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G.
L.
W.T.
Edw:
Forrest
Will
:
W●b
ad
fin
Remarques
sur
la
responce
au
mystere
d'
iniquité
.
du
Ranchin
William
Ranchin
Nau●leru●
Volum
The
place
of
the
Councell
is
all
in
all
;
I
will
not
have
it
in
a
place
where
the
Emperour
hath
the
upper
hand
:
Lutherans
,
Huguenots
Henries
,
Frederickes
,
Ludovicus
Bavarus
,
Vid
le
recueil
de●
li●ert●s
de
l'
E●li●e
Galli●ane
.
Philip
Augustus
Lewes
,
Philip
Faire
,
Charles
Vid
le●
remons●●an●es
●a●tes
a●
Roy
Loys
pa●
la
Cour
de
Pa●lement●
sur
les
p●ivil●ges
de
l'Eglise
G●llicane
,
l'an
.
et
les
memoires
d●
M
Iean
du
Tillet
.
Et
appendicem
ad
Martinum
Po●onum
,
sub
anno
E●
l'advis
de
M.
Iean
du
Tillet
sur
les
libertes
de
l'Eglise
Gallicane
.
Platina
in
Bonifacio
Martinus
Polonus
sub
anno
Iean
Bouchet
en
la
partie
des
Annales
d'
Aquitain
Nicolas
Giles
en
ses
Annales
de
France
en
la
vie
de
Philippe
le
Bel.
Chroniques
de
Bretagne
l
Vid
libellum
de
statu
Ecclesi●e
Gallicana
in
schismate
.
&
Papon
l.
Amende
honoraire
honourable
Amends
That
it
is
lawfull
for
Christian
Princes
to
defend
themselves
against
such
Popes
as
stirre
up
unjust
warres
against
them
,
and
to
substract
their
obedience
from
them
.
Vi●
les
remonstrances
faites
au
Roy
Loys
pa●
la
Cour
de
Parlement
de
Paris
sur
les
privileges
de
l'Eglise
Gallicane
l'an
&
Gaguinum
in
Ludovico
Hugh
Capet
Concilium
Rhemense
Rome
.
Gerbert
which
wee
say
belongs
onely
to
God
;
the
Apostle
tells
us
.
If
any
preach
unto
you
any
other
things
than
those
ye
have
received
,
though
it
be
an
Angell
from
heaven
,
let
him
be
accursed
.
Must
all
Bishops
burne
incense
to
because
Pope
did
so
?
I
dare
boldly
say
,
if
the
Bishop
of
have
offended
one
of
his
brethren●
and
will
not
heare
the
admonitions
of
the
Church
,
he
ought
to
be
accounted
as
a
Heathen
and
a
Publican
.
Ivo
epist.
Annales
in●ert●●ut●or●●
in
col●loctione
Pi●hoei
,
sub
anno
&
Aventinus
l.
hist.
Bo●o●um
The
sentence
of
deposition
,
which
we
have
denounced
against
the
foresaid
and
the
other
chapters
made
by
us
and
the
holy
Councell
,
shall
be
here
inserted
.
We
doe
not
receive
that
corrupt
sentence
,
which
is
far
from
any
zeale
of
equitie
,
injust
,
unreasonable
,
and
against
the
Canon
law
.
But
,
together
with
the
whole
assembly
of
our
brethren
,
we
disregard
and
reject
it
,
as
a
matter
unconscionable
and
full
of
wickednesse
,
pronounced
in
vaine
.
Nor
will
we
communicate
with
thee
,
who
art
a
favourer
of
such
as
are
anathematized
and
cast
out
,
despisers
of
holy
Church
,
and
dost
indeed
hold
communion
with
them
.
But
we
content
our selves
with
communion
with
the
whole
Church
,
and
that
fraternall
society
which
thou
proudly
misprizest
,
in
exalting
thy selfe
above
it
,
and
excludest
thy selfe
from
it
,
making
thy selfe
unworthy
of
it
by
an
over-haughty
advancing
thy selfe
:
So
that
out
of
an
inconsiderate
lightnesse
thou
art
strucke
with
an
anathema
by
thine
owne
sentence
;
in
as
much
as
thou
writest
,
Cursed
be
he
that
doth
not
keep●
the
Apostolicall
commandments
;
which
,
it
is
well
knowne
,
thou
both
heretofore
many
wayes
hast
,
and
at
this
present
doest
violate
,
trampling
under
foot
both
the
lawes
of
God
and
the
holy
Canons
of
the
Church
at
once
,
making
them
of
no
effect
nor
use
in
as
much
as
thou
canst
;
never
treading
neere
the
footsteps
of
thy
predecessors
the
Bishops
of
We
therefore
having
experience
of
thy
craft
and
subtilty
,
observe
withall
thy
indignation
and
high
swolne
ambition
,
and
wee
doe
not
yeeld
an
inch
to
thee
nor
to
thy
pride
,
whereby
thou
hastenest
to
bring
us
under
hatches
,
prosecuting
herein
the
desires
of
our
enemies
,
but
thy
favourites
.
Nay
thou
shalt
know
,
we
are
none
of
thy
Clerkes
,
(
as
thou
doest
boast
and
bragge
)
but
that
thou
shouldest
acknowledge
us
for
thy
brethren
and
fellow-bishops
,
if
thy
arrogancy
would
permit
thee
so
to
doe
.
H.
Mu●●●●
l.
Chron●corum
pag.
The
Pope
called
a
famous
Synod
of
Bishops
,
and
other
Ecclesiasticall
Prelates
at
in
which
Councell
divers
things
to
bee
observed
by
all
Christians
,
concerning
the
Popes
authority
,
were
enacted
and
ordained
.
There
also
was
afterwards
excommunicated
as
an
enemy
and
persecuter
of
the
Church
.
Platina
In
vita
Greg.
Guilielmus
Malmes●u●
.
l.
Idem
Mutiu●
Germanicor●
Chroni●orum
l.
desiring
to
secure
the
fluctuating
and
troubled
estate
of
the
Church
called
a
Councell
at
a
City
in
where
he
assembled
all
the
Bishops
and
Abbats
which
were
of
his
opinion
,
against
Pope
In
which
Counce●●
they
by
their
decrees
deposed
Pope
in
his
absence
,
from
the
See
apostolique
,
as
a
perturber
of
the
Church
,
and
a
wilde
headed
Monke
(
for
he
was
a
Monke
before
he
was
Pope
)
and
chose
in
his
place
Archbishop
of
In
Greg.
being
rather
incensed
than
admonished
by
these
censures
,
having
assembled
a
company
of
Bishops
ill
affected
like
himselfe
,
he
created
late
Archbishop
o●
Pope
,
and
called
him
In
this
Councell
Matthew
Paris
Matthaeus
Paris
in
Will●lmo
Willelmus
Malmesbur
.
l.
in
Willelmo
Ivo
Carnutensis
epist.
King
of
In
this
Councell
the
Pope
excommunicated
King
and
all
such
as
should
call
him
their
King
or
their
Lord
,
and
which
should
obey
him
,
or
speake
unto
him
.
By
reason
of
this
accusation
King
was
excommunicated
by
Pope
at
the
Councell
of
and
having
resumed
the
same
wife
after
he
was
divorced
from
her
,
he
was
afterwards
excommunicated
at
the
Councell
of
by
the
two
Cardinals
Know
you
therefore
Idem
Ivo
epist.
that
,
contrary
to
the
prohibition
of
your
Legat
,
the
Archbishop
of
hath
set
crowne
upon
the
head
of
the
King
.
Idem
Ivo
epist.
Certaine
Bishops
of
the
Province
of
crowned
the
King
upon
Whitsunday
,
●ontrary
to
the
Edict
of
Pope
of
happy
memory
That
the
King
and
Kingdome
would
relinquish
their
obedienec
to
him
,
unlesse
he
did
restore
the
King
unto
his
crowne
,
and
absolve
him
from
the
sentence
of
excommunication
.
Ivo
epist.
the
Arch-Bishops
of
had
,
by
injunction
from
the
King
,
appointed
their
suffragan
Bishops
to
meet
at
the
first
Sunday
after
All-Saints
day
,
after
he
should
have
returned
his
answer
.
Matthaus
Westmonast
.
l.
in
terminis
,
The
great
Councell
.
Philip
Augustus
The
same
yeere
upon
S.
Martins
day
Matth.
West
.
monast.
lib.
was
there
a
generall
Councell
holden
at
the
third
;
at
which
were
present
,
Primates
,
and
Archbishops
sixty
one
;
Bishops
,
foure
hundred
and
twelve
,
and
eight
hundred
Abbots
and
Priors
.
In
which
Councell
the
said
Pope
did
excommunicate
the
King
of
France
his
eldest
sonne
,
and
all
the
Earles
and
Barons
of
England
,
with
their
complices
,
which
conspired
and
rebelled
against
the
King
of
England
.
Philip
Augustus
The
Kingdome
of
England
never
was
,
nor
is
,
nor
ever
will
be
S.
patrimonie
,
in
as
much
as
no
King
or
Prince
can
give
away
his
Kingdome
without
the
consent
of
his
Barons
,
who
were
bound
to
defend
it
.
And
if
the
Pope
intend
peremptorily
to
stand
in
this
errour
,
urged
thereto
by
a
desire
of
enlarging
his
dominion
,
hee
will
give
a
bad
president
to
all
Kingdomes
.
Whereupon
the
nobles
of
France
,
seconding
the
words
of
their
Prince
,
begun
in
an
instant
to
cry
out
with
one
voice
,
That
they
would
stand
for
that
article
till
death
.
Platina
in
Bonifa●io
Martinus
Polonus
l.
in
Boni●acio
sub
an.
Boniface
the
eighth
having
called
a
generall
Councell
,
subj●cted
the
Faire
and
his
Kingdome
to
the
Emperour
Albert
Platina
in
Bonif.
Thus
dyed
that
Boniface
,
who
studyed
rather
to
strike
a
terrour
then
religion
into
all
Emperours
,
Kings
,
Princes
,
Nations
,
and
people
;
who
laboured
to
give
and
take
away
Kingdomes
,
to
repulse
and
recall
men
at
his
pleasure
;
insatiably
thirsting
after
an
incredible
masse
of
money
,
which
he
had
raked
together
by
hooke
and
crooke
.
Wherefore
let
his
example
be
a
lesson
to
all
governours
,
religious
and
secular
,
not
to
rule
their
Clergie
and
people
proudly
and
disdainfully
,
as
the
man
we
speake
of
did
,
but
piously
and
modestly
.
Benedict
Extravagant
Meruit
.
de
privileg
M●rtinus
Polinus
in
Clemente
●
sub
an
.
the
twenty
second
having
called
a
Councell
at
of
Bishops
and
Cardinals
not
a
f●w
,
passed
the
sentence
of
exc●●munication
upon
the
Emperour
,
and
gave
his
reasons
in
his
B●ll
●gainst
Mutius
in
Germanic
.
Chronic●
l
because
he
had
aided
heretiques
and
schismatiques
,
and
had
ever
been
a
favourer
of
rebells
.
And
besides
he
denounced
the
sentence
of
excommunication
against
all
those
that
did
not
sequester
themselves
from
his
company
,
and
of
deprivation
of
their
benefices
and
dignities
against
such
Priests
as
should
celebrate
divine
service
in
his
presence
.
These
proceedings
of
the
See
of
were
in
those
daies
of
great
efficacy
;
for
it
was
a
crime
inexpiable
to
be
of
another
opinion
then
th●
Pope
of
Rome
:
yet
were
there
some
notwithstanding
who
●ided
with
without
any
regard
of
the
excommunication
Lewes
had
some
Doctors
both
of
the
Civill
and
C●non
Lawe
,
who
were
of
opinion
,
that
the
Popes
sentence
was
null
and
invalid
;
which
opinion
of
the
Doctors
was
a
meanes
why
divers
did
not
abandon
him
.
Nauclerus
Volum
Annalium
Botorum
Vide
etiam
Alber●um
Argentinensem
in
Chronic
Et
Albericum
de
Rosate
in
L
Bene
●
Zenone
C.
de
quadrie●
praescrip.
Albertus
Argent
in
Chron.
Panormit
.
in
tract
de
Concilio
Basiliensi
,
ci●ca
princip
num
By
the
advise
and
consent
of
all
the
Prelats
and
Princes
of
assembled
at
wee
decree
that
the
former
processe
,
be
void
and
of
no
effect
,
and
pronounce
a
nullity
upon
them
all
.
The
King
of
France
did
expresly
forbid
upon
great
penalties
,
that
any
of
his
dominions
should
goe
to
to
celebrate
the
Oecunmenicall
Councell
.
Charles
That
since
such
time
as
it
was
translated
to
the
King
should
reject
the
Councell
of
and
receive
the
Councell
of
with
the
acts
thereof
Bruges
,
That
hee
had
received
the
Councell
of
for
a
Councell
indeed
;
that
he
sent
his
Ambassadours
thither
;
that
many
things
were
there
wisely
determined
concerning
faith
,
and
manners●
and
such
a●
hee
liked
well
of
:
But
for
that
of
hee
never
did
,
nor
never
would
take
it
for
a
Councell
.
Nicholas
de
Clem●ngiis
Vi.
Editionem
Romanorum
Ac●orum
generalis
Eighth
Generall
Councell
Farnasia
.
Wee
cannot
chuse
but
l●nd
you
our
assist●●ce
in
the
impression
of
the
Acts
of
the
eighth
Generall
Councell
held
at
which
you
have
translated
out
of
Greeke
into
Latine
.
Laurence
Surius
Su●ius
in
●pist
.
a●
l●ctorem
pos●●●a●te
Concil
〈◊〉
t●m
.
●on●il
.
p●g.
contr.
gener
.
l.
Some
Decrees
as
they
lye
,
others
with
certaine
formes
and
modifications
V●
.
●ragmatic
Sanc●ion●m
in
pro●●m
.
The
King
protesteth
as
a
most
Christian
Prince
treading
in
the
foot-steps
of
his
predecessors
,
Iohn
Daillier
,
anno
that
he
is
very
ready
to
give
eare
to
the
Church
rightly
and
lawfully
called
together
.
But
for
as
much
as
many
honest
and
grave
personages
make
a
question
,
whether
the
suspension
,
deprivation
,
and
●lection
which
ensued
thereupon
at
were
rightly
and
Canonically
performed
or
no●
and
seeing
it
is
doubtfull
whether
that
assembly
did
sufficiently
represent
the
Church
Catholique
,
then
when
the
matters
were
acted
&
agitated
,
so
as
they
might
proceed
to
points
of
such
great
consequence
and
difficulty
,
therefore
the
King
doth
persevere
and
continue
in
his
obedience
to
wherein
he
is
at
this
present
.
appeareth
the
errour
of
some
Guilielm
.
Benedictus
in
repe●it
.
cap.
Raynutius
in
verb.
Et
uxor
.
nom
.
Adelas
.
num.
who
hold
that
the
French
Church
assembled
at
in
the
time
of
the
seventh
King
of
could
not●
as
she
did
,
reject
any
Canons
of
the
Councell
of
for
shee
might
both
reject
,
and
not
accept
them
,
and
qualifie
those
shee
received
by
adding
to
,
or
detracting
from
them
,
and
so
put
them
in
forme
and
fashion
:
not
upon
misdoubting
of
the
power
and
authority
of
that
Generall
Councell
which
made
and
published
them
;
but
to
fit
and
accommodate
them
to
the
exigencies
of
those
times
,
and
to
the
conditions
of
the
places
and
persons
in
the
Kingdome
,
and
in
in
such
sort
as
those
Fathers
have
expressed
,
and
as
it
appeareth
by
what
wee
have
delivered
,
but
more
plainly
,
in
the
text
of
the
pragmaticall
Sanction
:
so
that
if
they
might
be
wholly
rejected
,
much
more
might
they
be
onely
in
part
receiued
,
and
that
with
some
qualifications
and
conditions
.
a
packe
of
Cardinalls
P●ulus
Langiu●
in
Chron.
Sitizensi
sub
ann.
Voyez
le
troisiesme
volume
de
recueil
des
choses
memorables
pour
le
fait
de
la
religion
&
estat
de
Royaume
,
enl●●n
This
thing
for
which
the
Clergy
hath
many
times
heretofore
petitioned
you
,
and
namely
in
the
last
generall
assembly
of
the
States
holden
at
Peter
Espinac
Voyez
l'extrait
des
registres
des
Estats
sur
la
recepti●n
du
Concile
de
Trent
.
Nicolas
Angelier
Brother
,
those
that
told
you
,
that
I
would
cause
the
Councell
of
to
be
published
,
were
not
well
informed
of
my
intentions
,
for
I
never
so
much
as
thought
it
.
Nay
,
I
know
well
how
such
publication
would
be
prejudicall
to
my
affaires
:
And
I
am
not
a
little
jealous
of
the
preservaton
of
my
authoritie
,
the
priviledges
of
the
Church
of
and
also
of
the
observation
of
my
edict
of
peace
.
But
it
was
only
proposed
unto
me
,
to
cull
out
some
certaine
articles
about
Ecclesiasticall
discipline
,
for
the
reforming
of
such
abuses
as
reigne
in
that
State
;
to
the
glory
of
God
,
the
edifying
of
my
subjects
;
and
withall
,
the
discharge
of
my
owne
conscience
:
A
thing
which
never
toucheth
upon
those
rules
which
I
have
set
downe
in
my
edicts
,
for
the
peace
and
tranquillitie
of
my
Kingdome
,
which
I
will
have
inviolably
kept
on
both
sides
.
Saint
German
After
that
a
good
number
of
Bishops
and
proxyes
,
for
those
that
were
absent
,
together
with
Ecclesiasticall
persons
,
from
all
quarters
of
our
Province
of
were
met
in
our
Metropolitan
Church
at
they
tendred
nothing
more
,
than
earnestly
to
sollicite
the
publishing
and
promulgation
of
the
Councell
of
within
this
Realme
.
Wherefore
this
our
assembly
by
common
consent
,
have
resolved
to
present
their
humble
petition
to
our
King
,
in
like
manner
as
was
formerly
done
by
the
States
of
and
the
Clergy
convented
at
that
he
would
be
pleased
,
for
proofe
of
his
true
piety
and
religion
,
to
enjoyne
the
publication
of
the
said
Councell
;
whereby
the
maintenance
of
the
Church
is
well
provided
for
,
which
is
observed
to
be
daily
impared
and
abated
.
That
he
out
of
his
singular
piety
,
would
command
the
Councell
of
to
be
published
,
which
had
so
exactly
provided
against
those
dangers
,
wherein
the
Christian
Commonwealth
was
then
implunged
.
Claudius
Espensaeus
Doe
wee
dally
in
a
matter
so
serious
?
or
rather
doe
wee
make
a
mocke
of
those
which
desire
a
reformation
,
under
colour
of
decrees
?
What
reformation
can
bee
expected
from
us
who
doe
not
observe
those
things
,
which
we
have
so
lately
decreed
?
Claudius
Espe●saeus
l
digress
.
in
ep.
ad
Timoth.
pag.
See
here
that
which
they
of
ordained
;
but
where
is
it
observed
?
as
for
our
Bishops
who
were
at
there
is
not
any
of
them
that
instructs
the
people
in
his
owne
person
;
at
least
not
any
that
I
heare
of
.
But
it
is
not
long
since
they
have
determined
this
point
:
the
Pope
and
Councell
of
have
brought
it
lately
to
an
upshot
.
But
what
?
were
those
pastors
which
came
from
thence
,
and
had
a
hand
in
the
making
of
those
Canons
of
reformation
,
those
injunctions
of
residence
and
preaching
,
ere
a
whit
more
diligent
in
feeding
their
flocks
,
or
lesse
silent
in
their
pulpits
after
the
Councell
was
confirmed
by
the
Pope
?
their
non-residence
was
as
great
as
formerly
,
and
they
almost
as
dumbe
as
ever
.
They
had
rather
tire
then
give
over
,
and
be
cast
out
of
their
livings
by
those
who
style
themselves
reformers
forsooth
(
when
indeed
they
are
nothing
lesse
)
than
indure
to
be
reformed
by
Kings
and
Princes
,
and
by
them
be
constrained
to
doe
their
duty
.
Epistola
Bonifacii
ad
Episcopos
regnē
Franciae
Those
who
hold
that
temporall
matters
are
not
subject
to
spirituall
,
doe
not
they
goe
about
to
make
two
Princes
?
Paris
,
where
it
was
enacted
,
by
underhand
and
begged
voices
,
that
none
should
appear
before
him
upon
the
summons
of
the
See
Apostolick
.
Peter
Flotte
We
have
both
the
one
power
and
the
other
,
Yours
is
verball
,
but
ours
is
reall
,
Matth
Westmonast
.
l.
su●
ann.
Philippus
Augustus
Rigordus
de
gestis
Philippi
Augusti
sub
ann.
The
whole
countrey
of
the
King
of
was
interdicted
;
at
which
the
King
being
highly
offended
after
he
had
notice
of
it
,
he
stripped
all
his
Bishops
out
of
their
Bishoprickes
,
because
they
had
consented
to
that
interdict
;
and
commanded
that
their
Canons
and
Clerkes
should
be
put
out
of
their
livings
,
expelled
out
of
his
dominions
,
and
their
goods
confiscated
:
he
discharged
also
the
Parish
Priests
,
and
seized
upon
their
goods
.
Aymomius
l.
To
send
him
home
againe
excommunicated
,
if
he
came
there
to
excommunicate
.
Theganut
de
gellis
Ludovi●●
imperatori●
cap.
Idem
cap
He
was
vexed
by
all
his
Bishops
,
and
more
particularly
by
them
who
were
raised
to
those
dignities
from
a
low
degree
,
and
such
as
comming
out
of
barbarous
Countries
were
preferred
to
that
height
of
honour
.
They
said
and
did
such
things
as
the
like
were
never
heard
of
;
using
reproachfull
speeches
towards
him
,
they
tooke
his
sword
from
his
side
upon
the
judgement
of
his
servants
,
and
wrapt
it
in
a
sackcloth
.
Rhemes
,
Ebon
That
whatsoever
had
beene
attempted
against
the
honour
of
the
Emperour
,
was
against
all
right
and
reason
.
and
particularly
those
of
the
province
of
their
Archbishop
upon
this
occasion
,
condemning
his
proceeding
herein
.
For
the
reestablishing
and
better
settling
of
Christian
religion
within
this
Kingdome
,
our
suit
unto
the
King
is
,
that
like
a
most
Christian
and
eldest
sonne
of
the
Catholique
Church
,
he
would
receive
the
Councell
of
and
cause
it
to
bee
inviolably
observed
by
all
his
subjects
.
If
any
here
will
interpose
,
and
tell
me
that
there
are
some
articles
in
it
which
are
repugnant
to
the
liberty
of
the
Gallicane
Church
;
and
some
others
which
seeme
too
harsh
and
against
the
forme
of
justice
now
used
in
I
answer
,
that
the
Lords
spirituall
may
more
wisely
advise
of
this
in
the
assembly
generall
of
the
States
;
and
if
need
so
be
,
communicate
it
with
the
other
Orders
,
to
make
a
Remonstrance
thereof
to
our
holy
Father
the
Pope
.
By
this
meanes
all
those
Edicts
,
which
,
to
the
great
regret
of
the
King
,
the
Princes
,
and
Catholique
subjects
,
by
reason
of
the
necessity
of
the
times
did
tolerate
this
medley
of
religions
,
shall
be
repealed
and
abolished
.
Extrait
du
registre
de
l'
assemblee
tenue
a
Paris
sous
le
nom
de
Esta●s
●●n
.
Of
the
just
deposall
of
the
third
from
the
Kingdome
of
making
him
a
murtherer
,
a
heretique
,
a
favourer
of
heretiques
,
simoniacall
,
a
sacrilegious
approver
of
duels
,
a
profaner
of
religious
persons
,
a
confederate
with
heretiques
,
a
spender
of
the
substance
of
the
Church
without
any
leave
from
the
Pope
,
a
fal●ifier
of
the
letters
Apostolique
,
a
superstitious
fellow
,
a
deteiner
of
Churchmen
.
Concil.
Trid.
Sess
Ordon
.
de
Bloi●
artic.
Concil.
Trid.
Sess.
Ordon
.
de
Bloi●
artic.
Concil
Trid
:
Sess.
&
seq
Ordon
.
de
Bloi●
art.
Concil.
Trid.
Sess.
Ordon
de
Bloi●
artic.
Concil
Trid.
Sess.
Ordon
.
de
Bloi●
art.
Concil.
Trid.
Sess.
Ordon
.
de
Bloi●
art.
Concil.
Trid.
Sess.
Ordon
.
de
Bloi●
.
arts
Concil.
Trid.
Sess.
Ordon
.
de
Bloi●
art.
Concil.
Trid.
Sess.
Ordon
.
de
Bloi●
artic
Con●il
.
Trid.
Sess.
Ordon
.
de
Bloi●●rtic.
In
●
erb
.
&
quandoque
appella
tur
num.
Barbatius
in
cap
quod
t●ansl●tionum
.
Col.
de
offic.
legate
Ioh●rnes
apud
Baldum
.
Baldus
in
cap.
olim
.
ad
sinem
●xtrav
.
de
rescrip
.
Ludovicus
Barvarus
Nauclerus
volum.
The
third
reason
is
,
because
no
man
ought
to
bee
judge
in
his
owne
cause
,
and
doe
justice
to
himselfe
;
but
it
is
a
plaine
case
that
this
said
pretended
to
have
a
plenitude
of
power
over
us
and
our
Empire
,
even
in
temporall
matters
;
and
did
actually
conspire
against
us
and
the
lawes
of
the
Empire
,
which
he
attempted
to
usurpe
,
and
caused
us
to
be
pursued
like
an
enemy
.
inter
que●●las
●●ne
quis
in
propria
causa
i●●ubro
&
in
nigro
Gloss.
in
Can
Consuetudo
Hence
wee
collect
that
if
the
Pope
be
at
variance
with
any
body
,
he
ought
not
to
be
judge
himselfe
,
but
to
chuse
arbitrators
.
Decius
in
cap.
cum
veniss●nt
.
●u
.
Sleidan
comment
.
lib.
being
advertised
by
lo●ters
,
that
they
would
proceed
against
him
at
he
thereupon
drew
a
ne●
appeale
November
the
and
a
little
after
,
being
pressed
and
pinched
with
extreame
necessity
,
hee
was
glad
to
appeal
from
the
Pope
,
to
a
future
Councell
.
●leidan
.
c●mmen●
l.
Wee
have
discoursed
in
the
last
book
how
the
sentence
of
excommunication
was
denounced
by
the
Pope
against
the
Archbishop
of
upon
the
sixteenth
of
April
,
who
having
c●rtaine
notice
of
it
the
fourth
of
November
,
he
put
forth
a
book
presently
after
,
wherein
he
gives
his
reasons
why
hee
refused
the
Pope
for
his
judge
,
because
hee
had
stood
a
long
time
accused
of
heresie
and
idolatry
:
Wherefore
hee
appealed
from
his
sentence
to
a
lawfull
Councell
of
wherein
he
protested
so
soone
as
it
was
opened
,
he
would
implead
the
Pope
as
a
party
,
and
prosecute
against
him
.
pragmatique
sanction
Et
de
ea
Langgius
in
Chron.
Citizensi
sub
anno
Wee
the
Rectour
and
the
Vniversity
,
finding
our selves
grieved
,
wronged
,
and
oppressed
,
as
well
for
our selves
,
as
for
all
others
subject
to
our
Vniversity
,
and
all
such
as
will
take
part
with
it
,
doe
appeal
from
our
holy
father
the
Pope
ill-advised●
to
a
future
Councell
lawfully
assembled
,
in
a
safe
place
,
whither
we
may
freely
and
boldly
goe
,
about
the
abrogation
of
the
Councell
of
and
the
pragmatick
sanction
lately
set
forth
by
these
new
decrees
.
