriarch and the two Archbishops consented also to the Decree; which was the first thing to make them hope that the Session could be celebrated at the time appointed, a thing thought impossible, but effe∣cted, by the dexterity of the Cardinall of Loraine,

The dayes following the Fathers gaue their voyces concerning the other Articles of reformation. In which there was no difference of moment, but onely, that, at the great instance of Pompeius Zambeccari, Bishop of Sul∣mona, one particle was remooued out of the Articles of the first Tonsure; in which it was said, that, if the promoted shall committe any delict within sixe moneths after the ordination, the ordination shall bee presumed to bee fraudulent, and the ordained shall not enioy the priuiledge of the Court; and whereas it is decreed that none should bee ordained before hee was appropriated to some Church, the innouation of the Decrees made by the Later an Councell was added, that those also who were ordained to the title of the Patrimonie should bee applied to the seruice of some Church, in which they should actually exercise themselues, or otherwise should not bee parta∣kers of the priuiledges. This last was taken away also: and for the residue, with a small variation of words, and those not belonging to the substance, satisfaction was giuen to all the Fathers.

The Spaniards, who could not obtaine in Congregation the declaration for the institution of Bishops as they desired, did the thirteenth day at night,

assemble in the house of the Count of Luna; where Granata and his adhe∣rents, perswa••ed him to protest to the Legates, in case the determination of that point should bee omitted; but others disswaded it, as a thing which might raise a great commotion. The whole Congregation was spent in dis∣putes, and ended in contention, deferring the resolution vntill the next mor∣ning. When the Count, hearing againe the diuersitie of opinions, and considering that it would much displease the Pope, all the Italian Bishops, and all the French men, who had reformed their opinions, prayed Grana∣ta to thinke as others did, in regard it was not a matter of conscience, because the question was not in what manner it should bee refined, but whether it should be refined, or omitted. Granata not changing, but saying that hee thought in his conscience the determination was necessary, hee desired him that hee would speake his opinion quietly, and freely, and content himselfe if it were not embraced by others, and abstaine from contentions; which both hee and the others promised to doe.

The next day, which was the next before the Session, a generall congre∣gation was held, in which Morone did propose; whether the Fathers were pleased that in the Articles of Residence, and of the age of those who are to bee ordained, mention should bee made of Cardinals; and particularly of the age. Few did consent, and most of them did discourse that there is no cause to make any Cardinals vnder age, except Princes, in whom age is not considerable, because they doe honour the Clergy, of what age soeuer they bee; and that it was to no purpose to make a Decree where there was no a∣buse. But in the particular of the residence, the greater part was of opinion they should bee named. But some contradicted, because it would bee an ap∣probation that Cardinals might haue Bishopriques, and, by consequence, Commendaes; which was not fit to doe, but to leaue them to their consci∣ence, which must needes tell them that they are not exempt from the gene∣rall precept, rather then by naming them, to approoue two abuses at once, plurality of Benefices, and Commendaes. Afterwards some other particulars of small weight beeing handled and concluded, all which was to bee publi∣shed in Session was read againe, the Prelates giuing their opinions onely with the word, placet. Some Spaniards and Italians, in number twenty eight, answered negatiuely, and the others, being 192. did consent; and in the end Morone concluded, that the Session should be held. He thanked the Fathers for accepting the Decrees, and exhorted the others to ioine with them, and prayed the Count of Luna to perswade his Prelats, that, seeing the vniuersall concourse of all the Councell in one opinion▪ they would not dissent. Where∣of speaking with him more particularly, after the congregation, he promised, that, whensoeuer the Popes authority should bee declared, according to the forme of the Councell of Florence, the institution of Bishops should bee de∣clared also to bee de iure diuino. The Spanish Prelates beeing assembled that day at night, in the house of the Count, after many discourses, grounding themselues vpon the Cardinals promise, were content to accept all things.

The fifteenth of Iuly beeing come, they went all to Church early in the * 1.47 morning with the vsuall order; where the accustomed ceremonies were v∣sed.

The Bishop of Paris sang Masse, and the Bishop of Aliffe preached, and did offend the French-men, by naming the King of Spaine before their King; as also the Polonians, by naming Portugall before Polonia; and the Venetians, by mentioning the Duke of Sauoy before their Republique. He seemed to say also, that the celebration of the Councell, was a continuation with the prece∣dent of Paul and Iulius; wherein the Imperialists and French-men had ill satisfaction. He spake also of the faith and manners of the heretikes and ca∣tholikes; and said, that as the faith of the Catholiques was better, so the he∣retiques did exceede them in good life; which did giue much distaste, especi∣ally * 1.48 to those who remembred the saying of our Sauiour, and of Saint Iames, that faith is not shewed but by workes. At that instant nothing was sayd, for feare of troubling the ceremonies. But the next day, the French Ambas∣sadours, the Polonian and the Venetians, desired the Legats that the Sermon might not be printed, nor put amongst the acts of the Councell. The Masse, and the other prayers being ended, the Briefes of the Legation of the Cardi∣nals Morone and Nauaggero were read, as also the Mandats of the King of Po∣lonia, of the Duke of Sauoy, the letter of the Queene of Scotland, and the Mandate of the Catholique King. Afterwards the Decrees of the doctrine of faith were read; in which there was no contradiction, but onely that the maior part of the Spaniards sayd, they did consent vpon condition, that the Lords the Legates, should performe the promise made to the Ambassa∣dour of their King.

The Decree of faith did containe in substance. 1. The Sacrifice and the Priesthood, are vnited in each law; therefore there beeing a visible sacri∣fice * 1.49 in the New Testament, that is the Eucharist, it must be confessed necessa∣rily, that there is a visible and externall Priesthood, in which power is giuen, by diuine institution, to consecrate, offer, and minister the Eucharist, and to remit and retaine sinnes. 2. Which Priesthood beeing diuine, must haue many Orders of Ministers to serue in it, which must ascend from lower to higher ministeries, because the Scripture maketh mention of the name of Deacons; and from the beginning of the Church the ministeries of Subdea∣cons, Accolythites, Exorcists, Readers, & Ostiaries were vsed, placing the subdea∣conship amongst the greater Orders. 3. And because grace is conferred in the holy ordination, Order is truly and properly one of thé seauen Sacraments of the Church. 4 In which a Character beeing imprinted, which can∣not be blotted out, the Synode doth condemne those who say that Priests haue sacerdotal power for a time, so that they may returne to the world, and not exercise the ministery of the word of God. And doth condemne those who say all Christians are Priests, or haue equall spirituall power; which is nothing but to confound the Ecclesiasticall Hierarchie, which is in an or∣der, as an armie of souldiers. To which Hierarchicall order doe belong es∣pecially Bishops, who are superiour to Priests, to whom it appertaineth to administer the Sacrament of Confirmation, to ordaine Ministers, and to per∣forme other functions. The Synode doth teach also, that, in the ordination of Bishops, Priests, and other degrees, the consent, vocation, or authority of the Magistrate, or of any other secular power is not necessary; and that those, who, called onely, or instituted by the people, secular power or Magistrate,

or by their owne temeritie, doe ascend to Ecclesiasticall Ministeries, are not Ministers, but theeues.

This doctrine was attended with eight Anathematismes. 1. Against him that shall say, that there is no visible Priesthood in the new Testament, nor any power to consecrate and offer, and remit sinnes, but onely an Office, or naked Ministery to preach the Gospel, and that those who doe not preach are not Priests. 2. Or that, besides Priesthood, there are not greater Orders, * 1.50 and lesse, which are degrees to ascend to Priesthood. 3. Or that holy ordi∣nation is not a Sacrament, but an humane inuention, or onely a certaine Rite, to elect Ministers of the word of God, and of the Sacraments. 4. Or that the holy Ghost is not giuen by the holy Ordination, nor any Character im∣printed, or that a Priest may returne to bee a Laique. 5. Or that the holy Vnction, or other Ceremonies which the Church vseth, are not requisite, but may be omitted, or are pernicious. 6. Or that there is not an Hierar∣chie instituted in the Catholique Church; by diuine Ordination, consisting of Bishops, Priests, and Ministers. 7. Or that Bishops are not Superiour, to Priests, or haue not power to confirme and ordaine, or that Priests also haue the same power, or that Orders conferred without the consent or voca∣tion of the people, or Secular power, are voyd, or that they may be lawfull Ministers of the word of God and Sacraments, who are not lawfully orday∣ned by the Ecclesiasticall power. 8. Or that Bishops assumed by authori∣tie of the Pope, are not lawfull and true, but that it is an humane inuention.

Afterwards the decree of reformation was read, which contained eigh∣teene * 1.51 heads. The first concerning the matter of Residence, so much dispu∣ted on, in which it was sayd, that euery one that hath cure of foules, is bound, by the Commandement of God, to know his sheepe, to offer Sacrifices for them, to feede them with preaching, Sacraments, and good examples, and to attend other Pastorall charges; which things because they cannot be per∣formed by him who doeth not assist and watch ouer the flocke, the Synode doeth admonish them to feede and gouerne, with iudgement and trueth. But that none by a badde interpretation of the Constitutions, made vnder Paul the third in this matter, may thinke the absence of fiue Moneths lawfull, it doeth declare, that whosoeuer hath Bishoprickes, in what title soeuer, though Cardinals, are bound to reside personally, nor may bee absent, but when Christian charitie, vrgent necessitie, due obedience, or vtility of Church or Common-wealth doth require; as also that such cau∣ses of absence must bee approoued for lawfull, by the Pope, or Metro∣politane, except they bee notorious or sudden, in which case the Prouin∣ciall Councels must take knowledge, and iudge of the licences graunted, that there may bee no abuse therein, the Prelates prouiding that the people may not be damnified in their absence. And because a short absence deser∣ueth not this name, though without any the causes aforesayd, it doeth de∣clare that this shall not exceede the space of two moneths, or three at the most, whether it be continuate or at diuers times, so that there be equity of reason in it, and without the dammage of the flocke; which must be refer∣red to the consciences of the Prelats; admonishing euery one not to be absent on Sundayes in Aduent, Lent, Feast of the Natiuitie, Resurrection, Pentecost, or

Corpus Christi. Which Decree, he that shall violate, besides the penalties im∣posed vpon Non-residents vnder Paul the third, and mortall sinne, may not, with a good conscience, enioy the Fruits for that proportion of time, de∣creeing the same concerning all those that haue charge of soules, who, be∣ing absent with leaue of the Bishop, must substitute a sufficient Vicar, ap∣prooued by the Bishop, allowing a conuenient stipend; and doeth ordaine that this Deceee, together with the other vnder Paul the third, shall bee pub∣lished in the Prouinciall and Diocesan Councels.

The second Article of the Decree concerning Order, was; That whoso∣euer doeth hold a Bishopricke, in what title soeuer, though a Cardinall, not receiuing consecration within three moneths, shall lose the Fruits, and de∣ferring three moneths more, shall lose the Benefice, and that the consecra∣tion, if it bee not in the Court of Rome, shall bee celebrated in the proper Church, or in the Prouince at the least, if there be opportunitie. The third, That Bishops shall celebrate the ordinations in their owne person, and, in case they be sicke, shall not send their subiects to bee ordained by other Bi∣shops, before they bee examined and approoued by themselues. The fourth, That the first Tonsure shall not bee giuen but to him that is confirmed, and hath learned the principles of Faith, to reade and write, and hath chosen a Clericall life to serue GOD, not to auoyd the Secular iudgement. The fift, He that is to be promoted to the inferiour Orders shall haue testimonie from the Parish Priest, and Schoolemaster, and charge shall bee giuen by the Bi∣shop, that his name may bee proposed publikely in Church, and inquisition made of his birth, age, manners and life. The sixth, That none shall haue an Ecclesiasticall Benefice before the age of fourteene yeeres, nor enioy the exemption of the tribunall, if he haue not an Ecclesiasticall Benefice, or, wea∣ring the habit and Tonsure, doeth not serue in some Church, by commission from the Bishop, or dwell in a Seminary, or Schoole, or Vniuersitie, with licence of the Bishop. And, for married Clerkes, the constitution of Boniface the eighth shal be obserued, with condition likewise that they shal serue in the Church, in habit and Tonsure, by deputation of the Bishop. The seuenth, That when an ordination is to be made, all shal be called to the Citie, the Wednes∣day before, and diligent inquisition and examination of them made by the Bishop, with the assistance of who he pleaseth. The eighth, Ordinations shall not be celebrated but in times appointed by the law, in the cathedral Church, in presence of the Canons: and if occasion bee to make it in an other place of the Diocesse, it shall bee in the most worthy Church, in presence of the Clergie. Euery one shall be ordained by his owne Bishop, or, if any bee or∣dained by another, he shall haue letters testimoniall of his owne. The ninth, A Bishop shall not ordaine one of his family that is not his subiect, if he haue not dwelt with him three yeeres, and, in that case, shall presently conferre a Benefice vpon him. The tenth, No Abbat, or other Prelate, shall conferre the first Tonsure, or the minor Orders, but vnto Regulars, their subiects; nor these or other Prelats, Colledges, or Chapters, shall grant dimissorie letters to Secular Clerkes to receiue Orders. The eleuenth, That the minor Orders shall be conferred vpon him that vnderstandeth the Latine tongue, and with interposition of time betweene one Order and another; and these being de∣grees

vnto others, none shall be ordained if there be not hope that hee may bee worthy of holy orders; and from the last of the minor Orders vntill the Subdeaconship, there shall be the interposition of a yeere, if the Bishop shall not iudge otherwise for the good of the Church. The twelfth, None shall be ordained Subdeacon before the age of two and twenty yeeres, Deacon be∣fore three and twenty, Priest before sixe and twenty. Neither shall the Re∣gulars haue any exemption herein. The thirteenth, Subdeacons, and Dea∣cons shall bee first proued in the minor Orders, shall haue hope to liue conti∣nently; shall serue the Church to which they are ascribed, and shall thinke it very conuenient to receiue the Communion on Sundayes, and solemne Feasts, when they serue at the Altar. Subdeacons shall not passe to a higher degree, vntill they bee exercised one yeere in their owne; but two holy de∣grees shall not be giuen in one day, by vertue of any priuiledge whatsoeuer. The fourteenth, None shall be ordained a Priest but a Deacon, which hath been exercised in that ministery, a whole yeere at the least, and found suffi∣cient to teach the people, and administer the Sacraments: and the Bishop shall take care that they celebrate the Masse euery Sunday, and holy day, 〈◊〉〈◊〉, in case they haue cure of soules, they shall satisfie their charge; and if any be ordained to the superior Orders, before the inferior, the Bishop may dispense, if there be a lawfull cause. The fifteenth, Howsoeuer Priests receiue power, in their ordination to absolue from sinnes, yet none shall heare confessions, who haue not a Parochiall Benefice, or is not approued by the Bishop. The sixteenth, None shall be ordained before hee bee ascribed to some particular Church, or pious place, to exercise the ministery of that Order; and, if hoc abandon the place without consent of the Bishop, the ministery shall be pro∣hibited vnto him; and no strange Clerke shall bee admitted to the exercise of the Ministery without the letters of his Ordinary. The seuenteenth, To bring againe into vse the functions of the Orders from a Deacon to an Ostia∣rie, which, being vsed from the time of the Apostles, haue been intermitted in many places, that they may not be derided by the heretikes, as idle, these Ministeries shall not be exercised, but by those who haue receiued the Orders appertaining, and the Prelates shall restore those functions, and in case they haue not continent Clerkes for exercise of the minor Orders, they may take married men, so that they haue not been twice married, and be in other re∣spects apt for that exercise.

The last article was for the institution of Seminaries, in which it was con∣stituted, that euery Episcopall Church should haue a certaine number of boyes, brought vp in a Colledge, neere the Church, or in another conueni∣ent place, the boyes shall bee twelue yeeres olde at the least, legitimate, and distributed into formes, by the Bishop according to their number, age, and progresse in Ecclesiasticall discipline. They shall weare the habit, and tonsure, learne Grammer, Musicke, Ecclesiasticall computation, the holy Scripture, to reade the Homilies of the Fathers, know the Rites and Ceremonies of the Sacrament, and especially that which belongeth to hearing confessions. And to defray the charge thereof, where there is any reuenue deputed for educa∣tion of children, it shall bee applied to this Seminarie, and, to supply that which remaineth, the Bishop, with foure of the Clergie, shall detract a por∣tion

from all the Benefices of the Diocesse, and apply simple Benefices also to this vse, and compell those who haue Schoole-houses, or other charge to reade or teach in the Schooles of the Seminarie, by themselues, or by suffi∣cient substitutes; and Schoolemasters places shall not bee giuen hereafter, but vnto Doctors or Masters in Diuinity, or in the Canon law. And if, in any Prouince, the Churches be so poore, that a Seminary cannot bee erected in them, one, or more, shall bee appointed in the Prouince, and in the Chur∣ches of the great Diocesse the Bishop shall erect one, or more if hee thinke fit, besides that of the Citie, which notwithstanding shall depend on that of the Citie.

In the end, the Decree, intimating the next Session for the sixteenth of September, was read, expressing that then the Sacrament of Matrimony was to bee handled, and other things pertaining to the doctrine of Faith, as also the prouisions of Bishoprickes, Dignities, and other Benefices, and diuers other articles of reformation. The Session continued from nine vntill six∣teene a clocke, with great content of the Legates and Popish Prelates, that matters did passe so quietly, and with such a generall consent; And they commended the Cardinall of Loraine aboue all, confessing that he had beene the most principall cause of this benefit.

No act of this Councell was seene with more desire then this of this Ses∣sion, * 1.52 euery one being curious to know what that was which held in con∣tention so many Prelats in Trent, and all the Courts of Christian Princes in businesse ten moneths together. But it prooued to be according to the pro∣uerbe, The trauaile of mountaines, and the natiuity of a mouse. No man could finde how it could deserue not onely so great and long paines of so many great persons, but euen the least employment at all. And those who vnder∣stood Theologie, did desire that it should be once declared, what the Coun∣cell did vnderstand by the power of retaining sins, which was made one part of the Sacerdotall power; because they had declared the sence of the other, which was to remit sinnes And others wondered at the declaration, that the inferiour Orders are onely degrees vnto the superiour, and all vnto Priest-hood, in regard it doth appeare, in the ancient Ecclesiasticall Storie, that those who were ordained to any ministery or charge, were, for the most part, perpetually entertained in the same, and the ascending to an higher degree happened very seldome, and was vsed onely in case of necessitie, or great vti∣litie. None of the seuen Deacons instituted by the Apostles, ascended any higher; and in the ancient Church of Rome it selfe it doth not appeare, that the Deacons, whose office was to heare the confessions of Martyrs, did passe to the title of Priesthood. The ordination of Saint Ambrose to bee a Bishop, of Saint Hierome, Saint Austin, and Saint Paulinus to bee Priests, and of Saint Gregorie the Great to be a Deacon is described, without mention of any pas∣sage by other degrees. They did not blame the vse begun in later times, but they marueiled that they did alleadge it as a thing alwayes vsed, whereas the contrary was manifest.

The Decree, that the ministeries of the Orders from a Deacon to an Ostiary should not bee exercised, but by persons promoted to those proper Orders, made a faire shew; but it seemed a thing hard to bee obserued, that, in no

Church none might ring the bels, or open and shut the doores, but the or∣dinarie Ostiaries, nor light the lamps, and candles, but the Accolites, who were to exercise those manuall functions, that they might ascend to Priest-hood. And it seemed some contradiction, to haue determined absolutely, that those ministeries should not bee exercised but by persons ordained, and afterward commanded the Prelats to restore them, as much as conueniently they could. For obseruing the absolute Decree, it is very necessary; that, where persons ordained cannot be had for exercise of those functions, they must not be exercised at all: and if they may bee exercised without Orders, in places where persons ordayned cannot bee found, the absolute definition might haue better been omitted. In the Decree of the ordination of Priests, it was thought very conuenient to prescribe that condition, that they should he able to teach the people; but this did not seeme very coherent with that o∣ther doctrine and vse, that cure of soules is not essentiall to Priesthood, so that to bee able to teach the people is not necessary to those Priests who meane neuer to take that cure vpon them. And to make to a necessary con∣dition in the minor orders, to vnderstand the Latine tongue; was to shew that this was not a Generall Councell of all Christian Nations, in regard this Decree could not be vniuersall, and binde the Nations of Africa, Asia, and of a great part of Europe, where the Latine tongue neuer had place.

The sixth Anathematisme was much noted in Germany; in which an Arti∣cle of faith was made of Hierarchie, which word and signification thereof is aliene, not to say contrary to the holy Scriptures; and though it was some∣what anciently inuented, yet the authour is not knowne; and in case he were, yet he is an Hyperbolicall writer, not imitated in the vse of that word, nor of others of his inuention, by any of the ancients: and following the stile of CHRIST our LORD, and of the holy Apostles, and Primitiue Church, it ought to be named not Hierarchie, but Hierodiaconia, or Hierodoulia. And Pe∣ter Paul Vergerius in Valtelina did make this and other obiections against the * 1.53 doctrine of the Councell the subiect of his Sermons, relating the contenti∣ons betweene the Bishops, and detracting as much as hee could, not onely by words, but by letters also to the other Protestant and Euangelicall Mini∣sters; which they read in their Churches to the people. And howsoeuer the Bishop of Como, by order from the Pope, and the Cardinall Morone, vsed all meanes, and in a very extraordinary manner also, to cause him to depart out of that Countrey yet they were not able to effect it.

Concerning the Decree of Residence, of which euery one discoursed, and expected some good resolution, because there was so much spoken and wri∣ten of it, tha nothing seemed to bee more in voice then that, 〈◊〉〈◊〉 marueiled that in the ende that was pronounced for a decision of 〈◊〉〈◊〉 〈◊〉〈◊〉 which was plaine to euery one, that is, that not to reside was 〈◊〉〈◊〉, except there were a lawfull cause: as if it were not 〈◊〉〈◊〉 〈◊〉〈◊〉 all by the law of 〈◊〉〈◊〉 ture, that whosoeuer doeth absent himselfe from his charge, of what 〈◊〉〈◊〉 soeuer it be, without a lawfull cause, doeth s〈…〉〈…〉

The successe of this Session to〈…〉〈…〉 away the indelligence•• held vntill then•• * 1.54 betweene Loraine and the Spaniards. For these complained, that they w〈…〉〈…〉 abandoned in the matter of the Institution of Bishops, and of the 〈◊〉〈◊〉 〈◊〉〈◊〉

which hee had very often told them that hee was of their opinion, and pro∣mised to labour effectually to cause that doctrine to bee decreed without ma∣king any condition. They added that there was no hope he would bee con∣stant in any other promise, and that the Pope by making him beleeue hee should bee Legate of France, had wonne him. And other things they said, which were little for his honour. On the other side hee iustified himselfe, saying, that the offer was made vnto him to make his friends mistrust him, and that his answere was, that hee would not hearken vnto it, before are∣formation were made in Councell. Notwithstanding it was not beleeued that hee would perseuere in the same opinion, no not so much as in this matter.

The Legates, desirous to finish the Councell, did, so soone as the Session was done, vse meanes to facilitate the residue; which, for matter of faith, was Indulgences, inuocation of Saints, and Purgatorie. And to this end they elected tenne Diuines, two Generals of Friars, and two for euery Prince, that is for the Pope, France, (of which there were but a few remaining) Spaine and Portugall; charging them to consider how the Protestants opini∣on in this matter might briefly bee confuted. And themselues beeing re∣solued, meant to propose their owne opinions in generall Congregation, by which the Canons might be composed, at the same time when Matrimo∣nie should be handled, that they might quickly dispatch those matters, with∣out hearing the disputes of the Diuines, as formerly they had done.

In matter of reformation they treated with the Cardinall of Loraine, the Emperours and Spanish Ambassadours, to bee content that the reformati∣on * 1.55 of Princes might bee proposed also: who saying it was fit that abuses should be remooued, wheresoeuer they were, the Articles were collected, and hope conceiued that all that remained might bee decided in one Session onely. But the Spanish Ambassadour, for many respects of his King did not like that haste, and therefore did crosse it, with many difficulties. First hee proposed, that it was necessary, before the Councell ended, to vse meanes to bring the Protestants thither, alleadging that it would be labour in vaine, if the Decrees were not accepted by them, and that there was no hope they would accept them, if they were not present in Councell. The Legats answe∣red that the Pope had done for his part whatsoeuer was fit, wrote letters, and sent expresse Nuncij to them all, so that nothing could bee done to make their contumacie more manifest. The Count answered, that hee did not desire it should be done in the name of his Holinesse, because that would not onely not cause them to come, but make them more auerse, but in the name of the Councell, with conuenient promises, and intercession of the Emperour. Whereunto the Legats replying, that they would consider on it, they gaue an account thereof to the Pope, that he might use meanes in Spaine to diuert such discourses, and to perswade the ending of the Councell. The Count desired also that the Diuines might speake publikely, according to the vse, concern∣ing the particulars of Indulgences, and of the other matters, perswading the Prelats, that the order might not be changed, nor the reputation of the Coun∣cell diminished, by omitting the examination of those things, which had more neede of it then any other.

The Pope was much troubled with these aduises, and the rather, because Don Lewis d' Auila, and Vargas, the Ambassador resident with him, had giuen their words, that the King would be content that the Councell should end. And calling them vnto him, he made a great complaint of the Counts pro∣position. For the Protestants, he said that none did more desire to reduce them to the Church then hee; that the actions of his predecessors for fourtie yeeres, and his owne, by sending Nuncij expresly to them all, not regarding the indignitie to which hee did subiect himselfe and the Apostolike Sea, was a manifest argument thereof; that he had vsed the Emperors mediation, and the perswasion of all Catholike Princes; that he is assured that the hardnesse of their heart is voluntarie, resolute, and obstinate; and therefore that the re∣ducing of them was no more to be thought of, it beeing impossible, but the preseruation of the obedient; that so long as there was any hope to regaine them, the time did require that all meanes should be vsed to please them, but that beeing lost, it was necessarie to keepe the good, to make the diuision strong, and the parties irreconciliable, that the affaires of their King did require the same, as he would perceiue too late, in case he should temporize in Flanders, and vse termes of mediocritie, that the King should remember what good effects his seuere executions, at his entrance into Spaine, had pro∣duced whereas if hee had proceeded remisly, and desired to gaine the fauour of the Protestants, hee would haue felt those accidents which are seene in France. He complained also that the Count would prescribe a manner of handling matters of Theologie, and determine when they should be well di∣gested. And last of all hee tolde them of their promise, that the King was content that the Councell should end, which the Count did labour to hin∣der. The Ambassadors hauing excused the Count, and confessed what they had said concerning the Kings pleasure for the end of the Councell, the Pope was satisfied, so that they would be content he should say so much, where he thought it necessarie. Whereunto they consenting, hee gaue order to his Nuncio in Spaine to complaine to the King, and to tell him, that he could not penetrate the cause, why the Ambassadours of his Maiestie in Rome and Trent should speake diuersly, and, which imported more, himselfe doing what he could to gratifie him, for what cause he should be crossed by his Ministers, in regard, the Councel continuing, he was hindered from doing his Maiestie many fauors and graces, that if for his affaires in Flanders, or for the inte∣rests of the Emperour in Germanie, he did desire any thing of the Councel, he might know by experience how hard it was to effect it in Trent; that they might promise themselues any thing from him, and that hee was resolute, so soone as the Councel was ended, to send into all Prouinces to prouide for the particular necessitie of euery one, whereas in Trent generall prouisions onely can bee made, which haue infinite difficulties, to bee fitted to euery place.

But the perswasions of the Count in Trent made a diuision of the Prelates, some desiring that those matters might bee exactly disputed; and the rather, because very little or nothing was spoken of them by the Schoolemen, and whereas for other things handled in the Synode there were decisions ei∣ther of other Councels, or of Popes, or an vniforme consent of Doctors, these

were wholly obscure, and, in case they were not cleered, it would bee sayd that the Councel had failed in the most necessarie things. Others said, that if there were so many difficulties, and contentions in the thing decided already, how much more might they be feared that 〈◊〉〈◊〉 these which are full of obscuritie, where there is no sufficient light shewed by the Doctours, they might goe in infinitum, because they had a large field, in regard of many abuses which were crept into them for matter of gaine, and of the difficultie which would arise about the interpretation of the Bulls, especially of the words vsed in some, of penaltie, and guilt, as also of the maner of taking Indulgences for the dead. Therefore in these, and the adoration of Saints the vse only might be handled, and the residue omitted, and, for Purgatorie, the opinion of the heretikes condemned only; otherwise there would be no end of the Councel, nor any resolution of this difficultie. While these opinions went about, con∣cerning these matters reserued for the last, the Legats resolued to dispatch that of Matrimonie, and to abbreuiate the time of the Session, and to holde it the 19 of August at the latest. This pleased the Card of Loraine very much: * 1.56 who hauing receiued answere out of France, that hee should giue the Pope satisfaction in going to Rome, did resolue so to do in the end of that moneth, so that the Session were celebrated. And he was forced to ioyne with the Pope and his adherents; not onely in regard of the order receiued out of France, but because the Imperialists and Spaniards did mistrust him for the successe of the last Session.

The 22. of Iuly the Anathematismes were giuen forth, not much differing from the manner, in which they were established afterwards. The greatest varietie was, that vntill then they had not sufficiently considered of the fift, condemning diuorces, allowed in the Code of Iustinian: which Anathematisme was aded at the instance of the Cardinal of Loraine, to oppose the opinion of the Caluinists. And it was easily receiued, because it was conformeable to the Schoole doctrine, and the Popes Decrees. But in that of diuorce for adulterie, the composers of the Canons did forbeare to vse the word Ana∣thema, fearing to condemne that opinion which was of Saint Ambrose, and of many Fathers of the Greeke Church, Notwithstanding the others think∣ing that it was an Article of faith, and almost all the Fathers consenting thereunto, the Canon was reformed, and the Anathema added, condemning those that say, that the bond is dissolued by adulterie, and that either of the parties may contract another Matrimonie whilest the other liueth; which Canon receiued afterwards another mutation, as shall be saide in due place. In the Congregations following, the things proposed were easily dispatch∣ed, but almost all the Prelates left those, and spake of ••land••stine mariages, though neither the time, nor the place did comport it, and the difference of opinions therein began to be discouered. In the Congregation of the foure and twentieth day in the morning, the Bishop of Cortona, Ambassador of the Duke of Florence, was receiued; who made a short speech of the deuotion of his Prince towards the Apostolike Sea, and fauour to the Synbd: and thankes were giuen him, In the congregation that night, the French Ambassadors cau∣sed a request to be read in the name of their King, that children which are in * 1.57 the power of their Parents, might not, without their consent, either many or

betroth themselues, or, if they did, that it should be in the power of the pa∣rents to make void, or ratifie the contract, as they pleased. And the same day the Fathers were admonished to put vp in writing to the deputies the abuses obserued by them, in the matter of Matrimonie.

The voyces beeing all giuen concerning the Anathematismes, two Ar∣ticles were proposed; the promotion of married persons to holy Orders, and the making voyde of clandestine marriages. For the former, the Fathers * 1.58 did vniformely, and without difficultie, agree on the negatiue; and the Arch-bishop of Prague, and the Bishop of Fiue Churches, who perswaded them to thinke better on it, were scarcely heard. But the other of clandestine mar∣riage; did not passe so. For one hundred thirty and sixe did approue the making it voyd, fiftie seuen did contradict, and ten would not declare them∣selues. The Decree was composed according to the opinion of the Maior part, that howsoeuer clandestine mariages were good, so long as the Church did not make them voyde (and therefore the Synod doth anathematise him that thinketh the contrarie) yet the Church hath alwayes detested them. And now, seeing the inconueniences, the Synod doth determine, that all persons which hereafter shall either marrie or betroth themselues, without the presence of three witnesses at the least, shall bee vnable to contract, and whatsoeuer they doe therein shall be voide. And another Decree followed, commanding the Banes, but concluding, that if there were a necessitie to o∣mit them, the mariage might be made, so that it were in presence of the Pa∣rish Priest, and of fiue witnesses at the least, publishing the Banes afterwards, vpon paine of excommunication, to him that should contract otherwise. But that great number which would make void the secret mariages, was diuided into two parts, some following the opinion of those Diuines who grant power to the Church to make the persons vncapable, and some, those who say it may make the contract voide. And the Legates themselues did differ. Morone was content with any resolution, so that they might dispatch. Var∣miense thought that the Church had no power herein, and that all mariages, celebrated in what manner soeuer, with consent of the persons contracting, are good. Simoneta said, that the distinction of the contract of Matrimonie from matrimonie it selfe, and the giuing of power to the Church ouer the one, and not ouer the other, seemed to him sophisticall, and chimericall, and was much inclined not to make any innouation.

Concerning the abuses of Matrimonie, many Prelates considered that the causes to hinder mariages, and to make them voyde though they were contracted, were so many, and happened so often, that there were but few not subiect to some of those defects; and (which was more) persons did con∣tract ignorantly; either not knowing the prohibition, or the fact, or by for∣getfulnesse, in whom, after they knew the trueth, many perturbations and scruples did arise, as also suits and contentions about the legitimation of the issue, and the dowries. The impediment of kinred, contracted in bap∣tisme, was particularly alleadged for a very great abuse, because in some places twenty or thirty men were inuited for God-fathers, and as many women for God-mothers, betweene all which, by Ecclesiasticall constitu∣tion, a spirituall kinred doth arise, who oftentimes, not knowing one ano∣ther,

do ioyne in marriage, Many thought fit to take away this impediment; not because it was not well instituted at the first, but for that, the cause of the institution beeing ceased, the effect ought to cease also. They conside∣red that the gossips were then sureties to the Church, for the faith of the children baptized, and therefore were bound to instruct and chatechize them, according to their capacitie, by which meanes they conuersed often, and familiarly with them and their parents as also the gossips amongst them∣selues, by which meanes a certaine relation did arise betweene them, which was a cause to be reuerenced and sufficient to prohibite marriage, as all other causes to which reuerence ought to bee borne. But afterwards, when vse bad abolished whatsoeuer was reall herein, and the God-father did seldome see his God-childe and had no care at all of his education, the cause of reue∣rence ceasing, the relation ought not to haue place.