Francis
Chregat
Et
refertur
totidem
verbi●
a●
Rovero
Pontano
Carmelita
.
l.
rerum
memorab
.
p.
Et
à
Claudio
Espensaeo
,
in
comment
.
in
Epist.
ad
T●●tum
,
cap.
Concil.
Constant
Sess.
That
the
new
Pope
who
should
be
next
chosen
,
together
with
the
Councell
before
he
departed
from
thence
,
should
reforme
the
head
of
the
Church
and
the
Court
of
about
such
articles
as
had
beene
put
up
by
the
people
and
nations
.
Platina
in
vita
Martini
Onuphrius
in
Iulio
Et
Onuphrium
in
Iul
Arno.
●eiren
.
in
Lud●●i●o
For
many
yeers
there
had
not
been
any
general
Councels
:
and
if
any
were
called
,
as
the
first
at
and
that
at
yet
the
Church
could
not
be
reformed
to
the
purpose
,
by
reason
of
those
impediments
and
cavils
which
were
procured
thereupon
;
which
befell
themselves
also
.
Vt.
Acta
ejusdem
Concilii
.
Lateran
.
ult
Sess.
That
they
had
been
entreating
for
a
reformation
of
the
Church
in
the
head
and
members
,
above
yeeres
to
no
purpose
,
and
that
in
sund●y
Councels
,
as
those
of
and
the
first
at
and
that
the
demands
which
were
made
in
that
of
Chance●our
of
the
Vniversity
of
in
behalfe
of
the
King
of
may
bee
●ead
to
this
day
:
as
also
those
that
were
made
in
behalfe
of
the
same
Prince
,
by
M.
at
the
first
Can.
quod
suspecti
&
ib●
gloss
.
Extat
in
collect
.
diversarum
●onstitut
.
Romanorum
Pontif.
part
.
Wherefore
,
by
the
advice
and
consent
of
our
reverend
brethren
,
and
by
their
mature
deliberation
,
by
the
authority
of
Almighty
God
,
the
blessed
Apostles
and
our
owne
;
we
condemne
,
disprove
,
and
totally
reject
all
and
every
the
foresaid
articles
,
or
errours
,
as
hereticall
,
either
scandalous
or
false
,
or
offensive
to
piou●●ars
,
or
tending
to
the
seduction
of
simple
soules
,
and
contradicting
the
Catholique
truth
.
And
we
decree
and
ordaine
by
these
presents
,
that
by
all
faithfull
people
of
both
sexes
,
they
bee
holden
for
condemned
,
disproved
and
rejected
.
In
eadem
collect
.
Divers
.
constit
.
part
.
Whereupon
we
,
desiring
to
provide
for
the
Church
,
and
to
clense
her
of
all
her
staines
have
determined
to
appoint
and
solemnize
a
Generall
Councell
,
upon
earnest
and
urgent
motives
,
which
concerne
the
state
of
the
said
Church
and
See
Apostolique●
and
the
extirpation
of
the
plaguy
heresie
,
and
others
,
having
already
dispatched
our
Nuncio's
to
Christian
Princes
for
that
purpose
.
Sleidan
.
l.
Besides
,
not
only
because
the
Pope
is
a
party
,
but
seeing
hee
hath
already
condemned
our
doctrine
long
before
,
hee
is
growne
more
suspicious
.
And
who
can
doubt
what
judgement
will
passe
upon
our
doctrine
in
his
Councell
?
Yea
more
,
hee
confesseth
that
the
cause
of
publishing
the
Councell
is
,
that
the
new-sprung
heresies
may
bee
rooted
out
:
'T
is
true
,
that
may
beare
a
larger
construction
;
yet
there
is
no
question
but
he
meanes
of
our
doctrine
,
seeing
it
is
scarce
credible
that
hee
should
speake
of
his
owne
faults
.
And
that
it
is
so
he
hath
published
another
Bull
since
,
about
the
reformation
of
the
Court
of
wherein
hee
confesseth
down-right
without
any
flattery
,
that
a
Councell
is
called
for
the
rooting
out
of
the
pestilent
heresie
of
he
hath
caused
their
doctrine
to
bee
pronounced
hereticall
by
a
conclave
of
Cardinals
,
and
also
by
the
Priours
of
the
religious
Orders
,
and
by
a
pretty
company
of
Divines
and
Doctors
in
both
the
Lawes
.
Sozom.
l.
Sleidan
.
l.
For
he
saith
,
That
the
Pope
hates
him
mortally
,
putting
him
out
of
favour
with
other
Kings
as
much
as
he
can
;
and
that
for
no
other
reason
but
because
he
had
cast
off
his
tyrannie
,
and
had
made
him
loose
his
yeerly
rent
;
and
for
this
cause
he
could
not
come
thither
.
V.
libel
.
de
Eccles
Gallic
.
Stat.
in
schism
.
pag.
Theodoret.
l.
knowing
the
hatred
of
his
judges
against
his
cause
,
went
not
to
the
Councell
of
Cesarea
.
D.
Can.
quod
.
suspecti
I
aske
,
where
is
that
which
is
able
to
passe
the
judgement
which
they
pretend
?
shall
it
be
amongst
them
?
so
the
same
enemies
should
be
both
witnesses
and
judges
:
but
even
humane
affaires
ought
not
to
bee
committed
to
such
a
judgement
;
how
much
lesse
divine
and
ecclesiasticall
,
every
wise
man
doth
perceive
.
Nicholaus
Papa
in
Epist.
ad
Michaelem
Imper
.
&
d.
Can.
quod
suspecti
.
Robertus
Maranta
in
speculo
aureo
part
.
That
our
enemies
,
and
those
whom
we
suspect
,
should
not
be
our
judges
.
Because
nature
teacheth
us
to
avoid
the
plots
of
suspected
judges
,
and
refuse
the
judgement
of
our
enemies
.
That
how
manifest
so
ever
a
mans
offences
be
,
he
should
not
for
al
that
be
condemned
by
his
enemies
.
de
Monte
Besides
these
difficulties
,
there
is
the
heynousnesse
and
enormity
of
an
unexpected
accident
which
befell
the
person
of
the
most
illustrious
Duke
of
which
doth
so
take
up
our
employment
for
the
defence
and
safegard
of
the
liberty
of
the
Cities
which
belong
to
the
Church
,
that
we
our selves
are
not
in
safety
one
houre
,
no
not
one
minute
of
an
houre
.
That
of
a
suddaine
there
are
such
broiles
and
such
warres
kindled
,
that
the
Councell
is
constrained
as
it
were
to
stop
it selfe
,
and
breake
off
its
course
,
with
no
small
inconvenience
and
all
hope
of
proceeding
further
is
now
quite
taken
from
it
;
and
so
farre
is
the
holy
Councell
from
redressing
the
evils
and
incommodities
of
Christians
,
that
contrary
to
its
intentions
it
hath
rather
irritated
than
appeased
the
hearts
of
many
.
Sleidon
.
l.
as
soone
as
new
broiles
were
raised
in
the
neighbouring
parts
of
and
a
great
warre
was
kindled
in
the
Councell
was
afterwards
suspended
and
adjourned
.
Whereas
you
buckle
up
your selves
to
set
upon
us
with
force
,
without
once
telling
us
the
reason
why
,
wee
referre
that
to
God
,
and
as
soone
as
we
shall
know
what
yee
accuse
us
of
,
we
will
answer
so
as
every
one
shall
say
that
we
are
wronged
,
and
that
ye
undertake
this
warre
by
the
impulsion
of
the
Antichrist
of
and
the
wicked
Councell
of
Extat
haec
Pauli
Epist.
ad
Helvetios
,
Paris
.
impressa
in
Off●cina
Calderia●●
ann.
Octavianus
Farnese
Onuphrius
in
folio
Natali●
Comes
lib
E●●
●
du
Ro●
He●ri●
i●prime
a
Paris
●an●
.
Which
holy
father
upon
a
suddaine
fit
of
choler
,
had
caused
a
certaine
company
of
men
of
warre
,
both
horse
and
foot
,
to
be
levied
and
set
forth
,
and
also
enticed
and
perswaded
the
Emperour
(
with
whom
we
were
in
good
termes
of
peace
and
amity
)
to
take
armes
,
to
aid
his
forces
in
the
designe
of
the
recovery
of
and
after
hee
had
harrased
and
laid
waste
all
things
wheresoever
he
pleased
in
the
Countrey
of
he
caused
his
said
forces
to
march
towards
the
territories
of
which
hath
for
a
long
time
,
even
during
the
life
of
our
late
most
honoured
Lord
and
Father
,
been
in
the
knowne
protection
of
the
crowne
of
which
hee
beleaguered
,
using
most
incredible
and
inhumane
cruelties
towards
the
inhabitants
of
the
said
territory
,
yea
such
as
barbarians
and
infidels
would
not
have
used
the
like
:
giving
the
world
to
know
very
stoutly
that
he
meant
them
to
us
,
who
have
not
deserved
any
such
thing
at
his
hands
or
the
Holy
See
.
Our
holy
father
the
Pope
having
now
of
late
made
knowne
the
love
and
affection
which
his
Holinesse
beares
continually
towards
us
,
by
good
and
honest
demonstrations
,
&c.
We
offer
of
our
free
and
princely
pleasure
meerly
,
to
deliver
the
nation
and
the
sacred
Empire
,
from
that
servitude
wherein
it
now
is
;
to
gaine
thereby
,
as
did
in
an
immortall
name
and
everlasting
renowne
.
It
is
too
well
knowne
what
troubles
and
seditions
have
beene
heretofore
,
and
are
daily
raised
,
abetted
and
augmented
in
this
Kingdome
,
by
reason
of
the
badnesse
of
the
times
,
and
the
diversity
of
opinions
in
point
of
religion
,
which
now
reigneth
.
Obeying
herein
the
Kings
pleasure
,
without
the
approbation
of
the
new
religion
,
and
all
by
way
of
caution
.
Whence
it
is
the
more
strange
,
that
some
of
them
are
now
risen
up
in
armes
,
and
have
assembled
themselves
in
great
number
,
as
wee
see
in
sundry
places
;
and
namely
in
our
City
of
under
pretence
of
a
certaine
feare
,
which
they
say
they
have
,
least
they
should
bee
debarr'd
the
liberty
of
their
conscience
,
and
the
enjoying
the
benefit
of
our
Edicts
and
ordinances
in
that
behalfe
.
In
regard
of
the
violence
,
oppressions
,
murthers
and
outrages
,
committed
since
the
edict
,
and
in
despight
of
it
,
both
by
the
one
side
and
the
other
,
her
Majestie
will
cause
such
justice
to
be
done
,
and
amends
to
be
made
as
the
case
shall
require
,
both
for
publick
satisfaction
,
and
also
private
to
such
as
have
received
any
wrong
.
As
for
the
putting
in
execution
of
the
designe
which
we
have
undertaken
to
performe
out
of
hand
,
with
the
army
of
our
said
Soveraigne
Lord
the
King
,
against
those
that
hold
some
cities
of
this
Kingdome
,
with
prejudice
to
his
authority
,
and
the
obedience
which
belongs
unto
him
;
We
have
determined
to
depart
within
a
few
dayes
from
this
City
of
with
the
said
army
,
and
to
cause
all
the
forces
both
horse
and
foot
,
aswell
within
the
said
city
as
without
,
to
march
along
.
●x●●t
Pari●ii●
impressa
apud
Iohannem
D'
Allier
an
●t
in
Ac●i●
Con●ilii
There
is
no
sparing
of
any
thing
armies
are
raised
succours
are
called
in
from
all
parts
,
entry
is
made
by
force
;
yea
,
the
sword
pierceth
our
hearts
,
how
victorious
soever
our
hands
be
:
Our
goods
are
taken
from
us
,
and
the
Kingdome
is
brought
to
a
miserable
passe
.
Edict
de
pacification
de
l●
an
.
de
l'
an.
de
l'
an.
de
l'
an.
Theodoret.
l.
Notwithstanding
all
processes
made
,
judgements
and
arrests
granted
during
the
troubles
.
Non-suits
,
prescriptions
,
both
legall
,
conditionall
,
and
customary
,
attachements
of
feuds
,
which
happened
during
the
troubles
,
or
issued
from
thence
by
course
of
law
.
Athanas.
apol.
Theodo●et
.
l.
Concil.
Constant
Sess.
Cancil
Basil.
Sess.
Onuphrius
in
Pio
But
here
arose
a
controversie
,
whether
it
should
be
a
continua●ion
of
the
Councell
of
or
a
new
convocation
:
The
Pope
found
out
a
wholsome
remedy
to
set
all
mens
minds
at
quiet
;
for
he
used
such
a
forme
of
speech
in
the
Bull
of
promulgation
,
as
might
satisfie
both
parties
,
and
withall
the
authority
of
the
Councell
be
no
way
impeached
.
They
cannot
thinke
of
a
more
powerfull
and
present
remedy●
than
that
the
Pope
,
by
the
consent
of
the
Emperour
,
call
a
free
Councell
in
some
convenient
place
of
the
Empire
,
as
soone
as
may
be
;
as
at
or
at
some
other
place
convenient
in
Sleidan
.
lib.
Any
body
may
easily
see
and
perceive
that
this
is
none
of
the
Councell
,
with
the
vaine
hopes
and
promises
whereof
you
have
a
long
time
fed
us
in
many
Diets
:
to
wit
,
of
a
generall
,
Christian
,
and
free
Councell
;
and
that
it
should
be
in
as
wee
and
our
associats
in
religion
have
made
remonstrance
to
your
Majestie
in
the
last
Diet
at
Sleidan
.
Comment.
lib.
Iames
Amiot
Vid.
fascic
.
rerum
expetendarum
.
pag.
That
he
could
not
send
the
Bishops
of
his
Realme
unto
the
Councell
,
seeing
they
could
not
have
free
and
safe
accesse
.
Gora●dus
Ponticus
ann
Italy
.
Ortelius
Iohn
H●●
Bad
promises
must
be
broken
It
is
not
necessary
for
a
man
to
keepe
his
word
in
unlawfull
promises
.
Angelus
Imm●la
S●cinus
Decius
in
Consiliis
adversus
Iuliu●
Ia●oba●ius
.
&
alii
Mu●iut
German
.
Chron.
lib●
circa
princip
They
agreed
well
enough
of
the
time
but
a
great
controversie
there
was
about
the
place
.
The
Popes
perceived
well
enough
that
the
place
was
all
in
all
,
and
no
question
but
he
of
had
beene
cast
,
had
it
beene
in
any
place
that
acknowledged
him
of
for
the
true
Pope
;
and
on
the
contrary
,
the
Pope
deposed
,
if
in
a
place
where
the
was
taken
for
th●
lawfull
Pope
.
And
therefore
they
contended
a
long
time
about
the
place
Pope
did
wisely
dissemble
,
and
not
communicate
his
counsell
save
to
one
or
two
;
his
chiefe
care
was
that
it
might
not
be
in
any
place
where
the
Emperour
was
the
stronger
party
.
Which
notwithstanding
fell
out
against
his
will
,
which
almost
made
him
to
despaire
.
The
Legats
being
returned
to
the
Pope
,
and
having
certified
him
of
the
place
of
the
Councell
,
which
was
agreed
upon
,
he
had
like
to
have
gone
mad
by
reason
of
the
excessive
griefe
he
conceived
thereupon
,
and
cryed
out
hee
was
undone
,
and
began
to
cast
about
for
the
alte●ing
of
it
.
But
all
his
counsellors
lying
their
heads
together
could
never
invent
a
pretence
faire
enough
to
bring
that
about
.
Nauclerus
Naucle●us
vol.
Leonard
Aretin
That
the
citation
binde
the
party
assigned
to
appeare
,
N●●clerus
vol.
it
is
requisite
there
bee
a
time
appointed
him
,
and
that
the
place
where
he
is
to
make
his
appearance
be
safe
.
But
it
is
notoriously
knowne
that
this
same
doth
beare
a
capitall
hatred
to
us
,
and
hath
with
an
army
of
souldiers
pursued
us
,
our
liegemen
and
confederates
.
Besides
,
the
City
of
the
Pope
himselfe
,
and
the
Lord
of
it
,
have
a
long
time
hated
both
us
and
the
Empire
;
wherefore
it
were
senslesse
for
any
man
to
say
that
such
a
summons
was
Canonicall
:
for
on
the
contrary
,
it
is
utterly
void
and
invalid
in
Hortamur
ut
lite
non
con
.
test
.
accedens
.
D.
de
judic
.
l.
●i
locum
.
Clement
.
Pastorall●
de
sen●ent
.
&
rejudis
.
It
is
a
thing
evident
and
unquestionable
,
that
during
the
time
of
this
proces
and
quarrell
,
even
then
when
the
sentence
was
given
,
there
was
alwayes
a
great
army
about
the
Emperour
,
that
pursued
the
King
and
his
partakers
with
mortall
hatred
,
and
that
the
City
of
where
the
sentence
was
given
,
had
an
ancient
grudge
against
the
said
King
,
as
every
body
knowes
.
Supposing
then
,
that
the
King
was
lawfully
cited
upon
those
grounds
by
the
Emperor
,
was
he
bound
to
come
before
a
judge
that
was
accompanied
with
a
great
army
?
one
that
hated
and
was
incensed
against
the
party
summoned
,
as
was
said
before
?
Was
he
bound
to
appeare
in
a
populous
place
,
of
great
strength
,
and
which
bore
hatred
towards
him
?
who
durst
doe
so
?
or
by
what
r●ason
should
any
man
be
bound
to
bide
his
doome
in
such
a
Consistory
,
to
cast
himselfe
into
his
enemies
bosome
,
to
present
himselfe
voluntarily
to
die
,
and
that
for
no
just
cause
,
but
by
an
open
injury
:
He
were
a
foole
that
would
thinke
such
a
citation
bound
the
party
cited
to
make
appearance
.
Can.
●ine
de
Con●ugii
.
Cau.
Adde
can
.
Lotharius
.
caus
.
Wherefore
it
is
fitting
to
procure
such
a
place
where
the
force
of
a
multitude
needs
not
to
be
feared
:
Archidiaconu●
de
Turrecremata
,
&
alii
ibid.
Et
Regin
.
sub
ann.
This
is
an
argument
that
the
judge
is
bound
to
provide
a
place
of
judgement
for
the
hearing
of
the
cause
,
where
the
parties
may
meet
freely
and
safely
.
As
often
as
you
shall
be
summoned
before
any
judges
,
if
it
be
dangerous
to
appeare
before
them
,
you
may
lawfully
become
appellants
.
Wee
are
ready
to
assemble
Kings
,
Prelates
,
and
Princes
,
both
spirituall
and
temporall
in
some
place
of
safety
.
A
judge
should
appoint
such
a
place
,
or
else
there
is
a
just
cause
of
appeal
,
although
it
bee
said
that
no
appeal
shall
be
admitted
.
Ivo
epist.
Ivo
epist.
Ivo
epist.
Doctores
in
Clement
.
Pastoral●●
de
sententia
&
rejudicata
.
Oldrad
.
Cons.
Calderinus
Cons.
Abbas
,
&
Moderni
in
cap.
veniens
de
accusat
.
Marian
.
Socin
.
in
rubric
.
de
dilat
art●
Gloss.
in
cap.
cum
locum
.
Extra
.
De
sponsal
.
&
matrimonio
.
All
others
whosoever
Bellarmin
.
lib.
de
Conciliis
.
Iohannes
de
Turrecremata
lib.
Sozomen
.
lib.
In
which
dispute
certaine
judges
were
ordained
for
presidents
of
the
Councell
,
who
from
that
time
forwards
,
were
accounted
men
of
prime
rank
in
the
Palace
,
both
for
knowledge
and
dignity
,
con
;
Basil
and
Photinus
Vid.
Acta
Concilii
Chalced.
tom
To
the
end
that
apparent
errour
may
undergoe
the
yoke
of
revealed
truth
,
by
the
authority
of
this
present
Edict
I
advise
all
men
of
what
condition
soever
,
landlords
,
stewards
,
and
farmers
,
as
well
which
hold
of
the
Crowne
,
as
of
private
possessions
,
with
the
Ancients
in
all
places
,
that
,
not
forgetting
the
lawes
,
their
own
dignity
,
honour
and
safeguard
,
they
doe
their
endeavour
to
hinder
all
Conventicles
of
the
Donatists
,
in
all
townes
whatsoever
;
who
shall
be
bound
to
surrender
up
to
the
Catholiques
those
Churches
which
I
allowed
them
of
courtesie
untill
the
day
of
sentence
,
without
commission
from
the
Emperour
.
Possidius
in
vita
D.
August
This
happened
mainly
by
occasion
of
the
conference
which
was
at
betweene
all
the
Catholique
Bishops
and
the
by
the
command
of
the
Emperour
who
sent
the
Tribune
into
to
be
judge
in
that
collation
.
In
which
controversie
the
being
throughly
confuted
and
convinced
of
errour
by
the
Catholiques
,
were
condemned
by
the
sentence
of
the
judge
.
that
they
appealed
from
that
sentence
to
the
Emperour
,
and
that
they
were
afterward
condemned
by
him
,
and
declared
heretiques
.
August
.
ep
Iacobatius
lib.
de
Concili●
art.
in
a
Synod
holden
in
a
Councell
before
where
it
was
disputed
,
whether
the
law
or
the
should
bee
preferred
the
Phil●sopher
who
would
not
possesse
any
worldly
goods
,
and
who
never
received
present
from
any
one
in
the
time
of
his
Consulship
,
were
appointed
for
judges
.
Paris
.
There
was
a
time
,
when
without
any
rashnesse
or
prejudice
to
faith
,
the
controversies
of
faith
were
referred
to
the
judgement
of
Pagan
Philosophers
,
who
presupposing
the
faith
of
Christ
to
be
such
as
it
was
confessed
to
be
,
however
they
did
not
beleeve
it
,
yet
they
knew
what
would
follow
by
evident
and
necessary
consequence
from
it
,
and
what
was
repugnant
to
it
.
Thus
it
was
in
the
Councell
of
as
is
left
unto
us
upon
record
.
Origen
in
dialogo
contra
M●●c●o●itas●
V
Theodoret.
l
Socrates
lib.
Then
was
there
a
generall
Councell
appointed
and
ordained
that
all
should
repaire
to
a
City
of
which
was
done
by
the
joynt
consent
and
agreement
of
t●e
Emperours
;
the
one
having
required
so
much
by
his
letters
,
and
the
other
of
the
East
having
willingly
embraced
the
motion
.
By
the
consent
of
both
Emperours
it
was
ordained
that
the
Bishops
of
either
part
should
meet
at
Sozomen
.
l.
a
City
of
upon
the
day
appointed
Vide
Acta
Concilii
generalis
Ferrariensis
five
Florentini
.
tom
.
Concil.
Session
〈◊〉
in
Concilio
Lateran
Vid.
Concorda●a
inter
Francisc
&
Leonem
Low
Countries
The
most
Christian
King
,
although
hee
be
throughly
perswaded
of
all
these
things
,
and
expect
nothing
from
us
which
may
make
against
them
:
yet
there
are
two
things
whereof
he
puts
you
in
minde
,
out
of
the
good
will
he
beares
towards
the
Synod
,
and
the
great
vexation
he
endures
by
reason
of
these
differences
in
Religion
.
First
,
that
as
much
as
we
can
we
avoid
all
new
controversies
,
that
wee
lay
aside
all
uncouth
and
impertinent
questions
,
t●at
we
bend
all
our
forces
as
much
as
we
may
,
to
effect
that
Princes
and
Provinces
would
give
over
their
warres
.
Wee
must
be
farre
from
any
desire
of
stirring
up
warres
,
that
so
they
who
have
departed
from
us
,
and
are
cut
off
from
the
Church
of
God
,
may
not
thinke
that
this
assembly
was
rather
to
raise
up
Princes
in
armes
,
and
to
enter
leagues
and
confederacies
,
though
for
a
holy
warre
,
than
to
procure
a
generall
reconciliation
of
the
mindes
of
all
men
.
The
other
maine
point
of
my
ambassage●
is
,
that
which
from
the
beginning
was
common
to
my
master
the
most
Christian
King
,
with
the
most
Illustrious
the
Emperour
,
and
all
other
Kings
and
Princes
who
have
their
right
honourable
Ambassadors
here
present
,
is
that
you
would
in
good
earnest
take
order
for
the
reformation
of
manners●
and
of
the
Ecclesiasticall
discipline
.
And
that
it
may
be
lawfull
for
every
one
as
well
of
the
Laity
as
of
the
Clergy
,
that
assist
in
the
Councell
,
to
speake
freely
,
notwithstanding
all
oathes
and
obligations
whatsoever●
and
to
provide
for
the
glory
of
God
the
salvation
of
soules
,
and
the
safety
of
the
Christian
Commonwealth
,
without
any
hindrance
.
Bellarmin
.
l.
V.
Acta
Concilii
Ni●●ni
.
&
Ruffin
.
l
It
pleased
the
Apostles
and
Elders
with
the
whole
Church
Act.
Concil.
Ephefini
.
Eusebius
de
vita
Constantini
lib.
Act.
Concil.
Ephes.
tom.
V
Act●
Conc.
Nicani
cap.
Theodore●
〈◊〉
I
assisted
there
as
one
of
you
,
and
I
will
never
deny
(
for
it
is
a
thing
I
much
joy
in
)
that
I
joyned
my selfe
with
you
in
that
ministery
.
Vid.
Acta
Concilii
Cons●antinop
Vid.
Acta
Concil.
Franc●ord
.
in
libello
sacro
.
syllabo
.
tom
Concil.
pag.
H●c
dec●eta
extant
MS.
in
vet.
Bibliothecu
.
The
Emperour
hath
ordained
,
with
the
consent
of
the
Synod
,
&c.
Childeric
,
Carloman
V.
Synodum
Francicam
tom
Con
p.
By
the
advise
of
the
Church-men
,
and
the
Princes
of
this
Realme
,
we
have
ordained
,
decreed
,
&c.
Childeric
,
Pepin
a
French
V.
Synod
.
Suession
.
tom
.
Concil.
p.
Wherfore
with
the
consent
of
the
Bishops
,
Priests
,
and
servants
of
God
,
and
the
advise
of
the
chiefe
of
the
Kingdome
,
we
have
decreed
to
renew
the
Synod
every
yeer
,
&c.
Wee
have
constituted
and
ordained
by
the
Councell
of
the
Clergy
men
,
and
the
chiefe
men
of
the
Realme
aforesaid
.
France
.
As
soone
as
he
was
arrived
at
he
called
a
Synod
,
and
declared
the
reasons
of
his
journey
to
the
Clergy
and
Princes
of
his
Realme
.
Concil.
Meldense
.
tom
Conc.
p.
Another
was
holden
at
his
returne
,
and
confirmed
under
the
proper
seal
of
the
Prince
,
and
all
the
rest
both
Clergy
men
and
Lay.
They
ordained
first
of
all
to
settle
something
that
had
beene
formerly
decreed
by
the
same
Prince
,
together
with
the
Lords
spirituall
and
temporall
.
Synodus
Pistis
in
Princ
tom
Conc.
p.
In
the
name
of
the
Holy
and
indivisible
Trinity
,
by
the
grace
of
God
,
King
of
together
with
the
Bishops
,
Abbats
,
Earles
,
and
the
rest
of
the
faithfull
regenerate
in
gathered
together
from
diverse
Provinces
,
at
a
place
called
upon
the
river
in
the
yeere
of
our
Lord
yeer
of
the
reign
of
our
Soveraigne
Lord
King
indiction
the
tenth
.
The
Kings
and
Bishops
assembled
before
us●
being
guided
by
the
feare
and
love
of
God
,
have
made
diverse
constitutions
and
decrees
,
with
the
Counsell
and
consent
of
the
rest
of
the
faithfull
people
of
God
.