Likewise the impediment of Affinitie by fornication, nullifying marri∣ages vntill the fourth degree, it beeing a matter of secrecie, did ensnare many, who, vnderstanding the trueth after the mariage, were filled with perturbations. For kinred of Consanguinity, and Affinity, it was said, that the same account beeing now not made of it, as formerly was, and, a∣mongst great personages, scarce memorie kept of the fourth degree, that might bee omitted also. Wherein there was much disputation. Some thought, that as seuen degrees of kinred did hinder marriage for many hundred yeeres, and Innocentius the third tooke away three of them at once, restrayning the impediment vnto the fourth, alleadging very com∣mon reasons, that there are foure Elements, foure humours of mans body, so, it appearing now that foure cannot bee obserued without many incon∣ueniences, the impediments may bee more iustly restrayned to the third. Others contradicted, and sayd, that so they might hereafter proceede fur∣ther, and at the last come to that of Leuiticus; which would cherish the opin∣ion of the Lutherans; and therefore did conclude that it was dangerous to innonate. Which opinion, after much examination, did preuaile. Some thought that the impediment of fornication, beeing secret, ought wholly to beetaken away: But they preuailed not, because there appeared an incon∣uenience, in regard that many things which first are secret are published af∣terwards.

Many were of opinion that no nouitie should bee made in these pro∣hibitions, but power granted to Bishops to dispence, and maintained that it was better to giue it to them then to the court, because they knowing, bet∣ter the merits of the fact, and the causes, may exercise distributiue iustice more exactly herein. They sayd, the court of Rome doth often giue dis∣pensations to persons not knowen, who obtaine them by deceipt, and that diligence cannot be vsed in regard of the distance of the Countreys. besides the world beeing scandalized, thinking they are not giuen but for money, that imfamie ought to be taken away. The Spaniards, and French-men labou∣red effectually herein; but the Italians said they did it to make themselues all Popes, and not to acknowledge the Apostolique Sea, and that the diffi∣cultie of sending to Rome, and negotiating the expedition with paines and cost was profitable, because by that meanes, few marriages were contracted

in degrees prohibited; whereas, if by granting power to Bishops there were a••facility herein, the prohibitions would, in a short time, come to nothing, and so the Lutheranes would gaine their opinion. Here upon a common in∣cl••natio•• grew, that none should bee dispensed with, in these prohibitions, but for a very vrgent cause; into which opinion those who could not pre∣uaile for the Bishops did enter also, thinking it was more for their credit, if that which was forbid to them, were not granted to others. After many discourses in the Congregations, it was resolued to restraine spirituall kinred; and affinity by mariage and fornication, and to confine the dispensutions also with in the limits which shall be spoken of in reciting the Decrees.

There was some contention also about the ninth poynt, in which Supe∣riours * 1.59 are forbidde to force their subiects to marry, with threats and punish∣ments naming the Emperour, and Kings. Gulielmus Cassodorus, Bishop of Bacellona, opposed, and saide, that it could not bee presupposed, that great Princes would meddle in mariages but for great causes, and for the pub∣lique good; that threats and punishments are then bad, when they are vsed contrary to order of law, but penall precepts, conformable to the law, are iust, and can not bee reprehended. If there be any case (he said) in which the Superiour may iustly command a mariage, he may force the celebration of it, by penall commands, alleading also that it is a thing decided by the Diuines, that iust feare doth not cause an inuoluntary action. Hee desired that lawfull causes might be excepted, and those Superiours only compre∣hended in the Decree, who doe compell against iustice, and order of the law, saying, that many cases may occurre, in which the necessity of the publique good doth require the celebration of a mariage, which hee that would say, that a prince could not command, and cause, by compulsion, to bee celebra∣ted, should offend against the law of God, and man. To this reason he ad∣ded an example, that, in the yeere 1556. the second of Ianuary, Paul the 4. sent a monitorie to Dame Ioan of Arragon wife of Ascanius Columna, that she should not marry any of her daughters without his leaue, or, if she did, the matrimony, though consummated, should be void; which that most wise and sincere Pope would not haue done, if Princes had not power to marry their subiects, in case of the publique good.

In the point of not mentioning Princes he was followed by many, and the name of the Emperour, Kings, and Princes, was taken away. But for the residue hee was much opposed, with this reason onely, that Matrimony is an holy thing, in which the Secular power hath no authority, and if there be any lawfull cause to compell any to marry, it must be done by the Ecclesi∣asticall power onely. The relation of the monitory of Paul, raised a great wispering in the Congregation, and afterwards gaue matter of diuers dis∣courses. Some sayd he did it, not as Prince, but as Pope, and that he had rea∣son to doe it, in regard Ascanius Columna being a traytor vnto him, he would not haue him get new adherences, by mariage of his daughters, by which hee might bee confirmed in his contumacie. Others said, that the Pope, as Vicar of CHRIST, hath no traitors intemporall matters, and that the opini∣on of those who thinke that mariages may be made void by Apostolique au∣thority is not well grounded, except it bee by course of law, or generall ca∣nons,

but not for particular persons, and that, for this, neither reason can be brought, nor example found. Some denied, that one might ground himselfe vpon such actions of popes, which shew rather how farre the abuse of their power can stretch, then how farre the lawfull vse thereof is extended.

And there was no lesse difficulty, because the Decree did comprehend fathers, mothers, and other domesticall Superiours, who might compell their children, especially daughters, to marry: and it was considered, that to come to excommunication, in cases of this kind, was very hard. Yet those who before had defended, that children were bound to obey their Fathers in this particular, did maintaine it. A temper was proposed, that hauing first com∣manded politique Superiours vpon paine of excommunication, domesticall Superiours should bee admonished not to compell their children against their will. But the same men still opposed, and said, it was not iust to take from fathers that power which God hath giuen them. And, in the end, it was resolued to take this part quite away. But the bishop of Barcellona, and some few besides, were not of the same opinion, as to say, that as the authority of fathers and other domesticall Superiours ouer mariages was manifest, or, at the least, not to bee doubted, and therefore not to bee spoken of, so the same consideration ought to bee had of the authoritie of Politique Supe∣riours.

The Congregations, assembled to discusse this point, beeing ended, the last whereof was the last of Iulie, they beganne to speake priuately of secret mariage. And both parties continuing in their owne opinions, some said that the difficulty doth presuppose a doctrine of faith, and therefore cannot bee determined, beeing contradicted by a notable number. This troubled them much who desired they should bee made voide, and thought that they were wholly barred from all possibility to obtaine it.

At this time a difficulty arose, though priuate, yet very contentious. * 1.60 For the Deputies concerning the Index, hauing giuen the worke of Bartho∣lomeus Caranza, Arch-bishop of Toledo, to some Diuines, to bee perused, and they hauing related that nothing worthy of censure was found in it, the Congregation did approoue it, and made publique faith thereof at the peti∣tion of his Agent. But because the booke, and the authour were vnder the censure of the Inquisition of Spaine, the Secretary Castellunne complained to the Count of Luna, and the Count to the Fathers of that Congregation, de∣siring a retractation. The fathers not inclining to reuoke the Decree, because they thought it iust, the bishop of Lerida, either mooued by the Count, or for some other cause, beganne to speake against it, and to taxe it, alleadging places of the booke, which, by a bad interpretation, did seeme to deserue censure, and, which was more, touched the iudgement and conscience of those Bishops. The Arch bishop of Prague, the chiefe of that Congregati∣on, in defence of himselfe and his colleagues, complained to the Legates, de∣siring they would shew themselues in the businesse, and protesting not to as∣sist in any publique act, vntill the Congregation had due satisfaction. The Cardinall Morone interposed, and made peace, with these conditions, that no other copie of the faith made should bee giuen, and that Lerida should giue

satisfaction of words to the Congregation, and to Prague in particular, and that all should bee forgotten on both sides. And the Count of Luna, with vnresistable entreaties, got the testimonie out of the hands of the Agent of Toledo: and so this stirre was appeased.

The Legates gaue the Articles of reformation to the Ambassadours, in number thirty eight, that they might commend to their consideration what pleased them, before they were giuen to the Fathers to bee discussed; which * 1.61 Articles were diuided, and one halfe allotted for the next Session, and the o∣ther for the Session following, for the reasons which shall bee related here∣after. The Count of Luna perswaded the other Ambassadours, to demaund, that deputies might be elected for euery Nation, to consider what was fit to be reformed, because the modell giuen by the Legates, made for the interests of Rome, could not be fitted to other countreys. But the Cardinall of Loraine, and the French and Portugall Ambassadours contradicted, alleadging that e∣uery one might speake his opinion concerning the Articles proposed, and propose others, if there were cause, so that there was no need to giue this di∣stast to the Pope, and the Legates, who could not endure to heare speach of Nations in Councell. And the Imperialists comming to this opinion also, the Count retired, but said that diuers considerations ought to bee had con∣cerning those which were proposed.

The Cardinall of Loraine counselled the Legats to facilitate the businesse, and to take away those points which might seeme to cause contradiction, adding, that the fewer matters were handled, the better it would be; where∣at Ʋarmiense seeming to wonder, Loraine asked him, whether hee marueiled * 1.62 because hee saw not in him that heate and desire of reformation, as hee had made demonstration of at other times: and he added, that his desire was the same, and had the same disposition of minde to imploy all his force therein, but that experience hath taught him, that not onely nothing perfect or ordi∣narie can bee done in Councell, but that euery enterprise in that businesse turneth to the worst. He perswaded also the Count of Luna not to seeke to hinder the reformation totally, but if there were any thing which did not fully satisfie him, hee should make the partcular knowen, and hee would la∣bour that contentment should be giuen him.

The Emperours Ambassadours first of all gaue their answere in writing, the one and thirtieth of Iuly; in which they said, that, desiring a generall re∣formation in the head and members, and hauing read the Articles exhibited, they had added some things, and noted others, desiring they might be corre∣cted accordingly, and discussed by the Fathers. And because the Emperour, with the Ambassadours of many Princes, did hold a Diet in Ʋienna, to han∣dle many things concerning the Councell, they hoped they would take it in good part, if, hauing receiued a new commandement from his Maiestie, they should present other considerations also; and that, for the present, they ad∣ded eight Articles to those proposed by them. 1 That a serious, and * 1.63 durable reformation of the Conclaue might bee made in Councell. 2. That alienation of Ecclesiasticall goods, without the free and firme consent of the Chapter, might be prohibited, and especially in the Roman Church. 3. That Commendaes, and Coadiutories, with future succession, might bee taken away.

4. That Schooles and Vniuersities might be reformed. 5. That the Pro∣uinciall Councels may bee inioyned to correct the Statutes of all the Chap∣ters; as also that authoritie may bee giuen to reforme Missals, Breuidries, Agends, and Graduals, not in Rome onely, but in all Churches. 6. That Lay-men may not bee cited to Rome in the first instance. 7. That causes may not bee remooued from the Secular Court to the Ecclesiasti∣call, vpon pretence of iustice denyed, before the trueth of the supplica∣tion bee knowen. 8. That Conseruators may not bee giuen in prophane matters.

And, concerning the Articles exhibited by the Legates, they noted many things, part whereof, as being but of small weight, it will not be amisse to omit. Those of importance were. That Cardinals might bee chosen out of all Nations, that the Vniuersall Bishop might bee created by Electors of all Countreys. That the prouisions against Pensions, Reseruations and Regresses, should bee extended, not onely to the future, but to those also that are past. That the kissing of the Gospel should not be taken from the Emperour and Kings, who ought to defend it. That it may be declared what secular affaires are prohibited to Ecclesiastiques, that that which is determined in the de∣cree of Residence may not be crossed. That, in the Article of not laying taxes vpon the Ecclesiastiques, the cause of Subsidie against the Turkes and other Infidels may be excepted, The proposition, though it were of hard dige∣stion, did not so much trouble the Legats, as the doubt mooued, that some extraordinary demaund for change of Rites, receiued by the Church of Rome, and relaxation of Precepts de iure Positiuo, might come from the Diet in Ʋienna.

The third of August the Frenchmen gaue their obseruations, the essentiall whereof were. That the number of Cardinals might not exceed foure and * 1.64 twentie, and that no more might be created, vntill they were reduced to that paucitie. That they may bee elected out of all Kingdomes and Prouinces. That there may not be two of one Diocesse, nor more then eight of one Na∣tion. That they may not bee lesse then thirtie yeeres of age. That the ne∣phew or brother of the Pope, or of any Cardinall liuing, may not bee cho∣sen. That Bishoprickes may not bee giuen them, that they may the better assist the Pope, and, that their dignitie being equall, their reuenew may bee equall also. That none may haue more then one Benefice, and that the dif∣ference, vnknowen to the good ages of the world, of Benefices simple, and with cure, compatible, and incompatible, may be taken away, and that hee that hath two at this present, may choose and keepe one only, and that with∣in a short time. That resignations in fauour may be quite taken away. That it may not bee prohibited to conferre Benefices onely vpon those who haue not the language of the Countrey, because the Lawes of France forbid all strangers, without exception, to haue Offices, or Benefices in the Kingdome. That the criminall causes of Bishops may not be iudged out of the kingdome, in regard of the ancient priuiledge of France, that none may bee iudged out of the Kingdome, neither voluntarily, nor by compulsion. That power may bee restored to Bishops to absolue from all cases, without exception. That, to take away suits for Benefices, preuentions, resignations in fauour, man∣dats,

expectatiues, and other vnlawfull wayes to obtaine them, may be remoo∣ued. That the prohibition, that the Clergie may not meddle in secular mat∣ters, may be expounded, so that they may abstaine from all functions, which are not holy, Ecclesiasticall, and proper to their order. That the Pensions, al∣readie imposed, may be taken away and abrogated. That, in causes of Patro∣nage, the ancient institution in France may not be changed, to giue sentence in the possessorie, for him who is in the last possession, and in the petitorie, for him who hath a lawfull title, or a long possession. That the lawes of France concerning Ecclesiasticall causes may not bee preiudiced, that the possessorie may beiudged by the Kings Iudges, and the petitorie by the Ecclesiastiques, but not out of the Kingdome. That none may be assumed to bee Canon in a Cathedrall Church, before he be fiue and thirtie yeeres old. That, for the Article containing the reformation of Princes, the Clergie may bee first in∣tirely reformed in this Session, and that which belongeth to the dignity and authoritie of Kings and Princes, may bee deferred vntill the next, and that nothing may be decreed therein, before they the Ambassadours bee heard, who haue giuen account to the King of those and other things, which they had to propose. But howsoeuer they proposed these difficult matters, yet they said indifferently to all, and with affectation, that it might be published, that they would not be earnest in any thing, but that which concerneth the rights and Secular affaires of their Kingdome. The Venetian Ambassadours proposed, that the Article of Patronage might be so accommodated, that it might not giue occasion of nouitie, concerning those who belong to their Republique, and Prince. The Ambassadours also of Sauoy and Tuscane made the same instances.

At this time the Imperialists receiued commission from their Prince, to mediate, as they did, with the Legats, that, in the reuiew of the Index of the bookes, mention might not bee made of the Recesses, of the Diets in Germa∣nie, formerly prohibited by Paul 4: and the Emperors order was somewhat sharpe, that, in stead of handling of Ecclesiasticall matters, they would not giue a forme to the policie of Germanie, and occasion to the people who are gouerned by such Lawes, to aliene themselues from the Church of Rome a∣gainst their wills. Answere was made, that the Bishop of Prague, one of them, who was chiefe of the Congregation, might know whether any speech were made of it, and if there was not, his Maiestie might trust to his Ambassadour, who, in all causes concerning him, should bee fauoured both by them, and by the Pope.

The seuenth day the Spanish Ambassadour presented his writing; in which hee said he was well satisfied with all the Articles, and would not de∣mand any thing, but onely the change of some words, which seemed vnto him to be superfluous, or that they may be expounded better. And hee tou∣ched almost all things which did enlarge the authoritie of Bishops, so mode∣rating the words, that the alteration did not seeme to be substantiall, but that indeed he did rather restraine then augment it. Hee made request also that they would treat of the Conclaue, saying, that the King did much desire it; as also that the part concerning fecular Princes might be deferred vntill ano∣ther Session. After he had exhibited his writing, hee desired the Legates,

that, so soone as voices were giuen concerning the things proposed, they would depute Fathers of euery Nation, to collect what they should thinke necessary for reformation of their Countreys, that all might bee determined with a generall satisfaction. Morone answered in the name of all, that they could not consent to proceede otherwise then they had done hitherto in o∣ther matters. Wherein many things being said by both parties, by the Count to intimate the Councell was in seruitude, and by the Cardinall to shew the libertie, Morone added, that no man could complaine that hee was hindered in his libertie of speaking. The other replyed, that he could not beleeue that any thing of worth had beene done by them, and did not forbeare to tell him, that there was a great murmuring in the Councell for the particular congregations assembled a few dayes since, and that it was supposed that they were made to get voices. The Legates said, it was their duety, in the di∣uersitie of opinions, to vnderstand the trueth, and to accommodate the diffe∣rences, that matters may bee determined with vnion. The Count replyed, that it was well if it were so, but that Italians onely were called, except two or three Spaniards, and as many Frenchmen, who differed from others of their Nations. The Legats defended themselues, that they were not called in proportion, because there were an hundred and fiftie Italians in Councell, and not aboue threescore of all other Nations. The Count seemed to be sa∣tisfied, and, being parted, said to his Prelats, that the Legats hauing begun a discourse to shew that esteeme ought not to bee held of Nations, had con∣cluded it, shewing that they had euer held esteeme of them.

The next day, the Legats and two Cardinals consulted about the aduer∣tisments of the Ambassadours, and how to amend the Articles of reforma∣tion, to be giuen to the Fathers and of the maner to bee held in speaking on them. In which Loraine hauing receiued new letters from France, and order, that both himselfe, and all the other French Prelats should fauour the Popes affaires, wholly bent to satisfie the Legats, perswaded them not to suffer so many points to be handled at once, but to diuide them into parts, according to the subiects, and when one part was ended, to propose another, and to hasten the Session, omitting all the things which had any difficultie, and concluding those onely, in which all, or the greatest part would agree, and particularly not to propose, in the beginning, those in which the Ambassa∣dours did not consent.

The eleuenth day the Congregations began to be celebrated, to establish the Anathematismes, and decrees of Matrimonie. The proposition of the French-men was handled, to make mariages voide, contracted by children, without consent of parents, in whose power they are. And the first that gaue voice, did differ in opinion. The Cardinall of Loraine did approue it, al∣leadging places of the Scripture which giue to the Fathers power to marry their children, examples of mariages of the Patriarkes Isaac and Iacob, ad∣ding the Imperiall lawes of the Institutions and the Code, made by Christian Princes of famous memorie; as also the Canon vnder the name of Euaristus, and another of the Councell of Carthage, produced by Gratian. And hee re∣lated the inconueniences arising herein. The Arcbishop of Otranto was of the contrary opinion; saying, that this was to giue authority to Lay-men ouer

the Sacraments, and make them beleeue that the authoritie in making them voide, doeth depend on the paternall, not on the Ecclesiasticall▪ Besides, it would be a decree directly contrary to the holy Scripture, which expressely faith that a man shall leaue father and mother, and cleaue to his wife. And, for inconueniences, it will cause more, referring the sonnes to their fathers in matters of conscience. And if a father would not consent to the mariage of a sonne, who hath not the gift of continencie, hee would be infinitely per∣plexed. Nine and twentie spake in that Congregation, and twentie were of opinion to omit that matter. Of the others, some approoued the decree so generally, and some restrained it in sonnes to the age of twentie yeeres, and of eighteene in daughters.

In the end of the Congregation, the Venetian Ambassadours caused a * 1.65 demaund of theirs to bee read, concerning the Anathematismes of diuorces; which did continue in substance. That their Republique hauing the king∣domes of Cyprus, Candie, Corfue, Zante, and Cephalonia, inhabited by Grecians, who haue from all antiquitie vsed to put away their wiues for fornication, & take another, for which Rite, well knowen to the whole Church, they were neuer condemned, nor reprehended by any Councell, it was not iust to con∣demne them in absence, hauing not been called to this Councell. Therefore that the Fathers would bee pleased so to accommodate the Canons concer∣ning this matter, that they may not doe them any preiudice. The Legates hauing receiued this demaund, did cause it to bee proposed, without making any particular examination of it; which caused a whispering amongst the Fathers. And in the next Congregation, some of them touched that string, repeating the same, that it was not iust to condemne the Grecians, not heard, nor cited, The Archbishop of Prague opposed, and said, that, by the generall citation of all Christians, they also were vnderstood to be cited by the Pope, To which the Cardinall of Ʋarmia added, that his Holinesse had sent particularly to inuite the Duke of Muscouia: and howsoeuer he knew not wel that hee had inuited other of the Greeke Church in speciall, yet it ought to bee presupposed that the whole nation was called, euen by speciall inuita∣tion, besides, the generall intimation was sufficient, as the Archbishop had said. Whereupon the Legates gaue order to the Secretarie, to take that particular out of the petition of those Ambassadours, that is, that the Grecians haue not beene called. But as well in regard of their proposition, as of the opinion of Saint Ambrose, they would not vse the word Anathema, but found a temper, that is, not to condemne those that say that Matrimony may bee dissolued for adulterie, and another contracted, as Saint Ambrose and some Greeke Fathers did say, and as the Easterne Church doeth practise, but to anathematize those who say, the Church may erre, teaching that the Matrimoniall bond is not broken by adultery, and that it is not lawfull to contract another, as the Lutherans doe maintaine. This forme was generally approued, & many did praise it, and say, that the Councel was assembled only to condemne the opinions of the Protestants, and not those of other Nati∣ons. Yet some doubted how one could bee condemned for saying the Church did erre in teaching an article, the contrary whereof was not con∣demned. But seeing that it was fauoured by so many, they contented them∣selues.

And because the proposition about the mariage of children did bring in a generall question, whether the Church could make mariages void, all be∣ganne to speake of it, howsoeuer it had beene spoken of before, the voices collected and the Decree composed accordingly, as hath been said. Cardinall Madruccio maintained the negatiue, and alleadged many reasons and argu∣ments, saying, that he would oppose in Session also. And Ʋarmiense, and Simoneta, spake as much. But Laynez, Generall of the Iesuites, hauing dis∣persed a writing against the irritation, made a greater confusion, and gaue occasion to many to be more constant and courageous in the other opinion. And in the Congregations they beganne to answere one anothers reasons, with such prolixity, that the Legats were almost of opinion to omit that mat∣ter, for feare it would hinder the Session, and the rather, because the Bishop of Sulmona did first make a question in publique Congregation, whether that matter of irritation did belong to doctrine, or reformation. The Bi∣shop of Segouia, who spake after him, made a long discourse, to shew, that it could not be reduced to doctrine, and therefore the maior part hauing ap∣prooued the irritation, the Decree was as good as established. The Bishop of Modena followed the same opinion, adding, that to handle that matter by way of doctrine, would take away all meanes of making any reformation whatsoeuer. For in all Articles the same difficultie might be moued, whe∣ther the Church hath authoritie in that particular which is handled: which would bee as much as to put Armes into the hands of heretikes, and to take all authoritie from the Church, because it would not bee fit to meddle with that, to which it might be doubted whether their authoritie did extend. He complianed, that that question was moued by him, who ought to hold it, as cleare and decided. This opinion pleased many, who sayd that it neuer ought to bee disputed whether the Church can doe any thing or not, but to take it for granted, that as all power in heauen and earth is giuen to CHRIST, so the Bishop of Rome, his Ʋicar, hath as much, which being communicated by him to the generall Councel, it must be defended that it wanteth no power to doe whatsoeuer is profitable, without disputing whether it concerne do∣ctrine or not. It pleased those also who desired the dispatch of the Councel, perceiuing that the difficultie promoted might hinder the ending thereof, and cause a scandall. And the Legates and principall Italians vsed perswasions that it might not bee spoken of, in regard there was no cause to treat of it with the French men or the Spaniards, who did all agree in opinion, that se∣cret mariages ought to bee made voide. And many assemblies of Prelates were made both amongst themselues, and with the Legates, to this end: and it was resolued that the decree should not onely not bee placed with the do∣ctrine, that it might not seeme to be a part of it, but also that it should not bee so much as in a Chapter apart, lest it might bee doubted whether it was held to be such, or not, but that it should bee inferted amongst the articles of Re∣formation. And to remooue all difficultie the more, it was resolued also so to compose the decree, that they might not seeme to handle that matter pur∣posely, but to mingle it with the first article of the abuses, which was a pro∣uision to restore the Banes, ordained by Innocentius the third, which had been intermitted, and in decreeing as well this, as all the other conditions appro∣priated

for the publike forme of Matrimonie, it should bee added, in two wordes onely, as it were incidently, that all contracts made otherwise were void, and so passe it ouer, and say no more. And the Decree was composed ac∣cording to this sence, and reformed often, alwayes very intricately, and the la∣ter had euer more difficulty then the former. And amongst other alterations, this point, established before, as hath been said, was changed, that the presence of three witnesses was sufficient for absolute validity, and, in stead of one wit∣nesse, it was substituted, that euery Matrimonie should be void, contracted without the presence of the Priest; a thing which did much exalt the Clergie, seeing that so principall an action, in Politicall and Economicall administra∣tion, which vntill then had beene onely in the hands of those to whom it be∣longed, came to be in the power of the Ecclesiasticall order, there remayning no meanes to contract Matrimonie, if two Priests, that is the Parish Priest, and the Bishop interested for some respects, shall refuse to afford their pre∣sence. I haue not found in the memorials who was Author of this great ad∣uantage; as many other particulars of importance are hid from mee also, whereof I would willingly make mention. I ought not to defraud Francis Beaupere, Bishop of Metz, of his due honour, who, thinking it impossible to reduce this Decree into such a forme as might giue satisfaction to various opinions, and to represent them with reseruations and nice distinctions, gaue this forme to it, in which it now is; which as it is subiect to diuers interpre∣tations, so it may bee fitted to diuers opinions: and being proposed in Con∣gregation, it had one hundred thirty and three voyces in fauour of it, and nine and fifty did expresly contradict.

The Legates informed the Pope of all, and demanded order what they should doe, and whether the contradiction of such a number, it beeing im∣possible to perswade them, should hinder the Decree, or not. There was a * 1.66 report, which caused some feare amongst the Fathers, that the plague was in Ispruc, and many would haue been gone, if the Cardinal Morone, who thought that matters were in good terme to finish the Councel, had not vsed meanes to know the certaintie; which was, that in Sborri, a place twentie miles distant from Ispruc, many of those poore men who laboured in the mines, died of a contagious sicknesse, by an infection taken vnder the ground, and that those of Ispruc had prouided so well, as that there was no danger the disease would come thither, which also did decrease in Sborri.

A great stirre happened likewise amongst the Italian Prelates, especially those of the kingdome of Naples, and Dukedome of Milan. For the Catho∣like * 1.67 King moued the Pope, the moneth before, to place the Inquisition in the state of Milan, as it is in Spaine, and to make a Spanish Prelate the Head of it, alleadging, that in regard of the vicinity of places infected, it was necessary to vse exquisite diligence for the seruice of God, and defence of religion: and notice came that the Pope had proposed it in consistory & did shew (howso∣euer it was contradicted by some Cardinals) some inclination to it, at the per∣swasion of Cardinall Carpi, who told him, that it was good for the keeping of the citie of Milan in deuotion towards the Apostolike Sea, which office hee performed, for a secret hope, cherished by the Spanish Ambassador, that, by this meanes, hee should gaine the fauour of the King of Spaine to make him

Pope. The cities of that state sent Sforza Morone to his Holinesse, and Ce∣sare Tauerna, and Princisuale Bisosto to the Catholike King, and Sforza Briuio to the Councell. This last to pray the Prelates, and Cardinals of that state, to haue compassion on their Countrey, which being brought into misery, by excessiue impositions, would bee wholly dissolued by this, which goeth beyond all, many citizens preparing themselues to abandon the Countrey, knowing well that that office had neuer proceeded in Spaine to heale the con∣science, but very often to emptie the purse, and for many other mundane respects also. And if the Inquisitors, vnder the Kings owne eyes doe domi∣neere so rigidly ouer their owne Countrey men, how much more will they doe it in Milan, where remedy will hardly bee found against them, towards persons whom they care lesse for. Briuio declared how the Cities were generally perplexed with this ill newes, desiring the fauour of the Prelates. This did more displease the Prelates, then the Seculars, and those of the Kingdome did doubt, that, the yoke being put vpon the state of Milan, them∣selues should not bee able to keepe it from their owne neckes, as they had done before. The Prelates of Lombardie did assemble, and resolue to write letters to the Pope, and to Cardinall Borromeo, subscribed by them all. They tolde the Cardinall it would bee a preiudice to him, to whom it be∣longed, as Arch-bishop, to bee the chiefe in that office. And they said to the Pope, that there were not such causes and respects as are in Spaine, to put so ri¦gorous an Inquisition amongst them; which, besides the euident ruine which it will bring to that state, will be a great preiudice to the holy Sea. For he could not refuse to place it in Naples also; which would giue occasion to other Princes of Italie to desire the like. And that Inquisition hauing authority▪ o∣uer the Prelates, the holy Sea would haue but little obedience from them, be∣cause they would be forced to seeke the fauor of secular Princes, to whom by this meanes they would be subiect; so that, in occasion of a new Councel, he should haue but few Prelates whom hee might trust, and commaund freely. Neither ought hee to beleeue that which the Spaniards might say, that the In∣quisition of Milan should bee subiect to that of Rome; as doeth appeare by their proceeding in the cause of the Arch-bishop of Toledo, euer refusing to send the Processes which haue beene demanded from Rome: as also doe the Inquisitors of the Kingdome of Sicilie, who depend on Spaine. The Prelates, not content with this and other reasons alleadged vnto the Cardinals, and others of Rome, by euery one to those with whom hee had any power, did perswade also that some word might bee inserted in the Decrees of the Councel, in fauour of the Bishops, to exempt or secure them, and that the man∣ner of making processes in that matter might be decreed, which if it could not be done in the first Session, it might in the next. Morone gaue them hope of sa∣tisfaction. And this accident did trouble the Councell very much, because many were interested in it. But newes came, a few dayes after, that the Duke of Sessa had found the generall distaste it gaue, and, for some reports which came vnto him, doubting that the Dutchie of Milan would follow the exam∣ple of the Flemings, who became Gueux (for so the reformists are called in those Countreys) by the attempt of putting the Inquisition vpon them, know∣ing it was not a fit time to handle that businesse, stopped their Ambassadors,

promising to vse meanes that the State should haue satisfaction. And, but for this, some ma••er of great moment had ensued.

The Pope seeing the answeres of the Ambassadors, made to the Articles proposed by the Legates, was more confirmed in opinion, that it was ne∣cessary to finish the Councell; otherwise hee thought some great scandall would follow: and the inco••ugniences foreseen•• hee esteemed but light, and feared some greater not thought on. But seeing the difficulty to make an end, * 1.68 without determining the things for which the Councel was called, if the Princes were not content, he resolued to treat with all of them herein. There∣fore hee wrote concerning this to his Nuncij in Germanie, France, and Spaine, and spake of it to all the Ambassadours residing with him, and to the Mi∣nisters of the Princes of Italie also, vsing this concept, that to him that assisted to finish the Councell, hee should bee more obliged, then if hee had assisted him with armes, in some great necessitie. To the Legates hee answered that they should principally ayme at the conclusion of the Councell, and should grant what∣soeuer was necessary to obtaine it, admitting as few preiudiciall things as was possible: all which hee did referre to their wisedome who were in the businesse, so that the Councell might end with speede.

But the Legates, hauing together with some of the Prelates, conside∣red the propositions of the Ambassadours concerning the reformation, and, * 1.69 at their instance, omitted sixe of the Articles proposed, and reduced them to the number of two and thirtie, the one and twentieth of August gaue them to the Prelates to bee discussed. Loraine made particular congregati∣ons of the French-men to examine them: which did please the Legates, not onely because they were assured hee had the same intention as they had, but because they were desirous to accommodate them to the common satisfacti∣on, before they were spoken of in generall Congregation. And they gaue order to the Archbishop of Otranto, and Taranto, and to the Bishop of Parma, to assemble their adherents in their priuate houses, to examine them, and search what would giue a generall contentment. This continuing some dayes, the Spaniards, and some Italians, who were not called, murmured very much, resoluing to make a mutinie, and to oppose.

The Archbishop of Otranto went to the Catholique Ambassadour; who * 1.70 admonished him, and sayd, hee was not willing to write to the King those things that would not please him; and told him that those particular con∣gregations were so well vnderstood by all Prelates, that he could not choose but giue his Maiestie an account of it. Hee excused himselfe, and sayd all was for a good end, to facilitate the matter, and to prouide against the dif∣ficulties before the generall Congregation. And the Bishop of Ischia com∣ming iust then to speake with the Count, from the Cardinall Morone, hee told him the same, that those priuate Congregations did displease him, and that his opinion was they could not bee for any other end then to cause diffi∣culties, and to omit part of the Articles, that the Session might sooner bee ce∣lebrated▪ Notwithstanding the Legates, ayming more to satisfie the Pre∣lates, then the Ambassadour, hauing considered on the things obserued in those particular congregations, held them for good aduertisements, and did alter and compose the Decrees, according to them.