For
the
putting
of
which
things
more
particularly
in
execution
,
wee
have
thought
fit
here
to
renew
some
amongst
many
,
of
the
constitutions
and
decrees
of
our
predecessors
,
and
the
ancient
Councels
.
Wee
have
constituted
and
ordained
by
common
advise
,
&c.
He
came
into
the
royall
City
of
Vide
Concil.
Tribu●iense
in
princ
.
&
in
fine
tom
.
Concil.
pa.
with
the
Bishops
underwritten
,
the
Abbats
,
and
all
the
Peeres
of
his
Realme
,
and
there
flocked
thither
both
Clergy
and
Lay-men
,
in
great
troupes
.
This
holy
subscription
was
confirmed
and
fairly
approved
by
the
reverend
profession
,
and
worthie
answers
of
the
Priests
,
Deacons
,
and
Lay
Nobility
.
Philip
Augustus
M.
●ean
du
Tillet
greffier
en
ses
memoires
.
V.
Capitulare
Caroli
Magni
lib.
That
anciently
the
affaires
of
were
managed
by
the
Clergy
and
Lay
men
joyntly
.
In
this
Councell
was
assistant
,
with
the
Archbishops
,
Bishops
,
and
chiefe
Lords
of
the
Realme
,
where
the
point
of
the
divorce
or
confirmation
of
the
Kings
marriage
with
was
discussed
Idem
Rigordus
Philip
Augustus
Saracens
,
He
sent
out
his
Mandamus
to
call
a
Generall
Councell
of
all
the
Archbishops
,
Bishops
,
and
Princes
of
his
Realme
which
was
holden
in
the
City
of
Iean
le
Maire
en
la
partie
de
la
division
des
schismes
.
Iohn
le
Maire
After
this
the
same
King
having
called
together
the
Prelates
,
Barons
,
and
Lords
of
the
Realm
,
held
a
Councell
at
where
he
demanded
aid
&
advice
against
the
said
Pope
.
Iean
Bouchet
en
la
partie
des
annales
d●
Aquitaine
.
Platina
in
Bonifa●io
V.
Pragmat
.
Sanctionem
in
principio
et
in
fine
.
I●an
de
Maire
en
la
partie
de
la
di●●ere●ce
des
s●hism
.
Aquitain
,
And
immediately
after
hee
caused
a
Councell
of
Prelates
and
Barons
to
be
assembled
at
in
which
Councell
King
was
appellant
Paris
.
A
while
after
King
the
eleventh
assembled
a
Councell
of
the
Church
,
and
all
the
Vniversities
in
the
City
of
as
well
to
understand
the
purport
of
the
Pragmatique
Sanction
,
as
to
give
direction
for
the
annates
of
benefices
,
About
that
time
Pope
of
coming
into
out
of
the
affection
hee
bore
to
Ecclesiasticall
discipline
,
set
up
a
generall
Councell
a●
Neubrigen●is
l.
where
he
sitting
with
a
great
company
of
Bishops
and
Nobles
,
there
was
a
pestilent
fellow
brought
before
him
,
who
being
possest
with
a
devill
,
had
seduced
a
great
many
by
his
tricks
and
juglings
.
Concil.
Tole●
Concil.
pag.
Wherefore
we
decree
and
denounce
with
heart
and
mouth
this
sentence
pleasing
to
God
,
&
conformable
to
our
Kings
,
and
do
furthermore
ordain
with
the
consent
and
advice
of
the
Grandés
and
honourable
persons
of
his
Kingdome
,
&c.
Concil.
Tolet.
Concil.
p.
Concil.
Tolet.
versus
princip.
Tom.
Concil●
pag.
Math.
Westmonast
l
sub
an.
Archbishop
of
assembled
a
great
Councell
of
Bishops
,
Abbats
,
and
other
faithfull
people
in
the
southerne
parts
of
Matthew
Westminster
having
done
what
hee
would
at
Neubrigens
.
lib.
cap.
ult
and
the
adjoyning
shires
,
returned
towards
the
southerne
parts
about
the
feast
of
Saint
th'
Archangell
,
to
keepe
a
Councell
at
together
with
the
Bishops
and
Nobles
of
both
for
the
affaires
of
the
Kingdome
,
and
of
the
Church
of
which
was
then
vacant
England
,
two
Cardinals
Neubrigens
.
lib.
were
sent
into
from
the
See
Apostolique
,
who
having
called
a
great
assembly
of
Ecclesiasticall
persons
and
Noblemen
within
the
territories
of
the
King
of
they
solemnly
admitted
him
to
purge
himselfe
of
the
murther
of
Archbishop
of
Idem
Neubrig●
l.
Of
the
Nobles
,
Stephanus
filius
,
Iohannes
superista
,
Demetrius
Meliosi
,
Crescentius
Caballi
marmorei
,
Iohannes
Puisina
,
Stephanus
de
Musa
,
Theodorus
de
Rusina
,
Iohannes
de
Primicerio
,
Leo
de
Camurzuli
,
Ricardus
,
Petrus
de
Canaperia
,
Benedictus
,
&
Bulgaminus
his
sonne
:
Of
the
communalty
,
Peter
Imperiola
,
with
all
the
Roman
army
.
Martinu●
Polonu●
in
Henr.
having
called
a
Councell
at
consisting
of
foure
and
twenty
Bishops
,
and
many
of
the
Nobility
,
he
there
commanded
the
decrees
of
Pope
to
bee
disanulled
Vetu●
author
qui
scripsit
de
investituris
apud
Theodoricum
à
Nihem
in
tract
.
de
privileg
.
&
●urib●s
Imperat.
pag.
●dem
author
For
as
much
as
your
●umility
doth
humbly
desire
our
Apostleship
that
dispatching
the
holy
Synod
assembled
by
your
advice
at
the
Patriarchall
of
the
in
the
Church
of
St.
and
consisting
besides
of
Iudges
and
Doctors
of
law
,
wee
would
declare
how
we
may
live
in
peace
and
quiet
.
Nicol.
C●sanus
lib.
de
concor
.
●athol
.
●ap
.
where
the
sentence
of
definition
go●s
by
plurality
of
voices
,
and
not
by
consent
and
unanimity
,
it
is
good
reason
that
discretion
,
wisdome
,
and
authority
should
be
considered
,
that
the
judgement
of
fooles
,
who
are
ever
the
greater
number
,
may
not
overb●are
the
opinio●s
of
the
wiser
sort
.
Nico●a●●
in
epist
ad
Mi●●ae●em
Imper.
is
catholique
and
commune
to
all
,
it
belongs
as
well
to
Lay-men
as
Priests
.
Yea
to
a●●
Christians
.
Bella●m
.
lib.
de
Concil.
c●
Marsilius
de
Padua
in
desens
.
pac
.
part
.
by
reason
of
the
corrupt●on
which
is
crept
into
the
regim●nt
of
the
Church
,
the
greater
part
of
Priests
and
Bishops
are
but
meanly
skilled
in
holy
Scripture
:
and
(
if
I
may
lawfully
say
so
)
this
insufficiency
comes
by
reason
that
some
ambitious
and
covetous
persons
,
and
Lawyers
,
will
needs
purchase
the
temporall
meanes
of
Church
livings
;
and
doe
so
,
either
by
their
services
,
entreaties
,
money
or
temporall
power
.
And
God
is
my
witnesse
,
and
the
number
of
the
faithfull
,
that
I
remember
,
and
have
seene
many
Priests
,
Abbats
,
and
Ecclesiasticall
Prelats
,
so
poorely
learned
that
they
were
●ot
able
so
much
as
to
speake
true
Latine
.
At
the
most
noted
Councels
the
Emperours
and
Empresses
assisted
with
their
officers
,
for
the
resolving
of
Scripture
doubts
,
as
appears
by
although
there
was
no
such
necessity
of
calling
in
Lay
men
in
those
dayes
,
as
there
is
now
,
by
reason
of
the
great
number
of
Priests
and
Bishops
which
are
ignorant
of
Gods
Law
.
The
opinion
of
one
godly
man
ought
to
be
preferred
before
the
Popes
,
if
it
be
grounded
upon
better
authorities
of
the
Old
and
New
Testament
,
Panormit
.
●n
cap
Signi●ic●st●
de
Elect.
Every
learned
man
may
and
ought
to
withstand
a
whole
Coun●ell
,
if
he
perceive
it
erres
of
malice
or
ignorance
,
Iohn
Gerson
Socrat.
lib.
Eccles.
hist.
ca.
Concil.
Tolet.
concil●
pag●
Concil
gener
Const.
et
Conc.
generale
Nicaenum
tom
Concil
pag.
Guilielm
.
Du●ant
.
in
trans.
de
Concil.
In
tract
.
de
potest
.
Papa
lib.
Et
in
Conc.
gen●ralia
dist.
Cardinalis
Iacobatius
lib.
de
Concil.
Art
.
Marsilius
part.
in
def
pac
Onuphriu●
in
Pio
Bellarm.
lib.
de
concil
.
ca.
Of
Laymen
some
few
shall
be
called
thither
as
shall
seeme
serviceable
and
necessary
for
some
office
in
the
Councell
.
Et
Pietro
Messia
en
la
vita
de
Sigismondo
.
All
of
whom
treating
of
points
of
divinity
,
when
they
had
deposed
the
two
antipopes
,
that
contended
for
the
Popedome
,
and
elected
the
fifth
Pope
in
their
stead
,
a
most
learned
and
discreet
man
,
made
many
good
ordinances
in
the
Church
of
God
.
Paris
,
Tholous
and
other
men
in
great
abundance
,
well
skilled
in
matters
both
divine
and
humane
.
He
hath
bred
a
suspition
in
all
men
,
that
this
calling
of
the
Councell
againe
,
was
not
any
way
for
the
common
good
and
profit
of
the
Catholique
Church
,
but
rather
upon
compact
and
accord
with
those
whose
interests
are
served
in
this
assembly
Iames
Amiot
Morviller
;
They
will
not
have
this
act
come
to
light
,
till
there
bee
some
or
other
answer
to
it
,
which
they
expect
to
be
sent
them
from
Du
Moulin
en
son
conseil
sur
le
concile
de
Trente
.
Et
l'autheur
de
l'advertissement
sur
la
reception
du
concile
de
Trente
.
Iames
de
Ligueris
That
it
may
be
lawfull
for
the
Fathers
,
freely
to
speake
and
decree
that
which
the
Holy
Ghost
and
their
own
consciences
shall
suggest
unto
them
without
feare
or
favour
,
all
good
order
being
there
observed
,
by
which
meanes
all
confusion
which
might
be
feared
shall
be
avoided
,
so
as
there
shall
be
no
need
of
ru●ning
out
of
the
Councell
for
the
determination
of
such
points
as
are
debated
in
it
.
Wee
are
confident
your
Holynesse
will
never
bend
your
designes
that
way
and
that
you
will
never
give
way
to
the
introduction
of
any
novelty
,
into
a
State
so
distempered
and
troubled
,
whereby
the
liberty
of
the
Councell
may
seeme
to
bee
any
way
abated
or
violated
.
Guido
Faber
in
Oratione
sua
habita
in
Conc.
Trid
Iunii
,
●nn.
hath
reapt
but
little
or
no
good
at
all
from
the
many
Councels
which
have
been
holden
in
and
before
our
times
,
both
in
things
remaine
still
at
one
stay
,
that
is
,
in
a
poore
and
miserable
plight
.
But
the
ca●se
of
that
misery
doth
now
cease
,
and
hath
no
place
in
this
present
assembly
;
for
their
judgements
were
not
free
,
and
for
a
great
many
of
them
there
was
more
subjection
to
the
humors
of
great
personages
,
than
liberty
of
conscience
;
which
is
much
to
be
feared
in
a
matter
of
this
nature
.
But
as
for
you
,
Sirs
,
who
are
here
assembled
in
the
name
of
God
,
you
acknowledge
no
superiour
,
but
the
honour
of
God
,
and
the
quiet
of
his
Church
.
If
wee
will
apply
our selves
to
the
humour
of
this
or
that
Prince
whatsoever
;
and
if
we
chuse
rather
to
mistake
the
truth
by
that
meanes
,
than
embrace
our
owne
salvation
,
and
the
right
managing
of
affair●
there
is
no
question
but
the
neglect
of
our
duty
deprives
us
of
the
glory
of
heaven
and
if
so
be
there
be
any
default
of
yours
in
this
respect
,
(
howbeit
your
vertues
doe
assure
me
of
the
contrary
)
the
state
of
religion
will
be
so
desperate
,
that
there
will
be
no
hope
of
remedy
left
.
de
Ferriers
of
bereaving
his
eldest
son
of
the
honour
that
belongs
unto
him
;
of
arrogating
unto
himselfe
power
over
the
Councell
,
and
prescribing
unto
it
what
it
must
follow
and
observe
.
Because
nothing
was
done
there
,
but
what
pleased
the
Pope
;
and
hereupon
they
stood
so
long
upon
determining
things
proposed
,
if
there
was
any
difficulty
,
because
they
must
send
to
to
seeke
the
Popes
resolution
Paul
Vergerius
Voyes
●es
commentaires
du
Sieur
president
de
l'
estat
de
la
religion
et
republique
so●s
Henri
et
Francois
et
Charles
I
desire
you
moreover
to
consider
a
little
,
and
throughly
to
informe
your selves
of
that
which
Pope
the
third
,
and
the
second
lately
deceased
,
were
wont
to
doe
:
they
framed
Ordinances
and
Decrees
to
their
carrier
,
then
they
sent
them
to
with
an
expresse
injunction
that
nothing
should
be
determined
,
but
what
they
commanded
.
Which
I
know
to
be
very
true
,
because
in
the
time
of
Pope
my selfe
being
then
Bishop
was
at
from
whence
I
was
ferreted
,
because
I
was
suspected
to
have
taken
notice
of
it
:
whereupon
they
were
afraid
lest
I
should
disclose
it
;
howbeit
I
knew
but
very
little
of
it
at
that
time
.
And
there
is
none
now
but
knowes
that
all
the
definitions
which
were
first
made
at
by
the
Popes
commandement
were
sent
afterwards
to
the
Legat
,
that
he
might
looke
well
to
this
,
that
the
divines
observed
the
same
order
and
platforme
in
their
disputes
,
as
was
prescribed
to
them
.
Whence
it
came
to
passe
,
that
they
commonly
say
nowadayes
,
The
Holy
Ghost
came
to
packt
up
in
a
Clokebag
Fabricius
Montanus
As
for
that
which
you
urge
and
account
for
a
fault
,
that
the
Pope
doth
not
submit
himselfe
to
the
Councell
,
but
rather
the
Fathers
of
the
Councell
are
subject
to
him
,
what
furtherance
can
that
bring
to
your
cause
?
You
rake
up
many
calumnies
,
not
crimes
,
which
you
doe
not
confirme
by
any
arguments
,
as
that
the
Fathers
of
the
Councell
doe
wholy
conforme
themselves
to
that
which
is
prescribed
in
a
certaine
schedule
containing
the
declaration
of
his
pleasure
.
Onuphrius
in
vita
Paull
Being
thus
highly
offended
with
the
Emperour
without
any
dissembling
of
it
,
he
beganne
to
thinke
of
suspending
the
Councell
(
which
he
had
formerly
commanded
to
bee
kept
at
in
courtesie
to
the
Emperour
)
and
of
removing
it
to
which
he
was
the
more
willing
to
doe
,
because
hee
had
understood
how
his
dignity●
was
taxed
and
disparaged
by
the
malice
of
some
su●orned
Prelates
,
in
certaine
sanctions
decreed
upon
in
an
odious
disputation
.
AEn●as
Sylviu●
i●
comment
●●●cil
.
Basil●
for
having
such
a
tender
regard
to
his
authority
,
when
they
went
about
an
Ecclesiasticall
reformation
;
in
so
much
that
if
hee
had
undertaken
to
reforme
himselfe
he
should
have
gone
more
severely
to
worke
AEneas
Sylvius
Mayence
:
Even
to
speake
truth
against
the
Pope
is
to
breake
the
oath
of
a
Bishop
.
They
shall
disclose
,
and
effectually
hinder
with
all
their
might
whatsoever
shall
be
plotted
,
negotiated
,
or
attempted
against
the
Pope
.
To
defend
the
Popedome
of
the
Church
of
against
all
sorts
of
men
Onuphrius
in
vita
Pii
spent
a
great
summe
of
money
in
the
celebration
of
this
Councel
,
considering
that
he
gave
liberall
allowances
for
diet
and
maintenance
of
the
poore
Bishops
and
Priests
,
and
to
all
the
Officers
of
the
Councell
:
a
thing
which
was
anciently
done
by
the
Emperour
.
●useb
.
lo●
Ch●odoret
l.
Euseb.
de
vit●●ons●antini
lib.
●heodoret
.
l.
Sozomen
.
lib.
Sulpitius
Se●erus
Sacra
hist.
lib.
AEneas
Sylv.
liv
Comment.
Concil
Bas.
Bellarm.
de
con●cil
.
author
.
l.
That
many
Prelates
are
not
yet
come
,
who
wee
know
very
well
are
upon
their
journey
,
and
especially
the
devout
and
noble
He
protested
(
as
he
may
doe
by
law
)
that
being
busied
in
great
warres
,
hee
is
not
bound
of
necessity
to
send
the
Bishops
of
his
Kingdome
to
the
Councell
of
inasmuch
as
they
could
not
have
free
and
safe
accesse
thither
;
and
because
the
Councell
it selfe
,
from
which
he
was
excluded
against
his
will
,
is
such
as
was
never
reputed
for
a
generall
one
of
the
whole
Church
;
but
rather
accounted
a
privy
Councell
,
invented
not
out
of
any
desire
of
reforming
discipline
,
and
restoring
it
,
but
for
countenancing
and
favouring
some
body
:
briefly
,
such
as
that
there
are
more
private
respects
than
publique
in
it
.
That
which
is
invalid
from
the
beginning
,
cannot
be
made
valid
by
tract
of
time
:
Vid.
Can.
principatus
D.
De
rejudicat●
l.
Sedet
&
manente
precariò
.
D.
De
prec
.
Canonist
in
ca.
qui
authoritate
de
praeb●n
.
in
Bald.
Cons.
&
alios
Wee
have
with
great
griefe
of
heart
been
given
to
understand
,
that
in
this
holy
Councell
things
are
not
carried
in
that
order
and
fashion
as
wee
and
all
devout
people
could
wish
,
and
which
the
miserable
state
of
the
Christian
common-wealth
,
and
our
distressed
religion
might
justly
require
,
which
growes
lesse
and
lesse
every
day
;
it
being
to
be
feared
,
that
if
convenient
remedies
bee
not
presently
applyed
,
the
issue
of
the
Councell
will
bee
such
as
will
minister
scandall
and
offence
to
all
Christendome
,
and
occasion
of
laughter
to
such
as
have
cast
off
their
obedience
to
your
Holynesse
,
and
the
holy
Apostolique
See
,
and
of
maintaining
with
greater
obstinacy
than
ever
those
severall
opinions
repugnant
to
our
faith
,
which
they
have
already
embraced
.
Alas
,
what
a
pitifull
thing
it
is
,
that
the
Fathers
and
Doctours
in
the
Councell
should
begin
to
abandon
themselves
to
quarrels
and
contentions
,
to
our
great
losse
and
discredit
,
and
to
the
scorne
and
derision
of
our
adversaries
?
Arnalt
Ferriers
That
the
would
not
acknowledge
the
fourth
for
Pope
;
and
that
according
to
the
command
which
they
had
received
,
they
charged
the
Bishops
and
other
Ecclesiastiques
of
to
retire
themselves
and
depart
from
the
Councell
.
Gl●ss
.
in
C●n.
●l●
.
caus
.
in
verb.
canoni●
before
a
judge
which
is
suspected
and
refuseable
,
is
not
bound
to
send
a
proctour
there
to
plead
the
causes
of
his
suspition
Tacitus
●ive
Quintilian
.
in
dialogo
de
causis
corrup
.
eloq
.
L'ordinance
d●●lo●●
Asconius
in
Verrinam
Matthias
Held
Sleidan
.
comment
.
lib.
that
a
Councell
where
the
Pope
and
his
adherents
have
the
commanding
power
,
ought
not
to
be
holden
legitimate
:
That
the
power
of
judging
belongs
not
onely
to
the
Pope
and
the
Bishops
,
but
to
the
Church
,
wherein
are
comprehended
Kings
and
other
States
:
That
the
Pope
in
this
case
is
a
party
:
That
it
is
not
only
his
power
and
excesse
which
is
called
in
question
,
but
his
lawes
and
doctrine
,
and
he
is
accused
of
heresie
and
idolatry
:
That
he
hath
already
condemned
those
whom
he
intends
to
judge
in
the
Councell
:
That
the
Convocation
of
it
is
not
such
as
was
promised
it
should
bee
,
namely
in
a
place
of
freedome
and
safety
,
and
that
in
one
or
other
of
the
Cities
of
Laurence
Surius
Iames
Estou●neau
Surius
ibid.
About
the
same
time
the
King
of
set
out
a
booke
,
wherein
he
shewed
the
little
account
he
made
of
the
Pope
of
and
that
he
would
neither
come
nor
send
his
Ambassadors
to
the
Councell
which
the
Pope
had
called
;
and
hee
ever
and
anon
put
in
good
store
of
jerkes
at
St.
Presently
after
the
King
of
put
forth
a
book
in
the
name
of
himselfe
and
the
Lords
of
the
Land
:
wherein
he
complained
that
the
Pope
took
upon
him
to
call
the
Councell
;
a
thing
not
in
his
power
to
doe
:
and
that
he
called
it
then
when
there
was
open
warre
betwixt
the
Emperour
and
the
Sleidan
.
comment
.
lib.
Besides
,
the
City
of
where
he
appointed
it
should
bee
,
is
no
sure
place
for
all
parts
,
nor
yet
convenient
.
For
his
part
he
desired
a
Christian
Councell
,
but
hee
would
not
goe
to
the
Popes
,
nor
yet
send
his
Ambassadours
:
for
their
common
practice
is
in
such
assemblies
to
oppresse
Christ
and
his
truth
for
their
owne
advantage
.
Nor
hath
he
any
thing
to
doe
with
the
Bishop
of
whose
Edicts
and
commandements
doe
concerne
him
no
more
than
any
other
Bishops
.
The
custome
was
to
call
Councels
by
the
authority
of
the
Emperour
and
Kings
,
and
it
were
fitting
that
custome
were
put
●n
ure
againe
,
especially
in
these
times
when
the
Pope
hath
so
many
vehement
accusations
laid
against
him
:
And
yet
it
would
cost
a
man
his
life
if
any
one
shuold
be
so
fool-hardy
as
to
reprove
him
and
accuse
him
to
his
face
,
unlesse
it
were
in
a
lawfull
Councell
.
Nor
he
,
nor
his
are
secured
by
safe
conduct
;
and
say
he
were
,
there
are
such
apparent
dangers
,
as
it
is
not
fitting
hee
should
come
there
:
for
it
is
no
new
thing
with
the
Popes
to
breake
promise
,
and
to
staine
and
imbrue
themselves
with
the
bloud
of
innocents
.
And
however
other
men
may
safely
go
thither
,
yet
for
his
part
he
cannot
,
and
that
for
reasons
wel
known
:
for
the
Pope
layes
snares
for
him
,
and
hates
him
mortally
,
putting
him
out
of
favour
with
other
King●
as
much
as
he
can
:
and
this
for
no
other
reason
,
but
because
hee
hath
ca●t
off
his
tyranny
,
and
withholden
his
which
mads
him
so
;
and
the
rather
,
because
hee
is
afraid
lest
other
Kings
by
his
example
may
ere
long
do●
the
like
.
At
this
instant
the
Councell
is
prorogued
till
the
first
of
November
,
without
any
mention
where
it
shall
be
kept
,
and
the
fault
is
put
upon
the
Prince
of
Is
not
this
to
gull
the
world
?
the
Prince
of
wrongs
no
body
if
he
will
not
abandon
his
City
to
so
great
a
multitude
without
a
garrison
:
but
all
the
blame
should
be
laid
upon
the
Pope
,
who
doth
not
as
yet
goe
roundly
about
the
busi●esse
,
but
is
ever
a
playing
trickes
and
treacheries
.
If
he
remove
the
Councell
to
another
place
,
he
must
take
a
City
that
belongs
to
some
of
his
feudatary
Princes
,
or
else
one
of
his
owne
:
for
he
hath
a
goodly
patrimony
,
with
many
faire
Cities
,
gotten
by
his
predecessors
either
by
force
or
knavery
,
and
now
kept
by
him
by
the
bad
title
of
coven
and
fraud
.
Now
seeing
that
almost
every
man
of
judgement
doth
despaire
of
ever
seeing
a
true
Councell
,
hee
thinkes
it
most
fitting
that
every
Magistrate
reforme
religion
amongst
his
owne
people
.
If
the
Pope
plead
custome
,
that
will
not
serve
the
turne
;
for
,
as
Saint
saith
,
Custome
without
truth
is
but
an
inveterate
and
grounded
errour
.
Therefore
this
is
his
advice
,
and
this
he
thinkes
the
best
course
;
but
if
any
know
a
better
he
will
readily
embrace
it
.
Sleidan
.
l.
V.
libellum
de
statu
Ecclesiae
Gallic
.
in
Schismate
pag.
That
the
publication
of
it
which
was
made
,
regarded
not
the
good
of
the
Church
Catholique
,
but
the
commodity
of
some
particulars
:
That
it
seemed
the
Pope
would
exclude
him
from
it
:
That
the
beginning
,
progresse
,
and
issue
of
his
Holinesse
designes
did
intimate
as
much
:
That
being
imployed
in
the
warre
which
hee
had
raised
up
against
him
,
he
could
not
send
the
Bishops
of
his
Kingdome
thither
,
seeing
they
could
not
have
safe
and
free
accesse
:
and
that
neither
he
nor
the
people
of
nor
the
Prelats
and
Ministers
of
the
Church
will
be
bound
to
it
hereafter
.
M.
Arnald
de
Ferriers
that
according
to
the
command
of
the
most
Christian
King
they
were
constrained
to
interpose
in
the
Councell
,
as
they
interposed
.
Augustin
.
in
in
breviculo
Collat.
cum
Donatistis
.
Et
Optatus
Meli●it
lib.
de
schismat
.
D●natist
.
Idem
August
.
in
Collat.
3.
dict
,
cap.
Idem
ib.
c.
Idem
ib.
c.
The
Emperours
commission
being
read
,
it
was
declared
how
the
Catholiques
had
demanded
the
conference
,
and
that
it
was
granted
unto
them
.
Sardis
,
where
the
Emperours
suffered
them
to
dispute
anew
all
that
had
been
controverted
and
canvassed
,
and
especially
of
that
holy
faith
and
the
integrity
of
that
truth
which
they
had
violated
:
Sulpitius
Severtus
Idem
Sulpitius
li.
Dubius
anni●
Hilarius
scilicet
sic
legendum
;
non
,
arbitrati
that
they
were
all
met
,
they
divided
themselves
into
two
companies
,
ours
tooke
the
Church
,
the
another
place
,
who
were
in
all
but
foure
score
;
the
rest
,
who
were
three
hundred
and
twenty
,
were
all
of
our
side
.
Many
of
our
men
,
partly
by
reason
of
faint
heartednesse
,
partly
of
distemper
which
their
long
journey
had
cast
them
into
,
yeelded
themselves
to
the
adversaries
;
who
after
the
returne
of
the
delegates
,
were
now
growne
the
stronger
party
,
and
had
bestowed
themselves
in
the
Church
when
they
had
expulsed
our
men
;
and
having
once
daunted
their
courage
,
they
ranked
themselves
in
great
troups
o●
the
other
side
.
Ariminum
;
Hilary
Vide
Epist.
Concil.
Aquileiensis
ad
Imp.
Gratian
Valentin
.
&
Theodos.
&
●●ta
●jusd
.
Concil.
How
necessary
this
Assembly
was
will
appeare
by
the
event
;
considering
that
those
two
enemies
of
God
,
defenders
of
the
sect
,
who
only
durst
come
to
the
Councell
,
after
they
were
convinced
of
their
impiety
,
had
such
a
sentence
as
they
deserved
passed
upon
them
to
their
face
.
Vide
Concil.
Constant.
●om
.
Conc.
Gratian
,
Valentinian
Can.
dist.
Aimonius
l.
V.
Acta
Conc●lii
Francof
.
to
,
In
this
Synod
heresie
was
condemned
the
third
time
.
Leo
in
epist.
Synod
.
Eph.
tom
.
●
.
Concil.
Idem
Leo
epist.
ad
Flavian
.
Constan.
Ad
Theod.
August
A
Iulianum
Episc.
Leo
epist.
ad
Constant.
Idem
epist.
August
.
V.
etiam
epist.
ad
Faustu●
et
ad
Marri
.
et
Faust.
as
the
manner
is
Pope
Leo's
a
reformation
both
of
the
Pope
and
Court
of
to
have
the
Cardinals
reduced
to
the
number
of
twelve
,
or
twenty
six
at
most
;
an
abrogation
of
scandalous
dispensations
;
a
calling
in
of
immunities
granted
against
common
right
;
a
reducing
of
Monasteries
under
the
jurisdiction
of
the
Bishops
of
the
Dioces
where
they
stand
Natalis
Comes
l.
an
abatement
of
the
multitude
of
Canons
and
Decrees
;
a
repeal
of
many
that
are
superstitious
;
a
reducing
of
Ecclesiasticall
constitutions
to
the
rules
of
Gods
law
;
prohibitions
against
proceeding
to
excommunication
,
unlesse
it
be
in
case
of
mortall
sin
,
or
publique
scandall
;
a
purging
of
Masse-books
and
Breviaries
,
and
expunction
of
that
which
is
not
taken
out
of
the
Scripture
;
a
joyning
of
certaine
prayers
&
orisons
in
the
vulgar
tongue
,
together
with
the
latine
hymnes
:
communion
under
both
kinds
:
a
mitigation
of
that
extreame
rigour
of
fasting
,
and
licence
for
eating
flesh
:
a
permission
for
the
marriage
of
Priests
:
a
rasing
out
of
divers
glosses
upon
the
Gospels
,
and
a
making
of
some
new
oaths
by
the
most
lea●ned
men
,
which
all
Curats
should
bee
bound
upon
great
penalties
to
receive
.
Natali●
Cames
lib.
France
his
oratour
said
when
they
proposed
these
demands
,
that
they
did
wonderfully
agree
with
those
of
the
Emperour
,
and
for
that
reason
they
had
deferred
the
proposall
of
them
;
supposing
that
if
the
other
were
assented
unto
,
they
should
also
be
satisfied
:
But
perceiving
the
lingrings
and
delayes
that
were
used
in
that
behalfe
,
and
withall
pressed
by
the
letters
of
the
King
their
master
,
they
were
constrained
to
make
a
motion
of
them
.
They
required
further
,
that
all
mandates
of
provision
of
benefices
,
all
reversions
,
reassumptions
,
resignations
,
holding
of
livings
in
trust
,
and
commendams
might
be
quite
taken
away
,
as
contrary
to
the
decrees
;
and
that
resignations
in
favour
might
be
banished
the
Court
of
as
forbidden
by
the
sacred
Canons
;
that
a
course
might
bee
taken
for
instructing
the
people
what
they
ought
to
bel●eve
concerning
the
worship
of
Images
,
and
to
cleare
it
from
all
superstitions
and
errours
,
if
any
were
crept
into
it
:
and
the
like
essay
to
be
made
about
indulgences
,
pilgrimages
,
reliques
of
Saints
,
and
fraternities
:
that
not
only
the
ancient
forme
of
publique
penance
might
bee
restored
in
the
Church
for
heinous
and
publique
offenders
,
but
also
publique
fasts
for
the
appeasing
of
Gods
wrath
:
that
generall
Councels
might
be
holden
every
ten
yeares
:
that
for
abridging
of
suits
about
benefices
,
that
distinction
of
might
be
taken
away
:
or
rather
for
the
utter
extinguishing
of
such
suits
,
that
Bishops
might
be
enjoyned
to
bestow
them
not
upon
such
as
seeke
after
them
,
but
those
that
are
worthy
of
them
and
avoid
them
;
and
for
certaine
proofe
of
their
merits
to
make
them
preach
sometimes
,
and
those
such
as
have
taken
some
degree
in
the
Vniversities●
upon
whom
onely
livings
might
be
conferred
by
the
consent
of
the
Bishop
and
the
people
.
Vid.
Centum
grav●mina
.
Et
●laudium
Espens●um
〈◊〉
comment
.
●d
cap
epist.
ad
Titum
pag.
Francis
Cheregat
apud
Iohannem
D'
Allier
That
the
most
experienced
and
wisest
Catholiques
thinke
that
the
people
who
are
puffed
up
with
a
desire
of
innovation
cannot
be
kept
in
obedience
to
the
See
Apostolique
,
nor
diverted
from
a
separation
to
which
they
are
inclining
,
unlesse
holy
orders
and
licence
of
preaching
be
conferred
upon
chast
married
men
,
to
take
away
the
liquorish
custome
of
keeping
Concubins
;
and
also
the
use
of
both
kinds
be
allowed
to
appease
the
minds
of
the
incensed
multitude
.
Concil.
pag.
in
Coloniensi
edict
.
facta
Item
apud
Sleidan
.
Et
ejus
capita
quae
dam
●eferuntur
ab
Espensaeo
in
co●●en●
.
in
epist.
ad
Titu●
.
pag.
That
all
the
discords
,
abuses
,
and
diseases
now
reigning
in
the
Church
,
which
hath
brought
it
almost
past
hope
of
recovery
,
proceed
from
the
Pope
and
Court
of
and
that
conceit
which
their
flatterers
have
buzzed
into
them
,
that
they
may
do
what
they
will
,
that
they
are
the
Lords
of
all
benefices
,
that
it
is
impossible
for
them
to
commit
Simony
,
considering
that
the
proprietary
may
lawfully
sell
what
belongs
unto
him
.
That
it
is
not
lawfull
for
the
Pope
to
take
any
thing
for
the
use
of
the
power
of
the
Keyes
,
which
Christ
hath
committed
unto
him
;
seeing
Christ
hath
commanded
,
Freely
ye
have
received
,
freely
give
.
First
,
that
the
supreme
Bishop
would
be
intreated
to
condescend
that
there
might
bee
some
reformation
in
himselfe
and
the
Court
of
Wee
heartily
thanke
the
Fathers
that
in
matters
concerning
the
correction
of
Ecclesiasticall
discipline
,
and
reformation
of
manners
,
they
had
so
much
respect
unto
our
authority
,
and
were
so
moderate
on
our
behalfe
,
that
if
wee
our selves
would
have
beene
our
own
reformers
in
what
concernes
us
,
and
not
have
left
all
to
the
Fathers
we
should
have
beene
more
severe
against
our selves
.
If
the●
Fathers
for
reasons
best
knowne
to
them
,
have
omitted
any
thing
,
or
beene
too
timorous
,
we
are
ready
to
releeve
their
modesty
,
and
supply
the
rest
,
as
being
left
to
our
judgement
.
Claudius
Espenseus
Claudius
Espensaeus
in
ep●
ad
Titum
c.
that
Councell
so
much
desired
by
all
men
,
interrupted
for
tenne
whole
y●eres
,
at
last
obtained
of
the
fourth
,
resumed
again
at
and
there
assembled
the
third
time
,
although
all
was
by
the
Pope
referred
to
the
Fathers
,
yet
it
s●
forbore
the
purging
of
the
Court
of
that
even
in
all
that
it
prescribed
to
inferiours
,
touching
the
reformation
of
manners
and
Ecclesiasticall
discipline
,
it
protested
that
the
authority
of
the
See
Apostolique
stood
safe
and
sound
;
in
the
Canon
of
the
ninth
and
last
Session
.
In
so
much
that
the
same
no
lesse
pious
than
sensible
hereof
,
did
heartily
thanke
the
Fathers
,
in
an
Oration
which
he
delivered
publikely
at
in
his
Consistory
of
Cardinals
,
who
were
there
assembled
in
great
numbers
,
that
they
had
such
a
specia●l
regard
of
his
authority
,
in
the
Ecclesiasticall
reformation
,
and
had
used
him
so
gently
,
that
if
he
should
have
undertaken
to
reforme
both
himselfe
and
th●se
about
him
,
he
should
have
beene
more
severe
.
What
remaines
,
then
but
that
he
refuse
not
the
authority
of
a
reforming
Councell
?
and
that
he
supply
what
the
Fathers
for
certaine
reasons
did
o●●it
?
and
that
wherein
they
were
over
timorous
,
it
being
left
to
his
discretion
,
as
he
promised
to
doe
in
that
Oration
?
For
if
it
was
as
truly
as
freely
spoken
by
Pope
that
the
corruption
of
manners
now
reigning
is
derived
from
the
head
to
the
body
of
the
Church
,
Ezek
9.1
.
Pet.
4.
it
is
requisite
that
his
successour
s●●●e
his
Sanctuary
,
and
beginne
at
his
owne
house
.
He
sees
well
enough
to
what
plight
the
Church
of
the
holy
Apostles
,
yea
the
whole
Church
of
is
brought
by
the
base
gaine
and
filthy
avarice
of
some
of
his
predecessors
;
who
sought
that
which
was
their
own
and
not
that
which
was
how
many
men
are
gone
away
from
it
within
these
few
yeeres
,
in
so
much
that
it
is
to
be
feared
there
will
more
goe
yet
,
if
hee
doe
not
now
at
last
apply
some
remedy
,
after
much
delay
of
salving
those
sores
wherewith
the
Church
is
oppressed
;
which
delay
,
the
longer
it
is
,
the
more
chargeable
it
will
be
.
The
principall
cause
of
these
so
long
stirres
,
is
,
because
for
so
many
yeeres
nothing
is
altered
,
nothing
amended
:
and
that
which
cuts
off
all
hope
of
reformation
,
is
,
that
they
would
see
a
reformation
in
all
the
rest
of
the
body
of
the
Church
,
who
have
suffered
for
so
many
hundred
yeeres
together
that
City
wherein
they
have
both
meere
and
mixt
power
and
jurisdiction
to
bee
the
most
deformed
of
all
.
For
what
excuse
can
they
alledge
,
or
what
can
they
invent
either
true
or
likely
,
they
to
whom
neither
King
nor
Emperour
,
people
nor
Clergy
,
not
a
Generall
Councell
,
no
nor
the
whole
Church
must
say
so
much
as
,
Why
doe
you
so
?
What
pretence
,
I
say
,
can
they
have
for
delaying
so
long
to
reforme
them
and
theirs
?
For
where
shall
wee
finde
under
the
Sunne
greater
licentiousnesse
in
all
evill
,
greater
outcries
,
greater
impunity
,
I
had
almost
said
infamy
and
impudence
?
Without
doubt
such
and
so
great
it
is
,
that
none
will
beleeve
it
but
he
that
hath
seene
it
;
none
will
deny
it
,
but
they
that
have
not
seene
it
.
Idem
Espens●●●●
ibid
pag.
I
will
omit
the
complaint
which
hath
ever
beene
made
thereof
from
age
to
age
,
even
from
St.
Vid
Paul●
&
Eustochii
Epist.
ad
Marcell●●●
inter
epist.
Hie●ony●a
.
Hugh
Capet
what
cleere
lights
of
fathers
hast
thou
brought
forth
in
the
time
of
our
predecessours
?
what
horrible
darknesse
hast
thou
poured
out
upon
our
times
,
which
will
redound
to
our
shame
and
dishonour
in
future
ages
?
Hildebert
Ludovicus
Bavarus
That
the
body
of
the
whole
Church
hath
beene
infected
by
that
ple●itude
of
power
which
is
allowed
unto
the
Pope
Let
the
faithfull
cast
their
eyes
that
way
,
those
who
have
visited
the
Church
of
which
I
might
more
truly
call
a
shop
of
traffique
,
an
horrible
den
of
theeves
shall
plainly
see
,
and
those
who
were
never
the●e
shall
learne
by
the
report
of
an
infinite
number
of
men
of
credit
that
it
is
become
the
receptacle
of
all
rogues
and
rascals
,
of
truckers
for
all
wares
both
spirituall
and
temporall
;
for
what
is
it
else
but
a
haven
for
Simoniacall
persons
,
who
repaire
thither
from
all
quarters
?
what
else
but
a
noise
of
Lawyers
,
an
assault
of
detractors
,
a
v●xation
of
honest
men
?
the
justice
of
the
innocent
is
there
in
hazard
,
or
else
is
so
long
deferred
(
unlesse
it
be
redeemed
with
money
)
that
being
at
length
quite
exhausted
,
and
wearied
by
infinite
troubles
,
they
are
en●orced
to
give
over
their
just
causes
full
of
commiseration
.
For
there
the
lawes
of
men
doe
ring
again
,
but
Gods
lawes
are
either
quite
dumb
,
or
at
least
very
rarely
understood
.
There
is
nothing
but
plots
and
projects
how
to
seise
upon
Christian
countries
,
to
win
them
by
force
of
armes
,
and
wrest
them
out
of
the
hands
of
such
to
whom
they
doe
of
right
appertaine
.
No
further
care
,
no
consultation
ever
about
the
conquering
of
soules
.
Besides
,
no
order
dwels
there
,
but
a
perpetuall
horrour
.
Ludovicus
Bavarus
William
Durant
De
Conciliis
It
seemes
to
bee
a
thing
considerable
,
that
it
is
most
expedient
&
necessary
,
that
before
any
thing
else
wee
should
proceed
to
the
correction
and
reformation
of
such
things
as
ought
to
be
corrected
and
reformed
in
the
Church
of
God
,
as
well
in
the
head
as
in
the
members
.
as
concerning
the
reformation
of
the
Catholique
Church
to
bring
it
about
profitably
with
perseverance
and
effectually
,
it
seemes
expedient
that
it
begin
at
the
head
;
that
is
,
at
the
holy
Church
of
which
is
the
head
of
all
others
.
Panormit
.
de
Concilio
Basil.
This
decree
concerneth
the
estate
generall
of
the
Church
,
and
the
matters
belong
to
a
generall
reformation
,
which
may
be
hindred
by
a
dissolution
,
as
it
was
by
the
dissolution
of
the
Councell
of
Francis
Petrarch
The
nest
of
treasons
,
wherein
the
venome
of
all
the
world
is
hatched
and
brought
up
.
Francis
Zabarel
Francis●us
Zabarella
in
tract●
de
schismate
pontificio
.
Co●cil
.
Con●stant
.
Sess.
That
there
might
bee
a
reformation
of
the
head
and
Court
of
Petrus
de
Atliaco
in
tract
.
de
reform
.
Eccles.
c.
Of
the
reformation
of
the
Church
,
The
second
consideration
is
of
such
things
as
ought
to
be
reformed
in
the
Head
of
the
Church
;
that
is
,
concerning
the
state
of
the
Pope
and
his
Court
of
Idem
cap.
Iohn
Gerson
Ioannes
Gerson
in
sermone
pro
viagio
Regis
Romani
.
in
Nicolaus
de
Clemangiis
in
lib.
de
ruin
.
&
reparat
.
Eccles.
Clemangius
in
lib.
de
lapsu
et
repar
.
just
.
pag.
De
hierarch●a
sub●●lesti
lib
Rachel
.
Benet
How
that
decree
was
necessary
to
curbe
the
ambition
of
the
Popes
of
AEnaas
Sylvi●us
de
Concilio
Bas.
lib.
in
fine
who
thrusting
up
themselves
above
the
Catholique
Church
,
thought
it
was
lawfull
for
them
to
doe
what
they
list
,
and
a
little
to
divert
the
thoughts
of
the
Popes
from
the
care
of
temporall
matters
,
considering
that
they
never
thought
of
spirituall
.
Gregory
Haymbourg
Gregorius
Haymburg
.
in
tract
.
de
refut.
primatus
petri
.
The
Councel
of
endeavouring
to
abolish
and
reforme
that
,
and
desiring
to
reduce
the
present
Vicar
of
Christ
to
some
forme
which
come
neer
the
life
of
Christ
,
hath
bin
letted
hither
towards
;
forin
the
prosecution
of
that
reformation
which
w●●
begun
,
so
soon
as
it
touched
upon
the
Court
of
there
was
such
a
storm
raised
against
it
,
that
the
ship
of
seems
buried
in
the
waves
,
where
it
swims
,
being
it
cannot
sink
.
Nicholas
Cusan
The
power
of
the
Bishop
of
ought
to
be
handled
in
the
first
place
,
Cus●nus
lib.
as
Gregory
in
a
Councell
where
they
medle
with
reformation
,
they
must
begin
at
the
head
.
That
when
the
head
is
sicke
all
the
members
are
sensible
of
it
,
and
that
the
health
of
inferiours
depends
upon
the
soundnesse
of
those
that
are
set
over
them
;
and
that
there
cannot
bee
a
greater
enormity
than
when
hee
who
thinkes
every
thing
lawfull
for
him
in
regard
of
his
uncontrouled
power
,
invades
the
right
of
those
that
are
under
him
.
Iames
de
Paradise
Seeing
then
wee
hold
it
possible
to
proceed
to
a
reformation
as
well
of
the
head
as
the
members
,
by
such
as
have
authority
and
presidency
both
spirituall
and
temporall
,
Iacobus
de
Paradiso
in
libro
de
septem
stat.
Eccles.
it
must
be
either
by
one
man
or
more
.
That
it
should
be
by
one
man
,
is
against
all
reason
,
how
eminent
soever
he
be
for
his
virtues
,
his
knowledge
,
his
worth
,
although
hee
bee
renowned
for
his
miracles
,
nay
in
my
opinion
not
by
the
Pope
himselfe
alone
.
For
there
are
so
many
Canons
,
Decr●tal●
,
and
Constitutions
made
by
●hem
already
,
as
are
good
for
nought
but
filling
up
parchment
to
no
purpose
,
without
working
any
reformation
.
Besides
,
seeing
it
is
evident
,
●ay
palpable
,
that
hi●
owne
Court
stands
in
great
need
of
reformation
,
a●
hath
beene
well
knowne
by
the
common
cries
of
the
last
Generall
Counc●●●●
;
which
Court
of
hi●
if
hee
either
cannot
or
will
not
reforme
,
which
he
covers
under
his
wing
,
how
is
it
credible
that
he
should
●eforme
the
Church
which
is
of
so
large
an
extent
?
Besides
,
it
may
be
objected
to
him●
Apply
the
salve
to
your
owne
sores
first
as
being
the
head
;
for
when
that
is
cured
,
you
may
with
lesse
difficulty
cure
the
members
;
wherefore
Physitian
heale
thy self
.
You
must
first
take
the
beam
out
of
your
owne
eye
,
and
then
you
may
take
the
mo●e
out
of
your
brothers
eye
,
else
you
will
do
no
good
by
an
inverted
order
.
Vnsavory
salt
is
not
good
for
seasoning
.
Wherefore
by
the
just
judgement
of
God
his
decrees
are
scarce
well
received
yet
,
nor
ever
will
be
till
he
have
reformed
himselfe
and
his
dependants
.
And
in
good
deed
I
thinke
the
chi●fe
cause
of
the
deformation
of
the
Church
is
the
wound
in
the
Head
,
which
hath
need
to
be
cured
first
and
formost
.
Wherefore
it
seemeth
to
me
an
incredible
thing
that
the
Catholique
Church
should
be
reformed
,
unlesse
first
the
Court
of
be
so
;
but
as
the
world
goes
now
,
we
may
see
how
hard
a
thing
that
is
.
Those
which
have
the
presidency
in
Councels
on
the
Popes
behalfe
,
when
they
see
that
matters
in
the
Councell
make
against
their
maisters
and
them
,
what
can
be
expected
from
them
,
but
that
they
will
withstand
the
decrees
of
such
Councels
with
might
and
maine
,
either
by
dissolving
them
,
or
sowing
dissentions
in
them
,
and
so
the
thing
shall
remaine
unperfected
,
and
we
be
driven
to
r●turne
to
the
old
wildernesse
of
errour
and
ignorance
?
Every
body
knowes
this
to
be
most
true
,
unlesse
it
be
some
one
haply
who
is
not
experienced
in
times
past
.
The
tragedy
which
was
acted
in
our
age
at
the
Councell
of
doth
sufficiently
prove
it
,
as
they
knew
well
who
have
laid
downe
the
story
before
our
eyes
.
Felix
Hemmertin
Felix
Hemmer●in
Cantor
Tubi●ensis
in
tract
.
de
libertate
Ec●lesiastica
.
I
protest
I
will
open
my
mouth
to
speake
in
parables
,
and
will
at
first
set
downe
such
propositions
as
are
things
which
we
have
seene
and
knowne
,
and
which
our
forefathers
have
declared
unto
us
,
and
which
have
not
beene
concealed
by
their
children
in
another
generation
.
Truly
by
reading●
turning
,
searching
,
perusing
,
and
examining
all
the
histories
,
and
all
those
that
have
beene
versed
in
them
,
we
finde
that
since
the
time
of
the
Prince
of
the
Apostles
,
through
all
his
successours
one
after
another
,
following
herein
those
that
have
writ
exactly
of
the
acts
and
affaires
of
the
Bishops
of
untill
this
present
,
we
never
saw
,
heard
,
nor
understood
that
greater
and
more
notorious
excesses
were
committed
in
point
of
avarice
,
ambition
,
oppression
,
cheating
,
cozening
,
naughtinesse
,
cruelty
and
severity
by
way
of
state●
and
under
colour
of
mildnesse
,
than
is
now
adayes
committed
by
great
and
small
that
have
any
command
in
the
house
and
Court
of
Iames
Piccolominy
Iohannes
Pe●ru●
Arrinab
.
in
epist.
ad
Iacobum
Piccolomini
Cardinalem
Papiensem
pag.
Ipse
provocator
●ell●
non
lacessitus
suit
.
Would
you
know
what
is
done
in
the
City
?
nothing
but
as
it
used
to
be
,
nothing
but
coursing
,
canvassing
,
and
plotting
;
the
saying
of
the
Philosopher
is
verified
,
the
Court
is
a
place
ordained
for
deceiving
and
being
deceived
mutually
;
the
Counsell
seldome
sits
;
the
Pope
is
mightily
troubled
with
cares
,
lest
any
should
thinke
that
it
was
the
zeale
of
thy
house
hath
eaten
me
up
.
Good
God
,
with
what
danger
i●
the
ship
of
St.
tossed
!
the
preaching
of
is
despised
;
the
doctrine
of
our
Saviour
neglected
;
and
in
the
Court
of
the
Church
of
which
is
the
head
of
all
other
Churches
there
is
no
soundnesse
from
the
sole
of
the
foot
to
the
crowne
of
the
head
.
Theodorick
Theodoricus
à
Nihem
de
●schism
.
l.
●ap
ult
Clemangius
de
●●ina
&
re●●●
.
●cal●s
.
Nichola●
Cl●mangiu●
Baptista
Mantuan
Espensaeus
in
epist.
ad
Titum
.
cap.
à
pag.
Mary
of
Mount
Carmel
Iohn
le
Maire
Iohn
le
Maire
Paulus
Langiu●
Monachus
Bozawiensis
in
Chronico
Cit●zensi
sub
ann.
The
desire
of
money
makes
all
things
saleable
at
Simony
is
tolerated
for
gold
;
pluralities
of
prebends
are
granted
in
great
number
;
all
benefices
and
dignities
of
what
condition
soever
are
reserved
for
the
Cardinals
,
Protonotaries
,
and
Popes
minions
;
graces
and
resignations
are
granted
without
any
stint
;
annates
,
or
halfe
of
fruits
are
exacted
without
delay
:
yea
,
not
only
those
annates
that
were
granted
by
Princes
for
three
yeers
in
the
time
of
Pope
the
third
are
yet
in
force
,
but
are
enhansed
dayly
;
pressing
and
oppressing
more
grieuously
than
●ver
.
And
if
the
Princes
doe
not
take
an
order
with
it
,
all
the
gold
and
silver
raked
and
squeazed
out
of
will
be
carried
to
at
time
and
time
,
as
into
an
holed
sacke
and
an
insatiat
gulfe
:
the
dismembring
of
monasteries
,
and
chopping
of
Churches
are
allowed
against
all
right
and
reason
:
the
government
and
administration
of
Churches
are
not
bestowed
on
those
that
deserve
best●
but
those
that
bid
most
:
the
elections
made
by
Bishops
are
commonly
rejected
,
and
devolved
to
them
of
great
store
of
money
is
exacted
and
extorted
for
the
purchase
of
Bishops
pals
,
to
the
detriment
of
the
Churches
.
By
reason
of
the
foresaid
grievances
.
and
such
like
as
proceed
from
the
Court
of
there
growes
nothing
but
ruines
,
destructions
and
miseries
over
all
Christ●ndome
.
AEneas
Sylvius
AEn●as
Sylvius
lib.
de
Concil.
Basil.
This
decree
was
necessary
to
divert
the
minds
of
the
Popes
a
little
from
the
care
of
temporall
things
,
seeing
they
never
thought
of
spirituall
.
Nicolaus
Cusanus
lib.
de
Concord
.
Cathol
c.
Theodoricus
à
Nihem
l.
de
schism
.
c.
De
Schismate
What
comes
there
of
all
this
pompe
,
of
so
much
temporall
meanes
,
wherein
the
Church
of
prides
her selfe
in
these
times
,
but
a
neglect
of
spirituall
matters
,
a
setting
up
of
tyrants
over
them
,
a
many
divisions
and
schismes
in
that
Church
,
and
many
other
malladies
?
This
is
well
enough
knowne
.
Iohn
Gerson
What
shall
we
thinke
is
to
bee
said
of
an
infinite
number
of
such
like
things
that
are
done
,
casting
aside
all
care
and
regard
of
all
spirituall
and
divine
matters
which
concerne
the
Christian
faith
and
religion
?
Vid
additionem
ad
glos
.
in
cap●
fundamenta
.
in
verbo
gens
Sancta
de
elect
.
in
Iohannes
Andraeas
The
same
the
Monk
said
,
that
being
founded
by
robbers
,
doth
yet
retaine
her
first
originall
,
being
called
because
she
corrodes
the
hands
Fontanus
in
addit
margin●
add
gloss
.
Vid.
Accurs
.
in
l.
Libertas
D.
de
regulis
juris
.
Iames
Fontanus
Alberius
in
Lexico
.
in
verb●
Roma
.
AEnaeas
Sylvius
AEneas
Sylvius
epist.
There
is
not
any
thing
which
the
Court
of
bestowes
without
money
;
even
the
imposition
of
hands
,
and
the
gifts
of
the
Holy
Ghost
are
set
to
sale
there
;
no
remission
of
sins
but
to
such
as
have
money
.
Matth.
Paris
.
in
Henric.
Matth.
Westmonast
.
l.
sub
ann.
Albertus
Argentin
.
in
Chro.
in
Ioan.
Thou
seekest
the
Pope
;
Hee
is
not
.
Wouldst
thou
see
the
Pope
?
This
is
he
Father
,
you
shall
be
Pope
He
that
shewed
me
your
visage
,
carried
me
into
a
most
filthy
stable
,
full
of
dirt
and
dung
,
where
I
saw
a
coffer
of
most
white
marble
quite
empty
;
you
are
that
coffer
,
which
you
must
fill
with
virtue
in
executing
this
charge
.
O
you
shepheard
and
stable-groome
,
clense
the
Court
and
See
Apostolique
,
which
is
now
nought
else
but
a
filthy
nasty
stable
of
villany
,
covetousnesse
,
and
Simony
.