But as they were about to giue them foorth, so corrected, the Archbi∣shop of Prague, vpon an instruction newly brought vnto him by a Currier from the Emperour, did instantly desire the Legats, not to propose the Re∣formation of Secular Princes, vntill they had answere from his Imperiall Maiestie, and afterwards was seconded by the Count of Luna. The Legates were much perplexed herewith, considering that France first, and now the Emperour, and King of Spaine were not satisfied. And, on the other side, the common desire of all the Fathers was, that the reformation should bee made all together. Whereupon being assembled in the house of Nauaggero, who was sicke, they proposed, whether all the reformation should be put off, * 1.71 or onely that part which concerneth Princes. Loraine was of opinion that onely this should be deferred, and the residue proposed, which would haue pleased, but that they doubted they should make the Prelates afraid, that the secular reformation should bee wholly omitted, whereby they might take oc∣casion to exclaime both priuately, and in the publique Congregations. Whereupon they resolued to satisfie the Ambassadours, deferring the re∣formation of Princes; and, that the Prelates might not take it ill, to deferre halfe at the least of the other Articles, and those the most important, giuing foorth the rest, as they had corrected them, that the voyces might bee giuen, and the Session celebrated, though the difficultie about the Decree of clan∣destine marriages did make them doubt. The sixt of September one and twenty Articles of reformation were giuen foorth, with order to beginne the congregations on the morrow. In the composition of these, Cardinall Simoneta, and his adherents, vsed all their Arte and ingenie, to proceede with such a temper, that the Court of Rome might not bee preiudiced, and the world which desired reformation, and the Ambassadours who did solicite it, satisfied, and, which was of most importance, the Bishops contented. For beeing desirous to finish the Councell, it was necessary that they should willingly concurre.

The BB. had all one ayme, to haue the gouernment more free: which they thought they should obtaine, if three prouisions were made. One, that Parish Priests should depend on them; which would happen, if the collation of Be∣nefices with cure were giuen vnto them, which point, besides other diffi∣culties, did touch Reseruations, and the rules of the Chancerie, which was to discouer a great part of the secrets of the Court of Rome. For it did plainely appeare, that a gate would bee opened to take all collations from them, which was as much as to take from them all power, and life it selfe. There∣fore they came to a temper, to hold the Reseruations firme, but to make the Bishops. Patrons to giue the Cure to whom they please, vpon pretence of ex∣amination. And, to this end the 18. Article was framed, with exquisite artifice, as euery one may see; which, with a faire shew, giueth power to the Bishop to bestow the Benefice on whom he pleaseth, and yet taketh no pro∣fite from the Court. Another point was of exemptions, wherein they had formerly receiued many satisfactions, and now the 11. Article was added for a totall complement. The exemptions of the regular Orders remained; and the Bishops were in hope, either to take them quite away, or, at the least, so to moderate them, that they should be subiect vnto them, in a great part.

Euer since the beginning of the yeere, there was a congregation erected about the reformation of the regulars, which, by the assistance of the Gene∣rals, and aduice of other religious persons in Councell, had made a great pro∣gresse, and established good decrees, without contradiction; for outward∣ly, and in shew the Regulars did not onely not abhorre, but desire them; but secretly they made account to interpret and practise them as they listed: yea they thought it good to haue a strict reformation in writing; as indeede all * 1.72 their rules are one thing as they are written, and another as they are obser∣ued. But when they beganne to speake of moderating their exemptions, and subiecting them, at least in part, to the Bishops, the Generals, and the Diuines of the Orders did mutiny all together; and treating with the Am∣bassadours of Princes, they shewed them what seruice they did to people, Ci∣ties, and publique Gouernements, offering, that if any abuse whatsoeuer were amongst them, it should be amended; that they would bee contented, with any reformation, and returning to their gouernements, would execute it with more seuerity then it was ordayned; but to subiect the Monasteries to the Ordinaries, was absolutely to put them out of order. For they, not vnderstanding a regular life, nor the seuerity of discipline wherewith it is maintained, would disorder euery thing. The Bishops sayd, that a priui∣ledge is euer with detriment and derogation of the Law, and the reuocation fauourable, reducing things to their owne nature; and therefore to take them away was not to innouate, but to restore things to their ancient state. On the other side it was answered, that the exemption of the Regulars was so well prescribed by antiquity, that it could no more bee called a priuiledge, but common-law; that when the Monasteries were subiect to Bishops, the Ecclesiasticall discipline both in them and their Canons, was so well gouer∣ned, and so seuere, that it merited to superintend ouer all; that if they will restore antiquity, they must doe it in all parts, that if Bishops would returne to bee as they were in those times, Monasteries might bee subiected to them now, as then they were, but it was not iust that they should demand the su∣perintendency ouer Monasteries, before they made themselues to be such as was necessary the Rectors of a regular life should bee. The Regulars were fauoured by the Ambassadours, and by the Legates, for the interests of the Court, which would haue lost a great instrument, if they had not depended wholly on it. And they wanted not the fauour of some Prelates, who con∣fessed their reasons were good. This contention continued certaine dayes, but did abate by little and little, because the Bishops who had mooued it, did discouer euery day more difficulty in it.

The third Article was concerning the impediments which Bishops re∣ceiue from secular Magistrates, who, to preserue the temporall power, doe not suffer them to exercise that absolute dominion which they would, not only ouer the Cleargy, but ouer the people. To this effect, the reformation of Princes was made, whereof wee haue spoken already, and will hereafter, more at large. This part, and others which cohere with it, were deferred vntill another Session, because it was thought a difficult matter, and that it would haue much prolonged the businesse. But the Bishops did expound this delay as if they had meant to haue done nothing in it. And they com∣plained,

that, purposing to reforme the whole Church, the Cleargie onely should be reformed. The Legates vsed all meanes to appease them; shewing; that not this only was deferred, but other matters also, which were necessary to be handled, promising that the delay was only to proceed with more ma∣turitie, and that they should certainely bee discussed; that it was necessary to facilitate the dispatch of that Session, which should be a preparatorie for the other, in which all that remaineth should be handled. The Legats were all bent to hold the Session at the time appointed, thinking it necessary for the quicke dispatch of the Councell: for which the Pope, by euery ordinary Currier, and sometimes by an extraordinary, did sollicite them, that he might be set at liberty from it. In the Congregation of the seuenth of September Friar Martinus Roias, Ambassador for the Hospitalaries of S. Iohn of Ierusalem, now called Knights of Malta, was receiued; which was deferred by reason of the great opposition of some principall Bishops, that hee might not haue * 1.73 place aboue them, saying it was not iust that a religion of Friars should pre∣cede the whole body of so many Prelats. But, finally, the matter was accor∣ded, and published in Congregation, that place was giuen him amongst the Ambassadours, without preiudice of the Prelates, who pretend precedence. The Ambassador made an Oration, and excused their grand Master, who did not send to Trent sooner, by reason of the rumors of the Turkish Armada, and * 1.74 of the incommodities they receiued by Dragut, the Pyrate. He exhorted the Fathers to remedie the present euils, which also did not a little touch the Fri∣ars of their religion, who are not idle members of the Christian Common-wealth. He perswaded the extirpation of heresies, offering that their grand Master, and Societie, would take vpon them the patronage and defence of the cause, spending not their goods onely, but their life and blood. Hee related the beginning of their religion, which was fourtie yeeres before Godfrey did goe to the conquest of the holy land; the heroicall workes done by their an∣cesters, the like whereof they could not performe now, because they were spoiled of a great part of their lands, and possessions; that they are a Barracado of Sicilie and Italie aginst the Barbarians. Therefore hee prayed the Fathers to take notice of the antiquitie, nobilitie, merits, and dangers of that Societie, and to cause their possessions, and Commendaes, vsurped from them, to bee re∣stored, and that it might be decreed by the Councel, that they should be con∣ferred vpon none but of their order, ratifying the immunities and priuiled∣ges thereof. The Speaker receiued the excuse in the name of the Synod, and promised that they would haue that consideration, as his demand, for the preseruation of the Commendaes and priuiledges of that religion, did deserue. But howsoeuer hee made the same instance afterwards to the Legates, and the relation to the Pope, his Holinesse would neuer answere any thing, but that it belonged to him onely to make prouision herein, and that hee would doe it, in time conuenient.

In that Congregation and those that followed, voyces were giuen con∣cerning the 21 Articles of reformation, proposed; in which though there was nothing of great moment, yet for the order of the storie, and declarati∣on of many things which happened afterwards, it is not amisse to make mention of the principall. In the first, which was of the election of Bi∣shops,

it being said that there was an obligation to prouide the most worthy, the difficultie formerly mooued did returne, that it would binde very strait∣ly the hands, as of the Pope in collations, so of kings and Princes in the no∣minations, if they were tyed to nominate one person onely. And the grea∣ter part was of opinion to remooue the comparatiue, and to say onely, that they were bound to prouide a worthy person. But on the other side, some considered that the Fathers haue alwayes vsed this maner of speech, that * 1.75 the most worthy should be preferred, and alleadged the reason, that hee can∣not bee without blame who preferreth the least worthy, though fit, before an other of more desert. There was much disputation herein; but, a meanes was found to compose all, leauing, in shew, the word, more worthy, and spea∣king first in positiue termes, and passing afterwards to comparatiues, that the prouision might bee vnderstood to be free; and so that forme was vsed which is now in Print: that is, that there is an obligation to prouide good and fit Pastours, and that he doth mortally sinne who doth not preferre the more worthy, and more profitable to the Church; leauing a naturall expo∣sition to these words, that many are more worthy and more profitable, in re∣spect of others, who are lesse; in which compasse the will of him that is to prouide hath a large field.

In the third Article there was some difficulty about the visitation of Arch-bishops. These alleadged the Canons, and ancient customes, that the Suf∣fragans did sweare obedience to the Metropolitans, and were wholly subiect to their visitation, correction, and gouernement, and would not consent that their authoritie should be preiudiced, and, amongst these, the Patriarke of Venice was exceeding warme. On the contrary, the Bishops, especially those of the Kingdome of Naples, laboured to mainetaine the custome, by which they differ not in authority, but in name onely. But the number of the Bishops being great, and of the Arch-bishops small, and the Legates and Papalins fauouring those, that these might not, by granting authoritie and re∣putation by their subiection, exempt themselues more from subiection to the Court, they would obtaine nothing, but one word onely of satisfaction; that is, that they were not forbid to visit, when there was cause, approoued by the Prouinciall Councell. Whereof the Arch-bishops did complaine, and say, it was iust nothing. For there beeing one Arch-bishop in the Prouinciall Councel, and many Bishops, it is certaine that the cause would neuer bee approoued.

The sixt Article was concerning the exemption of Chapters of Cathe∣drals, from Episcopall authoritie; in which the Spanish Bishops, and, in con∣templation of them, the Count of Luna hauing great interest, many restricti∣ons & ampliations were made, but not such as did content the Prelats how∣soeuer they were often changed, and in the end deferred vntill another Ses∣sion, as shall be said,

The thirteenth Article, concerning Pensions, spake generally that no Be∣nefice should be burthened with greater Pensions then of the third part of the fruits, or of their value, conformeable to that which was vsed when the Pen∣sions began. This seem 〈◊〉〈◊〉 conuenient to the Cardinall of Loraine, because there are some very rich benefices which could not be said to be burthened,

if they should pay two thirds, and others so poore, that they cannot beare any pension at all. And therefore he said, that this was not a iust distribution, and that it was better to prohibite, that Bishopriques of a thousand crownes and benefices of an hundred, should be burthened, and concerning the others, to say nothing. This opinion preuailed to the great content of the Legates, and Papalins, for the absolute power which was left to the Pope in good Benefices, Those who demaunded a moderation of the pensions of reserua∣tions of fruits formerly imposed of accesses and regresses, made many and long discourses. But the difficultie compelled euery one to bury all in silence, for the confusion and disorders which were foreseene would ensue For all would haue excused themselnes that they would not resigne their Bene∣fices without those conditions, and those especially who had payd compo∣sition to the Chamber for the obtaining of such graces, would haue complai∣ned that the graces should bee taken from them, and the money not resto∣red; the restitution wereof was a thing impossible. Finally euery one thought it enough to prouide for the future, without thinking of that which is past.

The fourteenth Article, which did detest and forbid all payment of part of the fruits for the collation, prouision or possession, did much please the French men. They saide the payment of Annats was taken away by those words. And indeed he that doth consider, and examine them, cannot giue them any other sence, howsoeuer the euent hath shewed, that they haue not been so vnderstood in Rome. In the seuenteenth, in which pluralitie of Be∣nefices is forbid, and dualtie granted when one is not sufficient, some desired an addition, that they should not be distant aboue a dayes iourney, that the incumbent might make part of his residence in each of them. But they could not obtaine it, neither did they much labour, foreseeing that that addi∣tion, as also the whole Article, would not bee executed but against those of the poorer sort onely. The eighteenth, howsoeuer it did please in that it did restore in effect the prouision of Benefices with cure to Bishops; yet the French-men did oppose against the forme of the examination, because it did seeme to binde the Bishops hands to strait. Their reason was, that, by that concourse, too open and to publike a way was giuen to ambition; that antiquitie made profession to giue benefices to him that refused them, where∣as, by this new manner they would not only procure them but professe them∣selues to be worthy of them.

In the nineteenth, the Bishop of Conimbria spake at large against the Expe∣ctatiues or Aduowsons, because they did make the incumbents death to bee de∣sired, and sometimes procured. And for mentall Reseruations, hee sayd they were fraudes, and neere thefts, and that it was better to leaue to the Pope the whole collation of all Benefices, then to vse such vnworthy Artifices, as was to giue vertue to a secret thought, not published, and to leaue a su∣spicion that it was not a reseruation in the minde, but an inuention after the fact. But Simoneta crossed his discourse, saying, that it was good to reprehend abuses for which no prouision was determined, that it might be procured, but seeing a common disposition to the remedie, and the De∣cree composed alreadie, it was sufficient to establish it, by consenting, with∣out

multiplying words of reprehension, ambitiously, when there was no neede.

The eleuenth of September, the French Ambassadours receiued letters from the King, of the eight and twentieth of August; in which hee signified, that hee had receiued the Articles, imparted to them by the Legates, and did see that matters were farre from the hope hee conceiued, because to establish these was to pare the Kings nayles, and to make those of the Ecclesiastiques * 1.76 longer. Which because hee would not endure, hee commanded to represent to the Fathers with wisedome, dexteritie, and courage, that as euery Prince, so long as the Councell doth proceed aright, is bound to fauour it with all heate of zeale, so to couer the sore, which causeth the present euils, and to make a greater, with the preiudice of Kings, is farre from that which was expected. That he saw how lightly they passed ouer the reformation of the Clergy, who onely haue giuen the scandals to those that haue separated themselues from the Romish Church, and how they assume authoritie to take away the rights and prerogatiues of Kings, to breake their Constitutions and Customes, pre∣scribed by time out of minde, to anathematize and excommunicate Kings and Princes, all tending to sowe disobedience, sedition, and rebellion of sub∣iects against their Soueraignes; whereas it is manifest to the whole world, that the power of the Fathers, and of the Councel, extendeth onely to the reformation of the Clergie, without touching matters of State, or of Secular power and iurisdiction, which is wholly distinct from the Ecclesiasticall, and that alwayes, when the Fathers and Councels haue presumed to handle such things, Kings and Princes haue made resistance; whence many seditions and warres, to the great damage of Christendome, haue proceeded. That they should exhort them to bee carefull in that which belonged to their charge, and was necessarie for the present occasions, and to leaue those at∣tempts, which, hauing neuer done good heretofore, would produce a worse effect in those times. The King added, that, if the Fathers would not retire vpon these perswasions, they, the Ambassadours, should make a strong oppo∣sition; which being done, without expecting their iudgement, or referring themselues to their discretion, they should depart, and goe to Ʋenice, letting the French Prelats know that they ought to continue in Councel, and inde∣uour to doe God seruice, being assured, that, in case any thing shall be treated against the rights, prerogatiues and priuiledges of the King and French Church, they will not faile to absent themselues, as his Maiestie would haue them doe. He wrote also to the Cardinal of Loraine in the same manner, as he gaue order should be told the other Prelates; that is, that hee should not ap∣proue any thing with his presence, that should be handled in Councel against the Kings rights, but should absent himselfe, if he shall see that the Fathers do sally without the limits of their charge, referring him, for the residue, to the instructions sent to the Ambassadours.

The Ambassadours hauing receiued these letters, and consulted of all with the Cardinall of Loraine, by his aduice, did impart them to the Legats, and caused a voyce thereof to passe in the Councel, that the Bishops, hearing of it, might desist from demanding the reformation of Princes, and them∣selues might not haue occasion to oppose, and protest. But this brought

foorth a contrarie effect. For the Bishops who were quiet, in regard of the expectation that, when the Session was ended, the reformation of Princes should be proposed, vnderstanding this newes, and perceiuing that the ayme was to passe it ouer in silence, began to treat among themselues, not to pro∣ceed any further in the actes of the councell, if that also which concerneth Princes were not giuen forth; and put in consultation, together with the other articles. And they proceeded so farre herein, that a hundred of them gaue * 1.77 their word one to another to bee constant in this resolution; and hauing drawen a writing to this purpose, which was subscribed by all, they went to the Legats, requiring that the articles of the Reformation of Princes might be proposed and giuen to the Fathers, declaring, as it were by way of protestati∣on, that they would not proceed, nor conclude any thing in the others, but to∣gether with these. The Legates gaue good words, purposing, and hoping to diuert the humor. And, in this trouble, the Count of Luna appeared againe, and demanded, as he had done before, a reuocation of the Decree, propenenti∣bus Legatis, that euery Prelate might propose what he thought worthy of re∣formation: and demanded also that the sixt Article might bee amended, to please the Spanish Prelates, taking quite away the exemptions of the Chapters of the Canons of Cathedrall Churches, and subiecting them to the Bishop. And there being in Trenta Proctor of those Chapters, who laboured to the contrary, he commanded him to speake no more in it.

Things standing in these termes, the Legates thought to hold the Sessi∣on with the matter of matrimony onely. But it was opposed, that the dif∣ficulties of Clandestine marriage were not well digested as yet, and that the Ambassadours would suspect, that if the Session were held, and the reforma∣tion not spoken of, all hope was lost that it would euer bee handled. And it being euident that no part of the reformation could bee in order, at the time determined for the Session, they proposed, in the generall Congregation of the fifteenth of the moneth, to prolong it vntill the eleuenth of Nouember; and so it was resolued. The cause of this long delay was, that the Pope, see∣ing the difficulties to finish the Councell, arising partly by the controuersies of the Prelates, and partly by the oppositions of the Spanish Ambassadour, put all hope of ouercomming them in the Cardinall of Loraine. Whereupon * 1.78 hee wrote to the Legates, that, in case the Session could not bee held at the time appointed, it should be deferred for two moneths. And this hee did that the Cardinall might haue time to come vnto him, that hee might treat with him, of that which was impossible to doe by letters or messengers, and that, by this meanes, euery preuious disposition for the conclusion of the Coun∣cell might bee prepared. Vntill that time the Pope had no other determina∣tion then to finish the Synode, but hee firmely resolued then, that, if that * 1.79 could not be done, there being a necessitie to rid himselfe of it, hee would by all meanes dissolue it. Hee sent the Legates facultie to make a suspension, or a translation, as they thought best, by aduice of the Fathers, and wrote vnto them that hee would, by all meanes, be freed from it, by an end of it, if it were possible, which hee did much desire, but, if it could not be, they should vse one of those two remedies: and therefore that they should endeuour to make some occasion arise, that they might bee requested to doe it, that hee might

not seeme to bee the author; as also that they should sollicite the iourney of Loraine; who parted the next day after the resolution was made to prolong the Session.

All the distastes of France for matter of the Councel were ceased in the Pope, though he receiued continuall troubles from that kingdome. He was much vexed with the dayly instance, made vnto him, that he would not con∣sent to the alienation of 100000. crownes of Ecclesiasticall goods, and by the * 1.80 continuall detraction which he vnderstood the Hugonots vsed against him, and the Apostolique Sea. And particularly, hee was grieued at the Cardinall Chastillion, who, as hath beene sayd, layd aside the clericall habite, and called himselfe Count of Beauvois, and, vnderstanding that the Pope in Consistory had depriued him of the Cap; the last of May, hee resumed the habite of a * 1.81 Cardinall, and was married in it: and in a great solemnitie in Roan, the thir∣teenth of August, when the King was declared in Parliament to bee of age, he appeared in the solemnitie, in the same habite, in presence of all the French Nobilitie; which was generally thought to bee a great contempt of the Papal dignitie. Wherewith the Pope beeing mooued, hee made his de∣priuation * 1.82 to bee printed at this time, and many copies to bee dispersed in France.

The Popes Nuncio resident in France, came to Rome, a few dayes before the arriuall of the Cardinall of Loraine; who was dispatched by the Queene, to propose to the Pope a conference betweene his Holinesse, the Empe∣rour, and the King of Spaine; and the King her sonne, in whose traine her selfe would be. The proposition did not displease the Pope, because it might serue him to finish the Councell, but hee thought the execution was impossi∣ble. And he promised to send Nuncij to the Emperour and King of Spaine, to this end; and appointed the Bishop of Vintimiglia for Spaine, whom hee therefore recalled from Trent, and the Bishop of Ischia for the Em∣perour.

To the Cardinall of Loraine he made excessiue demonstrations of honor, lodged him in the palace, (a thing vnusuall) went publiquely to visite * 1.83 him in his lodging. Their discourses were partly about the Conference, though the Cardinall did not thinke it feasable. They treated about the sale of a 100000. crownes which whether the Cardinall did promote or draw backe, was not discouered. But the Pope hauing, vpon a new instance made by the French Ambassadour, answered, that he did referre it to the Coun∣cell, many thought it to be an excuse inuented by Loraine. But the prin∣cipall businesse was about finishing the Synode, which the Pope thought to be of greatest importance, and knew to bee most difficult. Wherein there was great confidence betweene them. For the Cardinall discouered to him that his interests were turned the same way, and that, since the death of his brothers, he saw plainely, that there was no meanes to maintaine Religion in France, and his house, but his coniunction with the Apostolique Sea. The Pope promised to make Cardinals at his instance, and gaue him such words as shewed an intention to make him his Successour in the Popedome: and that they might haue more credite, he made shew, that the greatnesse of that Cardinall was profitable for the endes hee had, in ayming at some mat∣ter

of great moment. And the conclusion of his discourses to euery one was; We must shut vp the Councell, prouide money, and afterwards that will happen which shall please GOD.

The Pope told the Cardinall, that as often as he heard of the discords, and delaies, which some did plot, he thought to suspend the Councell; but chan∣ged his opinion, for feare of the scandall which the world would take, which knew not the trueth: and that sometimes he thought this the greatest euill that could occurre, and sometimes iudged it lesse then the danger in which his authoritie was, which was the marke at which the Princes, Bishops, and all sorts of persons did shoot: but finally, that it was necessary to lay aside all respects, and come to this resolution. The Cardinall disswaded him, shew∣ing that this was not a medicine to cure the euill, but to deferre it onely, with greater danger, because hee would, in a short time, haue new demands to restore it, and plots would be laid by those who were not satisfied with him; and that to suspend was as difficult as to finish it, For there was no need to alleadge causes for this, it being sufficient to bring things to the con∣clusion, and so to ende, whereas the suspension did require an allegation of the cause, whereof euery one would speake his opinion; that it was more honourable to finish, then to suspend it; and hee vsed other reasons, which made the Pope know that his counsell was good and faithfull. And after∣wards he aduised him to deale plainely with the King of Spaine.

Therefore calling the Ambassadours of that King, hee complained, in grieuous termes, saying, that he had called the Councell, vpon hope and pro∣mise, that the affaires of the Papacy would haue beene fauoured by his Ma∣iestie, to whom he had giuen all imaginable satisfaction, and would giue him more, according to his demands, if the impediments, caused by the Councel, were taken away; that he had not demanded any fauour of his Maiestie and his Ministers, but the ending of the Councell, for the seruice of GOD, and the publike good, and therein was ill vsed, though it was rather a losse to the King, then a benefit. Therefore hee was forced to hold esteeme of him by whom he was esteemed, and to cast himselfe into the armes of those that would assist him. And he dispatched also a Currier to the King, with a let∣ter of his owne hand, complaining of the offices, done by his Ambassadour and Prelats in Trent, contrarie to his Ministers in Rome, each party saying, hee doth the commission of his Maiestie. Hee shewed that it was conuenient for the seruice of GOD, of the Apostolike Sea, and of his Maiestie, that the Councell should end; and in conclusion, he desired him to declare himselfe plainely whether he would assist him heerein, or not. The Cardinall did counsel him also not to be auerse from granting to the Emperour the Cup, and marriage of Priests, by which meanes he should gaine both him and the king of the Romans, not to consent onely to the ending of the Councell, but to be fauourable, and to promote it. He told him likewise, that it was ne∣cessary to omit the reformation of Princes, because it would prolong the businesse more then any thing besides.

After the departure of Loraine, nine French Bishops parted from Trent, and returned home, so that there remained but eight, besides sixe who went with the Cardinall to Rome. This departure caused an opinion, that they

were recalled, and that there was a purpose, at the perswasion of the Hugo∣nots to recall the others, that, the end of the Councell approaching, no French men might bee present when they should bee anathematized. The Legates, to facilitate the difficulties of secret mariage, caused the Diuines who were maintainers and opposers of it, to make a publike disputation. This was neuer done before in any occurrence, and then did so little good, that euery one was more confirmed in his owne opinion. After this, to reassume the Congregations, and to handle the reformation, they gaue foorth the re∣sidue of the Articles, the last of which was the reformation of Princes, being forced thereunto by the mutinie of the Prelats.

Of which matter concerning Princes hauing often made mention, and now being come to a place, in which it is necessarie to recite it, for the vnder∣standing of the things that follow, it must bee knowne that it did containe a propheme, with thirteene Articles, and a very pregnant Epilogue; the sub∣stance whereof was. That the Synode, besides the things constituted con∣cerning Ecclesiasticall persons, hath thought fit to correct the abuses of the Seculars, brought in against the immunitie of the Church, hoping that the Princes will be content, and cause due obedience to be rendred to the Clergie. And therefore it doth admonish them to cause their magistrates, officers, and temporall Lords, to yeeld that obedience to the Pope and constitutions of the Councell, which themselues are bound to performe. And, for facilitation heereof, it doth renew some things decreed by the holy Canons, and Imperial * 1.84 lawes, in fauour of Ecclesiasticall immunitie, which ought to bee obserued vpon paine of Anathema. 1. That Ecclesiasticall persons may not bee iudged in a secular Court, howsoeuer there may bee doubt of the title of the Clerkeship, or themselues consent, or haue renounced the things obtained, or for any cause whatsoeuer, though vnder pretence of publike vtilitie, or seruice of the King, nor shall be proceeded against there, in cause of murder, if it bee not truly and properly a murder, and notoriously knowne, nor in other cases permitted by the law, without the declaration of the law going before. 2. That in causes spirituall, of matrimonie, heresie, patronage, beneficiall, ciuill, criminall, and mixt, belonging, in what manner soeuer, to the Ecclesi∣asticall Court, as well ouer persons, as ouer goodes, tithes, fourths, and other portions appertaining to the Church, or ouer beneficiall Patrimonies, Eccle∣siasticall Fees, temporall iurisdiction of Churches, the temporall Iudges shall not meddle, neither in the Petitorie nor in the Possessorie, taking away all ap∣peale vpon pretence of iustice denied, or as from an abuse, or because the things obtained are renounced: and those who shall haue recourse to the Se∣cular magistrate, in the causes aforesaid, shall bee excommunicated, and depri∣ued of their rights, belonging vnto them in these things. And this shall be obserued also in causes depending in what instance soeuer. 3. That the Seculars shall not appoint Iudges in causes Ecclesiasticall, though they haue Apostolike authoritie, or a custome time out of mind: and the Clerkes who shall receiue such offices from the Lakes, though by vertue of any priuiledge whatsoeuer, shall bee suspended from their orders depriued of their Benefices, and offices, and made vncapeable of them. 4. That the Secular shall not command the Ecclesiasticall Iudge, not to excommunicate without licence,

or to reuoke or suspend the Excommunication denounced, nor forbid him to examine, cite and condemne, or to haue Sergeants, or Ministers for exe∣cution. 5. That neither the Emperour, Kings, nor any Prince whatso∣euer, shall make Edicts or Constitutions, in what manner soeuer, concerning Ecclesiasticall causes, or persons, nor meddle with their persons, causes, iu∣risdictions, or tribunals, no not in the Inquisition, but shall bee bound to affoord the seculat Arme to Ecclesiasticall Iudges. 6. That the tem∣porall iurisdiction of the Ecclesiastikes, though with meere and mixt power, shall not bee disturbed, nor their subiects drawne to the Secular tribunals, in causes temporall. 7. That no prince or magistrate shall pro∣mise by Briefe, or other writing, or giue hope to any to haue a Benefice within their dominions, nor procure it from the Prelates, or Chapters of Re∣gulars, and hee that shall obtaine it by that meanes, shall bee depriued, and yncapeable. 8. That they shall not meddle with the fruites of Bene∣fices Vacant, vnder pretence of custodie or patronage, or protection, or of withstanding discords, nor shall place there either Bayliefes, or Vicars: and the Seculars who shall accept such offices, and custodies, shall bee excommunicated, and the Clerkes suspended from their Orders, and de∣priued of their Benefices. 9. That the Ecclesiastikes shall not bee forced to pay taxes, gabels, eithes, passages, subsidies, though in the name of gift or loane, either in respect of the Church goods, and of their Patrimonial, except in Prouinces, where by ancient custome, the Ecclesiastikes them∣selues doe assist in publike Parliaments, to impose Subsidies both vpon the Laitie and the Clergie, to make warre against the infidels, or for other vr∣gent necessities. 10. That they shall not meddle with Ecclesiasticall goods, mooueable or immooueable, vassallages, tenths or other rights, nor in the goods of communities or priuate men, ouer which the Church hath any right: nor shall rent out the depasturing or herbage which groweth in the lands and possessions of the Church. 11, That the letters, senten∣ces and citations of Iudges Ecclesiasticall, especially of the Court of Rome, so soone as they bee exhibited, shall bee intimated, without exception, published, and executed, neither shall it bee necessarie to require con∣sent or licence, which is called Exequatur, or Placet, or by any other name either for this, or for taking possession of Benefices, though vpon pretence of withstanding falshoods, and violences, except in fortresses and those Benefices in which Princes are acknowledged by reason of the temporalitie, and in case there shall bee doubt of falsitie, or of some great scandall or tumult, the Bishop, as the Popes delegate shall constitute what hee thinketh needefull. 12. That Princes and Magistrates shall not lodge their officers, seruants, souldiers, horses or dogs, in the houses or Monaste∣ries of the Ecclesiastikes, nor take any thing from them for their foode or pas∣sage. 13. And if any Kingdome, Prouince, or place shall pretend not to be bound to any of the things aforesaid, by vertue of priuiledges from the A∣postolike Sea which are in actuall vse, the priuiledges shall bee exhibited to the Pope, within a yeere after the end of the Councell, which shall bee con∣firmed by him, according to the merites of the Kingdomes or Prouinces, and, in case they be not exhibited before the end of the yeere, they shall be vnder∣stood

to bee of no force. And, for the Epilogue there was an ad〈…〉〈…〉∣tion to all Prindes to haue in veneration the things which concerne the Clergie, as peculiar to God, and not to suffer them to bee offended by o∣thers, renewing all the constitutions of Popes and holy Canons, in fa∣uour of Ecclesiasticall immunitie, commanding vnder paine of Anathema, that neither directly nor indirectly; vnder any pre••ence whatsoeuer, any thing bee constituted, or executed against the persons or goods of the Cler∣gie, or against their libertie, any priuiledges or exemptions, though imme∣moriall notwithstanding.

And this is it which was first imparted to the Ambassadours, and by each of them, sent to their Princes, whereupon the French King gaue the order to his Ambassadors before mentioned, And the Emperor hauing seene them wrot to the Cardinall Morone, that hee could not possibly assent, either as Em∣peror, * 1.85 or as Arch-Duke, that they should speake in Councell of reforming the iurisdiction of Princes, nor to take from them authority to receiue assi∣stance and contributions from the Clergie, putting him in minde, that all the former euils did arise from the oppressions attempted by the Ecclesia∣stikes against people and Princes. That they should beware not to prouoke them more, and cause greater inconueniences to arise.