Iason
in
l.
qui
Roma
Scia
.
n●
Ludovicus
Comes
in
Regal
.
Cancel
de
valo
.
exprim●
in
praesat
.
pag.
Felinus
in
cap.
De
rescrip
Ioannes
Andreaes
Gr.
p.
Petrus
de
Ferra●i●●
The
Emperor
like
the
Eagle
leaves
his
prey
,
&
does
not
as
one
insatiable●
set
his
teeth
to
every
kind
of
meat
:
but
it
is
otherwise
with
the
pope
,
who
like
the
universe
contains
all
things
.
By
these
upstart
and
unusuall
exactions
,
is
verified
the
saying
of
King
●f
recorded
by
in
his
book
of
the
Apothegms
of
to
wit
,
that
the
Harpies
doe
not
live
now
in
the
Iles
,
but
have
shifted
their
habitation
and
reside
in
the
Court
of
The
Pope
is
very
liberall
that
takes
a
great
deal
of
gold
for
a
little
peece
of
lead
.
The
Pope
in
this
had
found
out
the
Philosophers
stone
.
Idem
Ferrar.
in
●orm
.
libell
.
qua
uxor
agit
ad
dotem
.
in
verbo
,
matrimonium
pag.
The
Pope
hath
reserved
them
both
in
this
case
,
and
many
of
this
nature
,
to
fill
his
owne
purse
,
and
his
insatiat
Court.
Matth
West
monast.
l.
Prester
Iohn
V●
.
Paulum
Langium
in
Chron.
Citizen
.
si
sub
ann.
Theodoric
Vric
De
consolatione
Ecclesiae
Petrar●●
in
ep
Du
Ranchin
That
the
grim
porter
is
appeased
with
gold
;
that
heaven
is
opened
with
gold
,
and
Christ
himselfe
sold
for
money
.
Espensae●●
in
comment
.
in
epi
ad
Titum
.
cap.
Whose
distich
is
this
I
pray
you
?
Surely
it
is
not
onely
a
Poets
,
but
a
Philosophers
,
yea
a
Devines
,
yea
a
Monkes
,
and
that
an
Italians
,
namely
the
very
same
is
urged
also
by
the
Devine
,
professor
of
Hebrew
at
Clen●rd●●
in
epist.
yea
more
,
this
man
who
was
nothing
lesse
that
a
hath
ventured
to
expresse
the
same
in
this
other
distich
.
He
cites
these
verses
also
out
of
the
same
Author
.
— Vaenalia nobis Templa , sacerdotes , altaria , sacra , coronae , Ignes , thura , preces , coelum est vaenale , Deusque . We sell the temples , altars , priests , and all , Incense and fires , which we most sacred call , Crownes , vowes , and zealous prayers , we spare them not , Heaven with his lights , and God himselfe to boot .
Mantuan
lib.
de
calamit
.
temporum
O
that
our
holy
Father
Pope
would
understand
thus
much
,
and
at
my
request
now
at
last
take
notice
of
it
.
I
know
not
whether
his
immediate
predecessour
the
fourth
ever
heard
of
it
,
but
I
am
sure
he
tooke
no
order
for
it
.
Claudius
Espensaeus
in
comment
an
epist.
ad
Tit.
cap.
Ioannes
Andreas
i●
cap.
Sedes
.
In
Rescriptis
.
Si quid Roma dabit , nugas dabit , accipit aurum Verba dat : heu ! Romae nunc sola pecunia regnat . Hoc est Roma viris , avibus quod noctua . If Rome give ought , 't is nought : She takes your ware , And gives you words . Alas ! there 's none reignes there But Lady money now . And as the Owle's To other birds , so Rome to simple soules .
Toussaint
Denis
penitentiary
tax
Claudius
Espensaeus
in
comment
.
in
epist.
ad
Titum
cap.
Nicolaus
de
Clemangiis
in
tract
.
de
praesulibus
p.
L.
Plebeiis
.
C.
Theodos.
De
Episcop.
Eccles.
&
●leric
.
Toussaint
Denis
Paulus
Langius
in
Chronico
Citizensi
.
sub
ann.
Platina
in
Boni●acio
Theodorius
à
Nihem
de
schism
.
l.
Langius
,
Platina
About
the
tenth
yeere
of
his
Popedome
,
to
goe
more
cunningly
to
worke
in
that
matter
,
and
palliate
the
Simony
which
he
practised
under
some
colour
of
necessity
,
he
res●rved
to
his
exequeter
one
yeeros
first-fruits
of
all
the
Cathederall
Churches
and
Abbeys
that
were
vacant
Ludovicus
Comes
in
Regal
.
de
valor
exprim
p.
in
such
sort
,
that
whosoever
would
bee
preferred
by
him
to
any
Archbishoprique
,
Bishoprique
,
or
Abbey
,
hee
was
constrained
first
of
all
to
pay
the
first-fruits
of
the
Church
or
Monastery
,
to
which
hee
would
be
sent
;
although
perhaps
he
could
never
get
possession
of
it
,
for
this
scarce
ever
thought
of
that
:
Nay
,
on
the
contrary
he
was
wont
to
say
,
God
grant
he
may
not
get
possession
of
this
Church
,
or
that
Monastery
:
which
he
therefore
desired
that
hee
might
get
money
for
it
of
another
.
Now
these
first-fruits
were
rated
by
him
at
thrice
as
much
as
those
levies
which
were
formerly
made
,
for
discharge
of
ordinary
duties
,
by
l●tters
out
of
the
Apostolicall
Chamber
.
And
,
for
asmuch
as
all
those
that
desired
to
be
preferred
,
had
not
alwayes
so
much
money
in
their
purse
when
they
came
to
the
Court
as
was
needfull
,
Vsury
grew
so
frequent
at
Court
in
the
time
of
this
that
it
was
not
thought
to
be
a
sinne
any
longer
;
nay
,
such
Vsury
was
sometime
publiquely
required
in
the
presence
of
the
Iudges
and
Officers
of
the
same
Boniface
the
France
;
Here
follow
the
names
of
the
Archbishops
,
and
Bishops
of
the
Kingdome
of
and
also
of
all
Abbeys
,
Priories
,
and
other
benefices
within
their
circuit
,
with
the
tax
which
is
reserved
upon
them
for
the
See
Apostolique
,
when
they
come
to
bee
void
,
and
which
is
paid
for
annate
,
or
provision
.
Hieron
.
Gigas
in
tract
.
de
pension
.
q.
This
was
the
custome
till
the
time
of
the
tenth
,
what
time
it
was
ordained
,
that
annates
should
be
payed
out
of
pensions
also
,
if
they
amounted
to
twelve
ducats
of
Gold
in
the
Popes
booke
.
Item
,
it
is
to
be
considered
,
that
though
the
exactions
were
excessive
,
both
in
the
vacancies
,
and
otherwise
,
then
when
these
constitutions
were
made
:
Yet
after
the
repealing
of
them
,
in
the
time
of
Pope
and
at
this
present
they
are
more
excessive
by
halfe
:
For
then
in
case
of
vacancy
,
they
payed
but
but
after
that
repeal
ordinarily
there
was
more
exacted
in
the
vacancy
,
than
the
whole
taxe
came
to
as
sometimes
a
whole
yeeres
value
of
benefices
,
sometimes
two
.
Insomuch
that
some
pawned
their
Buls
to
the
usurers
,
as
the
Abbey
of
by
name
,
because
two
hundred
ducates
were
demanded
,
whereas
the
Abbey
was
not
worth
two
hundred
:
and
nine
hundred
for
St.
So
likewise
of
graces
expectative
,
they
tooke
two
parts
or
the
thirds
,
and
more
than
ever
was
accustomed
.
Marsilius
Patavinus
in
part
.
def
paci●
cap.
By
the
same
power
he
reserves
unto
himselfe
the
rent
and
revenues
in
all
places
whatsoever
,
of
all
benefices
for
the
first
yeer
of
their
vacancy
,
ingrossing
to
himself
by
that
means
all
the
treasures
in
the
world
,
wiping
all
Kingdomes
and
provinces
of
them
.
The
Court
of
and
the
Colledge
of
Cardinals
,
together
with
the
Pope
,
would
have
a
certaine
allowance
of
all
Bishops
that
are
preferred
there
Gu●lielm
.
Durand●●n
tract
.
De
modo
Celebrand●●oncilii
g●n●r
part
.
it
seemes
very
requisite
that
this
were
taken
order
with
.
For
this
heresie
doth
much
corrupt
the
Catholique
Church
,
and
the
common
people
;
and
the
remedies
which
have
beene
applyed
hitherto
are
quite
disrespected
,
inasmuch
,
that
the
contrary
is
usually
practised
in
the
Court
of
as
if
it
were
no
sinne
at
all
to
commit
Simony
,
or
if
it
were
not
all
one
to
give
first
,
and
then
take
,
as
first
to
take
and
then
to
give
.
Ioa●nes
Andr●●s
in
Ca.
inter
●aetera
de
o●fi●●●nar
.
E●tq
em
●itat
G●ynnerin
prag
.
Sanct.
●●t
.
De
Annatis
in
verbo
Annata
.
Nicola●s
●usan
.
●
lib.
de
Conc.
Cath.
c.
because
their
covetousnesse
is
so
insatiable
,
that
if
that
had
beene
resolved
upon
,
they
would
have
taken
both
.
Basil
;
The
world
cryes
out
of
the
gettings
of
the
Court
of
if
Simony
in
its
kind
be
an
heresie
;
then
sure
it
is
a
sacriledge
to
oppresse
inferiour
Churches
:
If
he
that
doth
such
things
,
according
to
the
Apostle
,
be
an
idolater
,
it
will
be
very
necessary
by
way
of
reformation
,
to
take
away
all
these
and
such
like
gaines
,
especially
because
the
Catholique
Church
is
scandalized
for
this
covetousnesse
of
her
governours
,
and
the
Church
of
more
than
other
Churches
.
Wherefore
it
is
expedient
in
this
holy
reforming
Councell
,
to
remove
that
especially
which
is
so
opposite
to
Gods
Lawes
,
so
prejudiciall
to
souls
,
and
so
scandalous
to
the
whole
Church
,
that
all
things
be
done
in
the
Church
of
and
other
Metropolitan
Churches
Clemangius
de
ruina
&
repar
.
Eccles:
Nicholas
Clemangius
The
Popes
,
over
and
above
the
former
charges
,
have
laid
other
tasks
upon
Churches
and
Ecclesiasticall
persons
,
to
fortifie
and
maintaine
their
Chamber
,
or
rather
their
Charybdis
:
For
they
have
made
a
Law
,
that
as
oft
as
any
Ecclesiasticall
person
dyeth
,
of
what
dignity
or
condition
soever
he
bee
,
or
exchangeth
his
benefice
with
any
other
whatsoever
,
their
chamber
shall
receive
all
the
fruits
and
revenues
for
the
first
yeere
next
insuing
,
rated
at
a
certaine
summe
according
to
their
good
will
and
pleasure
.
was
the
first
that
extended
the
use
of
annates
to
all
Churches
,
contrary
to
the
equities
of
all
Lawes
,
C●smo
Guy●nerin
in
P●●g
.
mat
.
Sanct.
de
annatis
in
verbo
anna●●
pag.
Theodoricus
de
Nihem
in
notis
ad
tra
l.
de
privilegiis
et
●ur
.
●mp
.
divine
and
humane
What
are
they
that
give
,
and
receive
annates
,
but
the
buyers
and
sellers
of
the
Temple
cast
forth
by
Christ
?
Theodorick
de
Nihem
There
is
no
reason
why
the
Pope
and
the
Cardinals
should
not
prefer
other
men
to
Bishopriques
,
Monasteries
,
and
other
Ecclesiasticall
dignities
and
freely
,
without
any
intervention
of
money
,
promise
or
compact
whatsoever
.
But
if
it
be
said
that
the
Pope
is
the
generall
steward
of
all
Bishopriques
,
Monasteries
,
and
other
Ecclesiasticall
preferments
,
and
of
all
the
goods
that
belong
unto
them
,
(
howbeit
no
such
thing
can
be
proved
out
of
the
Gospel
,
the
holy
Scripture
,
nor
by
the
testimony
of
the
Saints
,
)
yet
we
must
beleeve
and
maintain
that
this
jurisdiction
reacheth
no
further
,
than
to
the
giving
unto
discreet
and
faithfull
Popes
and
Cardinals
,
the
power
of
disposing
Ecclesiasticall
benefices
,
dignities
,
and
other
meanes
,
to
distribute
and
bestow
them
freely
,
as
they
have
freely
received
them
,
upon
serviceable
and
deserving
men
.
Besides
,
hence
it
is
that
they
never
regard
the
will
of
God
,
nor
the
benefit
of
the
people
committed
to
their
charge
,
but
their
own
gain
,
as
many
good
Devines
say
.
Hence
have
risen
every
where
some
great
errours
in
Christendome
,
and
grievous
defamations
against
the
Court
of
which
is
also
drawn
into
an
example
by
others
.
Idem
ibid
p.
What
then
,
if
hee
that
hath
the
power
of
preferring
make
a
law
,
that
he
which
will
be
preferred
to
such
a
dignity
,
shall
pay
before
his
preferment
one
full
yeeres
value
of
that
dignity
?
Many
great
Devines
are
of
opinion
,
that
it
is
a
heresie
to
hold
and
maintaine
that
such
a
law
may
be
observed
without
mortall
sinne
;
because
the
inferiour
cannot
abrogate
the
law
of
the
superiour
,
and
hee
can
make
no
such
law
of
himselfe
,
how
great
soever
his
state
and
glory
be
.
Whence
then
comes
this
power
of
making
and
observing
this
law
?
Ye
may
say
that
it
is
abusively
by
the
divels
suggestion
,
which
haunt
them
that
buy
and
sell
holy
Orders
;
which
obtaine
by
Simony
Bishopriques
,
Prebends
,
Curates
,
&c.
Idem
ibid
p.
Simony
is
alwayes
excepted
in
the
bestowing
of
Bishopriques
,
and
supreme
Sees
;
which
if
so
,
why
was
it
brought
up
by
the
Church
of
and
the
Churchmen
thereof
(
to
wit
,
the
Pope
and
the
Cardinals
,
who
were
then
at
that
those
who
should
be
preferred
by
them
to
any
Archbishopriques
,
Bishopriques
,
or
Abbeys
,
should
compound
with
the
chamber
Apostolique
,
and
for
the
ordinary
service
of
the
Lord
Cardinals
?
otherwise
none
should
be
preferred
or
created
Bishop
from
thenceforth
,
unlesse
hee
either
paid
or
entred
bond
for
the
payment
of
so
much
,
upon
most
damnable
forfeitures
.
Tract
.
de
privileg
&
juribu●
Imp.
p.
We
never
read
nor
is
it
credible
that
the
Emperour
did
ever
either
demand
,
or
receieve
by
himselfe
,
or
by
any
other
,
the
fruits
of
one
whole
yeere
;
no
,
nor
of
halfe
a
yeere
,
for
any
Church
,
Monastery
,
or
Ecclesiasticall
dignity
,
which
he
bestowed
upon
any
man
for
a
title
.
Why
then
is
the
contrary
pactised
by
some
Ecclesiastiques
?
It
is
a
strange
thing
:
And
perhaps
by
reason
of
the
excesse
herein
,
or
because
no
regard
is
had
to
the
ancient
laudable
customes
,
which
have
beene
left
by
the
holy
Fathers
to
the
Church
militant
,
the
covetousnesse
of
the
times
keeping
it
so
close
,
it
appears
more
in
deed
that
in
writing
,
in
what
sort
the
Catholique
faith
prospers
by
this
meanes
.
Greg.
Haymb
.
in
confut
primat
.
Pap.
The
Empire
being
thus
divided
or
vacant
,
they
proceeded
further
,
reserving
to
themselves
all
advowsons
and
dignities
how
Canonically
soever
disposed
of
;
yea
and
the
presentations
to
benefices
;
surcharging
withall
the
Bishopriques
,
and
other
livings
,
with
Annates
,
and
other
Symoniacall
exactions
,
for
investiture
into
these
livings
,
that
otherwise
belonged
to
the
Empire
;
that
the
Popes
by
this
meanes
might
squeaze
all
the
treasures
of
the
world
,
as
if
they
were
not
content
to
have
usurped
the
Empire
.
Concil
Const.
Sess.
Of
Annates
,
and
petty
services
.
Nicholas
de
Clemangiis
Albert
Crants
Albert
Crantziu●
Wandal
.
lib.
That
the
Archbishops
of
the
were
scarce
willing
to
give
way
to
this
imposition
,
because
the
Pope
received
the
first
fruits
,
which
was
a
great
pressure
to
Valaterran
.
Comment
l
Cap.
quomodo
servi
tractand●●
and
all
that
the
Cardinals
may
have
to
feed
their
beasts
.
Volaterranus
That
livings
are
there
bestowed
for
wages
,
and
the
spirituall
treasure
is
made
a
merchandise
.
〈◊〉
hoc
Arr●●●um
●pud
N●●
de
Clem●●
p.
〈◊〉
Basil
Sess
That
Pope
and
his
officers
should
from
thenceforth
give
over
and
abstaine
from
the
exaction
of
Annates
in
this
Kingdome
of
France
,
and
the
Countrey
of
The
holy
Councell
ordaineth
,
that
from
this
time
forwards
,
there
shall
bee
nothing
exacted
either
in
the
Court
of
or
else
where
for
letters
,
Buls
,
seals
,
Annates
,
common
and
petty
services
,
first-fruits
,
or
any
other
title
,
name
,
or
colour
whatsoever
,
for
confirmations
of
elections
,
admission
of
requests
,
provisoes
of
presentations
,
nor
for
any
collation
,
deposition
,
election
,
demand
,
or
presentation
to
bee
made
even
by
Lay
men
.
Nor
for
institution
,
installation
,
and
investiture
in
Churches
,
(
even
Cathedrall
and
Metropolitan
)
Monasteries
,
dignities
,
benefices
,
and
other
Ecclesiasticall
offices
whatsoever
:
Nor
for
Orders
,
nor
the
sacred
benediction
,
nor
for
the
Pall.
Paulus
Langius
in
Chr●ni
Citiz
:
sub
ann.
A
great
summe
of
money
is
extorted
for
the
purchase
of
Bishops
Palls
,
to
the
detriment
of
Churches
,
against
the
constitution
of
the
holy
Councell
of
which
ordained
that
nothing
should
bee
paied
for
the
Pall
,
nor
for
the
confirmation
or
obtaining
of
other
offices
.
P.
Rebu●●us
in
Concord
Rubric
.
de
man●
dat
.
Apostol.
§
s●n
.
Et
Rubric
.
de
Annat
Ordinance
d'
Orleans
Art
.
Peter
Rebuffus
This
constitution
as
being
about
a
money
matter
,
was
never
received
by
the
inhabitants
of
this
Kingdome
.
Orleans
;
Vpon
the
remonstrance
and
request
of
the
delegates
of
the
said
States
,
to
the
end
that
for
the
time
to
come
no
money
for
vacancy
,
nor
Annate
be
payed
for
the
grant
of
Archbishopriques
,
Bishopriques
,
Abbeyes
,
or
other
benefices
that
concerne
the
Consistory
;
we
have
determined
to
conferre
and
treat
more
largely
hereabout
,
with
the
Commissioners
of
our
holy
Father
the
Pope
;
and
in
the
meane
time
,
by
the
advice
of
our
Councell
,
and
according
to
decrees
of
the
sacred
Synods
,
and
ancient
Statutes
of
the
Kings
our
predecessours
and
the
arrests
of
our
Courts
of
Parliament
;
we
do
ordaine
that
all
transportation
of
gold
or
silver
out
of
our
Kingdome
,
and
all
payment
of
money
under
colour
of
Annate
,
Vacance-money
,
or
otherwise
shall
be
left
off
and
surcease
;
under
paine
of
paying
foure-fold
,
to
all
such
as
doe
contrary
to
this
present
decree
.
Whereas
at
our
comming
to
the
Crowne
,
at
the
request
of
the
three
estates
of
our
Kingdome
,
holden
in
the
City
of
by
the
advice
of
the
Princes
of
our
bloud
,
and
other
great
eminent
persons
of
our
privy
Councell
,
we
commanded
our
subjects
,
that
they
should
not
transport
or
carry
any
more
money
out
of
our
said
Realme
,
under
colour
and
pretence
of
Annates
,
and
Vacants
and
made
other
prohibitions
concerning
the
obtaining
of
benefices
by
anticipation
,
devolution
,
dispensation
,
or
such
like
meanes
of
dispatch
,
sent
out
of
the
Court
of
as
is
specified
in
the
copy
of
the
Ordinances
aforesaid
,
in
the
second
,
fourth
,
and
twenty
second
Articles
:
Which
prohibitions
were
published
in
our
Court
of
Parliament
,
and
other
the
jurisdictions
of
our
said
Kingdome
:
whereof
complaint
and
remonstrance
hath
beene
made
unto
us
by
our
dea●ly
and
welbeloved
Cozen
,
the
Cardinall
of
Legate
in
who
hath
entreated
us
to
restore
the
things
aforesaid
unto
that
state
wherein
they
were
before
the
said
Ordinance
of
We
declare
,
that
we
desire
to
render
all
honour
and
filial
devotion
to
our
Holy
Father
,
and
out
of
the
great
confidence
we
have
,
that
his
Holynesse
will
looke
to
provide
,
and
speedily
to
take
order
,
as
need
requires
,
that
the
matters
aforesaid
may
be
reformed
,
as
our
said
Cozen
,
the
Cardinall
of
his
Legat
,
hath
promised
unto
us
on
the
behalfe
of
his
said
Holynesse
,
and
whereof
indeed
he
hath
already
made
great
overtures
;
for
these
causes
and
other
considerations
us
thereunto
moving
,
having
a
regard
unto
the
foresaid
remonstrances
made
unto
us
,
with
the
advice
of
our
most
honoured
Lady
and
mother
the
Queene
,
the
Princes
of
our
bloud
,
and
our
Privy
Councell
:
we
have
removed
and
taken
away
,
and
doe
hereby
remove
and
take
away
the
prohibitions
aforesaid
,
and
the
penalties
annexed
,
to
be
imposed
upon
the
offenders
against
them
,
by
our
Edict
and
Ordinance
of
and
doe
make
void
the
Ordinances
aforesaid
,
for
the
reasons
before
mentioned
.
V.
Syloam
.
Locoru●
Communium
Henri●●
Token
.
Mathh
West
.
l.
sub
ann.
Exceptis
vari●s
e●olumentis
.
Matth.
Paris
.
sub
Henrico
Estat
de
Tours
That
he
received
more
pure
rents
out
of
than
the
King
himselfe
,
who
is
the
guardian
of
the
Church
,
and
the
governour
of
the
Kingdome
.
Theodoric
.
a
Nihem
lib.
de
schism
.
c.
&
in
tract
.
de
privileg
&
●u●ibu●
Imperii
p.
&
seq.
Marsiliu●
Patavinus
in
defens
Paci●
part
.
Iohann●s
de
Turrecremata
inc
.
Si
qui●
pe●unia
.
nu.
Iacobatius
l.
de
Con●il
.
art
Aug.
de
Anco●a
in
lib.
de
potest
.
E●clesiastica
.
q.
Et
alii
ab
iis
●itati
Concil.
dele●torum
Cardinalium
de
emendanda
Eccles.
Paulo
tertio
jubente
.
conscriptum
ann.
Extat
.
tom
That
it
was
not
lawfull
for
the
Pope
and
Vicar
of
Christ
,
to
make
any
gaine
out
of
the
use
of
the
power
of
the
Keys
,
committed
unto
him
by
Christ
:
For
it
is
Christs
command
Freely
yee
have
received
,
freely
give
.
Natalis
Comes
l.
Matth.
Paris
.
in
●ist
.
Angl.
sub
Henrico
Which
demand
the
third
,
King
of
having
passed
his
word
to
the
Pope
,
by
his
officers
,
for
the
paying
of
those
tenths
,
had
no
way
to
gainsay
.
But
the
Earles
and
Barons
,
and
all
the
Laity
did
oppose
it
,
refusing
to
engage
their
Baronies
and
demaines
.
As
for
the
Bishops
,
Abbats
,
Priours
,
and
other
Prelates
,
after
three
or
foure
dayes
consultation
,
they
at
last
condescended
to
it
,
with
a
great
deal
of
murmuring
;
fearing
the
sentence
of
excommunication
in
case
of
refusall
hee
was
not
bound
to
make
war
at
his
owne
charges
.
Mean
while
the
Legat
not
forgetting
himselfe
,
did
not
neglect
to
extort
both
money
and
meanes
for
himselfe
:
Idem
ibid.
pag.
Idem
pag.
for
compelling
every
one
to
pay
him
procurations
,
he
sent
certaine
rigorous
injunctions
,
to
the
Bishops
and
Archdeacons
to
this
effect
.
Why
he
would
suffer
Idem
pag.
considering
the
large
priviledges
thereof
,
like
a
Vineyard
without
a
wall●
to
ly
open
to
the
prey
and
desolation
of
passengers
;
He
replyed
,
●
neither
will
nor
dare
contradict
the
Pope
in
any
thing
.
Matth.
Paris
.
pag.
For
about
that
time
there
came
into
a
new
way
of
exaction
,
most
execrable
,
and
unheard
of
in
any
age
.
For
our
holy
Father
the
Pope●
sent
a
certaine
exacter
into
by
name
,
who
was
instructed
to
wipe
the
poore
of
an
infinite
masse
of
money
,
by
a
new
invented
mouse-trap
trick
.
For
hee
came
into
the
Chapters
of
the
Religious
,
cozening
,
and
compelling
them
first
to
promise
,
and
then
to
pay
,
after
the
example
of
other
Prelates
,
whom
he
lyingly
affirmed
to
have
payed
already
.
For
he
said
,
Such
and
such
a
Bishop
,
such
and
such
an
Abbat
have
already
freely
contributed
;
why
doe
you
slowbacks
delay
so
long
,
that
you
may
loose
your
thanks
with
your
courtesie
?
Besides
,
this
cheater
caused
them
to
sweare
not
to
reveal
the
manner
of
this
exaction
to
any
,
till
halfe
a
yeere
after
;
like
robbers
,
who
compell
those
they
rob
,
to
promise
that
they
will
not
speake
of
it
.
But
though
men
should
be
silent
,
the
very
stones
out
of
the
Churches
would
cry
out
against
such
rake-hells
.
casting
his
eyes
downe
for
shame
,
durst
not
say
mum
.
Matth.
Paris
.
sub
Henrico
Matth.
Wes●monas●
.
l.
sub
ann.
Matth.
Paris
.
in
Hen.
The
Kingdome
of
is
grieved
,
inasmuch
as
the
Lord
Pope
is
not
content
with
the
subsidy
of
Peter
pence
,
but
doth
extort
a
grievous
contribution
of
the
whole
Clergy
of
and
intends
to
extort
far
greater
yet
;
and
this
he
doth
without
the
assent
or
consent
of
the
King
,
against
the
ancient
customes●
liberties
,
and
lawes
of
the
Kingdome
,
and
against
the
appeall
and
protestation
made
by
the
Proctours
of
the
King
and
Kingdome
,
in
the
generall
Councell
.
Idem
Paris
.
in
Hen.
There
were
lately
brought
certaine
letters
from
the
See
Apostolique
,
containing
no
little
prejudice
against
the
King
and
Kingdome
;
to
wit●
that
the
Bishops
should
maintaine
some
ten
men
of
war
,
well
provided
of
horse
and
armour
,
some
five
,
some
fifteene
,
to
send
over
to
the
Pope
,
for
the
service
of
the
Church
,
for
the
space
of
one
whole
yeere
,
to
be
paid
by
the
Bishops
of
and
imployed
where
the
Pope
should
thinke
expedient
;
which
Knights
service
is
not
due
,
save
only
to
the
King
and
Princes
of
the
Realme
,
&c.
Idem
p.
The
Pope
taking
courage
to
trample
under-feet
the
poor
and
in
trampling
to
impoverish
them
,
commanded
the
Bishops
of
with
more
imperiousnesse
than
was
usuall
,
that
all
the
beneficed
men
in
should
contribute
unto
him
;
to
wit
,
such
as
were
resident
,
the
third
part
of
their
goods
,
and
the
rest
,
halfe
:
adding
withall
,
some
very
hard
conditions
.
Idem
p.
He
sent
to
one
M.
his
Legat
,
that
if
any
Bishop
should
make
dainty
of
paying
the
subsidies
which
he
demanded
,
under
colour
of
exemption
,
that
he
should
sesse
them
deeper
.
Ma●th
.
Westmonast
:
l.
sub
ann
By
reason
of
these
,
and
such
like
oppressions
,
there
was
a
great
murmuring
,
both
amongst
the
Clergy
and
people
;
insomuch
,
that
whatsoever
was
contributed
,
was
given
with
imprecations
;
or
to
speake
more
properly
,
and
not
conceall
the
truth
,
with
down-right
cursings
,
putting
the
Pope
in
minde
of
their
grievances
,
with
a
complaint
proceeding
from
the
bottome
of
their
hearts
,
and
setting
before
him
their
insupportable
oppressions
.
The
Church
of
is
intolerably
vexed
with
infinite
charges
,
in
the
tenth
of
all
their
goods
,
in
the
hastening
of
reliefes
,
in
the
money
levied
for
Souldiers
,
in
the
subsidies
divers
times
exacted
by
the
Legat
,
in
the
paying
of
Marks
,
in
the
twentieth
part
of
their
three
yeeres
revenues
,
in
the
subsidie
of
the
Empire
,
in
the
subsidie
granted
freely
.
Matth
Paris
.
p.
Matthew
Paris
The
charges
were
marvelously
increased
,
with
a
great
deal
of
overplus
;
and
flowed
day
by
day
from
the
Court
of
over
the
miserable
Kingdome
of
besides
the
burthen
,
and
unwonted
slavery
;
insomuch
,
that
the
Bishops
were
debarred
from
the
bestowing
of
their
benefices
,
till
they
had
discharged
these
exactions
,
and
yet
the
pusillanimity
of
the
King
never
contradicted
it
.
Horrible
burthens
,
and
unheard
of
oppressions
,
did
spring
up
daily
.
Wee
have
thought
fit
to
insert
in
this
booke
,
not
all
the
charges
,
for
that
would
be
a
very
hard
thing
,
nay
,
altogether
impossible
to
set
downe
,
but
onely
some
few
;
to
the
end
,
that
such
as
read
them
,
may
bee
sorry
for
them
,
and
pray
to
God
that
we
may
be
one
day
freed
from
them
.
Idem
p.
is
indeed
the
garden
of
our
pleasures
,
an
exhaustible
pit
:
and
where
there
is
abundance
,
out
of
much
,
much
may
bee
taken
.
Idem
Paris
.
p.
These
things
,
and
others
like
detestable
,
O
shame
!
O
griefe
!
did
spring
at
that
time
from
the
sulphureous
fountaine
of
the
Church
of
England
,
Scotland
Idem
p.
At
that
time
called
all
the
Bishops
of
together
at
by
virtue
of
the
Popes
authority
,
to
heare
his
commission
:
where
being
met
after
the
faculties
of
the
said
were
read
,
he
brake
with
them
,
requiring
of
them
all
an
infinite
summe
of
money
,
by
virtue
of
certaine
writings
full
of
injury
and
injustice
,
which
might
have
deeply
wounded
the
hearts
of
the
most
patient
men
:
if
that
sum
had
beene
levied
,
the
Church
of
yea
the
whole
kingdome
should
have
undergone
a
most
base
servitude
,
and
beene
throwne
into
an
irrecoverable
poverty
.
Idem
Paris
.
p.
Nicholas
de
Clemangiis
What
shall
I
say
of
the
spoyling
of
Prelates
?
of
the
too
too
usuall
tenths
,
and
of
other
taxations
?
Nicolaus
de
Clemangiis
de
ruina
&
reparatione
Ecclesiae
p.
What
should
I
doe
setting
down
particularly
an
infinite
company
of
other
tributary
impositions
,
which
are
dayly
exacted
of
the
most
infortunate
Clergy
?
Item
,
we
will
not
in
any
wise
,
that
there
bee
any
levie
or
collections
made
of
the
charges
and
exactions
of
moneys
,
imposed
by
the
Court
of
upon
the
Churches
of
our
Realme
,
by
meanes
whereof
,
our
said
Realme
hath
beene
impoverished
.
Matthew
Paris
Matth.
Paris
.
sub
Henrico
About
the
same
time
the
Pope
sent
his
authentique
letters
to
all
the
Bishops
in
in
particular
by
his
solemne
Nuncioes
,
to
the
Predicants
,
and
Minorites
,
intreating
them
that
every
one
of
them
,
according
to
his
ability
,
would
furnish
him
with
a
certaine
summe
of
money
,
which
hee
would
undoubtedly
repay
so
soone
as
he
begun
to
get
breath
.
This
comming
to
the
Kings
eare
,
who
suspected
the
avarice
of
the
Court
of
hee
sent
out
prohibitions
,
that
no
Prelate
of
his
Realme
should
impoverish
his
countrey
in
that
kinde
,
upon
paine
of
forfeiting
all
his
goods
.
And
so
those
sophisticall
Legats
of
the
Pope
,
upon
whose
shoulders
this
charge
was
laid
,
returned
out
of
the
Realme
empt●-handed
,
with
hissings
and
mockings
.
Matth.
Paris
.
in
Hen.
They
take
occasion
to
reserve
the
first-fruits
in
the
vacancies
,
and
to
extort
great
summes
of
money●
wherby
the
kingdome
is
exhausted
,
and
to
thrust
themselves
upon
the
Popedome
,
for
to
enrich
and
preferre
both
them
and
theirs
.
Imposing
tenths
and
other
subsidies
at
their
pleasure
,
without
ever
consulting
with
the
rest
of
the
Bishops
about
it
;
in
the
raising
whereof
,
there
is
no
meane
observed
either
of
justice
or
equity
.
That
an
infinite
deale
of
gold
and
silver
,
and
rents
were
transported
out
of
the
Kingdome
and
the
Province
of
to
the
prejudice
of
the
ancient
customes
,
and
the
undoing
of
the
Realme
,
to
the
irreparable
losse
and
damage
of
the
Common-wealth
,
and
the
miserable
desolation
of
the
Churches
,
aswell
such
as
were
of
royall
foundation
as
others
.
Mars●lius
in
de●ens
.
pa.
par.
So
that
this
Bishop
seeking
to
get
this
jurisdiction
over
earthly
Princes
,
although
wrongfully
,
by
such
a
kind
of
distribution
,
or
donation
of
such
like
temporall
,
matters
,
of
benefices
,
and
tenths
,
(
which
when
I
looke
upon
all
Kingdomes
at
once
,
doe
amount
to
an
inestimable
deal
)
hee
may
stir
up
a
great
deal
of
sedition
;
and
indeed
hath
ever
hithertowards
so
done
,
and
doth
yet
,
more
especially
in
the
Catholique
Empire
of
the
Nicholas
Clemangius
Marsilius
in
de●ens
pac
.
part
.
Adde
hereunto
a
new
branch
of
that
root
,
how
that
the
Bishop
of
by
virtue
of
that
plenitude
of
power
,
hath
forbidden
all
such
as
have
any
Ecclesiasticall
preferments
in
what
place
soever
,
to
make
any
testament
without
leave
from
him
;
and
hath
decreed
that
their
goods
shall
devolve
immediatly
to
his
See
,
whether
they
dye
intestate
or
otherwise
.
Charles
Paris
,
folio
That
our
judges
doe
not
in
any
case
permit
the
goods
of
such
as
die
,
to
bee
transferred
to
the
Pope
;
but
to
their
heirs
or
executors
,
or
others
to
whom
the
said
goods
of
right
appertaine
.
Certaine
Co●●ectors
,
and
other
the
Pope
of
officers
particularly
for
his
moneys
,
have
for
some
yeeres
of
late
oppressed
and
vexed
the
Church
and
Churchmen
of
our
Realme
and
Province
of
by
an
insufferable
slavery
,
in
seizing
upon
the
goods
of
the
Bishops
and
Clergy
men
,
both
Regulars
and
Seculars
,
presently
upon
their
decease
.
Matthew
Paris
Matth.
Paris
:
in
Henrico.
Hereupon
he
made
a
new
and
unheard
of
law
,
that
if
any
Clergy
man
from
thenceforth
should
die
intestate
,
his
goods
should
be
converted
to
the
Popes
use
.
Matthew
Westminster
Matth
West
.
monast.
lib.
The
Pope
reached
out
his
hands
further
to
get
and
grasp
within
the
clutches
of
his
covetousnesse
,
the
goods
of
all
such
as
dyed
intestate
,
not
without
wrong
and
damage
on
the
behalfe
of
Princes
.
Nicholas
Clemangius
Nicholas
de
Clemang
.
in
tract
.
de
praesul
.
Simoniac
.
p.
I
purposely
passe
over
those
things
which
it
is
a
shame
to
speake
;
as
the
open
toleration
of
whoredome
for
a
certaine
yeerely
summe
;
and
the
publique
permission
of
whores
and
Concubines
,
who
are
now
called
by
a
common
by
name
,
Baptis●a
Mantu●nas
d●
Nicolao
Tolentino
.
l.
V
Cons●itut
.
delectorum
Cardinalium
Paulo
exhibit
in
to
Concil.
edit
.
Colon
ann
Besides
,
the
whores
in
this
City
passe
along
the
streets
as
honest
women
,
and
ride
upon
their
mules
,
attended
on
the
high
light
day
by
the
chiefest
servants
or
retainers
of
Cardinals
,
and
by
Clergy
men
.
Wee
have
not
seene
the
like
corruption
in
any
oth●r
City
save
this
,
which
is
an
example
to
others
.
Besides
,
they
dwell
in
the
fairest
houses
.
This
vile
abuse
ought
to
be
corrected
.
Matthew
Paris
Matth.
Paris
.
in
hist.
Anglicana
p.
At
the
same
time
my
Lord
Legat
received
a
commission
from
the
Pope
,
to
wipe
faithfull
people
of
their
money
by
another
tricke
;
in
such
sort
,
as
shall
appeare
to
the
observing
reader
in
this
following
script
.
As
for
the
businesse
of
the
Crosse
there
were
somethings
determined
at
the
Councell
,
Idem
Paris
.
p.
very
profitably
and
wisely
,
but
as
soone
as
the
contribution
of
money
was
mentioned
,
they
contradicted
the
Pope
openly
and
to
his
face●
even
because
of
that
addition
which
was
generally
odious
.
That
they
should
contribute
their
aid
and
reliefe
,
by
the
hands
of
such
as
should
be
appointed
for
the
purpose
by
the
providence
Apostolique
for
as
much
as
the
faithfull
in
the
Chu●ch
have
very
often
complained
,
that
they
have
beene
cheated
by
the
Court
of
of
the
money
which
they
bestowed
for
the
maintenance
of
the
Holy
Land
.
P●ulus
Langius
in
Chron.
Citiz.
sub
.
ann.
Turke
.
At
the
same
time
he
created
other
thirty
Cardinals
,
of
whom
he
received
by
compact
fifty
thousand
crownes
:
hee
had
put
them
in
some
faire
hopes
,
but
being
either
not
able
or
not
willing
to
performe
his
promises
truely
out
of
S.
patrimony
;
however
to
stop
their
mouths
and
keepe
covenants
,
he
invented
this
meanes
,
or
rather
this
cheat
and
cosenage●
to
send
foure
of
his
Legates
into
divers
parts
of
the
world
,
to
levie
a
huge
masse
of
m●ney
under
pretence
of
a
war
with
the
And
that
with
many
indulgences
,
to
the
end
that
he
might
deal
amongst
those
new
creatures
of
his
,
the
Cardinals
,
all
the
money
that
was
collected
by
this
device
.
he
is
inforced
with
great
greedinesse
to
scrape
up
money
by
hooke
and
crooke
out
of
all
parts
of
Christendome
,
but
especially
out
of
by
means
of
his
Commissaries
sent
with
his
indulgences
,
under
colour
of
building
and
repairing
S.
Church
:
howbeit
Pope
his
predecessour
,
who
begun
that
work
with
great
care
and
magnificene
,
left
an
infinite
treasure
to
that
end
.
Yet
the
worke
begunne
goes
but
softly
and
slowly
on
:
and
no
marvell
,
considering
that
the
stones
which
are
hewen
by
day
,
are
(
as
it
is
reported
)
secretly
carried
away
by
night
to
the
great
Palace
of
the
which
is
now
a
building
;
and
the
money
which
was
collected
is
not
bestowed
upon
the
building
,
nor
imployed
against
the
Infidels
,
but
distributed
amongst
the
Cardinals
and
the
Popes
minions
.
Guicciardine
Cleremont
;
In
the
yeer
of
grace
the
second
Guilielm
.
Malm●sh
.
hist.
Angli●
.
lib.
who
sat
in
the
See
Apostolique
,
having
passed
the
came
into
the
cause
of
his
comming
which
was
publiquely
given
out
,
was
,
that
being
chased
out
of
by
the
violence
of
hee
came
to
sollicite
the
Churches
on
this
side
the
mountaines
to
assist
his
Holynesse
:
but
his
more
private
end
was
never
given
abroad
;
which
was
,
that
by
the
advice
of
he
might
stir
up
all
to
make
war
in
to
the
end
that
in
the
generall
hurly
burly
of
all
Provinces
,
might
with
case
possesse
himselfe
of
after
they
had
consulted
with
such
as
were
to
assist
them
.
Matth.
Paris
.
hi●●
.
Anglic.
in
Hen●ico
The
Pope
gave
his
Legats
power
to
absolve
the
crosse-bearing
King
of
his
vow
,
dispensing
with
him
for
going
to
alwayes
provided
that
he
should
goe
into
to
make
war
upon
the
son
of
late
Emperour
,
an
arch
enemy
of
the
Church
of
I●em
ibid.
p.
that
the
tenth
was
granted
for
the
reliefe
of
the
Holy
Land
,
and
we
are
compelled
to
turne
it
to
the
aid
of
against
the
Christians
Then
did
Pope
grant
great
indulgences
to
such
as
could
not
goe
,
but
on
condition
,
that
they
should
finde
money
for
that
use
:
So
as
he
that
gave
a
penny
was
to
have
one
yeers
pardon
,
he
that
gave
twelve
pence
,
twelve
yeers
pardon
,
and
he
that
would
give
as
much
as
would
maintaine
a
man
going
over
seas
,
a
plenary
pardon
for
all
.
And
the
Pope
appointed
certaine
men
whom
he
put
in
trust
for
the
receiving
of
this
money
.
A
man
cannot
conceive
the
great
summes
of
money
that
were
given
for
the
purchasing
of
these
pardons
for
five
yeeres
together
:
And
when
five
yeeres
were
gone
and
past
,
and
the
good
men
were
ready
to
goe
and
performe
what
they
had
promised
and
vowed
,
the
businesse
was
brooke
off
,
but
the
Pope
kept
the
money
,
the
Marques
his
had
a
share
of
it
,
and
the
King
,
and
other
who
had
taken
the
crosse
stayed
here
at
home
.
The
there
are
in
peace
and
quietnesse
,
and
I
thinke
they
may
yet
sleepe
securely
.
Alvarus
Gomecius
lib.
de
rebus
gestia
Francisc●
Ximenii
Nor
did
bee
use
lesse
diligence
in
appeasing
the
commotions
of
the
Clergy
which
were
then
a
foot
,
by
reason
that
Pope
the
tenth
by
authority
of
the
required
the
tenth
part
of
the
commodity
of
their
benefices
of
the
Clergy
.
It
was
demanded
under
colour
of
defending
the
Christian
Common-wealth
;
for
when
it
was
supposed
that
Emperour
of
the
having
conquered
the
and
put
him
to
an
ignominious
death
would
bend
his
forces
against
the
Pope
in
the
last
act
of
the
Councell
,
treated
with
the
Fathers
there
,
to
have
the
tenth
of
their
benefices
for
three
yeers
,
to
defend
the
sea
coast
,
and
fortifie
the
passage
against
the
enemy
to
the
utmost
of
his
ability
.
This
was
denyed
him
by
divers
,
who
thought
it
very
hard
to
see
their
livings
overcharged
in
that
kinde
,
contrary
to
the
decrees
of
other
Councels
,
and
the
constitutions
of
the
Popes
;
especially
seeing
Christian
Princes
,
to
whom
the
frontiers
belonged
,
were
not
mustering
any
armies
nor
made
any
semblance
of
war
.
The
Pope
on
the
otherside
maintained
,
that
there
was
the
like
necessitie
now
as
at
the
Councell
of
the
fifth
.
For
what
greater
cause
could
there
be
to
move
them
,
than
the
preparations
of
the
publique
enemy
of
Christianity
for
the
invading
of
The
Clergy
of
who
were
imboldened
by
the
Bishop
of
the
Kings
Lievetenant
there
,
and
liberty
which
all
in
that
Kingdome
enjoy
at
their
meetings
in
provinciall
Synods
,
determined
to
deny
the
payment
of
those
tenths
.
But
forasmuch
as
it
neerly
concerned
them
to
take
the
authority
of
the
Archbishop
of
along
with
them
,
who
was
in
great
account
with
the
Pope
;
aswell
the
Bishop
of
as
the
other
Bishops
of
intreated
him
by
letters
to
undertake
the
cause
of
the
Clergy
,
and
that
he
would
not
suffer
,
being
such
a
potent
man
in
the
Province
as
he
was
,
(
wherein
he
outwent
all
his
Predecessours
)
the
immunities
of
the
Clergy
to
bee
so
farre
prejudiced
.
who
had
taken
order
that
it
should
not
be
put
in
execution
in
answered
them
courteously
and
with
all
mildnesse
,
promising
them
that
he
would
doe
whatsoever
lay
in
his
power
,
for
the
preservation
of
their
Ecclesiasticall
liberty
.
But
in
the
mean
time
he
advised
them
to
dissolve
their
assembly
,
and
expect
in
patience
what
would
be
the
event
of
things
;
that
he
would
treat
with
the
Pope
and
the
Emperour
hereabout
,
and
that
he
hoped
the
issue
would
be
to
their
content
.
Whereupon
he
thought
fit
in
the
first
place
to
acquaint
the
Emperour
,
to
whom
he
writ
his
advice
to
this
effect
;
That
seeing
the
Clergy
of
had
begunne
to
oppose
by
calling
of
Synods
,
that
ours
may
have
the
like
assemblies
,
to
examine
the
grounds
of
these
exactions
,
and
try
whether
that
were
true
which
the
Pope
alledged
or
no
;
providing
that
in
imitation
of
the
Kings
of
the
Clergy
did
not
meet
to
determine
such
controversies
elsewhere
than
in
the
Kings
Court.
On
the
other
side
he
writ
to
his
Proctour
at
to
goe
and
greet
the
Pope
with
all
reverence
,
and
offer
unto
him
in
his
name
,
not
only
the
tenths
of
his
Dioces
,
but
even
all
the
commodity
,
all
the
moveables
of
the
Churches
,
all
the
gold
and
silver
coyned
or
uncoyned
,
which
could
be
found
in
the
Priests
coffers
,
and
the
Chappels
and
Churches
;
but
that
he
should
earnestly
intreat
him
withall
,
openly
to
declare
his
purpose
and
resolution
concerning
the
preparation
of
the
Holy
Warre
.
For
he
would
never
be
a
meanes
to
make
the
Clergy
tributary
(
whom
hee
had
appeased
,
having
been
already
in
some
commotion
)
without
very
just
cause
.
He
injoyned
his
Proctour
also
to
inquire
diligently
,
what
was
the
determination
of
the
Councell
of
concerning
those
tenths
having
informed
the
Pope
of
these
things
,
together
with
Cardinals
,
the
Popes
privado's
,
they
made
him
answer
in
this
sort
;
That
the
Pope
had
not
as
yet
imposed
any
tenth
upon
the
Clergy
,
neither
by
authority
of
the
Councell
nor
otherwise
:
Nor
would
he
impose
any
but
in
case
of
extremity
,
and
when
his
affaires
did
not
only
require
,
but
compell
him
so
to
doe
,
according
to
the
last
Decree
of
the
Councell
of
But
he
laid
the
blame
upon
Archbishop
of
the
Popes
Nuncio
in
who
had
(
as
they
said
)
divulged
these
things
very
iudiscreetly
.
Wherefore
the
Clergy
of
might
sleep
secure
for
ought
that
concerned
the
paying
of
tenths
.
And
there
was
besides
a
Bull
of
the
Popes
shewed
to
the
Proctour
,
which
was
shortly
to
bee
published
,
which
concerned
the
Act
of
the
Councell
.
Yet
so
soone
as
hee
understood
all
these
passages
from
did
not
let
for
all
that
to
call
the
Clergy
together
,
who
met
all
at
a
little
before
hee
went
to
who
was
present
at
that
Synod
,
as
Proctour
of
the
Church
of
as
appeares
by
his
epistles
declares
how
that
it
was
adjudged
by
common
consent
to
deny
that
tenth
;
which
consultation
was
commended
by
the
Archbishop
of
promising
to
patronize
and
defend
it
if
need
required
.
It
is
also
plaine
,
out
of
the
Epistles
of
set
out
under
the
name
of
that
this
tenth
was
really
exacted
,
and
that
it
was
no
flying
rumour
or
opinion
.
But
,
as
I
thinke
,
in
only
,
or
other
of
the
Popes
dominions
.
Some
yeers
agoe
the
Popes
of
in
despite
and
contempt
of
the
Decrees
of
ancient
Fathers
and
Generall
Councels
,
have
brought
all
Ecclesiastical
dignities
,
Cathedral
,
and
Collegiate
under
their
disposall
,
and
all
others
of
greatest
value
next
after
Bishopriques
;
they
have
granted
livings
in
reversions
upon
the
Vacancie
to
any
that
would
sue
for
them
,
which
hath
beene
an
occasion
for
one
to
thirst
after
the
death
of
another
:
They
have
invented
abundance
of
tricks
,
whereby
they
have
utterly
annihilated
the
power
and
authority
of
the
Bishops
,
Chapters
,
and
Colledges
;
insomuch
that
there
is
none
now
that
hath
the
power
to
present
to
a
living
.
Bernardus
Clarevall
lib
de
consider
ad
Eugenium
De
Consideratione
Eugenius
;
Never
tell
mee
of
the
words
of
the
Apostles
,
who
saith
,
Being
free●
I
am
made
the
servant
of
all
.
The
case
is
far
otherwise
with
you
:
for
to
my
knowledge
there
come
unto
you
from
all
parts
of
the
world
,
ambitious
people
,
covetous
,
Symoniacall
,
sacrilegious
,
adulterous
,
incestuous
,
and
such
like
monsters
of
men
,
to
obtaine
,
or
retaine
Ecclesiasticall
dignities
by
your
Apostolique
authoritie
,
&c.
Guil
Dura●d●
in
●●act
d●
modo
celebrandi
Concil.
gener
.
part
.
That
Ecclesiasticall
benefices
which
belong
to
the
collation
and
disposall
of
Bishops
are
bestowed
by
the
S●e
Apostolique
,
and
others
,
even
before
they
be
void
,
and
that
not
only
in
the
Court
of
but
out
of
it
,
howbeit
the
Bishops
must
give
an
account
of
the
cure
,
and
of
those
that
execute
them
,
whose
consciences
they
are
utterly
ignorant
of
,
in
asmuch
as
they
are
none
of
their
preferring
.
Marsilius
in
par●
.
defens
.
c.
Pet●us
de
Alliaco
in
lib.
de
reformat
.
Eccles.
in
It
is
further
expedient
to
provide
against
certaine
grievances
which
are
offered
to
other
Prelates
and
Churches
by
the
Church
of
namely
about
bestowing
of
livings
and
election
of
dignities
,
Nicholas
de
Clemangiis
Clemangius
De
ruina
&
reparat
.
Eccles
p.
Gerson
in
decla
defectuum
virorum
.
Eccl.
c.
Iohn
Gerson
Marke
what
that
meanes
that
now
adayes
Bishops
,
Prelates
,
and
Parish
Priests
are
mostly
elected
by
the
Pope
The
Prelats
and
other
ordinary
dispensers
,
as
also
the
Patrons
are
deprived
of
their
right
,
the
Hierarchy
of
the
Church
is
confounded
,
and
many
other
things
are
committed
contrary
to
the
lawes
of
God
and
man
,
to
the
losse
of
soules
,
and
the
oppression
of
the
Churches
of
our
Realme
.
That
if
the
King
doe
not
undertake
to
defend
them
,
considering
the
quality
of
their
persons
,
the
power
and
authority
of
the
Holy
See
Apostolique
,
they
shall
not
be
able
to
resist
the
usurpations
and
impeachments
which
any
subject
of
the
Realme
,
and
others
ambitious
of
preferment
,
will
make
against
the
electors
,
which
have
the
right
of
election
or
ordinary
donation
,
by
censures
Apostolique
.
And
by
this
meanes
all
this
Kingdome
,
which
is
already
at
a
low
ebbe
,
and
very
poore
,
shall
bee
stripped
and
dispoyled
of
that
little
money
which
remaines
of
the
former
exactions
.
Paulus
Langius
in
Chron.
Citiz.
sub
ann.
Card.
Zabarella
in
c.
licet
.
extr.
de
elect
.
That
the
Pope
usurps
all
the
rights
of
inferiour
Churches
,
that
he
ingrosseth
to
himselfe
all
power
and
jurisdiction
,
making
nothing
,
as
it
were
,
of
other
Bishops
;
which
he
doth
not
according
to
Saint
paterne
.
Marsilius
Marsilius
Patavin
.
in
def.
pac
.
part
.
That
the
Popes
ar●ogate
unto
themselves
a
coactive
power
and
jurisdiction
over
the
ministers
of
all
Churches
of
the
world
,
and
that
they
have
expressed
by
their
decretall
epistles
,
that
the
dispensing
and
disposing
of
the
temporall
meanes
of
all
Clergy-men
belongeth
unto
them
,
to
doe
with
them
as
they
list
,
without
ever
asking
the
consent
of
any
Colledge
or
particular
person
,
of
what
dignity
or
authority
soever
.
That
in
the
time
of
those
of
begunn●
to
goe
about
to
hinder
elections
,
and
let
loose
the
raines
to
the
former
inconveniences
;
but
that
he
by
good
advice
and
Counsell
made
an
edict
,
and
decree
to
the
contrary
.
Et
in
libello
de
Sta●u
Eccles.
Gallic
.
in
schismate
p.
Lewes
Hutin
You
have
seene
many
,
which
at
their
comming
from
their
studies
and
Schooles
;
nay
,
which
is
worse
,
from
the
plough
,
have
betaken
themselves
to
the
care
of
the
Church
,
and
government
of
Parishes
,
and
other
benefices
,
after
they
had
practised
servile
arts
;
which
understood
as
little
yea
,
which
could
not
read
,
and
(
which
I
am
ashamed
to
speake
)
could
not
distinguish
a
B
from
a
Bull-foot
.
Marsilius
Patav
.
in
part
.
def.
pac
c.
In
stead
of
sufficient
and
approved
men
,
out
of
the
plenitude
of
their
power
,
they
ordaine
such
as
are
ignorant
of
divinity
,
meere
idiots
,
and
without
scholarship
,
and
oft-times
debauched
persons
,
and
notorious
offenders
.