After Loraine was departed, the French Ambassadours put their protesta∣tion in order, to make vse of it if need were. In the Congregation of the two and twentieth of September one of the Fathers made a long speach to shew. that the cause of all deformation proceeded from Princes; that they had more neede of reformation; that the Articles were already in order, and was now time to propose them, that they might not vanish to nothing by delaies. After hee had spoken, the Ambassadour de Ferrieres made a long querulous * 1.86 Oration, or, as the Frenchmen say, a complaint. The contents where∣of, in the principall points, were. That they might say to the Fathers as the Ambassadours of the Iewes did to the Priests. Ought wee also to continue fasting & lamenting: That there are more then 150. yeres part since the most Christian Kings haue demanded of the Popes a reformation of the Ecclesi∣asticall discipline; that for this end only they haue sent Ambassadors to the Sy∣nods, of Constance, Basil, and the Lateran, to the first of Trent, & finally to this second. What their demands were, Iohn Gerson, Ambassadour in that of Con∣stance, the Orations of Petrus Danesius, Ambassadour in the first of Trent, of Guido Faber, and of the Cardinall of Loraine in this second, doe testifie: in which nothing was demanded but the reformation of the manners of the ministers of the Church; and notwithstanding this they must still fast and lament, not seuentie yeeres, but two hundred, and GOD grant they be not three hundred, and many more. And if any should say, that satisfaction hath beene giueth them, by Decrees and Anathematismes, they did not thinke that this was to satisfie, to giue one thing in payment for another. If it shall bee said that they ought to bee satisfied with a great bundle of reformations proposed the moneth before, they had spoken their opinion concerning that, and sent it to the King, who had answered, that he saw few things in it befitting the ancient discipline, but many things contrary. That that is not the plaster of Isaias, to heale the wound, but of Ezekiel, to make it raw,

though healed before. That these additions of excommunicating and ana∣thematizing Princes, was without example in the ancient Church, and did make a way to rebellion; and all the Articles concerning the reformation of Kings and Princes, haue no ayme but to take away the libertie of the French Church, and offend the Maiestie of the most Christian Kings, who, by the example of Constantine, Iustinian, and other. Emperours haue made many Ecclesiasticall lawes, which haue not onely not displeased the Popes, but they haue inserted some of them in their Decrees, and iudged Charles the Great, and Lewis the ninth, principall authors of them, worthy of the name of Saints. He added, taht the Bishops had, with them, gouer∣ned the Church of France, not only since the times of the Pragmatique, or Con∣cordate, but foure hundred yeeres and more before the booke of the Decre∣tals; and that these lawes haue beene defended and renewed by the later Kings, since that the Decretals, substituted in place of them, haue deroga∣ted from them in the times following. That the King, beeing now of age, would reduce those lawes, and the libertie of the French Church into obseruation, because there is nothing in them contrarie to the doctrine of the Catholique Church, to the ancient Decrees of Popes, nor to the Councels of the Church vniuersall. Hee said moreouer that those lawes doe not prohibite Bishops to reside all the yeere, and to preach euery day, not onely nine moneths, and in the feasts, as was decreed in the last Session; nor forbid them to liue in sobrietie and pietie, and hauing the vse onely, and not the benefit of the reuenues, to distribute them, or rather to render them to the poore, who are owners of them. And hee proceeded in naming o∣ther things of the Councel, with the like ironicall manner, that hee see∣med to iest at them. Hee added, that the power giuen by GOD to the King, the lawes of France, and the libertie of the French Church, haue al∣wayes forbid Pensions, Resignations in fauour or with Regresse, pluralitie of Benefices, Annats, Preuentions, and to litigate for the Possessorie before any but the Kings Iudges, or for the propriety, or other cause, ciuill or criminall, out of France, and forbid also the hindering of appeales, as from abuse, or to hin∣der that the King, Founder and Patron of almost all the Churches of France, may not make vse of the goods and reuenues, though Ecclesiasticall, of his Subiects, for instant and vrgent necessitie of the Common-wealth. Hee said afterwards, that the King marueiled at two things. One, that they, the Fathers, adorned with so great Ecclesiasticall power in the ministerie of GOD, assembled onely to restore Ecclesiasticall discipline, not regarding this, should binde themselues to reforme those whom they ought to obey, though they were stiffenecked. Another, that they should think they can and ought, without any admonition, excommunicate and anathematise Kings and Princes, which are giuen by GOD to men, which ought not to bee done to any ordinary man, though perseuering in a most grieuous offence. He said, that Michael, the Archangel, durst not curse the Deuill, or Micheas, or Daniel, the most wicked Kings, and yet they, the Fathers, were wholly con∣uersant in maledictions against Kings and Princes, and against the most Christian, if hee will defend the lawes of his ancestors, and the liberty of the Gallicane Church. His conclusion was, that the King did desire them not to

decree any thing against those 〈◊〉〈◊〉, or if they should, that hee commanded his Ambassadors to oppose the Decrees, as 〈…〉〈…〉 they did oppose them. But if, 〈…〉〈…〉ting the Princes they would attend seriously to that which al the world expectch, it would bee most 〈◊〉〈◊〉 〈…〉〈…〉ble to the King, who did command them, the Ambassador〈…〉〈…〉 to 〈◊〉〈◊〉 that 〈…〉〈…〉 hee spake in the Kings name. Afterwards hee did 〈…〉〈…〉 the heauen, earth; and the Fathers, to consider whether the King•• demand were iust, whether it were honest for them to make orders for themselues throughout the whole world; whether this were a ••••me to take compassion, not vpon the Church, nor vpon France, but vpon themselues, the Fathers, their dignity, reputati∣on, and 〈…〉〈…〉s, which cannot do preserued but by the Arts by which they were gained in the beginning; that in so great confusions they must bee wa∣ry, and not cry when CHRIST commeth, s••nd Vs into the heard of 〈◊〉〈◊〉▪ that if they would restore the Church to the ancient reputation, comp〈…〉〈…〉 the aduersaries to repentance, and reforme Princes, they should follow the ex∣ample of Ezekias, who did not imitate his father, nor his first, second, third, and fourth grand-father, who were vnperfect, but went higher to the imi∣tation of his perfect ancestors; so it was not fit at that time to respect the next predecessors, though very learned, but to ascend as farre as Ambrose, Augustine, and Chrysostome, who ouercame the heretiques, not by arming Princes to the warre, themselues in the meane while picking their nailes at home, but with prayers, good life, and sincere preaching. For they, hauing framed themselues first like Ambrose, Austine, and Chrysostome, will make the Princes also to become Theodosii, Honorij, Arcadij, Valentiniani, and Grati∣ani; which he said they hoped for, and praied God it might bee so; and here hee ended. The Oration, when it was pronounced, did anger very much, not onely the Papalins, but the other Prelates more, and French-men also: * 1.87 and, when it was ended, there was such a whispering, that it was necessary to finish the Congregation. Some did taxe it of heresie; and others said, it was much to bee suspected, at the least; and others, that it was offensiue to godly eares. They said, hee had taken occasion to doe it, in absence of the Cardinall of Loraine, who would neuer haue endured those termes, and that his end was to dissolue the Councell, that hee did attribute to Kings more then belongeth to them; that hee inferred that the Popes authority is not necessary for the vsing of Church goods; that hee made the French King like to the Queene of England. But nothing did so much offend, as that hee said that the authority of the French Kings ouer persons and goods Ecclesi∣asticall, was not founded vpon the Pragmatique, Concordates, and priuiledges giuen by Popes, but vpon the law of Nature, holy Scripture, ancient Coun∣cels, and lawes of the Christian Emperours.

The French Ambassadours were reprehended also, because they did not follow the steps of the Emperours and Spanish Ambassadors, who, though they had the same interests, made not such a commotion, because they knew there was no reason for it. De Ferrieres defended himselfe, & said, that the Le∣gates had promised the Cardinall of Loraine, that this matter should not bee spoken of, but with such moderation, as that it should not touch the affaires of France, which was not performed; that the Kings instruction had beene,

imparted to the Cardinall, who, if he had beene present, would not onely haue consented to, but counselled Protestation; that those were great Igno∣rantes, who hauing seene nothing but the Decretals, Lawes of foure hundred yeeres, did thinke that there were 〈◊〉〈◊〉 Ecclesiasticall lawes before them; that if any would reforme the King by the Decretals, he would reforme them by the Decrees, and lead them also to more ancient times, not onely of Saint Austine, but of the Apostles also; that he did not make the French King as the Queene of England, but did oppose them, who haue begunne long since to enlarge their owne authority, by di〈…〉〈…〉ing the Kings; that if those Arti∣cles did so much damnifie the Emperour, and Catholique King; as they doe France; they would neuer haue beene proposed, and therefore he was not to take example by those, who haue not equall interests. The Arch-bishop of Sant, and the Abbat of Claraual were distasted most of all, who went vp and downe, saying, that the Ambassadours had done ill to protest, and that their end was to make a confusion, and giue occasion for a Nationall Councel in France; that they were men not well affected, creatures of the King of Na∣uarre, sent by him to the Councel, for his owne deseignes, had protested without the Kings commission & that it was fit to make them shew their in∣structions & to frame an Inquisition against them, as not hauing a good opini∣on in matter of faith. Where in great differences did arise between the Ambas∣sadours and them. The next day the Ambassadors gaue the King an account of the causes why they had deferred the protestation vntill then, and how they were forced, at that time, to come vnto it, adding, that they would de∣ferre the registring of it in the acts of the Councell, vntill his Maiesty had seene it, and commanded them what they should doe.

The Legats not hauing a copie of the Oration made a collection of it by the memory of those who had beeene most attentiue, to send it to the Pope; of which de Ferrieres, hauing gotten a copie, complained, that many things were expressed against his intention, and in particular, where hee named Ec∣clesiasticall lawes, it was repeated, spirituall lawes, and that Kings might take Church goods at their pleasure, whereas hee had sayd onely for necessa∣ry cause. By this he was forced to giue foorth his Oration, and sent a copie of it to Rome, to the Cardinall of Loraine, excusing himselfe for not hauing vsed words of such acrimony as he was commanded in the last instructions, and in the first, which are reconfirmed in those; adding also that he thought it necessary to obey the King, and was not willing to vndergoe the reprehen∣sions of the Counsellors of Parliament, who would haue taxed him, if in a Generall Councell, matters of so great importance had beene determined against that which hath beene by them so exactly maintained; besides, the Kings authority, which hee defended, hauing beene vpheld foure hundred yeeres by the Kingdome of France, against the war, in opposition of it, made by the Court of Rome, it was not iust that the Fathers of the Councell, the greater part of whom are Courtiers, should be Iudges of the ancient differen∣ces, which the kingdome hath with that Court. He gaue a copie of the ora∣tion to the Ambassadors also, and to as many as did desire it, and some saide, that he had pronounced it otherwise then it was written. Whereunto hee replyed, that that could not bee said by any that had any meane vnderstan∣ding

of the Latine, and that, howsoeuer it was the same pronounced, and written, yet if they thought otherwise, they must remember that the stile of the Synod was neuer to iudge of things as they were deliuered in voyce, but as they were exhibited in writing, and therefore they should moue no con∣trouersie herein, or, if they would, himselfe was to bee beleeued before any other.

The oration being published, it was answered in the name of the Synod, * 1.88 by a namelesse man. Hee said, that the French Ambassadours had reason to compare themselues to the Ambassadours of the Iewes, because they had both made an vniust complaint against GOD; and that the same answere might be giuen them, which the Prophet gaue to that people, in the name of GOD, that if they had fasted and lamented so many yeeres, or ate and drunke, all was for their owne interests; that the Kings of France were cause of all the abuses of that Kingdome, by naming to Bishoprickes vnlearned persons, ignorant in Ecclesiasticall discipline, and more inclined to a lasciuious then to a religious life; that the French-men would not haue a resolution in the controuersies of faith, that Christian doctrine might allwayes be vncertaine, and place might be giuen to new masters, who might rub the itching eares of that vnquiet Nation, that they spared not to say in those turbulent times, that it belonged to the King, though very yong as yet, to dispose of all the gouerment of the Church; that they had sayd, with asseueration, that be∣neficed men had onely the vse of the reuenues, whereas in France time out of mind they haue carried themselues for Vsufructuaries, making Testaments, and receiuing inheritances from their kinsfolke, who die intestate; that to say the poore are owners of the reuenues, was much contrary to another saying in the same oration, that the King is Patron of all Ecclesiastical goods, and might dispose of them at his pleasure; that it was a great absurdity, to say, that the King might not bee reprehended by a generall Councell, seeing that Dauid was reprehended by the Prophet Nathan, and tooke it in good part; that it did a little sauour of heresie to taxe Bishops of these later times, as if they were not true Bishops. In the end, hee spake at large against the saying of the Ambassador, that Kings are giuen by GOD, confuting it as he∣reticall, condemned by the extrauagant of Boniface the eight, Vnam sanctam, if hee did not distinguish, that they are from GOD, but by mediation of his Vicar.

The Ambassadour published an Apologie in answer of this writing, as if * 1.89 it had beene made to the Synod, saying, that the Fathers could not answere them as the Prophet did the Iewes; for they demaunded a reformation of the Cleargie, principally in France, knowing the defects of it, and not as the Iewes, to whom the cause of their fasting and lamentation was imputed be∣cause they were ignorant of their owne defects; that the Fathers, ascribing the cause of the Ecclesiasticall deformation to their Kings, should take heede they did not like Adam, who layd the blame vpon the woman which God had giuen him for company; saying, it was a great fault in the Kings to pre∣sent vnworthy Bishops, but a greater in the Popes to admit them; that they had desired the reformation before the doctrine, not to leaue it vncertaine, but because, all Catholiques consenting therein, they thought it necessary to

begin with corrupted manners, the fountaine and source of all heresies, that he was not sorry hee had said, that, in the Articles proposed, there are many things repugnant to the ancient decrees, yea, he would adde that they did de∣rogate also from the constitutions of the Popes of later times; that hee had said that Charles the great, and Lewis the ninth, had constituted Ecclesiasticall Lawes, by which France had beene gouerned, not that the present King did meane to make new, and if he had, he had spoken conformably to the holy Scripture, the ciuill lawes of the Romans, and to that which the Ecclesiasti∣call authors, Greeke and Latine, doe write, before the booke of the Decrees; for saying that beneficed men had onely the vse of the reuenues, hee asked pardon, because he should haue sayd that they were onely Administrators, and that those who take his saying in ill part, must complaine of Ierom, Au∣stin, and the other Fathers, who did not say onely, that the Ecclesiasticall goods did belong to the poore, but that Clergy men, like seruants, did gaine all for the Church; that he neuer said that the King had free power ouer Ec∣clesiasticall goods, but that all did belong to the Prince, in time of instant and vrgent publike necessitie, and he that knew the force of those words, did vnderstand well, that, in such a time, neither request, nor authoritie of the Pope could take place; that he had reprehended the Anathema against Kings in that manner as it was set downe in the Articles, and did grant that Prin∣ces and Magistrates might bee reprehended in that sort as Nathan did, but that they should not bee prouoked with iniuries and maledictions; that ha∣uing incited them, by the example of Ezekias, to make a reformation, accor∣ding to the paterne of the ancient times, it could not bee inferred that he did not thinke the Bishops of the last times to be lawfull, knowing very well that the Pharises and Popes sit in Moyses chaire: that in saying the power of Kings commeth from God he hath said absolutely and simply, as the Prophet Da∣niel, and Paul the Apostle haue written, not remembring the distinction of mediate & immediate, nor the Constitution of Boniface, of which if hee (being a French-man) had thought, he would haue repeated what the Stories say of the cause and beginning of that extrauagant.

This Apologie did not diminish the bad opinion conceiued against the Ambassadours, but increased it rather, it being (as they sayd) not an excuse * 1.90 of the error committed, but a pertinacie in maintaining it. And many dis∣coursed not so much against the Ambassadours, as against the Kingdome. They sayd, it did plainly appeare of what mind they were who managed the affaires of France. They noted the Queene Mother, that shee gaue credit to the Chastilons, especially to him that had quitted the Cardinals Cap; that the Chancellor, and the Bishop of Valence had too much power with her, at whose instance that vnluckie checke had beene giuen to the Parliament of Paris, with the detriment of Religion; that she had inward familiaritie with Cursor, and with his wife, whom, in respect of their Religion, shee should not haue endured to looke vpon; That the Kings Court was full of Hugonots, exceedingly fauoured; that sollicitation was still vsed to sell Ecclesiasticall goods, to the great preiudice of the Church; and other things they sayd of this nature.

But while the Councell was in this motion, by meanes of these differen∣ces,

the Count of Luna, according to his vse, to adde difficulties to those which were proposed by others, made instance for the abrogation of Pro∣ponentibus Legatis. A thing which did much trouble them, because they knew not how to content him, without preiudice of the formed Sessions. For not onely the reuocation, but euery modification or suspension, did seeme to bee a declaration, that they had not lawfully proceeded in the things past. But the Ambassadour, seeing nothing done concerning his demand, so often * 1.91 made, said, that hitherto he had negotiated modestly, but should bee forced to alter his course; and spake more boldly, because the Pope, vpon his for∣mer instances, had written that they should doe that which was conuenient, and did wholly referre himselfe vnto them. The Legates, to be quit of his importunitie, answered, that they would leaue it in the liberty of the Coun∣cell to make the declaration, if he thought good; and so the name of libertie of the Councel did serue to couer that, which did proceed from others. For the Legates did at the same time vse strong perswasions with the Prelates their friends, that a delay might bee interposed, to referre this particular to the end of the Councel, and to enioy the benefit of time, that some ouerture might bee made to some course lesse preiudiciall. But the Count, hauing dis∣couered the practises, prepared a protestation, desiring the Emperours, French, and Portugal Ambassadours to subscribe it; who perswaded him not to bee so earnest, at that time. For Morone, hauing promised the Emperour, that prouision should bee made herein before the end of the Councel, vntill it were vnderstood whether that would be performed or not, they knew not how hee could protest concerning the other. And Cardinall Morone, to pa∣cifie the Count, sent Paleotto often to negotiate with him, in what maner his request might be granted: which himselfe did not well vnderstand; because his meaning was not to preiudice the decrees past, and, with this condition, it was hard to finde a temper. In conclusion, the Legates gaue the Count theirword that the declaration should be made in the next Session, so that a meanes were found to satisfie the Fathers.

Newes being come to Rome of the French protestation, the Pope, and the whole Court were wonderfully moued, thinking it was purposely done to dissolue the Councel, and imputed it vnto them. But the Pope complained aboue all, that while the King did demaund a fauour, and a grant of a hun∣dred thousand crownes of the reuenues of the Clergie of France, his Ambas∣sadours should say, in the face of the whole Councell, that hee might take them without him. And the Cardinall of Loraine was troubled more, be∣cause he thought it would be a great crosse to his negotiation with his Holi∣nesse. He laboured to make it appeare, that this did happen against his will, and that he would haue diuerted it, if he had been in Trent, that that instructi∣on was a remnant of the Councels taken in the life time of the King of Na∣uar, and the execution procured by the dependants of that faction, of which de Ferrieres was one; that that faction, though it professed the Catholique reli∣gion outwardly, did hold strict intelligence with the Hugonots, who desired a dissolution of the Councell without a quiet end, that they might not be ana∣thematised. But he said, that those who gouerne the affaires in Trent, were not without blame, in regard, that before his departure from that Citie, the

things concerning that matter, stood in good tearmes, the Legates hauing promised morethings, with which the Ambassadours were contented. One, that they would not speake of Kings, and Soueraigne Princes, but onely of certaine little Lords, who grant to Bishops no exercise of Ecclesiasticall iuris∣diction; the other, that all things depending on graces done by the Pope, should bee excepted, as indulgences, priuiledges, and graunts of the holy Sea, & notwithstanding, since his departure, they had giuen to the Fathers the first forme, with the same things in it, which they had promised to take away. But he assured his Holinesse, that, notwithstanding this, the Councel should haue a quiet end, and promised to write to the King, and complaine of that which was done, and to vse meanes that the Ambassadours should returne to Trent, which he hoped to obtaine.

According to this promise, he wrote into France, and to the Ambassa∣dours. These, he told that their action had this excuse, that it was done, but that hereafter they should continue in doing their duty, without making any more innouations. He wrote to the King, that the opposition made by the Ambassadours seemed vnto him very strange; and the rather, because they had done it without his priuitie, and that there was neither reason, nor occa∣sion for it; that his absence from Trent was the cause why the Ambassadours had applied, out of season, a sharpe plaster, to a small sore; that, at his re∣turne, he would make prouision therein with great case. But because things done alreadie could not bevndone he praied his Maiestie to write to the Am∣bassadours, to continue in doing their dutie, and to abstaine from violent courses. He added, that he found the Pope well inclined, and disposed to an holy and serious reformation of the Church; that Christendome was happy in hauing so worthy a Pastor, that hee sent him backe to Trent, so well in∣structed of all his holy intentions, for the ending and conclusion of the Councel, that he might hope for an happy successe. And because, in the end of the Councel, the decrees must bee subscribed by the Fathers, and Ambas∣sadours, who haue assisted in the name of their Princes, he desired the King to cause his Ambassadours to returne, that they may bee present, and accom∣plish that which is the complement of the protection, and of all the fauours done to the Councel by his Maiestie, by his Brother, Father, and Grand-father.

The Cardinall had much adoe to defend himselfe, not onely with the Pope, but with the Colledge of Cardinals also in Consistory; who said, that Princes desired the liberty of the Councell, yet not in the least and iustest thing that concerne them, but onely for the destruction of the Ecclesia∣stiques. The Pope gaue order that better consideration should be had of that which was to bee written to Trent about that reformation, saying, hee did it, not to meddle in the affaires of the Councel, because hee meant to let the Fathers alone, but onely to instruct the Legates, by way of counsell. But, in the meane while, hee wrote to the Legates, that if the French-men would depart, they should doe it, but that they should not giue them occasion, but should bee very carefull to hold the Session at the time appointed, when Lo∣raine should be returned, and to finish the Counsel with one Session more, holding it within two or three weekes at the most; and that they should

conceale this order, imparting it to none but to Loraine. And if the Empe∣rours Ambassadours should mooue them, they should answere, that, at the arriuall of that Cardinall, they would resolue what to doe. And he encōura∣ged them; saying, that hee had brought Germany and France to his purpose, and that nothing remained but Spaine, which answered, that it was not good to finish the Councell, because many things, and the most principall did remaine to be handled. Notwithstanding he had hope, he said, to reduce it, and to conclude the Synode, with a generall satisfaction. And indeed hee was secure of France and Germanie. For besides his treatie with Loraine, who did abundantly secure him of France, hee receiued at the same time a resolu∣tion from the Emperour, that he was content with the end, and would pro∣mote it. And howsoeuer his Nuncio aduised that his Maiestie was doubtfull in resoluing, and that there was danger he would change, yet, vnderstanding that the King of the Romanes was author of the resolution, saying, that it was good to finish it, because it did no good, nor gaue any hope that it would doe, he was assured that that King, mooued by himselfe, and by good reason, would perseuere in his purpose, and, by consequence, keepe his father in that opinion.

But the French Ambassadours, after the Oration, did no more appeare publiquely in Trent. They let those few Prelats remaining know, that the Kings pleasure was that they should oppose the fift Article and the second, because the persons, and causes of France might by vertue of those two, bee drawen to letigate out of the Kingdome; and the ninteenth, because by it, the preuentions were canonized, and the Parlaments depriued of their prero∣gatiues, in matter of benefices.

The Legates, so soone as the Fathers had made an end of speaking of the 21. Article proposed vnto them the others also; wherein all the Ambassa∣dours opposed, in regard of the matter concerning Princes. The Fathers complained, that, being to reforme, as alwaies hath been said, all the Church, in the Head and in the members, in the end, the Princes would haue no re∣formation but for the Clergie onely; which could not bee reformed neither, if the Prelates were hindered in performing their charges, and the Ecclesia∣sticall liberty not preserued. Notwithstanding, the Princes, who seemed to desire reformation, did oppose that decree which did restore vnto them their liberty and iurisdiction, necessarie for it. The Legates excused them∣selues, and said, they must needs giue some satisfaction to the Prelates; that the Ambassadours had had time to alleadge their grieuances, and to handle the cause with reason, and that it was too much violence to oppose onely de facto, and to shew that the Councell is onely for reformation of the Cler∣gie, and not of the whole Church.

Newes came at the same time, that the Emperour was very sicke, and his * 1.92 Ambassadours said, that, in case hee should die, the Councell would not be se∣cure, because the safeduct would bee ended. The Legates sent presently to the Pope, for order what to doe, and the Prelates began to thinke more of pa••ting from Trent, then reforming Princes. Therefore a Congregation was holde the seuenth of October, to resolue what should bee done with the o∣ther Articles of Reformation, besides the one and twentie, and especially

with that which concerneth Princes. In which after long discussion, it was concluded that the Session should be celebrated with the matter of Matrimo∣nie, and the 21. Articles of reformation, and that of the Princes should bee de∣ferred. The next day the French Ambassadors parted from Trent to Venice, according to the Kings order.

The Pope, though well satisfied of Loraine, and of the French-men, his dependants, yet prouoked against that faction from which hee thought the * 1.93 motiue of the protestation, made in Councell, came, hee resumed his deter∣mination, made at the time of the Edict of pacification with the Hugonots, to proceede in Trent against the Queene of Nauarre: which hee had put off, foreseeing that the Emperors Ambassadors would oppose as they did when mention was made of proceeding against the Queene of England, & resolued to 〈◊〉〈◊〉 it in execution in Rome. And the thirteenth of the moneth hee cau∣sed * 1.94 a sentence to be published against the fiue French Bishops formerly cited, as hath been sayd, and a Citation to bee affixed to the gates of Saint Peters Church, and in other publique places, against Iohan Queene of Nauarre, the widow of Antonie, that, within the terme of sixe moneths, shee should ap∣peare to defend her selfe, and to shew reasons why she should not bee depri∣ued of all her Dignities, States, and Dominions, and the marriage betweene Antonie of Ʋandome, and her, made voyd, and the issue illegitimate, and that she had not incurred other penalties, declared by the Canons, against here∣tiqdes. The Cardinall of Loraine, before the Pope came to those sentences, and processe, vsed perswasions to him, and put him in minde, that the maximes held in France did much differ from those of Rome. For it would bee ill taken in that kingdome, that the causes of BB. in the first instance should bee iudged in Rome, and that the Citation against the Queen, as well for the same cause, as in regard it was with temporall punishments, would giue matter of talke, and bad satisfaction to many. But those perswasions being vnderstood by the Pope, as they were made, brought forth no other fruit, but that which the Cardinall did secretly desire. For the conference, which the Queene Mother so much desired, by euery Currier that came from her, new in∣stance was made to the Pope. But newes came from the Emperours Court, that hee would not hearken vnto it; and out of Spaine, though complemen∣tall words of the Kings desire to haue it effected, yet a resolution that the times and coniunctures did not comport it. The Cardinall of Loraine was of opinion, that howsoeuer there was no hope, yet the Pope should not for∣beare to send expresse Nuncij for this purpose, as beeing an office whereon many other negotiations, for the seruice of the Apostolique Sea, might de∣pend, and, in particular, to remooue impediments of the conclusion of the Councell, in case any should arise. Whereupon Visconte was dispatched into Spaine, and Santa Croce into Germanie, in shew, to treat of this conference, but indeede, with other particular instructions.

In Trent, the Legates, being not willing to giue occasion of any difficul∣tie while the Session was expected, did propose Indulgences, Purgatory, wor∣shipping of Saints and images, not to publish the Decrees in the next Session, but in the other following, adding the manner how the Diuines ought to handle those matters, that is, to giue their opinion in writing only cōcerning

the vse of them, and not to speake of the other Articles, and giuing order to the fathers to deliuer their voyces in short termes, protesting that whosoeuer would delate besides the point, should be interrupted. Notwithstanding the Diuines made long writings, and so diuers, that the Fathers knew not what to resolue in that doctrine.

For the reformation, howsoeuer twentie Articles were concluded, and the one and twentieth treated on with the Count of Luna, the Spanish Prelates complained that the Article of the exemption of Chapters, and the last, of the first instances, and appeales, were altered from that which was noted by the Prelats. Whereat the Legats, and Deputies for making the Decrees, dis∣daining, answered, that either they should iustifie what they saide, or holde their peace. And some words of distast passing, the Count of Luna appea∣red in their fauour, demanding that the oppositions made by his Prelates a∣gainst those two Articles might bee considered on. Afterwards, he desired that in the first Article, in which the criminall causes of Bishops were reser∣ued to the Pope, a declaration should be made, that no preiudice should bee done to the inquisition of Spaine; which request the Ambassador of Portugal had first made for his kingdome. And the Legates answering, that those matters were already decided, the Count replyed, that if they should be pro∣posed so, he would not go into the Sessiō, nor suffer any of his Prelats to enter. Whereupon Cardinal Morone said, that if they would not go into the Session, it should be done without them. The Count ascribing this rigiditie of the Legats to the Proctor of the Chapters of Spaine, he commanded him to de∣part immediatly from Trent; which displeased the Legats. But that nothing might hinder the Session, the time whereof did draw nigh, to please the Am∣bassador in the Article of the causes of Bishops, they caused kingdoms, where the Inquisition was, to bee excepted. For that of the first instances, because they would wholly take from the Pope all authoritie to make commissions in Rome, the Legats thought it too hard. The sixt also did import very much. For the Chapters of Spaine are a very principall member, and doe more depend on the Apostolike Sea them Bishops doe; because these are all by the nomination of Kings, whereas more then halfe of the Canonries are of the Popes pure collation. Therefore they resolued to deferre this matter vntill the next Session, rather then to preiudice the Canons. And they imployed the Emperours Ambassadours to perswade the Count to be content with it, by which meanes that difficultie also was ouercome.

The declaration of Propenentibus Legatis did remaine. For which not being able to find a temper, they tolde the Count, that hee should propose a forme how he would haue it done. Wherein hee excusing himselfe, they deputed three Canonists to treat with him, and to find a meanes that might please him, so that it were not to alter the way prescribed by the Pope. But * 1.95 the Cardinall of Loraine came fitly for that occasion, who being parted from Rome with instruction and conclusion of all things, and hauing tooke Venice in his way, to perswade the Ambassadours to returne before the end of the Councell, and now arriued in Trent, caused, with his desteritie, the Count to approoue that manner, by which that difficultie, so much agitated, receiued an end, with satisfaction of all and it was made the one and twentieth Article

of reformation, proposed in the Congregation of the ninth of Nouember held for this purpose, and approoued with small resistance. After this, the second Article was taken away, which being done, all the Articles were read ouer againe, and the suffrages briefly deliuered. In which Loraine, to salue his honour, said, that howsoeuer he desired a greater reformation, yet, knowing that in the beginning one could not come to the last remedies, hee assented to the Decrees, not iudging them sufficient, but hoping that the Pope, either by bringing the old Canons into vse, or by celebrating other generall Councels, would adde a perfection.

It is worthy of memorie that, in this Congregation, hee made a long di∣gression, * 1.96 in forme of an encomiasticall Oration, of the Popes good will, of his desire to see the Church reformed, the Episcopall degree restored to its anci∣ent dignitie, and the Councell ended, with the fruit of all Christendome. The Arch-Bishop of Granata, when it was his turne to speake, brake out into the Popes commendation also, attributing as much vnto him as the other, but ad∣ded, that either the Pope did iudge that he could not doe as he would, or had not authority to make his ministers and dependants to execute his will Here I must make a great mutation of stile. For whereas in the former narration I haue vsed that which is proper to describe varietie of minds, and opinions, * 1.97 one crossing the designes of another, and delayes of resolutions interposed, framing my selfe to declare the counsels of diuers, sometimes contrary a∣mongst themselues, hereafter I must make relation of one aime only, and vni∣forme operations, which seeme rather to flie then run to one only end, where∣of I can giue but one cause, not to repeate it in all places, that is; the ioynt reso∣lution to precipitate the Councell.

Therefore to speake simply, I must say, that Letters came from the Pope, with resolution that the Councell should bee ended, though with distast of the King of Spaine, because hee had meanes to make an agreement with him that they should establish the Decree of secret marriage, with as much vnion as was possible, but yet to doe it, though the same opposition should continue; that, for the reformation of Princes, and restitution of Eccle∣siasticall iurisdiction and libertie, they should not descend to any particu∣lar but renew the ancient Canons, and without Anathemaes; that if any difficultie did arise, concerning the other Articles, they should reserue it for him, who would make prouision therein; referring them, for the re∣sidue, to the Cardinall of Loraine, who was fully informed of his whole will, whom they ought to beleeue. Afterwards, hee sent a forme in what sort they should finish the Councell; which did containe, that all things done vnder Paul and Iulius should be confirmed, and declared that they were all done in this one Councell, and that, in all things, the authoritie of the A∣postolike Sea should be preserued; that of the things decreed the Popes con∣firmation should be demanded, that all the Fathers should subscribe, and, after them according to the example of the ancient Emperours, there should be a subscription of the Ambassadors, that the Princes might be bound to the ob∣seruance of the Decrees, and to persecute with Armes those of the contrary religion, leauing it in the power of them, the Legats, together with Loraine to adde, diminish, or alter, according to opportunite. All which things

were kept most secret vntill after the Councel that they might 〈…〉〈…〉 the better as shall be said.