Charles
And
when
there
is
any
question
of
preferring
men
to
elective
dignities
,
they
never
used
those
wayes
which
ought
to
be
observed
,
and
which
are
appointed
,
to
examine
and
try
them
;
whence
it
comes
to
passe
,
that
it
being
not
possible
that
the
Pope
should
know
all
men
,
and
the
state
of
the
Churches
,
he
admits
divers
into
those
dignities
who
are
unworthy
of
them
,
and
sometimes
such
as
are
unknowne
to
him
,
but
by
their
money
.
Pragmatica
Sanctio
Car.
That
unworthy
persons
unknowne
,
and
unexamined
,
are
preferred
by
the
Popes
to
the
greatest
dignities
,
and
fattest
benefices
of
this
Kingdome
.
V.
Libel
.
d●
Statu
Eccl.
Gallic
.
in
schis
p.
So
illiterate
people
,
and
not
Ecclesiasticall
,
should
be
preferred
to
livings
,
as
we
have
formerly
seene
.
That
at
the
government
of
Churches
is
committed
to
those
who
are
the
least
worthy
of
them
,
and
who
would
bee
more
fit
to
governe
and
feed
Mules
than
men
.
Marsilius
Patav
.
in
d●f
.
Pacis
par.
let
him
answer
Christ
,
who
against
or
after
elections
,
made
or
to
be
made
,
among
other
monsters
which
he
hath
made
,
and
doth
yet
make
,
hee
hath
created
two
Bishops
,
his
owne
countrey
men
of
one
of
the
other
of
over
those
people
with
whom
they
cannot
have
any
conference
by
discourse
.
As
for
their
manners
and
learning
,
it
concernes
not
me
to
speake
of
them
.
Let
the
Bishop
of
tell
mee
,
say
I
,
how
that
shepheard
shall
call
his
own
sheep
by
their
name
,
as
knowing
their
conditions
by
their
confessions
,
and
reproving
them
?
or
how
can
the
sheep
follow
him
by
hearing
the
voyce
of
his
preaching
and
teaching
?
Iohn
Gerson
Gerson
in
decl
.
de
defectu
virorum
Eccles.
c.
That
knowne
men
,
and
such
as
are
most
fitting
,
be
elected
out
of
the
same
Countrey
;
that
strangers
in
manners
,
Language
,
and
education
,
bee
not
sent
and
set
over
Churches
.
Howbeit
that
by
priviledges
expresse
,
and
Ordinances
royall
,
no
man
can
have
any
elective
benefice
within
our
said
Kingdome
,
unlesse
he
be
a
native
;
and
that
for
the
safety
of
us
and
our
said
Kingdome
,
and
it
concernes
us
much
that
the
Bishopriques
,
Abbeys
,
and
other
dignities
,
and
elective
benefices
be
furnished
with
able
and
knowne
men
,
such
as
will
comply
with
us
,
and
be
firme
and
sure
for
us
;
especially
such
as
hold
the
said
benefices
,
and
by
reason
of
them
divers
places
and
fortresses
,
for
which
divers
duties
and
services
belong
unto
us
from
them
:
yet
notwithstanding
our
late
pious
Father
granted
the
said
favours
and
patents
so
plentifully
,
and
to
all
manner
of
persons
of
what
Nation
,
Kingdome
,
or
Religion
soever
they
were
without
distinction
,
that
many
under
shadow
and
pretence
of
these
licences
and
patents
,
have
insinuated
and
intruded
themselves
into
the
said
dignities
and
elective
benefices
of
our
said
Kingdome
,
and
doe
hold
them
;
howbeit
many
of
them
are
strangers
unknowne
,
and
not
to
be
trusted
by
us
;
and
such
as
neither
can
nor
ought
to
performe
those
duties
and
services
,
which
they
are
bound
to
doe
unto
us
by
reason
of
the
said
benefices
.
By
this
meanes
strangers
would
be
pr●ferred
by
the
Pope
,
and
not
the
natives
of
the
Countrey
,
wherein
the
benefices
lye
;
not
of
the
same
qualities
and
conditions
with
the
Countrey
:
Whereupon
would
insue
questions
and
controversies
betwixt
the
Churchmen
or
Seculars
,
to
the
great
hindrance
of
the
salvation
of
soules
,
and
irreverence
of
the
blessed
Sacraments
.
Blois
;
We
mean●
not
that
from
henceforth
any
shall
be
preferred
to
any
Archbishopriques
,
Bishopriques
,
Abbeys
,
or
to
be
Generals
of
Orders
,
neither
by
death
,
resignation
,
nor
otherwise
,
unlesse
he
be
a
naturall
notwithstanding
any
dispensation
or
clause
derogatory
to
these
presents
which
they
can
obtaine
from
us
,
whereto
we
will
not
have
any
regard
to
be
had
.
Consil.
delectorum
Cardina●ium
.
to
Con●il
.
edi●
.
Colon.
ann
That
no
benefices
be
conferred
upon
any
nor
on
the
contrary
:
Which
ought
to
bee
observed
aswell
in
Presentations
upon
vacancy
by
death
,
as
by
resignations
,
wherein
regard
is
only
had
to
the
pleasure
of
the
resigner
,
and
nothing
else
.
They
insert
divers
clauses
in
th●ir
Buls
which
are
sometimes
inextricable
;
they
make
divers
rules
beside
the
law
,
or
else
quite
against
law
,
which
they
revoke
at
their
pleasure
;
insomuch
that
the
most
clear-sighted
cannot
discerne
who
hath
best
right
amongst
divers
pretenders
.
Hence
arise
infinite
suits
in
law
,
which
they
must
goe
and
prosecute
out
of
the
Kingdome
with
great
expence
and
charges
.
Divers
of
our
subjects
and
others
,
by
virtue
of
resignations
,
or
Apostolique
Buls
,
doe
take
and
receive
,
and
endevour
to
get
and
obtaine
benefices
within
this
Realme
,
V
Libel
:
de
Statu
Eccles.
Gallic
.
in
schism
.
p.
and
take
possession
of
them
,
and
labour
to
summon
,
or
cause
to
bee
summoned
our
●●ige
subjects
unto
the
Court
of
or
before
some
Commissioners
or
Delegates
appointed
by
our
Holy
Father
;
which
is
downright
to
oppose
the
rights
and
liberties
of
the
Church
and
Clergy
.
Lewes
Nicholas
de
Clemangiis
Nicolaus
de
Clemangiis
in
De
ruina
&
reparat
.
Eccles●
p.
It
is
hard
to
finde
any
one
,
though
he
make
his
title
to
appeare
as
clear
as
the
day
,
that
goes
away
with
a
living
without
all
dispute
:
For
then
they
thinke
their
Court
to
be
most
flowrishing
and
fortunate
,
when
it
rings
with
a
multitude
of
causes
,
suits
,
quarrels
,
and
wranglings
,
with
a
wild
and
furious
noise
:
and
on
the
other
side
to
bee
lame
,
miserable
and
forsaken
,
when
it
wants
suits
and
is
at
quiet
;
when
the
incumbents
doe
peaceably
enjoy
their
right
.
Nicolaus
Cusanus
in
De
Concord
Cath.
l.
Bernard●●
Abbas
Clarevall
.
l.
de
con●id
.
ad
Eugen.
What
means
this
,
I
pray
you
,
to
plead
from
morning
till
night
,
or
to
hearken
to
those
that
plead
?
with
my
consent
let
malice
bee
content
to
take
up
the
day
;
but
the
very
night●
are
not
free
,
there
is
scarse
so
much
allowed
to
the
necessity
of
nature
,
as
will
suffice
for
the
repose
of
this
poore
bodie
;
it
must
rise
againe
for
these
wranglers
:
one
day
begetteth
suits
to
another
,
and
one
night
certifieth
his
malice
to
another
.
Idem
Bern
l.
de
con●id
.
ad
Eugen.
How
long
must
it
be
before
you
awake
,
and
consider
such
a
mighty
confusion
and
abuse
of
appeals
?
They
are
commonly
practised
without
either
right
or
reason
;
beside
all
order
,
or
custome
;
without
any
distinction
or
difference
of
place
,
manner
,
time
,
cause
,
or
person
;
they
are
easily
admitted
,
and
ofttimes
impiously
.
Those
that
would
bee
wicked
,
were
they
not
wont
to
be
terrified
with
them
?
but
now
they
,
on
the
contrary
,
doe
affright
others
,
and
especially
honest
men
with
them
:
goodmen
are
appealed
by
knaves
to
hinder
them
from
doing
good
,
and
they
give
off
for
the
awe
which
they
beare
to
the
voice
of
your
thunder
.
Lastly
,
appeals
are
put
up
against
Bishops
,
that
they
may
not
dare
to
dissolve
or
forbid
marriages
;
appeals
are
put
up
against
them
to
hinder
them
from
punishing
or
curbing
rapines
,
robberies
,
sacriledges
,
&
such
like
crimes
;
appeals
are
preferred
to
hinder
them
from
putting
backe
,
or
depriving
unworthy
and
infamous
persons
of
sacred
offices
and
benefices
.
Hildebert
.
ep.
V.
Marsil
p.
Ivo
epist.
Idem
epist.
Fas●ic
.
rerum
expetend
.
p.
Glosan
C.
Si
Clericu●
de
soro
competenti
.
Extr.
Petrus
de
Ferr●●iis
in
forma
respon
.
in
convent
.
in
verbo
Excommunica●io
.
That
the
Pope
doth
daily
give
out
writs
to
Clergy-men
,
against
Layiques
,
in
all
causes
whatsoever
;
and
by
this
meanes
getteth
the
jurisdiction
of
the
other
.
Iohn
d'
Argonges
that
this
was
invented
by
the
Pope
for
another
reason
;
to
wit
,
that
his
power
might
be
therein
enlarged
,
as
well
in
the
Civill
Court
,
as
the
Ecclesiasticall
,
which
ought
rather
to
be
restrained
,
than
augmented
;
inasmuch
as
the
psalterie
doth
not
agree
well
with
the
Iettren
.
Peter
de
Cugueres
Petrus
de
Cugueriis
in
articulis
Laicorum
●
.
Philip
Augustus
Cap.
Novit
.
De
j●diciis
extr.
Gabriel
Biel
supra
Can.
Missae
.
lect
Hos●iensis
&
al●i
in
cap.
Novit
.
de
Iudic
.
extra
.
would
patiently
suffer
the
Abbat
of
and
the
Archbishop
of
to
have
the
full
hearing
,
whether
the
complaint
put
up
against
him
be
just
,
or
his
exception
legall
.
Cujacius
in
d.
c.
Novit
.
de
Iudic
.
extr.
He
protesteth
doing
one
thing
an●●etending
another
,
not
to
intermeddle
nor
usurpe
the
cognizance
of
the
fieffs
belo●ging
to
the
King
,
which
he
knoweth
to
appertaine
to
the
King
and
the
Peeres
of
but
onely
to
have
the
cognizance
of
the
perjury
.
All
this
he
wrote
to
appease
the
Prelates
of
and
beare
them
in
hand
that
he
proceeded
justly
against
their
King
,
and
put
all
his
Kingdome
in
an
interdict
upon
this
occasion
;
yet
for
all
that
he
gained
nothing
by
it
.
Matth.
Paris
.
in
hist.
Anglor
.
sub
Hen.
Et
Matth.
Westmon
.
l.
sub
ann
Matth.
Paris
.
in
Hen.
The
same
yeere
Matthew
Paris
the
King
of
following
the
example
of
those
Lords
that
made
these
Statutes
in
which
were
approved
and
sealed
by
their
King
,
to
tame
in
part
the
insatiable
greedinesse
of
the
Court
of
ordain'd
that
these
things
following
should
be
inviolably
observed
.
To
wit
,
that
Laymen
should
not
be
convented
before
an
Ecclesiasticall
Iudge
in
case
of
perjury
,
Helmoldus
Presbyter
in
Chron.
Slav●●
c.
The
Pope
sent
a
crowne
of
gold
to
Duke
of
Peter
Rome
commanded
the
Archbishops
of
and
other
Princes
and
Bishops
of
to
take
part
,
and
to
make
him
Emperour
;
which
was
done
accordingly
.
That
the
Bishop
of
the
Emperours
great
friend
,
going
to
after
hee
had
sought
him
diligently
a
long
time
through
the
City
,
and
found
him
in
the
places
consecrated
to
the
Martyrs
,
and
told
him
of
the
new
election
,
and
how
much
it
concerned
him
to
goe
to
in
all
haste
,
to
●ll
,
●nfort
●his
friends
,
and
repell
the
force
of
his
enemies
,
the
Emperour
making
●omewhat
nice
of
departing
without
the
leave
of
the
Sea
Apostolique
,
the
Bishop
enformed
him
that
all
the
mischiefe
of
the
treason
proceeded
from
the
treachery
,
and
that
it
was
necessary
he
should
flie
away
privily
,
if
he
would
avoid
being
taken
.
Platina
in
Gregorio
Matth
Westmonast
.
lib.
sub
ann.
That
if
he
pretended
any
title
to
the
Realme
of
or
any
part
thereof
,
he
should
send
his
Proctours
and
speciall
Ambassadours
to
the
See
Apostolique
,
with
all
his
rights
and
instruments
belonging
to
that
particular
,
there
to
receive
full
justice
upon
the
premises
.
Idem
Westmonast
.
ann.
Matth.
Westmonast
.
l
sub
ann
Clementin
.
Pas●●●●●is
de
sentent
et
re
judi●
.
We
aswell
out
of
the
superiority
,
which
without
question
,
wee
have
over
the
Empire
,
as
out
of
that
power
,
by
virtue
whereof
we
succeed
the
Emperour
when
the
Empire
is
vacant
,
but
especially
out
of
the
plenitude
of
that
power
which
Christ
the
King
of
Kings
,
and
Lord
of
Lords
hath
confer'd
upon
us
,
though
unworthy
,
in
the
person
of
S.
with
the
advice
of
our
brethren
,
declare
and
pronounce
the
sentence
,
and
all
the
proceedings
aforesaid
,
together
with
all
that
followed
thereupon
,
or
from
that
occasion
,
to
be
null
,
invalid
,
and
without
effect
.
Baldus
in
l
lib●ert●
libertae
nu
In
this
Chapter
there
are
somethings
which
taste
a
little
of
the
truth
of
law
,
and
somethings
which
doe
nere
a
whit
taste
of
it
;
and
herein
the
Pope
hath
beene
more
partiall
than
Apostolicall
.
Marsilius
Pa●avin
.
in
de●
.
●a●
.
part
.
to
enhanse
his
Secular
jurisdiction
,
ranked
all
such
amongst
the
number
of
Clergy-men
,
as
had
married
a
Virgin
,
and
who
contented
themselves
with
one
wife
:
and
ordained
by
his
Decretals
,
that
they
should
be
accounted
for
such
.
And
not
containing
themselves
within
these
bounds
,
they
have
exempted
from
all
hu●●●●●
Civill
Lawes
,
a
company
of
Lay
men
,
whom
in
they
call
but
elsewhere
as
also
the
and
other
such
like
Orders
;
together
with
them
that
are
called
,
And
by
the
same
reason
,
they
might
doe
so
with
all
the
rest
.
But
if
all
those
that
be
of
this
kinde
,
bee
thereby
exemp●ed
from
the
juris●iction
of
Pri●ce●●
accordi●g
to
their
Decre●als
;
it
is
very
probable
that
most
part
of
men
will
enter
themselves
in
their
societies
,
considering
that
they
receive
,
without
any
●ifferenc●
,
aswell
the
u●learned
as
learned
.
M.
Peter
Cug●ores
Petrus
de
Cug●eriis
in
articul●s
La●cor●●
contra
Praelato●
c
To
the
end
that
the
Ecclesiasticall
Court
may
be
enlarged
.
the
Prelates
make
a
great
many
shave-pates
,
some
infants
at
under
age
,
some
the
children
of
servants●
some
married
me●●●learned
and
insufficient
.
Cy●●●
Pist●r●usis
Cy●us
Pistoriensis
inter
e●s
§.
ne
●ew●re
.
C
de
appel
.
Centum
Gravam●●
.
The
Popes
Court
●o●ld
gladly
have
all
the
world
to
bee
squ●●azed
in
it
,
so
great
is
their
insatiable
desire
of
〈◊〉
and
〈…〉
Lib
de
Statu
Eccles●
Gallic
.
in
schismat
.
p.
S.
Lewes
doe
endeavour
to
cite
our
subjects
,
or
cause
them
to
be
cited
in
the
Court
of
or
before
certaine
Commissaries
or
Delegates
of
our
Holy
Father
,
which
is
directly
to
offend
against
the
liberties
and
priviledges
of
the
Church
,
Concil.
Trid.
Sess.
de
Boissy
Grand
R●●ueil
des
Ordonnances
de
Fontan●n
.
tit
.
des
Legats
Espensaeus
in
comment
.
in
ep.
ad
Titum
.
c.
Recueil
des
libertes
de
l'
Eglise
Gallican●
c.
To
derogate
from
all
Decrees
of
Councels
,
and
dispense
with
them
,
or
to
put
a
dorre
or
obstacle
before
the
Councell
,
and
other
Constitutions
derogatory
to
them
.
Nicolaus
Cusanus
l.
It
is
not
lawfull
for
the
Pope
to
make
so
much
adoe
about
these
obstats
which
are
ordain'd
in
Generall
Councels
.
Mar●ilius●
Pat
in
def.
pac
.
part
.
Padua
,
Not
content
with
those
Temporalls
,
which
were
bestowed
upon
them
by
Princes
,
by
reason
of
their
insatiable
appetite
they
have
seized
upon
many
temporall
things
that
of
right
belong
to
the
Empire
,
as
the
Cities
of
with
divers
other
possessions
,
and
many
lands
,
and
Lordships
,
then
especially
when
the
Empire
was
vacant
.
Engelbert
Wester●itz
Paulus
Langiu●
in
Chron.
Citizens
.
sub
ann.
Can.
Ergo
Ludovicus
.
dist.
S.
Angelo
Franc.
Guicci●rdine
Italy
l.
Matth
Westmonast
.
l.
sub
ann.
Polydor.
Virgil.
l.
Anglic.
hist.
Scotch
,
Affirming
how
that
Kingdome
belong'd
of
right
to
the
Church
of
and
that
it
was
in
his
power
onely
to
give
it
or
take
it
from
whom
he
pleased
:
Albertus
Crantzius
Wandal
.
l.
Polonish
,
Snatro
Petre
S.
Peters
Saint
Platina
in
Clemente
Declared
King
of
with
this
condition
,
that
he
should
pay
fourty
thousand
crowns
yeerly
to
the
Church
of
by
way
of
fee
.
Peter
Anaclete
Albertus
Crantzius
Norman
.
l.
Matth.
Paris
.
in
Iohan.
p.
Canterbury
,
William
Verba
Matthaei
Westmonast
.
p.
Philip
Augustus
Se●tentia
●adem
etiam
apud
Parisiensem
Idem
West●●nast
.
p●
Matthew
Paris
Matthew
Westminster
Iohn
Lack-land
Matth.
Paris
.
ubi
supra
Matthew
Paris
Matt●●
Westmon
.
ubi
su●●●
Platina
in
Greg
Blondus
l.
Iohannes
Aventinus
,
ex
Iohanne
Mysta
Strigenen●i
,
l.
annal
Boiorum
p.
Marsilius
de
Paduaes
Marsilius
Pat.
in
des
.
pac
part
c.
Le
Songe
du
verger
c.
The
mirrour
of
mans
life
Frances
Guicciardine
Francis
Guicciardine
The
history
of
the
Councell
of
D.
Berna●dus
lib
I
doe
not
spare
you
here
that
God
may
spare
you
hereafter
;
shew
your selfe
a
sheepheard
towards
this
people
,
or
else
confesse
that
you
are
not
so
;
you
will
not
deny
that
you
are
,
leas●
you
should
deny
your selfe
to
be
his
successour
,
in
whose
See
you
sit
,
that
who
for
ought
that
wee
know
,
never
went
adorned
with
precious
stones
,
attired
in
silks
,
and
cloathed
in
gold
,
mounted
upon
a
white
palfrey
,
surrounded
with
a
guard
,
attended
with
a
great
many
Lackeys
;
and
yet
for
all
he
had
the
power
,
without
all
these
,
to
accomplish
that
saving
commandement
,
If
thou
love
me●
feed
my
sheep
.
Iohn
Sarisbury
Ioannes
Sarisburiensis
in
Policratico
l.
That
the
Pope
is
burthensome
and
insupportable
to
all
men
●e
builds
Palaces
out
of
the
ruine●
of
Churches
;
he
goes
accoutred
not
only
in
purple
,
but
in
gold
.
Marsilius
Patavinu●
in
def.
paci●
part
.
Let
them
tell
me
,
I
pray
them
,
with
what
conscience
,
according
to
Christian
Religion
,
they
spend
the
goods
of
the
poore
,
living
after
a
worldly
fashion
,
upon
so
many
unnecessaries
in
horses
,
servants
,
banquets
,
and
other
vanities
and
delicates
,
both
secret
and
publique
?
They
,
I
say
,
who
for
the
ministery
of
the
Gospel
,
ought
to
be
content
with
food
and
raiment
;
according
to
the
Apostles
appointment
in
the
first
to
Consult
d●lectorum
virorum
Tom.
Concil.
edit
.
Colon.
Ioannes
Gerson
de
potest
.
E●cles
.
Confid
.
Master
Iohn
Gerson
King
of
Kings
,
and
Lord
of
Lords
.
Marsilius
in
def
pac
.
part
.
plenitude
of
power
Grego●ius
Heymburgensis
in
De
consut
.
primat
.
Pap
in
princ
After
this
the
Popes
being
carnall
,
have
presumed
so
far
as
to
arrogate
unto
themselves
a
fulnesse
of
power
,
by
virtue
of
their
Decrees
,
(
as
if
that
were
an
authentique
booke
)
which
they
cannot
prove
out
of
Scripture
:
Yea
so
far
forth
as
that
the
second
denyed
his
benediction
to
the
first
,
when
he
asked
it
as
his
predecessours
were
wont
to
doe
,
and
that
because
he
held
the
left
stirrop
when
the
Pope
alighted
off
his
horse
,
and
not
the
right
,
as
the
Pope
desired
hee
should
have
done
.
Good
God
what
a
proud
fellow
was
this
!
Well
may
our
Popes
call
and
write
themselves
Christs
Vicars
and
S.
considering
what
wee
have
said
,
as
if
they
derived
from
them
the
whole
plot
of
the
Plenitude
of
power
;
which
notwithstanding
calls
folly
Peter
de
Ferrariis
Petrus
de
Ferrariis
in
form
.
Opponend
.
Contra
testes
.
in
ver.
Contra
jus
.
p.
As
for
Plenitude
of
Power
,
which
is
used
of
l●ter
times
to
be
ascribed
to
the
Popes
priviledges
and
rescripts
,
it
is
against
God
and
all
law
,
to
the
perpetuall
detriment
and
everlasting
infamy
of
their
soules
.
Clement
.
Pastoralis
De
sent
.
&
re
judic
.
Extra
.
unam
Sanctam
.
de
major
.
&
obedient
●an
.
omnes
.
dist.
Lanc.
Conrad
.
in
Templo
omnium
judic
.
l●
That
the
Pope
is
holden
to
be
Christs
Vicar
,
not
only
in
respect
of
things
in
earth
,
in
Heaven
,
and
Hell
,
but
even
over
Angels
both
good
and
bad
Vienna
,
Poictiers
Extat
h●●
Bulla
in
tract
.
de
materiis
indulgentiarum●
Ioannis
Phesfer
Wittenberg
Theol
Pro●ess
.
in
Vnivers
.
Friburg
.
scrip
.
a●●
.
●n
compila
.
Rebuffi
.
Edit.
Lugduni
ann.
Extat
haec
Ep.
Nicholai
ad
Michaelem
Const.
to
●
.
con
.
Vnde
sumptus
Canon
.
Satis
evidenter
.
dist.
Augustin
.
Steu●cheus
in
lib
de
Donat.
Constan●stantini
.
Audi●
summum
Pontificem
à
Constantino
Deum
appellatum
&
babitum
pro
Deo
?
hoc
videlicet
factum
est
cum
illum
praeclaro
illo
edicto
decoravit
.
Adoravit
u●
Deum
.
Augustin
.
Bero●us
in
rubric
.
de
offi●
.
deleg
.
nu.
Baldus
in
l.
ult.
C.
de
senten
.
rescindend
.
Lancelotus
Conradus
l.
de
templo
omnium
judic
.
c.
Idem
ibid.
Idem
l.
Hostiensis
in
tit.
Lancelot
Conradus
ubi
supra
Bellar.
de
Rom.
Pont.
l
Idem
Lanc.
l.
De
reservati●
Pontifici
.
Cap.
Debitus
de
appellation
.
Idem
Lancelot
.
l.
Baldus
in
cap.
Cum
Super.
de
causis
propriet
.
&
possess
.
Id●m
in
cap.
Eccles.
u●
lite
pendente
.
Lancelot
Conrad
.
ubi
supra
.
l.
Ceremonial
.
P●●tif
.
l.
That
if
a
man
be
going
to
upon
devotion
in
the
yeere
of
Iubily
,
and
happen
to
dye
by
the
way
,
he
●●all
bee
totally
acquitted
and
absolved
of
all
his
sinnes
.
Howsoever
wee
command
the
Angels
of
Paradise
that
they
convey
his
soul
into
the
glory
of
Paradise
,
being
totally
absolved
from
the
paines
of
Purgatorie
.
Rome
;
All
that
the
Apostle
hath
commanded
or
prohibited
is
from
God
and
the
Holy
Ghost
,
and
binds
all
men
;
I
meane
of
inferiour
persons
,
not
of
the
Pope
,
who
is
greater
in
power
than
the
Apostles
,
and
therefore
may
dispense
with
the
Apostles
.
It
is
evident
that
the
Pope
was
called
God
by
the
devout
Prince
and
it
is
a
plaine
case
that
God
cannot
be
judged
by
man
.
Augustin
Steucheus
Knowest
thou
not
called
the
Pope
God
,
and
accounted
him
so
to
be
?
So
hee
did
when
he
honoured
him
with
that
goodly
Edict
,
hee
worshipped
him
as
a
God
.
Let
him
be
highly
honoured
,
let
him
be
extolled
and
adored
in
all
the
parts
of
the
world
,
let
every
knee
bow
before
him
,
as
is
fitting
they
should
Menot●●
Michael
Menotus
in
Sermon
.
quadrages
.
feria
dominicam
quadrages
Haec
est
Arnulphi
Aurelianensi●
episcopi
oratio
habita
in
Concilio
Rhemensi
.
Actis
inserta
.
Of
the
adoration
of
the
Popes
feet
.
Hugh
Capet
The
Pope
being
growne
over
wealthy
to
the
great
decay
of
Christian
piety
,
thinkes
he
may
doe
any
thing
,
like
most
wicked
tyrants
,
as
if
he
were
a
God
,
he
will
not
give
any
reason
for
his
actions
to
any
man
;
he
takes
upon
him
that
which
belongs
to
God
alone
,
for
it
is
thought
he
cannot
erre
.
Eberhardus
episc
.
Salisburiensis
apud
Aventinum
l.
Annal.
Boiorum
p
That
the
Popes
will
never
have
done
till
they
have
trampled
all
things
under
their
feet
;
till
they
be
seated
in
the
Temple
of
God
,
and
exalted
above
every
thing
that
is
adored
.
He
that
is
a
servant
of
servants
desireth
to
be
Lord
of
Lord
,
just
as
if
he
were
God
.
Ioannes
Faber
in
praesat
.
ad
Iustinian
.
Institut.
Papa
in
verbis
se
dicit
servum
servo●um
,
de
facto
tamen
se
adoraripermittit●
quod
Angelu●
in
apocalypsi
refugit
.