The eleuenth of Nouember came in which the Session was held with the vsuall ceremonies. Voyces beeing to bee giuen in the matter of clande∣stine mariage▪ Cardinall Ʋarmiense, who held it a matter of 〈◊〉〈◊〉 and thought the Church had no authoritie ouer it, would not bee 〈…〉〈…〉 sing himselfe that in a matter of positi•••• law, be thought 〈…〉〈…〉 * 1.98 〈…〉〈…〉 deliuer his minde freely, though the contrarie were 〈…〉〈…〉 hee should bee forced to say, for satisfaction of his 〈…〉〈…〉 Sy∣nod could not make that decree, which might haue ••used, same distates, such as hee was not willing to giue. Francis Richar•••• made the Sermon•• in which hee admonished the Fathers that this most holy Synod hauing beene in trauaile these two yeeres, and euery one beeing in expectation of what it will bee deliuered, it was not fit it should produce 〈…〉〈…〉 〈…〉〈…〉 childe because the worlde doth expect a sound and perfect issue. For effecting hereof, it was conuenient to imitate the Apostles, ••••yrs, and Primitiue Church, making them a patterne whence to take the 〈…〉〈…〉 of the infant which is to come into the world. These were hee said, do∣ctrine religion and discipline, all which, beeing degenerated in these times, must bee restored to their ancient integritie. And that this is it which hath been expected so long, and is expected still. The ceremonies being ended the letters of Madam, Regent of Flanders, concerning the sending of 〈◊〉〈◊〉 Prelates to the Councell, were read, as also the Mandates of the Duke of Florence, and of the grand Master of Malta. Afterwards the doctrine and the anathematismes of matrimonie were read by the Masse Bishop to which all consented. The Articles of reformation of Matrimony beeing read to the first, of the annullation of the clandestine, Cardinall Morone said, that it * 1.99 pleased him, if it pleased the Pope. Simoneta said it did not please him but referred himselfe to the Pope. Of the others sixe and fifty did absolutely de∣nie, and all the rest did approoue it.

Afterwards the Decrees of reformation were read. And beeing come to * 1.100 the fift, of the criminall causes of Bishops, perceiuing the Kingdomes, where the inquisition is, were excepted, a great commotion was raised a∣mongst the Fathers, the Lombards and Neapolitans saying confusedly, that that exception was neuer proposed in Congregation, and that it ought to bee remoued; which they were forced presently to doe. Afterwards the Cardinall of Loraine sayd, concerning the same poynt, that hee did ap∣prooue the Decree, vpon condition that it did not preiudice any of the pri∣uileges, rights, and constitutions of the Kings of Frange, as had been con∣cluded in the Congregation the day before, declaring that they did not pre∣iudice the authoritie of any Prince. And, in the end of the Decrees, hee made a protestation, in his owne name, and of the other French Prelates, wholly conformable to that other, made two dayes before, in the Con∣gregation; that is, that their nation did receiue those decrees, not as a per∣fect per∣fect reformation, but as a preparation to one entire, hoping the Pope would supplie the defects in time, and occasion, by bringing into vse the old, Ca∣nons; or by celebrating other generall Councels, to giue a perfection to

the things begun. And hee desired, in the name of all the French Bishops, that this might bee inserted in the Actes of the Councell, and a publique instrument made of it. Diuers other things were added by others, and some oppositions, of no great moment, made against some of the Articles, where in some differences arising, it was said, they should be accommodated in a general Congregation because it was then late 2 houres within night. And for the conclusion of the Session, the Decree of the intimation of the next for the ninth of December, was read, with power to anticipate, declaring that the sixth Article now deferred, and other Articles of reformation exhibited, and other things belonging thereunto, should then bee handled, adding that in case it shall 〈◊〉〈◊〉 fit, and the time comport, some doctrines may be han∣dled, as they shall bee in their times proposed in the Congregations.

The doctrine of the Sacrament of Matrimonie did containe. That A∣dam did pronounce the bond of Matrimonie to be perpetuall, and that one∣ly two persons may bee ioyned therein, a thing more plainely declared by CHRIST who also by his passion, hath merited grace to confirme it, and to sanctifie those who are ioyned. Which is intimated by Saint Paul, when hee sayd that this was the great Sacrament in CHRIST and the Church. Whereupon Matrimony in the Euangelicall Law, exceeding the ancient mariages, by addition of grace, it is iustly numbred amongst the Sacra∣ments of the new law. Therefore the Synode, condemning the here∣sies in this matter, doth constitute the Anathematismes 1. Against him that shall say, that Matrimonie is not one of the seuen Sacraments, instituted by CHRIST, and doth not conferre grace. 2. Or that it is lawfull for Christians to haue many wiues at once, and that this is not forbidden by any Law of God. 3. Or that onely the degrees of affinitie, and consan∣guinity, expressed in Leuiticus may nullifie the mariage, and that the Church may not adde others, or dispence with some of them. 4. That the Church cannot constitute impediments, or hath erred in constituting them. 5. That one of those who are maried may dissolue the Matrimony, for heresie, trou∣blesome conuersation, or voluntary absence of the other. 6. Or that lawfull matrimonie, not consummated, is not dissolued by a solemne religi∣ous vow. 7. Or that the Church hath erred in teaching, that the matri∣moniall bond is not dissolued by adultery. 8. Or that the Church doth erre, in separating those who are married for a determinate or indeterminate time, in respect of carnall coniunction, or cohabitation. 9. Or that the Ecclesiastiques of holy Order, or professed Regulars may marry, as also all those who finde they haue not the gift of chastitie, in regard that GOD doeth not denie the gift to him that doeth demaund it. 10. Or that shall preferre the state of mariage to virginitie, and chastitie. 11. Or that the prohibition of mariage, in certaine times of the yeere, is superstition, or shall condemne the benedictions and other ceremonies. 12 Or that ma∣trimoniall causes doe not belong to Ecclesiasticall Iudges.

The Decrees of the reformation of Matrimony did containe. 1. That howsoeuer it be true, that clandestine mariages haue beene true and law∣full, so long as the Church hath not disallowed them, and that the Synode doth anathematize him who doth not hold them for such, as also those who

affirme, that mariages, contracted without consent of parents, in whose power the maried parties are, is voyde, and that the Fathers may either ap∣prooue or disprooue it, yet the Church hath euer forbid, and detested them. And because prohibitions doe no good, the Synode doth command, that the matrimony shall be denounced in the Church three Festiuall dayes, before it bee contracted, and no impediment being found, shall bee celebrated in the face of the Church, where the Parish Priest hauing interrogated the man and the woman, and heard their consent, shall say, I ioyne you in matrimony in the name of the Father, Sonne, and holy Ghost, and shall vse other words, ac∣customed in the Prouince. Notwithstanding the Synod doth referre it to the will of the Bishop, to omit the Banes but doth declare those to bee vn∣capable of mariage, who attempt to contract it without the presence of the Parish Priest, or another Priest of equall authority, and of two or three wit∣nesses, making void and nullifying such contracts, and punishing the trans∣gressours. Afterwards, it doth exhort the parties maried, not to dwell toge∣ther, before the benediction, and command the Parish Priest to haue a booke, in which mariages, so contracted shall be written. It doth exhort the par∣ties that are to be maried, to confesse, and communicate before the contract, or consummation of the mariage, reserueth the customes and ceremonies of euery Prouince; and will haue this Decree to bee of force within thirtie daies after it shall be published in euery Parish.

Secondly, concerning the impediments of mariage, the Synode doth af∣firme, that the multitude of prohibitions did cause great sins and scandals. Therefore it doth restraine that of spiritual cognation, to that which the bap∣tized and their parents haue with the god-fathers and god-mothers, and the number of these to one man & one woman only Ordaining the same about the kinred which doth arise by the sacrament of Confirmation. 3. It doth restraine the impediment of honestie, which hath its beginning from con∣tracts, to the first degree onely. 4. That of affinity by fornication, to the first and second. 5. It doth take away all hope of dispensations for ma∣trimony, wittingly contracted in degrees prohibited, and to those who haue ignorantly contracted, without the solemnities, in case of probable igno∣rance, a dispensation may be giuen gratis. But to contract in degrees pro∣hibited, a dispensation shall neuer be granted, or seldome onely, for a iust cause, without cost; nor in the second degree amongst Princes, except for a publique cause. 6. Matrimony shall not bee contracted with a woman stollen away, so long as shee is in the power of him that did steale her; and doth declare those Raptors, and those that doe assist them with counsell, aid, or fauour, excommunicated, infamous, vncapable of all dignity; and the Raptor, whether hee many the woman or not, shall bee bound to giue her a dowry, at the pleasure of the Iudge. 7. It doth ordaine, that vagabonds shall not marry without a diligent inquisition first made, and licence of the Ordinary, exhorting the secular Magistrates to punish them seuerely. 8. It doth ordaine against Concubinaries, that being admonished thrice by the Or∣dinary, in case they seperate not themselues, they shall be excommunicated, and perseuering one yeere after the censure, the Ordinarie shall proceed se∣uerely against them, and the Concubines after three admonitions, shall be pu∣nished,

and, if the Bishop shall thinke fit, chased also out of the Territorie, by assistance of the secular power. 9. It commandeth euery temporall Lord and Magistrate, vpon paine of excommunication, not to compell their subiects, or any others, to marry, directly or indirectly. 10. It doth restraine the ancient prohibitions of nuptiall solemnities, from Aduent, to the Epiphany, and from Ash wednesday, to the Octaues of Easter.

The Decrees of reformation, not as they were read in Session, but as they were corrected the next day in Congregation (which was appoynted * 1.101 to be don) did containe. 1. That publike prayers shall be made, though the Church be vacant, that whosoeuer haue right in the promotion, shall be admonished that it is a mortall sinne, if they shall not vse all diligence to pro∣mote the most worthy, and profitable for the Church, borne of lawfull ma∣trimony, worthy in regard of their life, age, doctrine, and of other qualities required by the holy Canons, & Decrees of this Councel. That in euery pro∣uinciall Synod, a forme of examination shall be prescribed, by approbation of the Pope, fit for euery place, & the examinatiō made according to that pre∣script shall be sent to the Pope, to be discussed by the Cardinals, & proposed in Consistorie; and all other things required by the Synod for age, life, do∣ctrine, & other qualities in the promotion of BB. shal be required in the crea∣tion of Cardinals, though but Deacons, which the Pope, if he can conueni∣ently, shall take out of all Nations, and those that are fit. And it was added; that the Synod being grieued to see such great incommodities of the Church, cannot choose but call to mind, how necessary it is, that the Pope, in regard of his duty, should endeauour to assume Cardinals of excellent worth, and to prouide the Church of fit Pastours, because if the flocke should perish by their negligence, CHRIST will demand an acount of his Holinesse. 2. That the prouinciall Councel shall be called by the Metropolitane, or, the most ancient Suffragane, within one yeere at the most after the end of this Synode, and afterwards euery two yeeres at the least. That Bishops shall not bee forced heereafter to goe to the Metropolitane Church. That those who haue not an Arch-bishop shall elect one in the prouinciall Synod, in which hee ought to assist, and receiue the constitutions thereof, their ex∣emptions and priuiledges otherwise remaining firme. And the Diocesan Synods shall bee celebrated euery yeere, in which the exempted, except those who are subiect to general Chapters, shall assist. Which generall Chap∣ters hauing secular Churches annexed, in regard of them, shall assist also. 3. Bishops shall bee bound to visite the Diocesse euery yeere, either in per∣son, or by visitors, and all of it, if they can, or, if it be large, in two yeeres at the least. Metropolitans shall not visite the Diocesse of the Suffragans, but for a cause, approoued in the prouinciall Councel. The Arch deacons, and other inferiours, shall visite in person, and shall take a Notary, by consent of the Bishop. The Visitor shall goe with a modest traine of men, and hor∣ses, dispatching the visitation as soone as may bee; and shall not receiue any thing but frugall and moderate diet, which may be giuen either in kind or money; yet so as that if there bee a custome in any place not to receiue so much as these, it shall be obserued also. That Patrons shall not meddle with that which concerneth the administration of Sacraments, or the visitation

of the ornaments of the Church, immoueable goods, or rents of houses, ex∣cept it do belong vnto them by right of the foundation. 4. That Bishops shall be bound to preach in person, or, hauing a lawful impediment, by o∣thers. And in case the Parish Priest be hindred that hee cannot preach in his owne Church, hee shall, at his charge, maintaine another to doe it, deputed by the Bishops. And he shall preach euery Sunday and solemne feast, and in Aduent and Lent, euery day, or thrice a weeke at the least. That the Bishop shall admonish euery one to go to his owne Parish, to heare the sermon. That none shall preach against the Bishops will, whose cure shall be, that Christi∣an doctrine be taught in euery Parish. 5. That criminall causes against Bi∣shops that be of great weight, shall bee iudged by the Pope, and if there shall be occasion to commit them to any out of the Court, they shall be commit∣ted onely to the Metropolitan, or to Bishops elected by the Pope, and to take information onely, reseruing the definitiue to the Pope: but small matters shall bee iudged in the Prouinciall Councell, or by Iudges deputed by them. 6. That the Bishops shall dispense in the Court of Conscience, with all their subiects, in all their irregularities, and suspensions for secret offences, except voluntary murther, and absolue from all cases reserued to the Apostolike Sea, either by himselfe or his Vicar, as also from the excesse of heresie, by himselfe, but not by a Vicar. 7. That the Bishop shall haue care that the force and vse of the Sacraments shall be expounded to the people in the vul∣gar tongue before they bee administred, according to the forme of a Cate∣cechisme, which the Synod will compose, which the Bishop shall cause to be faithfully translated into the vulgar, and to be expounded to the people by the Parish Priests. 8. That to publike offenders publike Penance shall be giuen, but the Bishop shall haue power to change it into a secret. In euery Cathedrall Church a Penitentiarie, Master, Doctor, or Licentiate in Theolo∣gie, or Canon, of the age of fourtie yeeres, shall bee appointed by the Bishop. 9. That the Decrees of the Councell, vnder Paul the third, and Pius the fourth, concerning visitation of benefices exempted, shall be obserued in the Churches which are not of any Diocesse, which shall bee visited by the next Bishop, as Delegate of the Apostolike Sea. 10. That where visitation or correction of maners is in question, no exemption or appeale, though to the Apostolike Sea, shall hinder or suspend the execution of that which is de∣creed or adiudged. 11. That for titles of honour which are giuen to Proto∣notaries, Count Palatines, Kings Chaplaines, or seruants in war, Monasteries, Hospitals, those persons shall not be exempt from the authoritie of Bishops, except they shall reside in the houses, or vnder their obedience, and Kings Chaplaines, according to the constitutions of Innocentius the 3. And exempti∣ons granted to the seruants of Cardinals, shall not be extended to that which concerneth benefices. 12. That no person vnder the age of twenty fiue yeeres, shall be promoted to dignities with cure; and the Arch-deacons, if it may be, shall be Masters in Theologie, or Doctors, or Licentiate in the Ca∣non Law. And none, vnder the age of two and twenty yeeres, shall be pro∣moted to any dignitie without cure. Those that are promoted to Benefices with Cure, shall bee bound to make profession of their faith with in two moneths; and Canons shall doe the same. And none shall be receiued to any

dignitie, Canonry, or portion, except he shall haue that order, which it doth require, and that age which is necessary for the receiuing of it. That in Ca∣thedrall Churches, all the Canons and Portionaries shall be Priests, Deacons, or Subdeacons, and the Bishop, with the Chapter, shall distribute how many shall bee of euery order, but so, as that one halfe at the least shall bee Priests. The Synod doth exhort also, that all the dignities, and halfe the Canonries in the Cathedrall and famous Collegiat Churches may bee conferred vpon Doctors in Diuinitie, or in the Canon Law, and that none may bee absent more then three moneths in the yeere. That the daily distributions may not be giuen vpon any pretence whatsoeuer, to any that hath not beene pre∣sent in the offices, and that euery one shall performe his office in his owne person, not by substitutes. 13. There being many poore Cathedrall Chur∣ches, a remedy shall bee consulted on in the Prouinciall Councell, and the Pope desired to make prouision according to his wisedome. The Bishop also shall haue care to prouide for poore Parish Churches, either by vnion of some Benefice not regular, or by assignation of first fruits, or tithes, or by contributions and collections of the Parishioners. Parish Churches shall not be vnited to Monasteries, Canonries, simple benefices, and religious or∣ders of Souldiers, and those that are vnited shall bee reviewed by the Ordina∣ries, and the Cathedrall Churches, not exceeding a thousand crownes, and the Parish Churches, not exceeding an hundred crownes, shall not be here∣after burthened with pensions, or reseruations of fruits. Where the Parishes haue no certaine confines, but the Sacraments are administred indifferently to those that doe demaund them, the Bishop shall confine them, and they shall haue their proper Parish 〈…〉〈…〉est. And in Cities which haue no Parishes, they shall bee erected as fast as may bee. 14. The Synod doth detest, and for∣bid all institutions or customes of paying any thing for the obtaining of ti∣tles, or possessions, except it be conuerted into pious vses, declaring them to be simoniacall who shall vsurpe herein. 15. In Cathedrall and Collegiate Churches where the Prebends and distributions are too smal, the Bishop shal haue power to vnite simple Benefices, or to reduce them to a smaller number. 16. The Episcopall Sea being voyd, the Chapter shall elect one or two Economickes, or a Vicar, within eight dayes, or, if not, this authoritie shall be deuolued to the Metropolitane. And the Bishop when he shall bee created, shall take of them an account of the administration; and punish them, if they haue offended. 17. That no Ecclesiasticall person, though a Cardi∣nall shall haue more then one Benefice, which not being able to maintaine him honestly, another simple Benefice may bee added, so that they doe not both require personall residence, which shall be vnderstood of all Benefices, as well secular as regular, of what title or qualitie soeuer, though commen∣ded. And hee that hath now more Benefices then one shall bee bound to leaue all but one, within sixe moneths, or if not, they shall be all voyd. Not∣withstanding, the Synod doeth desire that some prouision should bee made for those that resigne, in some conuenient manner, as shall seeme best to the Pope. 18. In case of vacancie of any Church in any manner whatsoeuer, all shall be written downe that are proposed or doe propose themselues, and shall bee all examined by the Bishop with three examiners, at the least, and

amongst all those which shall bee iudged fit, the Bishop shall elect the most sufficient, vpon whom the collation of the Church shall be made; and in Ecclesiasticall patronages, the Patron shall present to the Bishop him that is most worthy. But in Lacke patronages he that is presented by the Patrons shall be examined by the examiners, and not admitted, except he be found to be fit. And 〈◊〉〈◊〉 Examiners shall bee proposed euery yeere in the Diocesan Synod, of which the Bishop shall elect three, who shall bee Masters, or Do∣ctours, Secularor Regular, shall sweare to performe their duety, and shall not receiue anything, either before or after the examination. That expe∣ctatiue graces for Benefices shall not bee granted hereafter, nor any other, extending to Benefices that shall bee vacant; and withall, the mentall reser∣uations shall be prohibited. 19. That causes Ecclesiasticall, euen benefi∣ciall also, shall bee iudged by the Ordinarie in the first instance, and ended within two yeeres at the most. That there shall be no appeale but from the definitiue sentence, or from that which shall haue the force thereof, except in those which the Pope shall thinke fit to call to himselfe, for an vrgent and reasonable occasio〈…〉〈…〉 That matrimoniall and criminall causes shall bee re∣serued to the Bishop onely. That in matrimoniall, those that are proo∣ued to be poore, shall not bee forced to litigate out of the Prouince, neither in the second or third instance, except the aduerse part will allow food and charges of the suit. That the Legats, Nuncij, and Ecclesiasticall gouernours, shall not hinder Bishops in their causes, nor proceed against Ecclesiasticall persons, but in case of the Bishops negligence. That the Appellant shall be bound to bring at his charge, the actes made before the Bishop, to the Iudge of the appeale, which the Notarie, being conueniently payed, shall be bound to giue within one moneth at the farthest. 20. That in the words of the decree, made in the first Session vnder the present Pope Pius the fourth, that is, Proponentibus Legatis, the meaning of the Synod was not to change in a∣ny part the vsuall manner of handling matters in generall Councels, nor to adde or detract any thing, besides that which hath beene constituted hereto∣fore by the sacred Canons, and by the generall Synods. In the end, the next Session was intimated for the ninth of December, with power of anticipa∣tion to handle the sixt Article, and the other which were proposed, and de∣ferred, and other points also, as opportunitie should serue, and as they should be proposed in Congregation.

There was not such expectation of the issue of this Session, as of the last, as well because the generall curiositie was then satisfied, as because it did seeme that the matter of Matrimonie could not affoord any thing of any great obseruation. The world was more attentiue to see what issue the pro∣testation made by the French Ambassadours would haue: which was read with varietie of affections. Those who were ill affected to the Court of Rome, did commend it, as true, and necessarie. But the Popes adherents thought it as abominable, as the Protestations formerly made by Luther.

In the sixt Anathematisme of Matrimonie, many did wonder, that the dis∣solution * 1.102 of mariage not consummated, for a solemne vow, should bee made an Article of faith, because the matrimoniall coniunction, though not con∣summated by carnall copulation, is a bond instituted by the Law of GOD.

For the Scripture doeth affirme, that there was a true mariage 〈…〉〈…〉 Mary and Ioseph, and the solemnitie of the profession being or 〈…〉〈…〉re•• po〈…〉〈…〉, as Boniface the eighth hath decreed, it seemed strange not so 〈…〉〈…〉 humane bond should dissolue a diuine, as that he should bee condemned for an hereticke, who will not beleeue, that an inuention of man, borneth any hundred yeeres since the Apostles, should preuaile against a diuine instituted on, made at the first creation of the world.

In the seuenth it was thought to bee a captious speech, to condemne for an hereticke him that shall say that the Church hath erred, in reaching that, Matrimonie is not dissolued by adulterie. For if one should say absolutely, that Matrimony ought to be dissolued for that cause, without saying or thin∣king that one hath erred, or not erred in teaching the contrary, it seemeth that this man should not bee comprehended: and yet it doeth not appeare how one can thinke so, except the hold the contrary to bee an errour. It was iud∣ged, that they should haue spoken plainely and said absolutely, that 〈…〉〈…〉 no•• dissolued by adulterie, or that both opinions are probable, and not to make an Article of faith concerning a word onely. But these men would not haue made the difficultie, if they had knowen the causes before mentioned, why they did speake in that maner.

The ninth Canon did affoord matter of speech also, by that affirmatiue, that God doth not deny the gift of chastitie to him that doth demaund it a right, because it did seeme to be contrary to the Gospel, which affirmeth that it is not giuen to all; and to Saint Paul, who doth not exhort to demaund it, which was more easie then to marry.

The Polititians knew not what to thinke of the twelfth Anathematismem; that it should bee heresie to hold that matrimoniall causes doe not belong to Ecclesiasticall Iudges, it being certaine, that the Lawes of mariage were all made by the Emperours, and the iudicature of them administred by the se∣cular Magistrates, so long as the Roman Lawes were in force, which the rea∣ding onely of the Theodosian and Iustinian Codes, and of the Nouels, doth eui∣dently demonstrate. And in the formes of Cassiodore there is mention of termes vsed by the Gothish Kings in the dispensations of degrees prohibited, which then were thought to belong to ciuill gouernment, and not to bee matters of religion, and to him that hath any skill in story, it is most knowen, that the Ecclesiastiques began to iudge causes of this nature partly by com∣mission, and partly by negligence of Princes and Magistrates.

But in the beginning of the Decree of reformation of Matrimony, ma∣ny wondred, how it could bee defined as an Article of faith, that clande∣stine mariages are true Sacraments, and that the Church hath alwayes de∣tested them, because it doeth implie a contradiction to detest Sacraments, And to command that the Parish Priest should 〈…〉〈…〉gate those that are ioyned, and vnderstanding their consent, should say, I ioyne you in Matrimo∣ny in the Name of the Father, Sonne, and holy Ghost, was derided by the criticks; saying, that either they are ioyned by those words, or not if not, then that is not true which the Councell of Florence hath determined, that matrimony receiueth perfection from consent if so, what coniunction is that which the Priest maketh of persons ioyned before. And if the word, I ioyne, should

be expounded, I declare them ioyned a way would be layd open to conclude, that the words of the absolution are declaratory also. But howsoeuer it was, they said the decree was made to no other end, but that within a short time it might bee made an Article of faith that those words pronounced by the Pa∣rish Priest were the forme of the Sacrament.

For making void clandestine mariages, they spake as much as was spo∣ken of it in the Councell it selfe. For some did extoll the decree to the hea∣uens; and others said, that if those matrimonies were Sacraments, and con∣sequently instituted by CHRIST, and the Church hath alwayes detested them, and finally made them voyd, it did not appeare how those who had not made prouision for it in the beginning, could be excused from the blame of ignorance, or negligence. And when the distinction, on which they founded the decree, was published, that the contract was nullified, which is the matter of the Sacrament, it was hard to vnderstand a long time, because the matrimoniall contract hath no distinction from the matrimony, nor the matrimony from the Sacrament: and the rather, because the matrimony was indissoluble before it was a Sacrament, in regard CHRIST doeth not pronounce it insoluble, as instituted by him, but as by GOD, in the earthly Paradise. But, it being admitted, that the Matrimoniall contract is an hu∣mane and ciuill thing, separate from the Sacrament, which is nullified, some said this annullation would not belong to the Ecclesiasticall Iudge, but to the Secular, to whom the discussion, and cognition of all ciuill contracts doeth appertaine.

The cause alleadged to moderate the impediments of mariage, was much commended, as reasonable; but it was obserued withall, that it did necessa∣rily conclude many more restrictions then those that were decreed, in regard there are no lesse inconueniences by the impediments confirmed, then by those that were abolished. The end of the Article of matrimoniall dispensa∣tions mooued a vaine question in the curious, whether the Pope, by re∣seruing them to himselfe alone, did more good or hurt to his authoritie. For the good, was alleadged the great quantitie of gold which did flow into the Court, through this chanell, and the obligations of so many Princes, gai∣ned by this meanes, as to be satisfied in their appetites, or interests, so to de∣fend the Papall authoritie, on which onely the legitimation of their children was grounded: For the hurt, the losse of the reuenues of England, and of the obedience of that crowne was produced, which did weigh downe all gaine or friendship, which the dipensations might procure.

The Frenchmen did not like the decree, that hee that stealeth a woman shall bee bound to endow her, at the pleasure of the Iudge, saying, that the Law concerning dowries, cannot be made by Ecclesti••all authoritie, and that it was an artifice to take the iudicature of that delict from the secular Magistrate. For if the Ecclesiastique may make the Law, hee may iudge the cause. And howsoeuer they said absolutely, at the pleasure of the iudge, yet there is no doubt, but that in the declaration, they would say they meant the Ecclesiasticall onely. And they thought it an vsurpation of temporall autho∣ritie, to punish Seculars with infamie, and incapacitie of dignities. Neither did they approoue the constitution against conculinaries, any a yeere

in excommunication, that they should be punished by the Ecclesiastique, be∣cause excommunication is the extreme, last and greatest of Ecclesiasticall pu∣nishments, according to the doctrine of all the Fathers; so that to passe that, was to enter vpon the Temporall power, and the rather, because they giue themselues power to course concubines out of their countreys, deriding the secular Magistrates, by imploring their arme, if there shall bee need; which is as much as to affirme, that, ordinarily, the execution of this banishment may be made by the Ecclesiastique himselfe.

The Decree of reformation in the first Article was noted either of de∣fect, or of presumption. For if the Synode had authoritie to giue Law to the Pope, especially in things so iust, it was not fit to doe it by way of narration, or by obloquitie of words. But if it ought to receiue Law from the Pope, it cannot bee excused for hauing passed its bounds, because it doeth sharpely reprehend the former actions of this and other Popes, though it doeth it obliquely: Those that were seene in the Ecclesiasti∣call stories, said, that to draw all the causes of Bishops to Rome, was a new policie to make the Court great, whereas all the examples of antiquitie, and Canons of the Counsels of those times doe shew, that the causes of Bishops, though of depositions, were handled in the countries of each of them. Those who expected a prouision against the abuse of pensions, seeing what was de∣creed in the 13. Article, did iudge that the matter would passe to a greater cor∣ruption as the euent also hath shewed. The fourteenth Article was com∣mended by euery one, because it did seeme to take away the Annates, and paying for Bulls, dispatched at Rome, for collation of Benefices. But in progresse of time, it appearing that those remained still, and that there was not so much as any cogitation either to remooue or moderate them, they re∣membred, that, onely the small abuses of other Churches being prouided against, the saying was verified, that onely moates were taken out of the eyes, and beames neuer. Euery wise man thought that this age was not worthy of that Decree for the vnitie, or, at the most, dualtie of Benefices, and that it would not be obserued but in the poorer sort onely. Likewise for the examination in concurrence, in the collation of Benefices, euery one did prognosticate that it would bee deluded by some sinister interpretation. And the prophecie was quickly verified. For in Rome, within a short time, they began to declare, that concurrence was not to bee obserued in case of resignation, but that hee onely was to bee examined, to whom the resig∣nation was made; which was as much as to abolish the Decree for the most part, because the better sort were excluded by resignation, and hee onely preferred who pleased the resignant: and Benefices are not vacant for any other cause but casually. The Decree of the cognition of causes in the first instance was quite destroyed, by the exception added, that is, except those which the Pope will commit, and call to himselfe. For causes were neuer ta∣ken from the lawfull tribunals, but by commissions, and auocations of Popes; and now the cause of the disease was preserued, and the symptom onely cured. And howsoeuer the adiunct (for vrgent and reasonable causes) did seeme to moderate the matter wel, yet men of vnderstanding knew that it was as much as to say, for any arbitrary cause.

But in the last poynt, which was in expectation so many moneths, tou∣ching the essentiall liberty of the Councell, seeing it was declared, that the meaning of the Synod was, not to change the manner of proceeding, nor to make any addition, or diminution of the old constitutions, wise men said, that concerning this Councell it was a declaration contrary to the fact, and published when it did no good: neither was there any more vse of it, then of a medicine applyed to a dead body. And some mocked, and said, that it was as much as the consolation of an honest man, whose wife had brought him children by other men, and said she did it not to doe him wrong. But, by an example giuen to posteritie, it did teach how all violence, and exorbi∣tancie might bee vsed in Councell, from the beginning to the end, and all inconuenience done excused by such a declaration, yea iustified, and maintai∣ned for lawfull.

At this time, besides the aduice of the Session helde, three other sorts of distastfull newes came into France. The first was the Popes answere about the hundred thousand crownes. The second, the protestation made in Coun∣cell, and the displeasure taken at it, in Trent, and Rome. The last, was the sentence against the French Bishops, and the citation of the Queene of Na∣uarre: The French-men, hauing much considered on these things, resolued * 1.103 not to treate any more with the Pope for his fauour in the alienation, but to execute the Kings Edict, approued in Parliament, without any consent of his Holinesse. This being suddenly performed, few buyers could bee found, as well because men doe not easily resolue to lay downe their money, as because they were disswaded by the Ecclesiastiques, who told them, that the sale, wan∣ting the Popes confirmation, would not hereafter be esteemed to bee good. This was a hinderance to the King, and no fauour to the Clergie. For the sale was made, but it was done at a low rate; neither was there raysed more then two millions and halfe of Francks, small, in regard of the things aliened, seeing that it was made at twelue for an hundred, whereas it had beene a small price if they had giuen an hundred for foure. And it is worthy to bee repeated heere, that, amongst the things solde, one was, the iurisdiction which the Arch-bishop of Lions had held vntill that time, ouer that citie, which was sold at the outcry for thirty thousand Francks. But the Bishop complained so much that, in supplement of the price, he had giuen vnto him 400. crownes yeerely.

Concerning the protestation made in Councell, the King wrote to his Ambassadors the ninth of Nouember, that, hauing seene what the Cardinall of Loraine had written against their protestation, and heard the relation made by the Bishop of Orlience of all things done in Trent, he was pleased with it, as also with their retire to Ʋenice, and commanded, that de Ferrieres should not depart thence vntill he had new order, which should bee when hee was ad∣uised that the Articles were so reformed that the rights of the King, and of the Gallican Church were not put in question. And he wrote to the Cardi∣nall of Loraine, that himselfe and his Counsel knew that his Ambassadors had protested vpon great and iust occasion. For as hee would continue in the vnion and obedience of the Church, so hee would preserue inuiolable the rights of his crowne, without suffering them to be questioned, or disputed, or

himselfe forced to shew them. That they should not thinke to satisfie him, with saying in the ende, Sauing and reseruing the rights, &c. because, vnder this colour, they would binde him to shew a reason in euery opposition. That if hee had seene the Articles as they were proposed, hee would haue iudged, that the Ambassadour could not haue done otherwise then make the opposition: which his desire was they should first haue shewed to him, but said they were to bee excused, in regard of the occasion suddenly arising, and of the circumstances which did produce it, and of the suspitions, which made them doubt of some Artifice to precipitate the decision. And if the Pope had no intention, as hee, the Cardinall, giueth him to vnderstand, that the rights of the Emperour, and Kings should bee touched, and disputed, his Holinesse must turne his anger vpon the Legats, who proposed the Articles, and named Kings, Emperour & Republikes, and not vpon the Ambassadors. That hee thinketh the protestation may be iustified before all Christendome, when the Articles shal be seene. That, the Legats hauing proposed those Arti∣cles against the intention of his Holinesse, he ought not to referre himselfe to their discretion hereafter, nor to cause his Ambassadors to returne, vntill he had ful assurance that those Articles should not be spoken of any more, which being done, he will command them to goe againe to the Councell.

Concerning the citation and sentence, the King gaue order to Henry Clu∣tia, * 1.104 Lord d'Oysel, to tell the Pope, that his Maiestie had vnderstood, to his great displeasure, that which he did not beleeue by the fame which was spread, vntill he had seene a copie of the monitories affixed in Rome, that the Queene was so proceeded against, as that hee was bound to defend her. First in re∣gard the cause and danger was common to all Kings, who therefore were obliged to protect her; and the rather, because she was a widow, and his ob∣ligation was the greater, in respect of the neere kinred hee hath with her, by both lines, and by agnation with her husband, who died but a little before in the warre against the Protestants, leauing his sonnes Pupils. There∣fore hee could not abandon her cause, following the examples of his ance∣sters; and the rather, because hee ought not to indure that any should make warre against his neighbours vnder colour of religon; adding, that it was not pious, to put the Kingdomes of Spaine and France, lately ioyned in friend∣ship, in danger of a bloody warre, for this cause. He said moreouer, that the Queene, hauing many Fees in France, shee could not, by the rights and priui∣ledges of that Kingdom, be compelled to appeare, either in person, or by Pro∣ctor, adding many examples of Princes and Popes, who haue proceeded with due and lawfull moderation. Hee touched the forme of the citation by Edict, a thing not heard of in former times, inuented by Boniface the eighth, and, as too hard and vniust, moderated by Clement the fifth, in the Councell of Ʋienna. He said that such citations could, by no meanes, take place, but against the inhabitants to whom the accesse is not secure, and that, the Queene remayning in France, a great iniurie was done to him and the Kingdome, by vsing that forme; as also was done by expo∣sing to prey, and granting to the Vsurpers, the Fees she holdeth in France, the right whereof belongeth to him. And euery one marueiled (hee said) that his Holinesse who did fauour so affectionately the cause of King Antonie

while he liued, in being his mediator with the King of Spaine, would now op∣presse his children, and widow. But he complained most of all, that so many Kings, Princes, and cities hauing departed from the Church of Rome, with in fourtie yeeres, hee had not so proceeded with any other, which shewed well that he did it not for the good of her soule, but for other ends. Hee wished his Hol. to consider, that power was giuen to Popes for saluation of soules, not to depriue Princes of their States, nor to order any thing in earthly possessions, which hauing beene formerly attempted by them in Germanie, did much trouble the publike quiet. Hee intreated the Pope, to reuoke all his Actes against the Queene, protesting, that, in case hee would not, hee would proceede to those remedies which his predecessours haue vsed. Hee complained also of the cause of the Bishops, and commanded his Ambassa∣dor, * 1.105 that, declaring vnto him the ancient examples, the liberties and immuni∣ties of the French Church, and the authoritie of the Kings in causes Ecclesi∣asticall, he should pray the Pope not to make any innouation. Monsieur d' Oi∣sel performed this office with great vehemencie, and, after many treaties with the Pope, obtained of him to speake no more either of the Queene, or of the Bishops.

But in Trent, the Session being ended, and matters well agreed on be∣tweene the Legates and Loraine, and the businesse imparted to the princi∣pall Papalins, Otranto, Taranto, and Parma••, as also to the Emperours Am∣bassadours, * 1.106 Loraine began to publish their deseigne, that the Councel might bee finished with one Session more. Hee sayd hee could not bee in Trent at Christmas; that himselfe, and all the French Bishops must depart before that time; that hee desired to see the Councel ended, and was loath to leaue so honourable an assembly; but that hee could not otherwise doe, beeing commanded by the King. The Imperialists also did publish in the Coun∣cell, that the Emperour did desire the dispatch, and that the King of the Ro∣manes did write, that his desire was it should bee finished by Saint Andrewes day, or, at the longest, in the beginning of the next moneth by all meanes. And indeede that King, not to please the Pope, but because it was his opini∣on, did sollicite the conclusion. For beeing to hold a Diet, hee was not willing his Father should haue Ambassadours in the Councell; and said, that if that were shut vp, the affaires of Religion in Germanie would bee in farre better case.

The greater part of the Fathers were glad to heare this; and Morone making a Congregation in his house, the fifteenth of Nouember, of the Le∣gates, two Cardinals, and fiue and twenty Bishops, the principall of euery Nation, hee proposed,, that the Councell, hauing beene assembled for the ne∣cessities of Germanie and France, and now the Emperour, King of the Ro∣manes, Cardinall of Loraine, and all Princes desiring that it should bee fini∣shed, they would speake their opinion concerning the concluding of it, and the manner. Loraine sayd, it was necessary to finish it, not to hold Chri∣stendom in suspence any longer, to shew the Catholikes what they ought to beleeue, and to take away the Interim of Germanie, which could not be done by any other meanes, because it was to continue vntill the end of the Coun∣cell; and to continue it longer, could not bee without great dammage of

the Catholique Church. And that it was needefull to finish the generall Councell in Trent, to hinder a Nationall in France. For the manner hee sayd it might bee ended with one Session, handling in it the residue of the reformation, and dispatching the Catechisme, and the Index of the bookes prohibited, which were in order already, referring other matters to the Pope, not disputing the Articles of Indulgences and Images, nor anathemati∣zing particular heretiques, but proceeding with generall termes only. They all agreed, in some sort, to finish the Councell, except the Archbishop of Granata, who referred himselfe to the Ambassadour of his King. Some said it could not absolutely bee ended, because so many matters did remaine to bee handled: but that it might bee done by intimating another ten yeeres after, which also would serue to hinder the calling of Nationall Councels, and to deferre the determination of the things remayning, and the Ana∣thematismes. The Bishop of Brescia proposed a middle course betweene an absolute ende and a suspension; because the former would make the heretiques desperate, and the latter not satisfie the Catholiques. But these opinions had no followers, all the others adhering to that which the Cardi∣nall had sayd.

For the manner, Otranto thought it necessary to anathematize the Here∣tiques, because it hath been vsed in all Councels, and is the principall thing which is required of Synods. For many are not capable to vnderstand the trueth or falshood of opinions, by their owne iudgment, but doe fol∣low or abhorre them according to the credit or discredite of the authours. He sayd that the Councel of Chalcedon, full of learned men, to cleere them∣selues whether Theodoret, Bishop of Ciros, were a Catholique or not, would not heare an account of his faith, which hee desired to render, but onely wished him to denounce a plaine anathema against Nestorius; that if Luther and Zuinglius, dead, and their followers aliue, were not a∣nathematized, it might bee sayd, that the Councell had laboured in vaine. The Cardinall replyed, that diuers times did require diuers counsels; that the differences in Religion were then betweene the Bishops and the Priests; that the people were but as an accessory; that the Grandees either did not meddle, or if they did adhere to any heresie, they did not make themselues Heads, and leaders. But now all was quite contrary; because the here∣tique Ministers, and Preachers could not bee sayd to bee heads of the Sectes, but the Princes rather, to whose interests their Ministers and Prea∣chers doe accomodate themselues. Hee that would name the true Heads of heretiques, must name the Queene of England, the Queene of Nauarre, the Prince of Conde, the Elector Palatine of the Rhene, the Elector of Saxonie, and many other Dukes and Princes of Germanie. Hee sayd, that this would make them vnite, and shew they were sensible of it; and that the condem∣nation of Luther and Zuinglius onely would so prouoke them, that some great confusion would certainely arise. Therefore to doe, not what they would, but what they could, hee thought that the more vniuersall resoluti∣on was the better.

Morone sent to call the Ecclesiasticall Ambassadours: to whom hauing imparted the proposition and opinion of that assembly, they consented to

the end and the manner, according to the opinion of Loraine. Which resolu∣tion being also communicated to the secular Ambassadors, they did all assent, except the Spaniard, who sayd, hee knew not the expresse will of his King, and desired time that he might vnderstand it. Notwithstanding this, the Legates, resolute to execute this determination, gaue the matter concerning Princes, omitting the Anathematismes, and all the particular Articles, onely re∣newing the old Canons of the Ecclesiasticall liberty and iurisdiction, spea∣king of Princes with much reuerence, onely exhorting them to cause their ministers not to violate them. The same day at night a Congregation was made, to beginne to speake of the reformation, and an order was set downe, that there should bee two Congregations a day, vntill all the voyces were giuen.

Which were deliuered with great shortnesse & resolution except by some * 1.107 few Spaniards, who desired to hinder, whereas all the others did endeauour to promote the expedition, with breuity. The greatest difficultie was con∣cerning the sixth Article, of the subiection of Chapters to Bishops, in regard of the great interest, which not onely the Bishops, but the King also had in diminishing the Capitular authoritie, that they might not oppose the subsi∣dies which are often imposed in Spaine, and, on the other side, for the fauours the Legates did the Chapters, by whose meanes, and for the reasons alleadged, many Italians, who first seemed to fauour the Bishops, turned on the Chap∣ters side. The Count of Luna sent a Currier to Rome, in diligence, by whose aduice Ʋargas, the Ambassadour, entreated the Pope for his fauour to the Bishops. Who, according to his custome, referring himselfe to the Coun∣cell, the Ambassadour complained that the Italian Prelates had beene per∣swaded to change their opinion in that matter. Whereunto the Pope rea∣dily answered, that they changed, because they were free, but that the depar∣ture of the Agent for the Chapters from the Councell was not free, hauing beene driuen from thence, and, vpon that occasion, complained, that the Count of Luna, in Trent, did disswade the finishing of the Councel. Not∣withstanding he wrote, according to the Ambassadours request, but in such termes, as did not disfauour the pretensions of the Chapters. And finally the Decree was made, with some enlargement of the Episcopall authoritie in Spaine, but not so much as they desired.

The Venetian Ambassadours made instance, that, in the Article of Pa∣tronages, those of the Emperour and Kings being excepted, those of their Republique might bee excepted also. The Legates were willing to please them, but could hardly tell how. For to except all Republiques was too much, and to name them particularly would breed matter of iealousie. They found a temper, to comprehend that in the number of Kings, declaring that amongst those are contained the possessors of Kingdomes, though they haue not the name.

In the Congregation of the twentieth day, a proposition was made, to * 1.108 demand the Popes confirmation of all the Decrees of the Councell, as well vnder Paul and Iulius, as vnder his Holinesse. The Arch-bishop of Gra∣nata opposed; saying, that in the sixteenth and last Session vnder Iulius, when the Councel was suspended, it was ordained that all the Decrees made

by the Synode vntill then should be obserued, without saying that there was any neede of confirmation, so that to demaund it now would bee to con∣demne those Fathers, who then thought that the Decrees might bee execu∣ted, without any confirmation at all. Hee professed hee did not say this be∣cause he disliked the demand of a confirmation, but that meanes might bee found to vse words not preiudiciall. Otranto answered, that the Decree, na∣med by Granata, did not onely not fauour the opposition which hee drew from it, but did resolue it rather, shewing plainely, that the Councell did not thinke the ordinations obligatory, because it did not command, but simply exhort that they should bee receiued and obserued, whereof no other cause could bee alleadged, but the want of confirmation. Granata was quiet, and resolued to demand the confirmation, as it was proposed by the common consent. But in the manner there was some difference. Some were of opi∣nion that the Councel should demand confirmation, and dissolue without expecting answere; saying it could not otherwise bee done with dignity, ei∣ther of the Apostolique Sea, or of the Councel, and that it would seeme to bee an accord made betweene them; and if any thing should not bee confir∣med, the prouision must bee made by the same Councel. To satisfie these, who were many, Morone was willing, that, in the Session of the ninth, which, in regard of the multiplicity of the matters, was thought would continue three dayes, the first day a Currier should bee dispatched to demand the con∣firmation, at whose returne another Session should bee held without any action, but to dissolue the Synod. But this opinion had much contradiction. For if the Pope would confirme the Decrees without examining them, the same difficulty did returne; if with examination, the time of some moneths was necessary. Finally, the Cardinall of Loraine told the Fathers, that these difficulties were to prolong the Councel; that himselfe and the other French men must needes depart, being so commanded by the King, and that after their departure the Councel could not bee called Generall, there wanting a Nation, whereby the dignitie and honour of it would bee diminished, and Nationall Synods and other difficulties might bee raised. This halfe prote∣station, with the perswasions of the Imperialists for the expedition, was cause (after many consultations) of a resolution, to demand the confirmati∣on, and dissolue the Synod in the same Session.

The Cardinal of Loraine wrote presently to de Ferrieres, who was at Venice, that the matter concerning Princes beeing accommodated, hee might re∣turne to Trent. Who answered hee could not, without particular commis∣sion * 1.109 out of France, because the King in his letters of the ninth, had written to him, as also to him the Cardinall, that when the Decree was made, and himselfe aduised thereof, hee would send him backe; so that it was necessary to expect the order of his Maiestie. But hee wrote to the King, that hee thought it not fit for his seruice to returne, in regard that the rights of the Crowne, and the liberty of the Gallican Church were violated in other De∣crees also, published in that Session.

The reformation standing in good termes, the care of composing the Decree of Purgatory, inuocation, worship, reliques, and images of Saints was committed to the Cardinall of Ʋarmia, and eight Prelates; who, thought

they all resolued not to mooue any difficulties, yet they did not agree. Some were willing to make mention of the place of Purgatory, and of the fire, as was done in the Councell of Florence. Others said, that this being hard to doe, and impossible to find words to expresse it, which might giue satisfacti∣on to all, it was better to say onely that the good workes of the faithfull did helpe the dead for the remission of their sinnes. The Arch-bishop of Lanciano said, that, in handling the Masse, mention was made, that that sacrifice is * 1.110 offered for those that are deceased in CHRIST, not intirely purged; by which words the doctrine of Purgatorie was sufficiently defined: so that nothing remained to bee done, but to enioyne the Bishops to cause it to bee preached, and to take way the abuses, taking care also that there bee no want of due prayers for the dead. And so the Decree was made.

In matter of the Saints they easily agreed to condemne, particularly, all * 1.111 the opinions, contrary to the vses of the Roman Church. Onely about Ima∣ges there was some difference. The Arch-bishop said, no honour was due vnto them, but by relation to the thing signified. But Lainez, the Gene∣rall, who also was one of the composers, added, that, when they were dedi∣cated, and put in place of adoration, a worship did belong vnto them, besides the adoration due vnto the Saint worshipped in them, calling this adoration Relatiue, and the other Obiectiue. He prooued his opinion, because the vessels and vestments consecrated deserue a reuerence belonging vnto them, by vertue of the consecration, though they doe not represent any Saint; and so an adoration is due vnto the Image dedicated by vertue of the dedication, besides the reason of the representation. The Cardinall of Ʋarmia, for satisfaction of both, concluded, that the opinion of the Arch-bishop ought to be expressed, as more facile, and plaine, but without words which might preiudice the other.

Deputies were appointed also to reuiew the reformation of Friars and Nunnes, besides those Prelates who had composed it, and the Generals of the Orders were added vnto them. These changed nothing, but that it being generally granted, in the third Article, to all Monasteries of Regular Mendi∣cants to possesse immooueable goods, though it bee contrary to their institu∣tion, Friar Francis Zamotra, Generall of the Minor Obseruants, desired that his Order might be excepted; saying, hee meant to liue according to the rule of Saint Francis, from which in was not fit to exempt those who did not de∣maundit. And satisfaction was giuen him by excepting his Order: as also the Capuchins, at the instance of Friar Thomasodi Castello, their Generall. Ge∣nerall Lainez desired also the exception of the company of Iesu; saying, that, howsoeuer the Colledges deputed to entertaine schollars, who were not yet religious, might enioy mooueable goods, yet the house•• professed, in which the societie doth essentially consist, might not liue but by begging, without possessing any immoueable thing whatsoeuer. This was easily granted. But he returned the next day, desiring the exception might bee remooued, and said, that his societie would alwayes preserue themselues in pure 〈…〉〈…〉citie, in the houses professed, but did not care to haue this honour with the world, * 1.112 thinking their desert in the sight of God to bee sufficient; which would bee the greater, if, being able to make vse of the power giuen them by the Coun∣cell,

they should forbeare to doe it. This resolution was made by consent of all the foure Iesuites in the Councell, proposed by Father Torres, who said, they should, by this meanes, haue libertie to vse or not to vse the grant of the Councell, according to opportunitie.

In the fifteenth Article it was constituted, that none should professe, be∣fore the age of eighteene compleate, and that euery one should bee a Nouice two yeeres at the least, at what age soeuer he entred. The Generals opposed; saying, it was not iust to hinder any from entring into Religion, who was capable to know what the Regular vowes did import; which capacitie was iudged by the Church to bee at the age of sixteene yeeres, in a time when the world was not so well awake, and therefore that it was fit rather to make the age lesse then greater: which reason they vsed also against the two yeeres of the Nouiceship. In the end, because they were willing to please all, they resol∣ued to satisfie the Generals also, and to make no innouation herein.

Besides the twentie two Articles, there was another, in which power was giuen to the Prouincials, Generals, and Heads of the Orders to expell the incorrigible out of the Order, and to depriue them of the habite. Which Iohannes Antonius Fachinnettus, Bishop of Nicastro, opposed sharpely; saying, that the profession and Act of admission to it are a mutuall contract, and, as it were, a marriage, by which the professed is bound to the Monastery, and the Monastery to him, and as the one could not depart, so the other could not put him away, and that, by meanes of this Decree, all Cities would bee filled with expelled Friars, to the great scandall of the world. The Arch-bishop of Rosano said to the contrary, that the relation was not as betweene man and wife, but as betweene father and sonne, and that the sonne could neuer lawfully refuse the father, but the father might emancipate his sonne, especially if hee were disobedient, and that it was a lesse euill to see expelled Friars in the Cities, then incorrigible in the Monasteries. The Generals were not all of one opinion. The perpetuall did approoue the expulsion, but the temporary did not. The maior part inclined, (according to the custome of a multitude, when it consulteth) to leaue things in the state they were, and not to decree either for the one side or the other. But, in this consultation, it was often repeated, and by many, that the people did receiue great scandal to see some weare a religious habit many yeeres, and afterwards become se∣culars. This brought the secret profession into question, and made a con∣sultation to begin, whether they ought to declare it to bee of force, as it had beene vntill that time, or that no profession doth bind, but that which is ex∣presse. But this had difficulties also; for temper whereof, this resolution was taken, that the religious Prelat, the yeere of probation being ended, should be bound either to giue the Nouice leaue to depart, or admit him to the profession. And this was inserted in the sixteenth Article, as in a place conuenient.

Generall Laynez commended the Decree very much, as necessary; but de∣sired that his societie might bee excepted, alleadging, that the condition of it was different from that of other regular Orders, that in those tacite profes∣sion hath place, by ancient custome, and approbation of the Apostolique Sea, which in their society is prohibited; that the cause of scandall which the

people receiueth in seeing some in a secular habite, who haue long worne the religious, doth cease in them, in regard the habit of the Iesuits doth not differ from the secular; that their society hath also a confirmation from the Apo∣stolique Sea, that the Superiour may admit to the profession after a long time; which hath neuer beene made to any Regular. All inclined to fauour him with this exception; for extention whereof hee contended, that the Rules of speaking Latine did require that the expression should bee in the plurall, say∣ing, that by these things the Synod doth not intend to alter the institution of the Iesuits, &c. And it was not considered that this manner of speech might bee referred both to the admitting or dismissing of Nouices in the end of the * 1.113 yeere of Probation, and to the whole Contents of the sixteenth Article; as also that it might be referred to all the things contained in the sixteen heads. But the Father knew how to make vse of the negligence of others, laying a foundation, on which the succeeding Iesuites might build that singularitie which now appeareth in their Societie.

The Congregation of the two and twentieth treated of Indulgences; the difficultie and length of which matter made the maior part to bee of opinion to speake of it no more, in regard all were resolued before to auoide impedi∣ments. But some desired to handle them, saying, that otherwise the Here∣tickes would say, that they were omitted, because there was no ground to maintaine them. Others thought it sufficient to speake of their vse onely, and to take away the abuses which the corruption of times hath brought in. The Ambassadour of Portugall said, hee was sorry that prouision was not made for the Crusadoes, but would bee silent, lest occasion might bee taken to prolong the Councell. The Emperours Ambassadours, though they did ioyntly sollicite the Expedition, by commission from their Master, were not of accord in this. Prague would not haue them speake of the points of do∣ctrine. Fiue-Churches said, that if they were omitted, and the abuses of re∣liques, Images, and Purgatorie not taken away, the Synode was quite shamed.

The Bishop of Modena tolde the Fathers, that, in case they would handle Indulgences, as they had done Iustification, considering all the causes, and resoluing all the questions, they would finde it difficult, and to require a long time, it being impossible to make that matter plaine, but by determi∣ning first whether they bee absolutions, or compensations onely, and suffra∣ges; or whether they doe remit the penalties imposed by the Confessor one∣ly, * 1.114 or all that are due: likewise whether the Treasure, which is put for their foundation, doeth onely consist of the merits of CHRIST, or whether those of Saints bee required also; whether they may be giuen, though the re∣ceiuer performe nothing; whether they extend to the dead also; and other things of no lesse difficultie. But to determine that the Church may graunt them, and hath done so in all times, and that they are profitable for the faithfull, who doe worthily receiue them, needeth no great disputation. The authoritie to graunt them is prooued by the Scripture; their continuall vse by Apostolicall tradition, and authoritie of Councels, and the perspicuitie of the whole matter by the vniforme doctrine of the Schoolemen. Vpon this a Decree may be composed without difficultie. The opinion had many

followers; and hee, with other Friar Bishops, was deputed to make a Decree in this sense, adding a prouision against abuses.

In the Congregations following they handled the Index of bookes, Ca∣techisme, Breuiarie, Missals, and Agends. And all things, determined in the particular congregations of the Prelates, deputed for these matters since the beginning of the Synod, were read. Wherein they did not all agree. Some thought that certaine Authours and Bookes were censured without reason; * 1.115 and some, that others were omitted which did more deserue censure. And there was no lesse difficultie about the Catechisme, some thinking that that which was made, was not fit to be made the common for the whole Church, in which the greater part are simple, and some desiring that more matter might be put into it. And they differed as much about the Rituall bookes, some desiring an vniformitie in the whole Church, and some maintaining their owne. But it appearing that these matters could not bee decided in a whole yeere, the Legates propoled that all should bee referred to the Pope. Whereunto some few Prelates did not consent, and namely the Bishop of Le∣rida made a long oration to shew, that if any thing were proper to the Coun∣cell it was the Catechisme, it being a booke, which, after the Symbol, ought to hold the first place in the Church; that the Rituall bookes ought to hold the second, in correcting of which there was need of an exquisite knowledge of antiquitie, and of the customes of all countreys, which will not bee found in the Court of Rome; where, though there be men of excellent wit, and of great learning, yet they want skill in this kind which is necessary to doe any thing commendably herein, and that this is more proper to the Councell. But the resolution to finish, and the desire to depart from Trent, caused him to haue but small audience.

The fiue and twentieth of this moneth, the Count of Luna came to the Legats, with an instance in writing. Hee complained that the most princi∣pall matters for which the Councell was assembled were omitted, and the others precipitated; that they went about to finish the Synod without the priuitie of his King; concluding, that they ought to heare the opinions of the Diuines concerning the points of doctrine, and expect an answere out of Spaine for the end of the Councell. The Legats answered; that things were in such forwardnesse, that there was no time to expect, nor was possible to withholde so many Bishops, who were already in order to depart. The Count replyed, that if the Councell were ended without the knowledge of his King, besides the instance, he would doe something else, as hee thought conuenient. Hereupon the Legats sent presently to the Pope, and the Count to the Ambassadour Vargas, to treat with his Holines. But Ʋargas thought it superfluous to speake any more herein, both because, at the comming of the currier, the Pope fell extreame sicke, and because hauing made the same instance a few dayes before, the Popes finall answere was, that he referred it * 1.116 to the Councell, the libertie whereof, so much desired by his King also, hee would not impeach. And the Ambassadour saying, that the Councel ought to bee held open, because all the world did desire it, the Pope demanded what that world was which would haue it open; the Ambassadour answe∣red, Spaine would; the Pope replied, Write into Spaine, that if they buy and

studie Ptolomie, they shall finde that Spaine is not the whole world. The Le∣gats vsed many perswasions to the Count of Luna; and so did Loraine also, and the Emperours Ambassadours. But, not being able to preuaile, they la∣boured against him, the Ambassadours in the name of the Emperour, King of the Romans, and of all Germanie, and Loraine in the name of his King, and of the Kingdome of France. The Legats, resoluing to finish the Councell, according to the Popes order, howsoeuer the Spanish Ambassadour might oppose, were diligent in dispatch of the matters.

While these things were in doing, the first of December, a currier came from Rome late at night, with aduise, that the Pope was suddenly fallen into a dangerous infirmitie. He brought letters from Cardinal Borromeo to the Le∣gats, * 1.117 and Cardinall of Loraine, that they should hasten the Councell as much as might be, and finish it without respect of any, to withstand the inconue∣niences which might occurre about the election of the Pope, in case the Councell should be open in time of vacancie. In the letters there were some few words written with the Popes owne hand, who did commit the same absolutely, and tolde Loraine he should remember his promise. It is certaine (to speake this particular here, though out of place) that the Pope was resol∣ued, in case he did not recouer quickly, to create eight Cardinals, and to take order that no confusion might arise in the election of his successor. The Legats and Loraine purposed to anticipate the time of the Session, and either with the propositions, or without to finish the Councell within two dayes, that the newes of the Popes death might not first come. Therefore they sent to communicate the aduice receiued, & their resolution, to the Ambassadors, and did negotiate with the principall Prelates. They all agreed except the Spanish Ambassadour, who sayd hee had order from his King, that if the Sea were vacant, he should not suffer the Pope to bee elected in Councel, but that the election should be by Cardinals, so that there was no neede to precipitate. But Morone answered, hee knew for certaine, that the Am∣bassadour of France, who was as yet in Venice, had order from his King, to protest that the Kingdome would not obey any Pope, but him that should * 1.118 bee elected in Councell; so that it was necessarie by all meanes to finish it, for auoyding of danger. The Count of Luna made a Congregation of Spanish Prelates in his house, and spread a fame, that hee was resolued to protest and oppose.

Notwithstanding, the Legates held a Congregation the next mor∣ning, in which the Decrees of Purgatorie and of the Saints were read, as they were composed by the Cardinall of Ʋarmia, and the other depu∣ties. Afterward the reformation of Friars was read, and all appooued with very great breuitie, and a little contradiction. Then the Articles of refor∣mation were read. In the first of the manners of Bishops, at the passage, where it is said, that they shall not inrich their kinred and familie by the reuenues of the Church, it was said of the reuenues of the Church, of which they are faithfull dispencers for the Pope. The Bishop of Sal••nona did op∣pose this point, saying, that the portions of the poore being diuided by ancient Canon, as also of the fabrique and of the Episcopall table, it cannot bee said that bishops, and other beneficed persons are dispencers, but were

Lords of their owne part; which if they did spend ill, they did sinne and in∣curre the wrath of God, as euery other man did, who spendeth his goods a∣misse; but if they were dispencers for the poore, they should bee bound to restitution, which cannot be said. There were many discourses, the ma∣ior part defending that beneficed men were Lords of the fruits, or vsufructu∣aries, and others saying, as the French Ambassadour had done in his Ora∣tion, that they haue but the vse onely. Some defended the words of the Decree that they were dispencers, alleadging the place in the Gospell of the faithfull seruant, and the Doctrine of all the holy Fathers. But the precipi∣tation to finish the Councell, caused those words, that is, of which they are appointed faithfull dispencers for the poore, to be omitted, as also other difficulties to be passed ouer in silence.

In the Article of Patronages, the Ambassadours of Sauoy and Florence made request that those of the Princes might bee accepted also, or that all might be comprehended but those of the Emperour and Kings. Satisfacti∣on was giuen them, by accepting, besides the Emperour, Kings, or Possessors of Kingdomes, other great and supreame Princes, who haue soueraignety in * 1.119 their dominions. Afterwards a proposition was made for the reading in Session of all the Decrees made vnder Paul and Iulius, to bee approoued; which Modena opposed, saying that it would bee a derogation to the autho∣ritie of the Councell of those times, if it should seeme that the things then done had need of a new confirmation of the Fathers, and would shew that this and that was not all one, because none can confirme his owne things. Others sayd, it was necessarie to doe it, for that cause that authoritie might not bee taken from them, saying, that they were not of the same Councell. And the same French-men, who before did so earnestly desire that it might be declared that the Councell was new, and not continuated with that vnder Paul and Iulius, did now labour more then others, that all cause of doubting might be taken away, that all the acts from the yere 1545. vntill the ende; were not of the same Synode. Thus it happeneth, as in humane affaires, so in religion also, that one credulity is changed with his interests. Therefore now, all aiming at one marke, it was determined, simply to read them, and say no more. For so the vnitie of the Councell was most plainely declared, and all difficulty remooued which the word confirmation might bring, leauing euery one to thinke what he listed, whether the reading of them, did cousequently import a confirmation, or a declaration of their validity, or an inference that it was one Synode which made them with that which read them.

Finally a proposition was made to anticipate the Session, and to celebrate * 1.120 it the next day; and, if all the actions could not then be dispatched, to con∣tinue it the day following, and to dismisse the Fathers, and subscribe all the acts of the Councell on Sunday. The Spanish Bishops opposed this, saying, that there was no necessity to abbreuiate the time. Notwithstanding Card. Morone sayd, that the Session should bee held. And Loraine and the Emperors Ambassadors renewed their perswasions to the Count of Luna, that he would yeeld to that which is so vniformely resolued. Who in the end, after ma∣ny things spoken and replyed, was content vpon two conditions; one, that

a decree might be made that the Pope should make prouision for all things that remaine; another that in the handling of Indulgences it should not bee said that they ought to bee giuen gra••ts, nor any other thing that might pre∣iudice the Crusadoes of paine.

That day therefore being come, which was Friday, the third of Decem∣ber, they wentto the Church with the vsuall Ceremonies, and the Masse was said, in which Ierolamus Ragazzone, Bishop of Nazianzo, made the Sermon. * 1.121 Hee summoned all the world to admire that most happie day, in which the * 1.122 temple of God was restored, and the ship brought into the hauen, after so many tempests, and stormes; and that the ioy had beene greater, if the Protestants would haue had their part in it, which was not the Fathers fault. He said, they had chosen that citie for the councell, scituated in the mouth of Germanie, euen at the threshold of their houses, without any gard, not to giue suspition of want of libertie; that the Protestants had beene inuited, by a Safe-conduct, expected and prayed; that, for the safetie of their soules, the Catholike faith was expounded, and the Ecclesiasticall discipline restored. He shewed the abuses taken away in holy Rites. He said that if there had beene no other cause to call a Councell, it had beene necessary to doe it for the prohibition of Clandestine mariages. And, passing to the things constitu∣ted for reformation, he shewed, from step to step, the publike seruice the Church would receiue by those decrees. Hee added, that the explication of faith, with the reformation of manners, had beene handled in former Coun∣cels, but not more diligently in any, that the arguments and reasons of the heretikes had been often handled and discussed, and many times with great contention, not because there was any discord amongst the Fathers, which cannot bee amongst those who are of the same opinion, but to proceed with sinceritie, and so to cleere the trueth as that more could not haue beene done if the heretikes had beene present. He exhorted all, that, being returned to their Diocesses, they would put the Decrees in execution; as also to thanke God first, and then the Pope, shewing what hee hath done to fauour the Councell, sending Nuncij into the Protestant Countries, Legates to Trent, exciting Princes to send Ambassadours, sparing no cost to maintaine the Councell in libertie. He commended the Legates, as being good guides, and moderators, and, in particular, Cardinall Morone, and concluded with the commendation of the Fathers.

After the ceremonies were ended the Decrees were read. In the doct∣rine * 1.123 of Purgatorie it was said that the Catholike Church hath taught, out * 1.124 of the Scripture, traditions, and in this same Synode, that there is Purgatorie, and that the soules detained in it, are assisted by the suffrages of the faithfull, and the sacrifice of the Masse. Therefore it doth command Bishops to teach sound doctrine in this matter, and cause it to bee preached, without handling subtile questions before the ignorant people, not suffering vncertaine and vn∣likely things to be published; prohibiting curiosities, superstition, and vnho∣nest gaine, procuring that those suffrages bee fully executed which are vsually made for the dead by the liuing, as also that the things ordained in last wils, or in any other manner be fully performed.

In matter of the Saints, it doth command Bishops and all others who haue * 1.125

the charge of teaching that they instruct the people, concerning the interces∣sion and inuocation of them, honour of relikes, lawfull vse of Images ac∣cording to the ancient doctrine of the Church, consent of Fathers, and De∣crees of Councels, teaching that the Saints doe pray for men, that it is pro∣fitable to inuocate them, and to haue recourse to their prayers and assist∣ance. Afterwards, all in one periode, it doeth condemne seuen asse••ti∣ons in this matter. That the Saints of Heauen ought not to bee inuocated. That they doe not pray for men. That it is idolatrie to inuocate them to pray for vs, though singularly. That it is repugnant to the word of God, contrarie to the honour of CHRIST, and a foolishnesse to pray vnto them, either with heart or voyce. That the bodies of Saints, for whose sake God doeth giue vs many benefits, ought not to bee wor∣shipped. That their reliques and sepultures ought not to bee honou∣red. And that it is in vaine to make mention of them, to obtaine assi∣stance.

Concerning images, that those of CHRIST, of the Virgin, and of Saints * 1.126 ought to be kept in the Churches, and to haue due honour giuen them; not that there is any divinitie, or vertue in them, but because the honour redoun∣deth to the thing represented, CHRIST and the Saints being worshipped by the images, whose simisitude they beare; as hath beene defined by the Councels, especially in the second of Nice. That for histories, the mysteries of religion, expressed in pictures, are taught to the people, and the Articles of faith called to their mind; and not onely the Benefites of CHRIST are sug∣gested to them, but the miracles and examples of Saints are euen put before their eyes, that they may thanke God for them, and imitate them; anathema∣tizing those that teach or beleeue the contrarie.

Afterwards it addeth; that, desiring to take away the abuses, and occa∣sions of pernicious errors, it doeth ordaine, that, if there because to make an image of the Diuinity, to declare the Historical pictures of the holy Scripture, the people be taught that it is not done because it can be seene with bodily eyes, that all superstition in inuocation of Saints, worship of relikes; and vse of images be taken away, that all dishonest gaine bee abolished, all excesse auoi∣ded, images not pictured, nor adorned lasciuiously, nor banquets made in the Feasts of Saints, or visitation of reliques, that no vnusuall image be put in any Church or other place, but approoued by the Bishop, that no new miracles be admitted, or new reliques receiued, and in case of any doubt or abuse hard to be remooued, or great difficultie, the Bishop shall expect the opinion of the Prouinciall Councell neither shall any thing new, or vnusuall in the Church be decreed without the consent of his Holinesse.

The Decree of the reformation of the Regulars did containe two and * 1.127 twentie heads, with these particular precepts, in summe, 1. That all shall obserue the rule of the profession, especially in regard of the perfectiō, which consisteth in vowes and essentiall Precepts, as also in regard of their common foode and apparell. 2. None shal possesse goods mooueable or immooueable, as their owne neither shall their Superiours grant immooueables, so much as for vse, gouernement, or Commenda, and in the vse ef mooueables, there shall be neither superfluitie nor want. 3. The Synode granteth to all

Monasteries, though Mendicant, except the Capuchins, and the minor Obser∣uants, to possesse immoueable goods, with command, that the number of religious in the Monasteries may bee established to containe as many as can be maintained by the rents or vsuall almes, neither shall such places bee built hereafter without licence of the Bishops. 4. No religious person shall goe to the seruice of any place or person, without leaue of his Superiour, nor de∣part from his Conuent, without his command. 5. Bishops shall haue care to restore, and preserue the enclosure of the Nunnes, exhorting Princes, and commanding Magistrates, vpon paine of excommunication, to assist them. Nunnes shall not goe out of the Monasteries, and none shall enter, vpon paine of excommunication, without exception of sex, condition, or age, except it bee with licence. The Cloisters of Nunnes which are without the walles of the Cities and Castles shall be brought within. 6. That ele∣ctions bee made by secret scrutinie, and titulars, shall not bee created to this effect, or the voyce of the absent supplied, otherwise the election shall be voyde. 7. In the Cloisters of Nunnes the Superiour shall bee fortie yeeres of age, and eight yeeres professed or, where this cannot bee of thirtie yeeres of age at the least, and fiue yeeres professed. No woman shall haue superioritie in two Nunries, and he that is to ouersee the Election, shall stand without the gates. 8. The Monasteries, immediatly vnder the Aposto∣lique Sea, shall be reduced into a Congregation, and shal giue order for their gouernement, and their superiours shall haue the same authoritie as others haue, which haue beene formerly reduced into a Congregation. 9. The Monasteries of Nunnes, subiect immediatly to the Apostolique Sea, shall bee gouerned by the Bishops, as Delegates. 10. The Nunnes shall confesse and communicate, once a moneth, at the least, and, besides the ordinarie Confessor, one extraordinary shall be giuen twice or thrice a yeere, and they shall not keepe the Sacrament within the Monastery. 11. That in Monasteries, which haue cure of the soules of Secular men, those who doe exercise it, shall be subiect to the Bishop as farre as concerneth the ministe∣rie of the Sacraments, except the Monasterie of Clugni, or where the Abbats, Generals, or Heads of the Orders doe reside, or where the Abbats haue Episco∣pall or temporall iurisdiction. 12. The Regulars shall publish, and obserue the Papall and Episcopall censures, and interdicts, as also the feasts which the Bishop shall command. 13. The Bishop shall bee iudge of all contro∣uersies for precedence, betweene Ecclesiasticall persons, whether Secular or Regular, and no appeale from him shall lie; and all shall bee bound to goe to publique processions, except those who liue in strict inclosures. 14. The Regular, who resideth in the Cloister, and committeth an excesse abroad shall be punished by his Superiour, when the Bishop shall appoint, who also shall bee certified of the punishment, or otherwise the delinquent may be punished by him. 15. Profession made before the age of sixe∣teene yeeres compleat, and a yeere of probation, shall be voyde. 16. No ronunciation or obligation shall bee of force, except it bee made within two moneths before the profession, and with licence of the Ordinarie; and the time of probation beeing ended, the Superiours, shall admit the N〈…〉〈…〉 to the profession, or send them out of the Monasteries; but not meaning to

comprehend the Iesuites. The Monasterie shall not receiue any thing of a Nouice before the profession, except foode and apparell, and, at his departure, all shall be restored that belongeth to him. 17. No virgin shall receiue the habit, or make profession, except shee bee examined by the bishop, and her will well vnderstood, and that shee hath the conditions required by the rule of that Monasterie. 18. That all such bee anathematized, of what condition soeuer, who shall (except in lawfull cases) force any woman to en∣ter into a Monasterie, receiue the habit, or make profession, as also those who shall, without iust cause, hinder those who would enter willingly, * 1.128 except the Penitenti, or conuertite. 19. Hee that shall pretend a nullitie in the profession shall not bee heard after fiue yeeres from the first day thereof, and shall alleadge the cause before the Superiour and Ordinarie, before hee depose the habit, and none shall goe to a more large religion, nor haue leaue to weare the habit secretly. 20. The Abbats and Heads of the Orders shall visit the Monasteries, subiect vnto them, though but by Commenda, and the Commendataries shall be bound to execute the Ordinations; and, in those, Priors and Superiours, who haue spirituall gouernement shall bee created by the Chapters, or visiters of the Orders. 21. That the Synode doeth desire to restore discipline in all Monasteries, but seeth it is impossible, in regard of the stiffenecked and difficult age, yet they will not omit to vse meanes, that hereafter prouision may bee made therein, and doe hope that his Holinesse, as farre as hee shall see the times will comport, will pro∣uide that a Regular professed person shall bee made gouernour of Mona∣steries commended, and those that shall bee vacant hereafter shall not bee conferred but vpon Regulars; and those who haue Monasteries in Commenda, and are Heads of Orders, if prouision bee not made within sixe moneths of a Regular successor, they shall make prouision, or quit the place, otherwise the Commendaes shall bee vacant. And, in the prouision of Monasteries, the qualitie of euery one shall bee expressed by name, otherwise the prouision shall bee accounted surreptitious. 22. That it shall bee vnderstood that all Regulars are subiect to these Decrees, notwithstanding any priuiledge, though by foundation; commanding Bishops and Abbats to execute them immediatly, and praying, and commanding Princes and Magistrates, to as∣sist them, as often as they shall be required.

The reading of the generall reformation did presently follow; which, * 1.129 after an exhortation to Bishops for exemplary life, modestie in apparell and food, and frugality, doth forbid. 1. That they shall giue to their kin∣red, or any of their family, any part of the reuenues of the Church, except they bee poore; extending the same to all beneficed persons, secular, or regu∣lar, and also vnto Cardinals. 2. That the Bishops shall, in the first Pro∣uinciall Councell, receiue the Decrees of this Synod of Trent, promise obe∣dience to the Pope, Anathematize the heresies condemned, and euery Bishop promoted hereafter shall doe the same, in the first Synod; and all beneficed men, who are to assist in the Diocesan Synode, shall doe the same therein. Those who haue the care of Vniuersities, and studies generab, shall endea∣uour to make the Decrees to be receiued in them, and the Doctours to teach the Catholique faith in conformitie of them, and shall take a solemne oath

herein euery yeere. And for those which are immediatly subiect to the Pope, his Holinesse will haue care that they be reformed in the same manner by his Delegats, or as hee shall thinke fit. 3. That, howsoeuer the sword of excommunication is the sinew of Ecclesiasticall discipline, profitable to keepe men in obedience, it is to be vsed with sobriety and circumspection, ha∣uing found by experience, that it is more contemned then feared, when it is denounced rashly, for a small cause. Therefore it shall not be denounced by any, but by the Bishop for things lost or stollen; who shall not grant it at the perswasion of any secular authority whatsoeuer, though a Magistrate. And in iudiciall causes, in which a reall or personall execution may bee made, they shall abstaine from censures; and in ciuill, belonging in what manner soeuer, to the Ecclesiasticall Court, they may vse pecuniary punishments, or proceed by distraining of goods, or imprisonment of the parties themselues, with their executors or others; and in case they be not able to execute really or personally, they may proceed to excommunication. And the same shall be obserued in criminall causes. The secular Magistrate shall not prohibite the Ecclesiasticall to excommunicate, or reuoke excommunication, vpon pretence that the Decree hath not beene obserued. The person excommu∣nicated shall not onely not be receiued to participate with the faithfull, but, if he perseuere in the censures, he may be proceeded against, as suspected of heresie. 4. It doth giue power to the Bishops, in the Diocesan Synods, and to the Heads of the Orders, in the generall Chapters, to ordaine for their Churches that which shall bee for the honor of God, and benefite of them, when there shall be an obligation to celebrate so many Masses by testamen∣tarie legacies, that they cannot bee performed, or that the almes is so small that none can bee found to performe the charge, but with condition, that memory be alwaies made of those parties deceased who haue left the legacies. 5. That, in the collation, or any other disposition of Benefices, no deroga∣tion bee made to the qualities, conditions, and charges required, or imposed in the erection or foundation, or by any other constitution, otherwise the prouision shall bee accounted surreptitious. 6. When the Bishop, not in time of visitation, doth proceed against the Canons, the Chapter shall elect two in the beginning of euery yeere, by whose councell and consent, the Bi∣shop shall proceed in all the acts, and the voyces of both shall bee as one; and in case they both dissent from the Bishop, a third shall bee elected by them, who shall determine the controuersie; and if they cannot agree, the third man shall bee elected by the next Bishop, But, in causes of concubi∣naries, or other more hainous, the Bishop may receiue information alone, & proceed to retention; and for the residue, shall obserue what is ordained. The Bishop shall haue the first seate in the quire, Chapter, or other publique places, and shall choose his place. The Bishop shall preside in the Chapter, except in cases belonging to him or his which authority shall not bee com∣municated to his vicar; and those who are not of the Chapter shall, in cau∣ses Ecclesiasticall, be all subiect to the Bishop, and where Bishops haue more iurisdiction then the aforesaid, the Decree shall not haue place. 7. Heere∣after no regresse or accesse to any Ecclesiasticall benefice shall bee granted, and those which be granted already, shall neither bee extended nor transfer∣red:

and herein the Cardinals shall be comprehended also. Coadiutors, with future succession, shall not be made in any Ecclesiasticall benefices whatso∣euer; and if, in Cathedrall Churches or Monasteries, it shall be necessary to doe it, the cause shall first be knowen by the Pope, and the due qualities shall concurre. 8. All beneficed men shall vse as much hospitality as their re∣uenue will giue them leaue: and it doth command those who haue the go∣uernement of Hospitals, vnder what title soeuer, to exercise it, as they are bound by the reuenues deputed hereunto; and if persons of that sort as the institution doth require be not found in the place, the reuenues shall be con∣uerted to a pious vse as neere as can be to that, as shall seeme good to the Bi∣shop with two of the Chapter. And those who will not giue satisfaction in this charge of hospitality may be compelled (though they be Laikes) by cen∣sures, and other remedies, to performe their duety, and shall be bound to the restitution of fruits in court of conscience, and such gouernements shall not begiuen hereafter to any; for longer time then three yeeres. 9. The title of Patronage shall be shewed to be authenticall by foundation, or donation, or by presentations multiplied time out of mind, or by some other lawfull manner. But in persons and communities, in whom vsurpation is vsually pre∣sumed, the proofe shall be more exact, and time immemoriall shall not suf∣fice, except presentations of fiftie yeeres at the lest bee authentically shewed, and that they haue all taken effect. Other sorts of Patronages shall be vn∣derstood to be abrogated, except those of the Emperour, Kings, posses∣sours of Kingdomes, and supreme Princes, and of generall studies. The Bishop may refuse to admit those that are presented by the Patrons, if they be not fit; and the Patrons shall not meddle with the fruits, neither shall the right of Patronage be transferred against the canonicall ordinations: and the vnions of simple benefices to those which haue right of patronage, if they haue not really taken effect, shall wholly cease, and the benefices shall be re∣duced to liberty, and those that haue beene made within fourtie yeeres, though they haue beene executed, shall be reuiewed by the Bishops, and if a∣ny defect be found, shall be made void, and likewise all Patronages shall bee reuiewed, made within fourty yeeres, for augmentation of dowrie of the Church, or for building it anew; and if they shall not bee found to bee for the euident vtility of the benefice, they shall bee reuoked, and that shall bee restored to the Patrons which is due vnto them. 10. That in Prouinciall Councels or Diocesan, foure persons at the least, shall bee elected, endowed with fit qualities, to whom Ecclesiasticall causes shall bee committed which are to bee delegated by the Legates, Nuncij, or Aposto∣lique Sea, and all other delegations shall bee thought to bee surreptitious. 11. Money shall not bee receiued before hand for Ecclesiasticall goods, in preiudice of the successours, nor Ecclesiasticall iurisdictions rented out, neither shall the Farmours of them haue power to exercise them: and the farming of Ecclesiasticall things, though confirmed by the Pope, done within thirtie yeares, for a long time, that is, for twenty nine or more yeares, ought to be iudged by the Prouinciall Synod to haue bin done with dam∣mage of the Church. 12. Those who are bound to pay tenthes, shall pay them hereafter, to whom they are intirely obliged, and he that with holdeth

them ought to bee communicated, and not to be absolued before restituti∣on. And it exhorteth all, to whom God hath giuen wealth, to impart some of it to Bishops and Priests, who haue poore Churches. 13. Whereas the fourth of the funerals was vsually paid, vntill within these forty yeeres, vnto the Episcopall or Parish Church, and was afterwards graunted to pious pla∣ces, it shall bee restored to them againe. 14 It doeth forbid all Clearkes to keepe Concubines, or any suspected women, at home, or abroad, which if they forbeare not to doe after admonition, they shall bee depriued of the third part of their Ecclesiasticall rents, & of all, after the second admonition, and suspended also from administration of the Sacraments; and, in case they perseuere, they shall be depriued of all Benefices, and made vncapable of any other, vntill they shall bee dispensed with: and if, after they haue forsaken them, they shall returne, they shall bee excommunicated also, and the cogni∣tion of these causes shall belong onely to Bishops, summarily. But Clearkes, not beneficed, shall bee punished with imprisonment, suspension, or inhabi∣litie. And if the Bishops themselues shall fall into the like errour, and not a∣mend, after admonition, giuen by the Prouinciall Synod, they shall bee sus∣spended, and, if they perseuere, they shall bee delated to the Pope. 15 The sonnes of Clearkes, not borne of lawfull matrimony, shall not haue any Be∣nefice, or ministery in Churches where their fathers haue, or haue had a Be∣nefice, nor haue any Pensions in Benefices, which the fathers either haue now, or haue had: and if, at any time, the father and sonne shall bee bene∣ficed in the same Church, the sonne shall bee bound to resigne within three moneths; prohibiting also resignations which the father shall make to ano∣ther, that hee may resigne his owne to his sonne. 16. Benefices with cure shall not bee conuerted into simple Benefices, and in those which are conuerted already, if the perpetuall Vicar hath not a conuenient roue∣nue, it shall bee assigned to him, at the pleasure of the Bishop. 17. Whereas some Bishops carry themselues basely towards the Ministers of Kings, men of preheminence, and Barons, as well in the Church, as with∣out, and not onely giue them place, with too much indignity, but serue them in person, the Synod detesting this, and reuiuing the Canons concer∣ning the Decorum of Episcopall dignitie, doeth commaund Bishops to for∣beare this, and regard their Decree, both in Church and without, remem∣bring they are Pastors; and also commaundeth Princes, and others, to giue them honour, and reuerence, due to fathers. 18. The Canons shall be ob∣serued indistinctly by all, and shall not bee dispenced but for a cause, heard with maturity, and without cost. 19. The Emperour, Kings, and Princes, who shall grant duell betweene Christians, shall be excommunicated, and de∣priued of the dominion of the place in which the duell is committed, if they hold it from the Church; and the Combattants, and Iudges of the combat, shall bee excommunicated, haue their goods confiscated, and be perpetually infamous: and if they die in the duell, they shall not bee buried in any sacred place, and those who giue them counsell either in iure or in facto, or perswade them to the duell, and the lookers on shall bee excommunicated. 20. In * 1.130 the end, the Article of Ecclesiasticall libertie, or reformation of Princes, which had beene so much examined, was read. In it the Synod doeth ad∣monish

secular Princes, hoping they will grant to the Church the restituti∣on of her rights, reduce their Subiects to reuerence the Cleargie, and not per∣mit their officers and inferiour Magistrates to violate the immunitie of the Church and Ecclesiasticall persons, but that, together with themselues, the Princes, they will be obedient to the constitutions of the Pope, and of Coun∣cels, determining that all constitutions of generall Councels, & of the Apo∣stolike Sea, in fauour of Ecclesiasticall persons, and libertie, shall bee obser∣ued by all: admonishing the Emperour, Kings, Republiques, Princes, and all, to reuerence the things that belong to Ecclesiasticall right, and not to suffer them to be violated by inferiour Lords, their Magistrates, or Ministers; that the Clerkes may reside and performe their dutie, without impediment, and with edification of the people. After this a Decree was read, neuer men∣tioned * 1.131 in any Congregation; by which the Synod doth declare, that in all the Decrees of reformation, made vnder Paul, Iulius, and Pius in the Councel, with what words or clauses soeuer, it shall be vnderstood, that the authoritie of the Apostolike Sea is excepted and preserued.

Being not able to dispatch all, the day being farre spent, the residue was deferred vntill the next morning, according to a determination made in the * 1.132 generall Congregation; in which the Congregation was made before day, howsoeuer, newes was come that the Pope was better, and out of danger of death. The decrees of Indulgences, finishing the Councell, and demaun∣ding confirmation were read, and approued by all. After dinner, the Session was held, in which the decree of Indulgence was read, containing in sub∣stance. That CHRIST hath giuen authoritie of granting them to the Church, and hath vsed the same from all antiquitie. And therefore the Synod doeth teach, and command, that the vse of them ought to bee conti∣nued as profitable for Christian people, and approoued by Councels; and doeth anathematize those that shall say, they are vnprofitable, and that the Church hath not power to graunt them. And to preserue the ancient cu∣stome, and prouide against abuses, it doeth commaund that all those offices of Pardonmongers be abolished, and, for the other abuses, it doth command the Bishops, that euery one shall collect all of his owne Church, and propose them in the Prouinciall Synod, to be referred to the Pope, who will take or∣der therein. Concerning fasts, difference of meates, and obseruation of feasts, it exhorteth Bishops to obserue the precepts of the Roman Church; and for the Index, howsoeuer it was finished, in regard the Synod hath not time to iudge of it, it doth ordaine that it shall be carried to the Pope, and re∣ferred to his censure; and the same shall bee done concerning the Catechisme, Breuiaris, & Missall. It published also mother decree, that, by the places assig∣ned to Ambas. it shall be vnderstood that no man is preiudiced. In the end it prayeth the Princes to vse meanes that the decrees of the Councell be not vi∣olated by the heretickes, but receiued and obserued by them, and by all: in which if any difficultie or necessirie of declaration shall arise, the Pope, cal∣ling * 1.133 those whom he shall iudge fit, from the places where the difficultie is or calling generall Councels, or by some other meanes, will make prouision. Afterwards all the decrees of reformation made in this Councell vnder Paul and Iulius, as well of faith as of reformation, were recited. For the last thing,

the Secretarie, going into the midst, did interrogate, whether the Fathers were pleased that an end should bee made of that Synod, and in the name of it, of the Legats, and Presidents, a confirmation demaunded of Pope Pius the fourth, of all things decreed vnder Paul, Iulius, and his Holinesse. And they answered not one by one, but all together, Placet. Cardinall Morone, as chiefe President, granted to euery one that was present in the Session, or had assisted in the Councell, a Plenary Indulgence, and blessed the Councell, * 1.134 and dismissed them all; saying, that after they had giuen thanks to GOD, they might goe in peace.

It was an ancient custome in the Orientall Churches, to handle the mat∣ter of Councels in a publique meeting of all, and, vpon occasion, popular acclamations did often happen, and sometimes tumultuous, which notwith∣standing did conclude in concord. And, in the end, the Bishops, transported with ioy, for the vniforme determinations, did passe to acclamations, in praise of the Emperours who had assembled and fauoured the Councell, in commendation of the doctrine declared by the Councell, in prayers to * 1.135 GOD for his continuall diuine assistance to the Church, for the welfare of the Emperours, and for the health and prosperitie of the Bishops; which were not premeditated, but as the spirit did excite some Bishop more zealous to breake out fitly into some one of these conceipts, so the common con∣course did cry with him. This was imitated in Trent, yet not giuing place to the extemporary spirit of any, but meditating what should bee proposed, and answered, and repeating it out of a paper. The Cardinall of Loraine * 1.136 tooke vpon him to bee the chiefe, not onely to compose the acclamations, but to thunder them out also; which was generally construed for a light∣nesse and vanitie, not beseeming such a Prelate, and prince, to doe an office which did belong rather to the Deacons of the Councell, then to so princi∣pall an Archbishop and Cardinall. The Cardinall roaring, and the Fathers answering, A long life for his Holinesse, and eternall felicitie for Paul, and Iulius, were prayed for; likewise eternall memory for Charles the fift, and for the Kings, protectors of the Councell, long life for the Emperour Ferdinand, and for the Kings, Princes and Repuqligues, many thanks were giuen to the Legats and Cardinals, and long life wished vnto them, life and happy returne to the Bishops, and the faith of the holy general Synod of Trent was commen∣ded as the faith of S. Peter, of the Fathers and of the Orthodoxe. An Anathema * 1.137 was denounced against all Hereticks in generall, in one word onely, not spe∣cifying either ancient or moderne. The Fathers were cōmanded, vpon paine of excommunication, to subscribe the Decrees with their owne hand. The next day, being Sunday, was spent in this: and to doe it in order, there was, as it were, a congregation. And the subscriptions were of foure Legats, two * 1.138 Cardinals, three Patriarkes, fiue and twentie Archbishops, 268. Bishops, seuen Abbats, nine and thirty Proctours of men absent, seuen Generals of Regular orders. And howsoeuer it had beene determined that the Ambassa∣dours should subscribe after the Rathers, yet a contrary resolution was then taken, for two respects. One was, that the French Ambassadour being not * 1.139 there, if the subscriptions of the others should be seene, and not his, it might bee thought a manifestation, that the French-men would not receiue the

Councell. The other because the Count of Luna had said that hee would not subscribe absolutely, but with reseruation, because his King had not con∣sented to the ending of the Councell. And the Legats published, that it not being the custome that the Decrees should bee subscribed by any that hath not a deliberatiue voice, it would bee a thing vnusuall, if the Ambassadours should.

In Rome when the Pope fell sicke, all fearing his life, there was much * 1.140 confusion in the Court. For neuer hauing knowen a Pope die in time of a Councell, they were very fearefull what might happen. They had the ex∣ample of the Councell of Constance, which, in the election, ioyned other Prelats to the Cardinals; and they were afraid that this, or some worse thing might happen. And howsoeuer the Spanish Ambassadour Vargas affirmed, that the Spanish Ambassadour and Prelats in Trent had commission, that the election should be made by the Cardinals, yet in respect of their small num∣ber, these words did not fully assure them. But the Popes recouerie gaue them much ioy: which was increased by the conclusion of the Councell, as being now fully deliuered from great danger. And the Pope ordained a so∣lemne procession to giue thankes to GOD for this great benefite. In Con∣sistory he shewed what contentment hee had in the Councell. He said hee would confirme it, adde many reformations vnto it; that hee would send three Legats, into Germanie, France, and Spaine, to perswade the execution of the Decrees, to grant things honest, and to ease them in matters of posi∣tiue Law.

The Legates, Morone and Simoneta returned to Rome before Christmas, from whom the Pope was willing to haue a particular relation, in many au∣diences, of all that happened, and tooke a note of the names of the Prelates * 1.141 who had taken paines in the Councell, that he might create them Cardinals. The Court, vnderstanding that the Pope was resolued for the confirmation, changed their ioy into griefe; and all the officers complained of the losse they should receiue in their offices, if that reformation were executed. And they considered moreouer, that those Decrees being conceiued in generall termes, and without clauses of subtill explication, as often as any difficultie did arise, the world now accustomed to barke against the Court, would make an interpretation contrary to their interests; which would be embra∣ced, as a thing of faire shew, couered with the title of Reformation. Sup∣plications and memorials were giuen to the Pope by those, who, hauing bought the offices, and foreseeing this losse, demanded restitution: a thing which the Pope did not neglect, and thought it did deserue a good remedie, lest there might be a desolation in Rome. Whereof of hauing diligently consi∣dered, he deputed Cardinals to consult vpon the confirmation, and to thinke vpon some remedie for the complaints of the Court. Some Cardinals did aduise to confirme immediately the Decrees of faith, and to proceed with maturitie in the other. For some did deserue much consideration, in regard of their small profit, and great confusion they might bring, and others must be necessarily dispensed with, in regard of their impossibilitie, or great diffi∣cultie, at the least; which could not be done with any decorum, nor without giuing much matter of discourse. Besides, it would bee necessary to haue

much consideration that they might be so executed, that no man might re∣ceiue losse or preiudice, that prouision not deseruing the name of reforma∣tion, which is with the detriment of any; but by deferring, time, and the dili∣gence of many would discouer what might bee done with common satisfa∣ction of all, without which all reformations are turned in to deformations. The Pope therefore elected eight Cardinals to reuiew them, who after long discussion were almost all of opinion, that it was fit they should bee mode∣rated before the confirmation, and thought, that, being to suffer some op∣position, it was better to doe it in the beginning, then giuing them reputa∣tion by confirming, to moderate them afterwards. It is certaine, that they who did procure the Councell, had no aime but to pull downe the Popes authority, and while the Councell did last, euery one did speake as if it had power to giue lawes vnto him. Notwithstanding, it must now appeare by nullifying or moderating some of those Decrees, that the Pope is not to re∣ceiue lawes, but to giue them to Councels.

The Pope being of himselfe inclined to the confirmation, and induced also thereunto by the perswasions of Morone, and Simoneta, yet perplex∣ed with the querimonies of the Court, and the generall opinion of the Cardinalls, that hee might come to a resolution, besides those aforena∣med, hee called the Cardinals of Bordissiera, and Amulius, as also the prin∣cipall officers of the Chamber, Chancery, and Rota: to whom the matter being proposed, the foure Cardinalls did vniformely aduise that the Councell should bee confirmed absolutely. Cardinall Amulius, in whose memorials I haue seene this negotiation, said, that his Holinesse by his patience, wise∣dome, vertue, and with immense charge, and with the paines and charge of so many Prelates, had seene the end of a great and difficult enterprise, to as∣semble direct, and finish the Councell; now a greater did remaine, but with∣out difficulty, that is, to keepe himselfe, the Apostolique Sea, and all the Ec∣clesiasticall order, from returning into the same straits, danger, inconueni∣ences, and expences; that, for these fourty yeeres, the world hath spoken of nothing but of the Councell, which the Popes could not, by any meanes, diuert, in regard of the certaine perswasion conceiued of the necessitie there∣of, and of the fruit it would produce. But if, so soone as it is ended, questi∣on be made of correcting or moderating it, or it bee left in suspence for want of confirmation, it will bee a manifestation that prouision hath not beene made in Trent, for that which was necessary, and expected, and suddenly ano∣ther meanes of prouision will bee vsed, either by Nationall Councels, or an∣other generall. And heere behold the same straights, out of which the Church, with so great difficultie, hath beene deliuered by God. But approo∣uing the Decrees, as a perfect reformation, and giuing them credit, and as much execution as is possible, many wil beleeue that nothing is wanting; and nothing is more profitable for the present times, then to spread a fame, and nourish it, that the Councell hath made an holy, necessary, and perfect re∣formation, not suffering it to be knowen that any Cardinal hath doubted that it hath not performed that for which it was called. By so doing, the humour of the world will be quiet by degrees, and his Holinesse may prouide for his ministors and seruants by dispensations, without violating the Decrees of the

Councell, because in them the Apostolike authoritie is reserued; which may serue him for a buckler to denie the importunate demands of those whom hee will deeme vnworthy of fauour, and, in time, things will insensibly, the world not obseruing it, returne vnto the same state. He said this course was taken heretofore when necessity compelled to yeeld to these humors, which vsually are bred in subiects against the gouernours, that when others doe op∣pose the Decrees, it was fit to maintaine them, for reputation of so many of his creatures, of his Legates, and of himselfe also; much more ought he not to nullifie them wholly, as would bee done by euery little moderation, cor∣rection, or delay of confirmation; which the world would iudge to bee a mortall wound vnto them all. Besides, the vulgar, who doe alwayes make the worst interpretation, will haue nothing to say, but that the Court and Pope will not endure a reformation.

This was opposed by almost all the officers of the Court, representing their losses and preiudices, and shewing how all would redound to the of∣fence of his Holinesse, and of the Apostolike Sea, and diminution of his re∣uenues. Onely Hugo Buoncompagno, Bishop of Bestice, who was Cardinall afterwards, a man much conuersant in Court affaires, said hee could not choose but wonder at this great feare, which he saw did arise without reason; that, by confirmation of the Councel, more authority was not giuen it then other generall Councels had, or then was giuen to the Decree, or Decretals, by the great number of which, and by their plaine speaking against the pre∣sent manners, many more preiudices and offences might arise, then could do by these few decrees of Trent, much reserued in the former words; that no law doth consist in the tearmes, but in the meaning, not in that which the vulgar and Grammarians doe giue it, but which vse and authority doth confirme; that Lawes haue no power but what is giuen them by him that gouerneth, and hath the care to execute them; that hee, by his exposition, may giue them a more ample, or a more strict sence, yea and contrary to that which the words doe import, and that it would bee no more to restraine or moderate the Decrees of Trent now, then to suffer them to bee restrained by vse, or by exposition, in times conuenient. Hee concluded that hee saw no cause why there should bee any difficultie about the confirmation. But hee put them in minde to withstand presently the inconueniences which might arise by the temeritie of the Doctours, who, the more ignorant they are of gouernment and publike affaires, the more they take vpon them to giue interpretation to Lawes, which doth confound authoritie; that expe∣rience sheweth that Lawes doe no hurt, nor cause any suit, but by the diuers senses giuen vnto them; that by the constitution of Nicolas the third, vpon the rule of Saint Francis, a matter full of ambiguities in it selfe, neuer any disorder did arise, because hee forbade all Glossators, and Com∣mentators to expound it; that if such prouision bee made for the Decrees of Trent, and all men forbid to write vpon them, a great part of that which is feared will bee withstood. But if his Holinesse will forbid all interpreta∣tions, euen to the Iudges also, and ordaine that in all doubts they shall come for exposition to the Apostolique Sea; no man will bee able to make vse of the Councell in preiudice of the Court, which by vse, and by inter∣pretations,

may bee accommodated to that which will bee for the benefit of the Church. And as there is a Congregation which, with great fruit, doth take care of the Inquisition, so his Holinesse may appoint another for this particular of expounding the Councell, to whom all doubts shall bee re∣ferred from all parts of the world. This being done, hee said hee foresaw that, by the Decrees of the Councell, the authoritie of the apostolike Sea, the rights and prerogatiues of the Church of Rome will not onely not be dimini∣shed, but increased and inlarged much, in case they know how to make vse of these meanes. Those that heard him were mooued by these reasons; and the Pope saw it was necessarie to come to the absolute confirmation, with∣out any modification; and being perswaded that it would fall out as the Bi∣shop * 1.142 had said, he was peremptorie not to hearken to any thing that could be spoken against it, but, full of hope to collect much fruit by the paines taken for finishing the Councell, hee resolued to confirme it, to reserue the inter∣pretation to himselfe, and to institute a Congregation, as the Bishop had coun∣selled: and, hauing imparted this to the Cardinals apart, hee determined to effect it.

Therefore the sixe and twentieth of Ianuary, Morone and Simoneta hauing related in Consistorie the tenor of the Decree, made in the last Session, that the confirmation should be desired by them, they demanded that his Ho∣linesse would vouchsafe to confirme all that which hath beene decreed, and defined in that Councell, vnder Paul, Iulius, and his Holinesse. The Pope, first causing the Decree to bee read, asked the opinions of all the Cardinals. They were all for the confirmation vniformely; except the Cardinals, Saint Clement, and Alexandrinus; who said that too much authoritie had been giuen to Bishops in that Councell, and that it was necessary to moderate it, and then to make an exception of those points that did inlarge it too much, which were noted already. In the end, the Pope concluded, that it was good to confirme all without exception, and so hee did in words, in the consistorie, confirming them, and commanding that they should be receiued; and inuio∣lably obserued by all the faithfull; and the same day he published a Bull, sub∣scribed by all the Cardinals; in which, hauing related the causes of calling the Councell, the progresse, the impediments and difficulties which hap∣pened from time to time, and his diligence in fauouring the libertie thereof, graunting them free power ouer the things reserued to the Apostolike Sea, hee thanked God that it was ended with an intire consent. Therefore, being desired, in the name of the Synod, for confirmation, knowing the Decrees to be all Catholike, and profitable for Christians, hee hath confirmed them in Consistory, and doth confirme them by that writing, commanding all Pre∣lats to cause them to bee obserued, and exhorting the Emperour, Kings, Re∣publiques, and Princes, to assist for the obseruation of them also, to fauour the Prelates, not to permit their people, but rather to prohibite them by all meanes to imbrace opinions contrary to the doctrine of that Councell; and, to auoidconfusion, for bad all sorts of persons, as well Clerkes as Laiques, to make any Commentaries, Glosses, Annotations, or any interpretation whatsoeuer vpon them, or to make any kinde of Statute, though vnder pre∣tence of great strength, or better execution of the Decrees, but that, if any

obscure place wanted interpretation or decision, they should haue recourse to the Apostolike Sea, because hee did reserue vnto himselfe power to de∣clare the difficulties or controuersies, as also the Synod had alreadie decreed.

This Consistoriall Act of confirmation, and the Bull, were printed, to∣gether with the decrees; which gaue matter of speech, it appearing by the tenor of them, that the Decrees had not vigor, as constituted by the Coun∣cell, but as confirmed by the Pope. Whereupon it was said, that one had * 1.143 heard the cause, and another had giuen the sentence. Neither could it bee said that the Pope had seene the Decrces before he confirmed them, because it did appeare, by the consistoriall Act, that hee had onely seene the De∣cree for desiring the confirmation. They said also, that the Decrees made vnder Paul and Iulius were read in Trent, and that it was fit they should bee confirmed by those that heard them, rather then by him that did not know them. But others answered, that there was no neede the Pope should then see them, because nothing was done in Trent which was not first resolued by him. In many consistories following the Pope spake for the obseruation of the Decrees of the Councell, saying he would obserue them himselfe, though hee was not bound, and gaue his word that hee would neuer derogate from them but for euident and vrgent causes, and with consent of the Cardinals. He charged Morone, and Simoneta, to bee diligent in aduertising him, if any contrary thing were proposed, or handled in consistorie: which was but a small remedie against the transgressions, because not an hundreth part of the grants made in Rome are dispatched in consistorie. He sent the Bishops to their residence, and resolued to make vse of the Protonotaries, and Referenda∣ries in gouerning the citie of Rome, and the Ecclesiasticall state. But how∣soeuer he was freed from great trouble, by the conclusion of the Councell, yet there were some remainders of it in all kingdomes, which brought new difficulties vpon him.

Aduice came out of Spaine that the King was offended with the ending of * 1.144 the Councell, and determined to call the Bishops and agents for the Clergie of Spaine before him, to set downe in what manner it might bee executed. And the aduice was not false. For not only all that was done in Spaine, for receiuing and executing the Decrees of the Councell that yeere, partly in the Spring, and partly in the Autumne, was by order and resolution taken in the Kings Councell, but the King sent also his Presidents to the Synods, which were held, causing to bee proposed that which pleased him, and was fit for his seruice; to the great distast of the Pope, who was angry the King should take so much vpon him in matters Ecclesiasticall. But hee made no de∣monstration * 1.145 heereof to his Ministers, purposing to make vse of it in another opportunitie, designed by himselfe; which shall bee related in due place.

The President de Ferrieres, hauing, while hee remained in Ʋenice, made obseruations vpon the Decrees of the two last Sessions held after his depar∣ture from Trent, and sent them to the Court, the Cardinall of Loraine, at his * 1.146 returne into France, had many assaults, and reprehensions, for consenting to things preiudiciall to the Kingdome. They said, that, by the words of the first Article of reformation in the last Session, where it is said, that the

Pope hath charge of the vniuersall Church, in Latin, Sollicitudinem Ecclesiae Vniuersae, hee had yeelded the point which himselfe and all the French Bi∣shops had so long contended for, and obtained, that preiudice might not bee done to the opinion of France, of the superioritie of the Councell a∣boue the Pope; that hee might haue remedied this with one little word, by making them say, as S. Paul had done, care of all the Churches, because no man would haue denied that kind of speech which S. Paul did vse; that preiu∣dice was likewise done to the same opinion of the superioritie of the Coun∣cell in the one and twentieth Article of the last session, sauing, in all the Decrees, the authoritie of the Apostolique Sea: and in the last Decree for demanding the Popes confirmation. It was opposed also, that the King, and French Church, hauing contested that the Councell might bee declared to bee new, and not the old continued, the continuation was declared, that it was one Councell with that of Paul and Iulius, in the said one and twen∣tieth Article, and in the Decree for reading the things constituted vnder those Popes; by which all was basely yeelded which had beene two yeeres maintained by the King. They sayd moreouer, that the approbation of the things done vnder Iulius was dishonourable, and preiudiciall to the pro∣testation then made by King Henry the second. But they reprehended a∣boue all, that honourable mention hauing beene alwayes made vnder Paul and Iulius, of King Francis the first, and King Henry the second, together with Charles the fifth, the Cardinall had not caused a memorie to bee made of them in the acclamations, when it was made of Charles, nor the present King to bee named, when the liuing Emperour was. The Cardinall ex∣cused other things, saying, that, with sixe Prelates, (for hee had no more in his company) hee was not able to resist the consent of more then two hundred. But this last opposition hee knew not how to excuse, though hee sayd it was to preserue the peace of the two Kingdomes. For it was replied that he might haue suffered others to make the in••onation, and not to haue been the authour himselfe of that preiudice. And so it is seene, that vaine men often times, thinking to gaine reputation by retaile, doe lose it in grosse.

But the Counsellers of the Parliament found many other things to op∣pose * 1.147 against the Articles of Reformation, published in those two Sessions, where the Ecclesiasticall authority they said was inlarged beyond its bounds, with the wrong and diminution of the temporall, by giuing power to Bi∣shops to proceede to pecuniary mulcts, and imprisonment, against the Lai∣tie; whereas no authority was giuen by CHRIST to his Ministers, but meere and pure Spirituall; that when the Clerg••e was made a member and part of the policie, the Princes did, by fauour, allow the Bishops to pu∣nish inferiour Clergie-men with temporall punishments, that discipline might bee obserued amongst them, but to vse such kinde of punishments against the Laiques, they had neither from the Law of God nor of man, but by vsurpation onely; that, in the matter of Duell, they pretend to proceede against the Emperour, Kings and other Sou••reignes, who graunt it in their Kingdomes, euen by excommunication, whereas their opinion was that to permit Duell, in some cases, was not amiffe, as the permitting of

fornication, and other offences, howbeit they are sinnes, was not ill, in re∣gard of publique vtilitie, and to auoyd greater inconueniences. They said, that this power beeing naturall, and giuen to the Princes by God, could not bee taken away, or restrained by any power of man. They thought it also intolerable, to excommunicate Kings and Princes, holding it for a sure ma∣xime in France, that the King cannot bee excommunicated, nor his officers, for execution of their offices. They added, that to depriue Princes of their States, Lords of their Fees, and to confiscate the goods of priuate men, were all vsurpations of the temporall authoritie, because that which was giuen by CHRIST to the Church, doeth not extend it selfe to things of this nature.

Concerning Patronages, they said great wrong was done to the Seculars, in disabling their proofes, and that the whole Article was grounded vpon a false maxime, that all benefices are free, if the Patronage bee not prooued. For Churches haue no temporall goods but granted by the seculars, who can not bee presumed to grant them so, as that they may bee managed and dissi∣pated at the pleasure of the Ecclesiastiques: by which meanes it ought to bee presupposed, that euery benefice had a Patrone, from the beginning of it, except an absolute donation, with a totall cession of the patronage, can be shewed. And as the Common-wealth or Prince doth succeed him that hath no heire, so all benefices, the Patronage of which doeth not belong to any, ought to bee vnder the publique patronage. Some mocked that forme of speech, that benefices which had Patrons were in seruitude and the others free, as if it were not plaine seruitude to bee vnder the disposition of the Court of Rome, which doth manage them contrary to the institution, and foundation, whereas the seculars doe preserue them. Besides the censure of some decrees for this cause, they added, that others were against the cu∣stomes and immunities of the French Church; as the reseruation of great criminall causes against Bishops to the cognition of the Pope alone, taking away the power of Prouinciall and Nationall Councels, which haue alwaies adiudged them in all cases, and burthening the Bishops, by forcing them to litigate out of the Kingdome, contrary not onely to the custome of France, but to the Canons of ancient Councels also, which haue determined that such causes should bee iudged, and ended in their proper Countries. They saide it was against iustice, and the vse of France that benefices should bee clogged with Pensions and Reseruations of Fruits, as was obliquely determi∣ned. Likewise, that it was not tolerable, that causes of the first instance should be taken out of the Kingdome by the Pope, because it taketh away a very ancient vse, confirmed by many constitutions of Kings. Neither could it bee iustified by the exception, of vrgent or reasonable cause, experi∣ence of all times hauing shewed, that all causes may bee taken out of the Kingdome by this pretence. For hee that would dispute whether the cause were vrgent or reasonable, doeth enter into a double charge and difficulty, because not onely the principall cause, but that Article also must be discussed in Rome. They did, by no meanes, approoue that the possessing of immoue∣ables should bee granted to begging Friars; and sayd, that they hauing been receiued into France with that institution, it was iust that they should bee

maintained in the same state; that this was a perperuail Artifice of the Court of Rome, to take goods out of the hands of seculars, and to draw them into the Clergie, and afterwards to Rome; that the Munkes did first gaine credit, by pretence of the vow of pouerty, as if they aimed at no temporall thing but did all in charity, for the good of the people; afterwards, hauing gained reputation, the Court do the dispence with them for their vow, by which meanes the Monasteries being made rich, are giuen in Commenda, and finally all commeth to the Court. To this they added an exhortation in the twelfth article, made to all the faithfull, to giue largely to Bishops, and Priests; which had beene good, in case they did serue the people as they ought, and were in need. For so Paul doth exhort, that hee that is instructed in matters of faith, should giue some part of his goods to him that doth in∣struct him. But when hee that beareth the name of a Pastor, doth intend rather any other thing then to instruct the people, the exhortation is not fit; and the rather, because Ecclesiasticall goods formerly were for maintaining the poore, and redeeming slaues; for which cause not the immoueables on∣ly, but euen the very ornaments of the Church, and holy vessels were sold. But in these last times it is prohibited to doe it, without the Pope; which hath enriched ••he Clergie exceeding much. In the Mosaicall law, God gaue the tenth to the Leuites who were the thirteenth part of the people, prohibi∣ting that any more should be giuen vnto them; but the Clergie now, which is not the fiftieth part, hath gotten already, not a tenth onely, but a fourth part, and doth still proceed and gaine, vsing also many Artifices therein. They said that Moses, hauing inuited the people to offer for the fabrique of the Tabernacle, when as much was offered as did fuffice, did forbid them, in the name of God, to offer any more; but here no end will bee found, vntill they haue gotten all, if men will continue in the lethargie. If some Priests, and religious persons bee poore, it is because others are excessiuely rich; and an equall diuision would make them all rich abundantly. But to omit these so euident considerations, if they did exhort the people, to assist the poore Bishops and Priests in their necessities, it would bee tolerable; but to say they should bee assisted to maintaine their dignitie, which is their pride and luxurie, doth signifie nothing but that they are quite without shame. It is true that, in exchange, another Decree was made in the eighteenth Ar∣ticle, infauour of the people, that dispensations should be giuen gra••is; which beeing commanded by CHRIST, and not obserued, there was no hope that this Decree would doe any more good.

These things being obiected to the Cardinall of Loraine, that hee had au∣thorized them, against the expresse commandement of the King, in his letters of the twentie eighth of August before mentioned hee defended himselfe in one word onely, that in the Congregation of the tenth of Nouember, the * 1.148 Decrees being read, to bee published in the Session, the next day, the rights and authority of the French King, and priuiledges of the Gallican Church were reserued. Whereunto Monsieure le Feure replied, that himselfe and his colleague hauing vsed all diligence to haue a copie of that Decrce, they could neuer obtaine it, and that, in humane affaires, not to appeare was as much as not to bee. Besides, this did not serue to excuse the things publi∣shed

in the last Session. But that which was saide concerning the Synode in the Councels of the King and Parlament, was nothing to that which the Bishops and Diuines, and their seruants also, according to the French liber∣tie, did relate to euery one, vpon all occasions, making iests at the discords, and contentions betweene the Fathers, at the practises and interests with which the matters of reformation were handled. And those who were most familiar with the Cardinall of Loraine, spake most of all. And * 1.149 it passed in France, in manner of a Prouerbe, that the moderne Coun∣cell had more authoritie then that of the Apostles, because their owne pleasure onely was a sufficient ground for the Decrees, without admitting the holy Ghost.

But, in Germany, the Decrees of reformation were not thought conside∣rable, neither by the Protestants, nor by the Catholiques. The Protestants did examine the matter of faith onely. They said, that to haue spoken one word incidently in handling the Masse, that it doth assist the dead, which * 1.150 also may receiue diuers sences, and, in the decree of Purgatorie, to alleadge it as a definition of the Article, was a thing not to be vsed in Councels, especi∣ally in this, where the matters were minced, and an Article of faith made of euery question, which could be mooued in any matter. And to commend Bishops to teach the sound doctrine of Purgatorie, without declaring what it is, did shew that the Fathers had great hast to depart from Trent. But in the matter of Saints the hast was greater, condemning, in one breath, and in one period eleuen Articles, not declaring what condemnation it was, or whether they were condemned of heresie, or for any other cause, and, after a long dis∣course of Images, anathematising those that speake against the Decrees, without letting them know which it doth comprehend vnder the Anathema, whether the immediatly precedent concerning Images, or all the others a∣boue written. But of Iudulgences they spake more then all the rest; that these gaue occasion of the present diuision amongst Christians; that the Councell was principally assembled for these; that, in that matter, there is no part which is not controuersed, and vncertaine, euen amongst the Schoolemen themselues; and yet the Synod hath passed them ouer, without cleering any doubt, or deciding any controuersie. And concerning the remedy of abu∣ses, they spake in such ambiguous termes, that it could not bee vnderstood what they did approue or disapproue; saying, they did desire a moderation, according to the old custome approued in the Church. For it is certaine, and cannot bee concealed, that, in no Christian Nation of the Easterne Church, either in ancient or moderne times, there neuer was any vse of In∣dulgences, of any kind whatsoeuer. And in the west, if by ancient custome, they meane that which was obserued before Vrban the second, in the yeere 1095. no proofe can bee brought of the vse of Indulgences. If from that time vntill the yeare 1300. It will appeare, that the vse of them hath beene very sparing, and onely to free men from punishments imposed by the Con∣fessor. Afterwards, from the Councell of Vienna the abuses began, which did increase very much, vntill the time of Leo the tenth, so that the Councel de∣siring the restitution of the old custome, approued in the Church, it was necessary to declare in what Church, and in what time. But those words, that

the Eclesiasticall discipline is weakened by too much facilitie in graunting Indulgences, are a plaine confession, that they belong not to the conscience, not doe free men from any thing in the fight of God, but touch the externall onely, that is, the Ecclesiasticall discipline. For the difference of meates and fasts, they, said, that to command them was good, but that was not decided of which the world complained, that is, that they did binde the conscience. Therefore the Princes of Germany held none esteeme of this Councell. One∣ly some few ministers of the Augustan confession published a protestation, of which but little account was made. The Catholikes did not thinke of the doctrine of Purgatorie, and of Indulgences, desiring onely to obtaine the Communion of the Cup, mariage of Priests, and relaxation in the multitude of precepts De iure positiuo, concerning fasts, feasts, and such other things.

For whose satisfaction the Emperour, and Duke of Bauaria made in∣stance * 1.151 to the Pope. The Emperour wrote letters to him, dated the foure∣teenth of February; saying, that, during the Councell, hee had laboured to obtaine the grant of the Cup, not for any priuate interest, or scruple of con∣science which hee had, but because hee did beleeue, and doeth still, that the graunt is necessary, to bring backe to the Church those that wander; that he did then tolerate the impediments interposed, to treat there of with the prin∣cipall Prelates, and Princes of the Empire, with whom hauing conferred whether it were expedient to renew the same request, they thought fit hee should moue his Holinesse therein. Therefore, calling to mind what the Cardinals Morone and Loraine had caused to bee told him, which was confir∣med also by the Bishop of Liesina his Nuncio, hee would no longer deferre to demand the grace of him, without repeating any more the weighty causes that did constraine him, desiring him to assist the Germane Nation, to which all wise Catholikes doe thinke that the graunt will bee very beneficiall; ad∣ding, that to preserue the remainder of Religion in Germanie, and extirpate heresies, it will be of great moment to graunt, that Priests, who are separated because they are married, may bee reconciled, and retaine their wiues, and that hereafter where there is not a sufficient number of Priests, married men of good life and fame may be admitted to the Priesthood. For this he pray∣ed him in his owne name, and in the name of the Duke of Bauaria, his sonne in law, assuring him that he should doe a thing worthy of his piety, and most acceptable.

The letters of the Duke of Bauaria did containe; that, hauing sent often * 1.152 to his Holinesse, to shew the miserable State of Germanie in matters of Reli∣gion, he did hope hee should not long desire the medicine; which seeing it was not applied vntill then, he, together with the Emperour, and Ecclesiasti∣call Electors, did pray him to grant power to the Arch bishop of Salzburg to giue leaue to Catholike Priests to administer the Cup to those who haue con∣fessed, and are penitent, and do beleeue the other Articles of Religion: which grant would giue satisfaction to his Subiects, who remaine in his State, & to those also who goe forth of his Dominions to seeke those who will minister it vnto them; that himselfe will alwayes be content with one kinde, nor will force any to vse the Cup, who, as himselfe, will be content with the bread onely; that for these hee demandeth nothing, but that it seemeth to him not

inconuenient for the Vicar of CHRIST to haue pitie vpon the others also. Likewise he prayed his Holinesse that hee would grant, for some time at the least, that married Priests may bee reconciled to the Church, keeping their wiues, and married men ordained also.

To these Letters was added a Remonstrance, or consideration, compo∣sed by the Diuines of Germanie; in which it was said: That it was plaine, that the Scripture of the New and Old Testament doeth permit Priests to * 1.153 haue wiues, because the Apostles, some few excepted, were married; neither is it found that CHRIST, after their vocation, did separate their wiues from them. That in the Primitiue Church, as well Orientall, as Occidentall, the marriages of Priests were free, vntill the time of Calistus the Pope; that the ciuill Lawes did not condemne the marriage of Clerkes; that it is certaine, that single life is better in the Clergie, and more to be desired, but that, in re∣spect of the fragilitie of nature, and difficulty to bee continent, there are but few who doe not feele the prickes of the flesh. Therefore Eusebius relateth, that Dionysius did admonish Quintus the Bishop, that hee should consider of the weakenesse of the maior part, and not lay the burthen of single life vpon the brethren. And Paphnutius, in the Councell of Nice, saying, that the vse of ones owne wife was chastitie, perswaded the Councell not to impose the law of single life. And the Synod of Constantinople did not for bid the vse of wiues, but in the time when they were to offer sacrifice. That if euer there were cause to permit matrimony vnto Clerkes, it was in that age. That a∣mongst fiftie Catholike Priests, hardly one can bee found that is not a noto∣rious fornicator. That not the Priests onely desire matrimonie, but the Se∣culars also, that they may not 〈◊〉〈◊〉 such beastly behauiour, and the Patrons of Churches will not giue the benefices but to married men. That there is great want of Ministers onely for the prohibition of Matrimonie. That the Church hath formerly remitted the seueritie of the Canons for this cause a∣lone. That the Pope did confirme a Bishop in Saragosa, who had a wife and children, and a Deacon, who had been twice married, and committed the Sacrament of Confirmation to simple Priests, in defect of a Bishop. There∣fore many Catholiques did then, and doe now thinke better to dispence with the law of continencie, then, by retaining it, to open a gate to vncleane sin∣gle life, leauing marriage free for all; and the rather, because Cardinall Pa∣normitan doeth hold, that it would bee good for the saluation of soules to grant Matrimonie; and that there are examples of the old Church, and in the Anciran Councell, of Adam, and Eupsychius Cesariensis, Priests. That it is certaine, that the Pope may dispence with Secular Priests; which some also extend vnto Regulars. That it seemeth a great absurditie not to admit mar∣ried Clerkes, and to tolerate fornicators and to remooue both would bee as much as to remaine without Ministers, and that if they ought to be bound to the vow of chastitie, none should be ordained but old men. That it is not a good reason to retaine single life with the teeth, to preserue Ecclesiasticall goods, it not being iust, in respect of temporall things to make shipwracke of soules. Besides, prouision might bee made herein, by some other meanes; which being done, concubinate would be banished out of the Church, and the scandall which offendeth many taken away.

The Pope, considering these remonstrances, was of opinion to call to Rome pious and learned men, of all Nations, to handle this point with ma∣turity, and spake of it to the Ambassadours residing with him. But Cardi∣nall Simoneta did disswade, saying, it would bee a kinde of Councell, and that if men should come out of France, Spaine, Germanie, and elsewhere, they would bring intelligences and instructions of Princes, and would be gouer∣ned and speake according to their interests, and that, when his Holinesse would be quit of them, he could not doe it at his pleasure; that, if he did not follow their opinion, it would distaste the Princes; that he should remember what troubles the Councel put him to, and not fall into the like dangers. The Pope thought the counsell was sincere, and profitable, and therefore, think∣ing no more of strangers, he deputed nineteene Cardinals, giuing them order to examine diligently the writing that came out of Germany.

The twelfth of March the Pope made a promotion of nineteene Cardi∣nals, * 1.154 for reward of the great seruice they did him in Councell, in which hee resolued not to comprehend any of those who held the Residence, and In∣stitution of Bishops, to bee de iure diuino, howsoeuer their qualities might o∣therwise deserue the degree; and did not forbeare to discouer so much to all sorts of persons, vpon euery occasion. He created Marcus Antonius Colonna, Archbishop of Taranto. Aluise Pisano, Bishop of Padua. Marcus Antonius Bobo, Bishop of Aosta. Hugo Buon Compagno, Bishop of Bestice. Alexander Sforza, Bishop of Parma. Simon Pasqua, Bishop of Serzana. Carlo Visconte, Bishop of Vintimiglia. Franciscus Abondius, Bishop of Bobio. Guido Ferrier, Bishop of Vercelli. Iohannes Franciscus Commendone, Bishop of Zante. Gahriel Paleotto, Auditor of the Rota: all which had laboured faithfully in Councell for the seruice of his Holinesse. To these hee added Zacharias Delphinus, Bi∣shop of Liesina, who, beeing resident with the Emperour, tooke no lesse paines for concluding the Councell then the others had done in Trent.

Notes

• * 1.1

  A question about the au∣thority of the Legats.
• * 1.2

  The Count of Luna is re∣ceiued in Congregati∣on.
• * 1.3

  His protesta∣tion about place.
• * 1.4

  The Oration made in his name.
• * 1.5

  The answere.
• * 1.6

  The French-men in Rome complaine of the Cardinall of Loraine.
• * 1.7

  The state of religion in Piemont.
• * 1.8

  The Cardi∣nals of Lor∣aine and Fer∣rara meet in Ostia.
• * 1.9

  And their cō∣ference was to no purpose
• * 1.10

  Loraine doth remit his ri∣gor.
• * 1.11

  The Queene mother wri∣teth to the Pope and the Cardinall of Loraine.
• * 1.12

  Ecclesiasticall goods are ali∣ened in France without the Popes leaue.
• * 1.13

  Which ma∣keth the Pope angry.
• * 1.14

  Agreat diffe∣rence in Rome about prece∣dence be∣tweene the French and Spanish Am∣bassadours
• * 1.15

  The Protesta∣tion of the Spanish Am∣bassador.
• * 1.16

  〈◊〉〈◊〉 〈◊〉〈◊〉 〈◊〉〈◊〉 Trent.
• * 1.17

  Is receiued in congregation.
• * 1.18

  And maketh an oration.
• * 1.19

  A tumult in Bauaria for the Cup, and mariage of Priests.
• * 1.20

  The Bishopof Nimes spea∣keth against Annates.
• * 1.21

  The Bishop of Guadice spea∣keth against titular Bi∣shops.
• * 1.22

  Who are de∣fended by the Bishop of Sarzana.
• * 1.23

  Of Dispensa∣tions.
• * 1.24

  The answere to Birague.
• * 1.25

  A contestati∣on betweene the Arcbi∣shop of O∣tranto, and the Cardinal of Loraine.
• * 1.26

  The Archbi∣shop of O∣tranto had 40 voices at his command.
• * 1.27

  Birague par∣teth from Trent with∣out his an∣swere.
• * 1.28

  His negotiati∣on with the Emperour.
• * 1.29

  The Spanish Ambassadour maketh in∣stance that the Decree, Pro∣ponentibus Le∣gatis, may be abrogated.
• * 1.30

  The suffrage of Laynez.
• * 1.31

  Fauours done vnto him.
• * 1.32

  His excuse.
• * 1.33

  Giueth distast to the French-men.
• * 1.34

  The Decrees of the Institu∣tion, and of Residence.
• * 1.35

  A difficultie whether the King of the Romanes ought to pro∣mise obedi∣ence to the Pope.
• * 1.36

  Morone is thought to take too much vpon 〈◊〉〈◊〉 by the o∣ther Legates.
• * 1.37

  The refor∣mation of Cardinals.
• * 1.38

  Did quickely vanish.
• * 1.39

  The Empe∣ror parteth from Isorut.
• * 1.40

  And dehor∣teth the Councell frō proceeding a∣gainst the Q. of England.
• * 1.41

  A difference about prece∣dence.
• * 1.42

  The Prench∣men make a question whether the Pope were lawfully e∣lected.
• * 1.43

  The protesta∣tion.
• * 1.44

  How the dif∣ficulties in the points for the next Sessi∣on were re∣mooued.
• * 1.45

  The functions of the inferi∣our Orders.
• * 1.46

  The Spanish Prelats are constant in their opinion cōcerning the Institution of Bishops.
• * 1.47

  The Session.
• * 1.48

  The preacher ostendeth ma∣ny Ambassa∣dours.
• * 1.49

  The Decree of faith.
• * 1.50

  The Anathe∣matismes.
• * 1.51

  The Decree of Reforma∣tion.
• * 1.52

  The censure of the actes of this Session.
• * 1.53

  Vergerius ma∣keth obiecti∣ons against the Councel.
• * 1.54

  The Spanish Prelats com∣plaine of the Cardinall of Loraine.
• * 1.55

  The reforma∣tion of Prin∣ces.
• * 1.56

  The Card. of Loraine resol∣ueth to goe to Rome.
• * 1.57

  The Am∣bassador of Florence is re∣ceiued in con∣gregation.
• * 1.58

  Two new Articles con∣cerning mar∣ried Priests and secret mariages.
• * 1.59

  Whether one may be forbid or forced to marry.
• * 1.60

  A difficulty a∣bout censu∣ring the Archbishop of Toledo.
• * 1.61

  38. Articles of Reforma∣tion.
• * 1.62

  The Card of Loraine ex∣cuseth the change of his minde.
• * 1.63

  The Imperia∣lists adde 8. Articles more.
• * 1.64

  The articles exhibited by the French-men.
• * 1.65

  The Veneti∣an Ambassa∣dours doe ex∣hibite a petiti∣on cōcerning diuorces in the Greeke Church.
• * 1.66

  A vaine feare of the plague in Trent.
• * 1.67

  A stirre about the Inquisiti∣on in Milan.
• * 1.68

  The Pope la∣bo••••eth to finish the Councell.
• * 1.69

  And so doe the Legats.
• * 1.70

  The Spanish Ambassadour is displeased with the pri∣u••te congre∣gations.
• * 1.71

  The Refor∣mation of Princes, and some Articles of the other Reformation are differed.
• * 1.72

  The Refor∣mation of the Regulars.
• * 1.73

  The Ambas∣sadour of the Knights of Malta is re∣ceiued.
• * 1.74

  His Oration.
• * 1.75

  In the p〈…〉〈…〉 mo〈…〉〈…〉 Pr〈…〉〈…〉 ther 〈◊〉〈◊〉 〈◊〉〈◊〉 worthy 〈◊〉〈◊〉 to be prefer∣red.
• * 1.76

  The French King writeth to Trent, con∣cerning the Reformation of Princes.
• * 1.77

  A combinati∣on of an hun∣dred Prelates concerning the Reforma∣tion of Prin∣ces.
• * 1.78

  The Popes confidence is onely in the Cardinal of Loraine.
• * 1.79

  The Pope is resolued by all meanes to be freed from the Councel.
• * 1.80

  The Cardi∣nal of Lo∣raine goeth to Rome.
• * 1.81

  The Cardinal Chastillion mocketh the Pope.
• * 1.82

  And is depri∣ued by him.
• * 1.83

  How the car∣dinall of Lo∣raine was treated in Rome
• * 1.84

  The Articles of the Refor∣mation of Princes.
• * 1.85

  Are distast∣full to the Emperour.
• * 1.86

  The speach of de Ferrieres.
• * 1.87

  Is censured.
• * 1.88

  And answe∣red.
• * 1.89

  Which cau∣seth him to make an A∣pologie.
• * 1.90

  The gouern∣mēt of France is taxed by the Fathers.
• * 1.91

  The abroga∣tion of propo∣nentibus Le∣gatis is pro∣moted againe.
• * 1.92

  The Empe∣rors sicknesse troubleth the Fathers.
• * 1.93

  The French Ambassadors goe to Venice.
• * 1.94

  The procee∣ding against fiue Bishops of France, and of the Queen of Nauarre.
• * 1.95

  The Card of Loraine retur∣neth to Trent and hasteneth, the end of the Councell.
• * 1.96

  He maketh an Oration in 〈◊〉〈◊〉 of the Pope
• * 1.97

  The state of the Councel is quite altered.
• * 1.98

  The Session.
• * 1.99

  Varietie of o∣pinions about clandestine mariages.
• * 1.100

  The Decrees of reformati∣on.
• * 1.101

  The Decrees of Reforma∣tion.
• * 1.102

  The censure of the De∣crees.
• * 1.103

  The Alienati∣on of Ecclesi∣asticall reue∣nues in France.
• * 1.104

  The French King taketh part with the Queene of Nauarre.
• * 1.105

  And with the Bishops.
• * 1.106

  The Card, of Loraine pub∣lisheth y^e des∣seigne to fi∣nish y^e Coun∣cell.
• * 1.107

  A difficulty about subie∣cting the Chapters in Spaine to the Bishops.
• * 1.108

  The Popes confirmation is demanded.
• * 1.109

  De Ferrieres refuseth to returne to Trent.
• * 1.110

  The manner of the Decree concerning Purgatory.
• * 1.111

  Opinions a∣bout the ado∣ration of Images.
• * 1.112

  The Iesuites proteste to line with beg∣ging, but will not be bound vnto it.
• * 1.113

  Laymez ma∣keth vse of the negligence of the Fathers in Trent.
• * 1.114

  The Councel dareth not handle the matter of In∣dulgences exactly.
• * 1.115

  The Index, Catechisme, &c.
• * 1.116

  The Popes sicknesse.
• * 1.117

  Causeth the end of the Councell to be hastened.
• * 1.118

  Notwithstā∣ding the op∣position made by the Count o•• Luna.
• * 1.119

  A dispute whether the Decrees made vnder Paul & Iulius should be read.
• * 1.120

  The Session is anticipa∣ted.
• * 1.121

  And held the 3. December.
• * 1.122

  The Sermon.
• * 1.123

  The Decrees.
• * 1.124

  Of Purga∣tory.
• * 1.125

  Of Saints.
• * 1.126

  Of Images.
• * 1.127

  The Decrees of Reforma∣tion of Regu∣lars.
• * 1.128

  The Pene∣tenti or Con∣uertite are Nunnes who haue beene Courtis••us.
• * 1.129

  The generall reformation.
• * 1.130

  The reforma∣tion of Prin∣ces.
• * 1.131

  A Decree concerning the Aposto∣like Sea neuer mentioned before.
• * 1.132

  The Decrees of Indulgen∣ces, finishing the Councell, and of de∣manding the Popes Con∣firmation, &c.
• * 1.133

  The Decrees of the two former con∣uocations are recited.
• * 1.134

  The Councel is ended. And a plena∣ry Indulgence is giuen.
• * 1.135

  The custome of Acclama∣tions is imita∣ted in Trent.
• * 1.136

  Wherein the Card. of Lo∣raine was chiefe.
• * 1.137

  An excom∣munication of heretiques in generall onely.
• * 1.138

  The number of those that suscribed.
• * 1.139

  The ambassa∣dors did not subscribe, for two causes.
• * 1.140

  〈◊〉〈◊〉 Popes 〈…〉〈…〉e made 〈◊〉〈◊〉 confu∣〈…〉〈…〉 the 〈◊〉〈◊〉.
• * 1.141

  A dispute in Rome about 〈…〉〈…〉confirma∣tion of the 〈◊〉〈◊〉.
• * 1.142

  All glosses or interpretatiōs are forbid to be made vpon the Decrees of the Councell.
• * 1.143

  The Decrees of the Coun¦cel haue pow∣er from the Popes confir∣mation.
• * 1.144

  And are exe∣cuted in Spaine by the Kings authority onely.
• * 1.145

  Which ma∣keth the Pope angry.
• * 1.146

  The Card, of Lorain is tax∣e•• in France at his returne.
• * 1.147

  The censure of the Parlia∣ment of Paris vpon the last Session.
• * 1.148

  The defence of the Card, of Loraine.
• * 1.149

  The censure made by the French BB. of the Councell, after their re∣turne into France. A Prouer be made in France con∣cerning the Councell.
• * 1.150

  The censure of the Coun∣cell in Ger∣manie.
• * 1.151

  The Empe∣ror writeth to the Pope a∣bout the com∣munion of the Cup.
• * 1.152

  And so doth the Duke of Bauaria.
• * 1.153

  A Remon∣strance con∣cerning the same Grant.
• * 1.154

  A promotio•• of 19. Cardi∣nals.