Zabarella
Card●nal
Flor.
in
tract
.
de
schism
.
Pont.
Can.
Constantius
dist.
The
Pope
styles
himselfe
in
words
a
servant
of
servauts
,
but
in
very
deed
he
suffers
himselfe
to
be
adored
,
which
the
Angell
in
the
Revelation
refused
to
doe
.
That
they
may
doe
any
thing
,
that
they
may
doe
what
they
please
,
even
things
that
are
unlawfull
,
and
so
more
than
God
himselfe
:
whence
infinite
errours
have
proceeded
.
It
will
bee
fitting
to
advise
concerning
the
honour
which
shall
be
done
unto
the
Pope
,
that
there
be
no
excesse
in
it
,
that
he
be
not
honoured
as
God
himselfe
.
Cap.
unam
sanctam
.
extra●
de
majorit
,
&
obed.
C●●undament●
.
de
elect
ju
Clementin
.
Pastoralis
.
de
r●
judi●
.
August
.
de
Anco●a
.
De
Potest
.
Ec●les
.
q.
Idem
ibid.
q.
Lancelot
.
Conradus
in
templo
●mnium
judic
.
l.
Idem
ibid.
de
Praest
.
&
potest
.
Pontis
.
maxim
.
August
.
de
Anc.
q.
Idem
q.
Idem
q.
Idem
q.
Idem
August
.
q
Idem
q.
Idem
q.
Idem
.
q.
Idem
q.
Idem
q.
Idem
ibid.
art.
Idem
q.
Idem
q.
Idem
q
Ibid
q
Idem
ibid.
art.
Alvarus
Pelagius
de
planctu
Eccles.
l.
Idem
ibid.
Idem
ibid.
Idem
ibid.
Idem
ibid.
Peru
,
Brasile
,
Cuba
C●p.
〈◊〉
de
insu●●
novi
or●is
l.
Of
our
meere
bounty
and
certain
knowledge
,
and
the
Plenitude
of
our
power
Apostolicall
,
we
give
,
grant
,
and
by
these
presents
,
do
assigne
to
you
,
your
heirs
and
successours
for
ever
,
Kings
of
all
the
Ilands
and
Continents
which
have
already
beene
discovered
and
found
out
,
or
which
hereafter
shall
be
towards
the
West
and
South
,
drawing
a
line
thereof
from
the
Artick
or
North●Pole
,
to
the
Antartick
or
South
Pole
.
And
we
make
,
constitute
,
and
appoint
you
,
your
heirs
and
successours
Lords
thereof
,
with
full
free
and
absolute
power
,
authority
and
jurisdiction
.
Give
unto
the
things
that
are
Iac●bus
de
Teran●
in
tract
.
Monar●h
.
That
was
spoken
but
for
a
time
,
not
for
ever
;
that
it
was
to
hold
only
till
the
ascention
of
Iesus
Christ
;
and
afterwards
that
should
come
to
passe
which
was
spoken
,
When
I
shall
bee
lifted
up
from
the
earth
,
I
will
draw
all
things
after
mee
.
That
is
,
I
will
recover
all
the
Empires
and
Kingdomes
of
the
world
,
and
will
take
them
from
from
Kings
and
Princes
,
to
give
them
to
the
Pope
.
●●trav
Vnam
s●nct●m
.
de
m●●●rit
.
&
obed.
necessary
to
salvation
,
to
beleeve
that
all
the
faithfull
people
of
Christ
are
subject
to
the
Pope
of
that
hee
hath
both
the
swords
;
that
hee
judgeth
all
men
and
is
judged
of
none
.
That
he
was
subject
to
him
both
in
spirituals
and
temporals
.
Albert.
Crantz
.
M●●rop
.
l.
Platina
in
Greg.
That
supposing
Kingdomes
and
Empires
to
bee
in
his
power
,
he
made
his
brag
that
hee
had
two
swords
.
Milanois
,
That
God
hath
bestowed
upon
and
his
successours
,
the
right
both
of
the
Terrestriall
and
Celestiall
Empire
.
That
all
the
world
may
understand
at
last
,
that
wee
give
and
take
away
Empires
,
Kingdomes
,
Principalities
,
and
whatsoever
mortall
men
are
capable
of
.
Clementin
.
Pastoralis
de
sent.
&
re
judic
.
That
without
all
doubt
he
hath
the
command
of
the
Empire
,
who
,
by
reason
of
that
power
which
he
hath
,
succeedeth
the
Emperour
in
the
vacancy
of
the
Empire
.
Sabell●cus
Ennead.
Ludovicu●
Bavarus
N●uclerus
Generat.
That
he
had
divided
all
from
the
Empire
,
and
from
the
Kingdome
of
That
the
Pope
is
universall
Lord
,
not
only
of
things
spirituall
but
also
of
temporall
.
That
Empires
and
Kingdomes
depend
not
upon
the
Pope
,
but
upon
God
alone
.
Clementine
,
Meruit
Can.
aliu●
.
caus.
That
the
Pope
is
Lord
and
Monarch
of
the
Vniverse
Ludovici
Bavari
I
cry
aloud
like
a
trumpet
of
truth
Marsil●
Patav.
in
def
pacis
.
part
.
and
tell
you
it
is
the
greatest
prejudice
that
ever
was
done
to
Kings
and
Princes
,
to
all
people
,
assemblies
and
languages
,
which
the
Bishops
of
with
their
associats
the
Clerks
and
Cardinals
have
done
:
By
this
their
Decree
,
which
is
utterly
false
in
all
the
grounds
of
it
,
Clementine
,
Pastoralis
they
goe
about
to
bring
you
in
subjection
to
them
,
if
you
suffer
this
constitution
to
prevaile
;
yea
if
you
suffer
it
to
have
the
power
and
force
of
a
law
.
For
consider
that
it
followes
of
necessity
that
hee
which
hath
authority
to
repeal
a
former
sentence
of
any
Prince
or
Iudge
whatsoever
,
hath
also
jurisdiction
and
coactive
power
over
him
;
and
further
,
the
power
of
erecting
or
putting
downe
his
Princedome
.
Now
the
Bishop
of
doth
challenge
to
himselfe
this
authority
equally
over
all
Princes
and
Principalities
of
the
world
;
inasmuch
as
by
virtue
of
that
Plenitude
of
Power
which
he●
affirmes
to
be
granted
unto
him
by
Christ
in
the
person
of
S.
he
hath
repealed
the
sentence
of
Clementine
,
Meruit
Mursil
.
Patav.
in
d●s
p●c
part●
Venericus
Vercellensis
lib.
de
unit
.
Eccles.
conser
.
p.
Concil
ex
edit
.
Colon.
ann.
Marsilius
Patavin
.
in
desens
.
pacis
part
.
cap.
ult.
&
part.
Aventinus
lib.
Arnaldus
Ferronius
de
rebus
gestis
Francorum
,
ubi
loquitur
de
Iulio
Guicciardinus
lib
hist.
Italia
,
in
loco
detracto
.
Baptista
Mantuanus
lib.
Sylvarum
.
Erasmus
in
apologia
adversus
Stunica
blasphemia●
.
L●dovicus
Romanu●
.
co●s
.
Martinus
Pol●nus
in
Henrico
sub
ann.
Platina
in
Gregorio
&
in
Bonifacio
&
in
Innocentio
&
in
Eugenio
&
in
Iulio
Otho
Frisingensis
lib.
Chron.
c.
Helmoldus
in
Chronico
Slavorum
c.
&
sequent
Can.
Constant.
dist.
August
.
Steuchius
,
Pape●
bibliothecarius
,
l.
de
donat.
Constant.
c.
Platina
in
Steph
Ceremoniale
pontif
.
Tit.
sub
§.
Ordo
processionis
continet
Et
l.
Et
§.
de
modo
portandi
fercul
.
Helmoldus
Presbyter
,
Lubecensis
,
in
hist.
Slavorume
Constantine
holding
the
bridle
of
horse
,
underwent
the
office
of
a
Lackey
.
That
Kings
and
Emperours
must
hold
his
stirrop
when
he
gets
up
,
or
alights
from
his
horse
.
That
they
must
lead
his
horse
by
the
bridle
:
That
if
he
goe
in
a
litter
,
the
Emperours
and
Princes
must
carry
him
upon
their
shoulders
:
That
when
he
sits
down
to
table
,
they
must
hold
the
bason
while
he
washeth
:
That
they
must
carry
up
his
first
messe
.
had
beene
dishonoured
,
in
asmuch
as
the
Emperour
in
stead
of
holding
the
right
stirrop
had
holden
the
left
.
Fredericke
That
it
was
for
want
of
knowledge
,
not
devotion
;
and
that
hee
haed
not
been
accustomed
to
holding
of
stirrops
.
if
he
have
neglected
out
of
ignorance
a
thing
which
is
so
easie
,
how
thinke
you
hee
will
manage
weightie
matters
?
I
would
be
better
informed
whence
this
custome
proceeded
,
whether
out
of
good
will
,
or
out
of
custome
:
if
of
good
will
,
the
Pope
hath
no
reason
to
complaine
,
if
a
man
have
failed
in
a
thing
which
concernes
civility
,
seeing
that
consists
in
the
minde
of
the
giver
,
and
not
in
necessity
of
right
:
if
you
say
that
this
reverence
is
due
to
the
Prince
of
the
Apostles
from
the
first
institution
,
what
difference
is
there
betwixt
the
right
stirrop
and
the
left
,
so
that
humility
be
observed
,
and
the
Princ●
humble
himselfe
to
the
feet
of
the
supreme
Bishop
?
That
the
question
was
disputed
a
long
time
,
and
with
much
eagernesse
.
That
they
parted
without
giving
him
the
kisse
of
peace
.
Albertus
Crantz
The
virtue
of
God
,
the
wisedome
of
God
,
Matth
Wes●
monast.
l.
sub
ann.
to
whose
unspeakable
majestie
all
things
are
subject
.
Not
to
goe
out
of
for
a
yeere
;
not
to
get
on
horse
backe
;
to
visite
the
Churches
in
a
Pilgrims
habit
,
and
to
bring
forth
fruits
worthy
o●
repentance
,
by
fastings
and
prayers
.
Pater
nosters
That
the
Cardinals
,
and
others
of
the
Court
of
seeing
how
the
earthly
powers
trembled
for
feare
at
the
shaking
of
the
See
Apostolique
,
and
how
those
that
bore
up
the
world
did
bow
downe
to
it
,
might
suggest
to
the
Pope
,
that
he
should
conferre
the
Empire
upon
another
.
Abhas
Vispargensis
in
Hen.
Thou
shalt
goe
upon
the
Basilisk
and
Adder
,
the
Lyon
and
the
Dragon
shalt
thou
tread
under
foot
.
Le
mer
de
histoires
Matth.
Westmonast.
sub
ann.
Knowing
that
by
his
comming
,
there
would
no
good
come
either
to
the
King
or
the
Kingdome
,
Matth
Westmon
.
l.
sub
ann.
They
were
affraid
that
hee
would
not
know
his
enemies
,
as
the
rat
in
the
poke
,
or
the
serpent
in
the
bosome
.
mirrour
of
mans
life
That
the
Pope
is
instituted
and
ordained
not
only
for
humane
principalities
,
but
also
for
divine
;
not
onely
to
rule
over
mortals
,
but
also
immortals
;
not
only
over
men
but
also
over
Angels
;
not
only
to
judge
the
quicke
,
but
the
dead
also
;
not
only
in
earth
,
but
also
in
heaven
;
not
only
to
preside
over
Christians
,
but
also
over
Heathens
:
that
he
is
instituted
and
ordained
by
the
great
God
in
his
stead
over
all
mortals
;
to
be
held
in
the
same
dignity
,
to
have
the
same
power
and
jurisdiction
,
and
the
superiour
and
universall
dominion
over
all
the
world
.
Of
whom
it
was
written
by
that
those
which
beare
up
the
world
stoup
before
him
:
and
that
the
Kings
of
the
earth
are
matters
worthy
of
derision
:
that
hee
onely
hath
all
power
:
the
Scripture
saith
,
that
hee
is
one
,
and
there
is
not
a
second
:
and
that
it
was
writ
to
him
,
Thou
art
alone
and
there
is
no
man
with
thee
.
And
againe
,
Thou
art
mighty
over
all
them
which
are
mighty
:
To
whom
all
justice
,
power
,
and
Empire
doth
belong
,
as
the
Prophet
testifies
David
afterwards
meant
,
when
he
said
,
Hee
hath
given
him
the
power
and
the
Kingdome
,
and
all
people
and
languages
are
subject
unto
him
.
it
doth
institute
and
ordaine
dignities
,
principalities
,
Kingdomes
and
Empires
according
to
merits
,
and
transferre
them
from
one
Nation
to
another
,
according
to
their
demerits
.
Antoninus
in
part
.
hist
tit
Iacobus
de
Terano
in
tract
.
Monarch
.
Iames
de
Terano
Avarus
Pelagius
Homers
Iliads
Austin
de
Ancona
George
Ferrarius
,
Ann.
Lancelot
Conrade
Index
expugatorius
Hincmarus
Episc
Rhemen
.
in
ep.
ad
Hadrianum
pap●m
.
Hincmaru●
ibi
Idem
Otho
l.
Godofridus
Viterbiensis
in
Chron.
par.
in
Henr.
Wee
never
read
that
any
Emperour
before
this
was
excommunicated
by
the
Pope
,
or
deprived
of
his
Empire
.
the
Popes
of
challenge
this
power
unto
themselves
,
and
make
their
boast
that
they
have
done
it
,
yet
we
acknowledge
these
things
came
to
passe
by
the
judgement
of
God
,
by
reason
of
the
sinnes
committed
by
the
Emperours
,
the
consciences
of
Princes
and
people
binding
them
to
make
resistance
against
them
.
Concil.
Edit.
Colon.
How
comes
this
to
passe
that
Pope
not
content
with
the
spirituall
sword
alone
,
sends
his
Champion
to
spoile
the
lands
and
inheritances
of
the
Church
,
which
if
they
must
needs
be
destroyed
,
ought
to
bee
so
by
the
Edict
of
Kings
and
Emperours
,
who
beare
not
the
sword
in
vaine
?
Bernard
l.
You
were
made
superiour
to
others
,
for
what
,
I
pray
?
not
to
domineere
I
trow
.
Wee
therefore
having
a
conceit
good
enough
of
our selves
,
doe
not
yet
remember
that
any
commanding
power
was
given
unto
us
,
but
that
a
ministery
was
laid
upon
us
:
You
must
consider
that
to
doe
the
worke
of
a
Prophet
,
you
stand
in
steed
of
a
weeding
hooke
,
not
of
a
Scepter
.
This
is
plaine
,
that
dominion
is
prohibited
by
the
Apostles
:
goe
you
then
,
I
pray
you
,
and
(
if
you
dare
)
usurpe
either
the
Apostleship
as
rulers
,
or
the
power
of
ruling
as
the
Apostles
.
The
one
of
the
two
is
forbidden
you
;
if
you
will
needs
doe
both
you
loose
both
.
Doe
not
thinke
that
you
are
exempted
out
of
the
number
of
those
against
whom
God
makes
this
complaint
,
They
have
reigned
but
not
by
me
,
&c.
Venericus
Vercellensis
lib
de
Vnitate
Ecclesia
.
Venericus
Wercellensis
That
the
sacerdotall
judgement
hath
no
more
but
the
spirituall
sword
,
which
is
the
word
of
God
.
and
his
Bishops
have
doubtlesse
challenged
to
themselves
the
very
top
of
regall
Authority
;
yea
they
have
usurped
the
function
of
both
jurisdictions
,
insomuch
that
the
Kingdome
is
fully
in
their
power
,
or
where
they
are
pleased
to
bestow
it
:
being
growne
more
perverse
by
reason
of
this
great
pride●
so
that
they
can
neither
looke
to
the
one
,
nor
the
other
;
neither
the
Priestdome
nor
the
Kingdome
:
considering
that
no
one
man
is
sufficient
to
discharge
either
of
the
two
,
they
being
such
weighty
imployments
:
But
however
hee
is
neither
Christian
nor
Catholique
that
contradicts
the
Gospel
,
and
despiseth
the
doctrine
of
the
Apostles
,
which
saith
,
Give
to
the
things
that
be
and
to
God
the
things
that
are
Gods
.
He
that
serveth
God
meddleth
not
with
the
things
of
the
world
.
Feare
God
,
honour
the
King
:
Be
subject
to
every
humane
creature
for
Gods
sake
,
&c.
Albertus
Abbas
Stadensis
in
Chron
ad
ann.
Matth.
Paris
.
in
Hen.
Matth.
Westmonast
in
Florib
.
hist
ann.
Philip
Augustus
S.
Lewis
,
ann.
That
the
Clergy
swallow
up
and
frustrat●
the
jurisdiction
of
Secular
Princes
,
so
as
by
their
lawes
the
children
of
slaves
passe
judgement
upon
free
men
and
their
children
:
Whereas
by
the
Secular
lawes
of
our
Kings
and
Princes
,
they
ought
rather
to
be
judged
by
us
.
Matth.
Westmon
.
in
Florib
.
hist.
ann
Th●se
things
being
come
to
the
knowledge
of
the
King
,
the
Lords
of
the
Land
,
and
other
Princes
aliens
,
they
were
much
displeased
at
him
;
and
abhorring
the
covetousnesse
of
they
perswaded
the
King
of
to
put
it
to
a
battell
,
to
curbe
the
upstart
insolence
of
such
an
ungratefull
person
.
Matth●
Westmonast
ann.
Which
the
chiefe
of
the
Countrey
perceiving
they
were
vexed
at
it
,
and
setting
upon
bastard
son
to
the
Emperour
they
adhered
unto
him
,
and
did
him
h●m●ge
.
That
they
were
ready
not
onely
to
spend
their
goods
(
which
they
there
wholly
offerd
unto
him
)
for
that
end
,
but
also
to
expose
their
persons
even
to
death
for
him
,
not
refusing
any
torments
.
and
that
more
plainely
by
word
of
mouth
,
That
if
the
King
(
which
God
forbid
)
would
suffer
it
,
or
connive
at
it
,
yet
for
their
parts
they
would
never
endure
it
.
Mr.
Iohn
Tillet
Ioan
Tilius
in
Chron.
sub
ann.
The
impudence
of
this
man
was
wonderfull
,
who
durst
affirme
that
the
Realme
of
was
a
benefice
of
the
Papall
majesty
.
But
I
thinke
●hem
the
greater
fooles
who
dispute
the
point
;
Whether
the
Pope
hath
this
power
or
no
,
he
put
our
under
an
interdict
for
the
time
,
but
the
Bishops
tooke
the
Kings
part
.
Marsilius
Marsil
.
Patav.
in
def.
pac
part
.
Ludovicus
Bavarus
Albertus
Argentin
.
in
Chr.
Idem
p.
Integra
haec
constitutio
extat
apud
Albe●icum
de
Rosate
,
in●
.
Bene
à
Z●none
C.
de
quadrien
.
Pr●script
.
Et
apud
Aventinum
l.
annal.
Boiorum
p.
Et
Aven
l.
annal.
Boior
.
p
That
Pope
proceedings
were
null
,
and
that
th●
Pope
could
not
attempt
such
things
against
the
Emperour
,
considering
their
jur●sdictions
are
distinct
That
the
imperiall
dignity
is
immediatly
from
God
alone
,
and
that
he
ought
to
be
accounted
and
called
King
and
Emperour
of
the
meerly
for
his
election
;
that
he
ought
to
be
obeyed
by
the
subjects
of
the
Empire
;
that
he
hath
full
power
to
exercise
all
Imperiall
rights
,
and
doe
all
other
things
,
which
belong
to
a
true
Emperour
,
and
that
he
needs
not
the
approbation
,
confirmation
,
authority
,
or
consent
of
the
Pope
,
the
See
Apostolique
,
or
any
other
whatsoever
.
Rome
,
Albericus
de
Rosate
Albe●icus
in
l.
bene
a
Zenone
.
nu.
C.
de
quadrien
.
praescrip
Ludovicus
Bavarus
That
the
Pastours
of
the
Church
,
thrusting
their
sickle
into
an
other
mans
harvest
,
made
three
Decretals
concerning
that
particular
:
Cap.
●en●rabilem
Extr.
d●●le
.
Cap.
Ad
Apos●olic●
extra
.
de
S●ntentia
et
●e
●ud
in
Cap.
Pastoralis
.
●esent
.
&
re
judi●
.
in
Clem.
Cap.
de
ju●●
ju●ando
in
Clement
One
about
the
election
of
the
Emperour
,
another
about
the
deposall
of
the
Emperour
a
third
about
the
dissention
and
sentence
of
treason
given
by
the
Emperour
There
is
yet
another
about
the
oath
of
alleageance
,
which
the
Emperour
is
bound
to
swear
to
the
Pope
,
and
some
other
power
of
the
Pope
above
the
Emperour
.
Which
Decretals
God
knowes
whether
they
be
just
or
not
;
for
my
part
,
I
thinke
none
of
them
are
according
to
law
,
(
with
submission
to
better
advice
,
and
under
correction
,
if
I
thinke
amisse
)
nay
I
beleeve
they
were
made
against
the
liberties
and
rights
of
the
Empire
;
and
I
hold
that
the
powers
are
distinct
,
and
that
they
proceed
from
God
.
Peter
de
Ferrariis
O
poor
Emperours
and
Secular
Princes
which
endure
this
and
other
things
of
this
nature
,
and
inslave
your selves
to
the
Church
!
You
see
they
usurpe
upon
the
world
infinite
wayes
,
and
you
never
think
of
any
redres
.
Idem
de
Ferrariis
ibid.
in
verb.
praescrip.
versus
fin
.
Extra
de
Iudie
Idem
Ferrariensis
in
forma
libelli
in
quo
uxor
agit
a
dot
.
in
verbo
,
Coram
vobis●
Theodorick
de
Nihem
De
Schismate
Theodoricus
a
Nihem
l.
de
schisma●e
c.
Antonius
de
Rosellis
Antonius
de
Rosellis
in
l.
de
potestate
Imperat
.
&
Pap.
versu
Ne
Prolixius
p.
It
is
a
foolish
and
hereticall
opinion
,
that
the
whole
disposall
of
temporall
things
i●
or
ought
to
be
in
the
Popes
power
,
or
any
other
Ecclesiasticall
persons
.
He
omittes
that
and
laughes
at
it
,
which
some
use
for
a
shift
,
That
the
dominion
over
temporall
things
,
belongs
to
the
Pope
habitually
,
and
in
power
,
though
he
doe
not
immediatly
actuate
it
,
but
by
the
mediation
of
the
Emperour
,
who
(
as
they
say
)
receives
the
Empire
from
the
Pope
,
and
the
administration
thereof
;
so
as
he
depends
upon
the
Pope
.
For
upon
whom
the
exercise
is
bestowed
,
to
him
also
is
the
habit
given
much
more
;
seeing
that
virtue
consists
in
the
act
,
not
in
the
habit
.
Whence
it
followes
,
that
the
Pope
hath
not
the
power
of
electing
and
crowning
the
Emperour
,
Idem
de
Rose●lis
in
versic.
de●imaratio
p.
by
virtue
of
his
high
Priestship
,
which
he
received
from
Christ
:
But
he
performeth
the
coronation
by
virtue
of
his
commission
granted
unto
him
by
the
Empire
,
which
may
also
bee
revoked
upon
occasion
.
Albertus
Crantzius
Vandali●orum
l.
Albert
Krants
Poland
,
Then
the
Popes
were
come
to
that
majesty
(
which
Secular
Princes
call
presumption
)
that
they
created
Kings
.
Charles
,
ann.
As
for
goods
the
King
thinks
it
strange
,
that
the
said
Holy
Father
will
intermeddle
with
the
confiscation
of
goods
within
his
Kingdome
,
or
with
the
diminution
or
disposing
of
them
,
as
the
said
monitory
affirmeth
,
contrary
to
all
the
constitutions
and
Canons
of
Councels
that
were
ever
yet
seene
upon
record
in
the
bookes
of
his
predecessours
.
Sixtus
Quintus
ann.
As
for
the
holy
Bull
,
the
Court
doth
finde
it
to
be
of
a
new
stile
,
and
so
farre
from
the
modestie
of
the
former
Popes
,
that
it
hath
no
affinity
with
the
wayes
of
a
successour
of
the
Apostles
:
and
forasmuch
as
wee
doe
not
finde
in
our
records
,
nor
in
all
antiquity
,
that
the
Princes
in
were
ever
subject
to
the
justice
of
the
Pope
,
nor
that
the
subjects
sat
in
judgement
upon
the
Princes
religion
,
the
Court
cannot
take
it
into
consideration
till
the
Pope
doe
first
shew
some
right
which
he
pretendeth
for
transferring
of
Kingdomes
,
ordained
and
established
by
God
before
ever
the
name
of
Pope
came
into
the
world
;
till
he
have
shewed
us
upon
what
title
he
meddleth
with
the
successour
of
a
Prince
,
full
of
youth
and
strength
,
and
who
naturally
ought
to
have
his
heires
of
his
owne
body
.
Hee
must
informe
us
with
what
colour
of
piety
and
religion
he
bestowes
that
which
is
none
of
his
owne
,
he
takes
from
another
that
which
belongs
unto
him
,
hee
putteth
vassals
and
subjects
in
rebellion
against
their
Lords
and
Soveraignes
,
and
reverseth
the
grounds
of
all
justice
and
civill
government
.
Helmoldus
in
Chron
Slavorum
.
c.
Sigebertu●
sub
ann.
Venericus
Vercellensis
Ven●ricus
Ve●cellen
.
in
De
u●i●a●e
Eccles●
p.
As
for
that
which
he
addes
,
it
seemes
wondrous
strange
,
that
any
religious
Bishop
of
should
undertake
to
absove
any
man
from
his
oath
of
allegeance
.
See
how
the
Catholique
Church
defendeth
every
thing
which
is
not
reproveable
;
and
therefore
shee
defendeth
both
Popes
of
for
the
merit
of
their
religion
and
piety
:
none
of
which
(
as
we
very
well
know
)
absolved
the
from
their
oath
of
allegeance
which
they
had
sworne
to
their
King
,
as
Pope
giveth
out
in
writing
,
that
so
by
this
president
hee
may
cozen
the
Peeres
of
the
Realme
:
as
if
he
could
absolve
them
from
their
oath
of
allegeance
,
which
they
have
sworne
unto
their
King
in
the
Name
of
God
,
intending
by
that
meanes
to
depose
him
and
strip
him
of
his
Kingdome
.
Which
being
divers
times
attempted
within
these
fourteen
yeeres
last
past
and
above
,
did
never
yet
take
effect
for
all
that
.
Extat
●aec
apologia
●ive
epist.
Tom.
Concil.
edit
.
Colon.
Et
in
collect
.
de
jurisdict
.
imperiali
p.
Greg.
Heym
.
in
De
confutat
.
primat
.
Pap.
Marsilius
in
tract
.
de
translat
.
Imperii
.
c.
Of
the
translation
of
the
Empire
,
Apulia
,
Italy
For
this
reason
the
said
undertooke
to
excommunicate
the
said
and
perswaded
all
to
withdraw
themselves
from
his
obedience
,
and
as
much
as
in
him
lay
put
it
in
execution
,
howbeit
without
any
great
right
:
Hee
also
in
solemne
manner
forbade
him
to
receive
any
subsidies
:
By
what
authority
I
know
not
,
but
I
wot
well
by
what
temerity
.
Index
Expurgatorius
Iohannes
de
parisiis
in
De
potestate
regia
&
Papali
.
Dantes
Aligerius
in
De
Monarchia
.
Rodulphus
de
Columna
De
translatione
Imperii
.
Guilielmus
Occan.
lib.
dialogorum
part.
Et
in
De
potestate
Eccles.
q.
Antonius
de
Rosellis
in
De
potestate
Imperatoris
&
Papae
.
Iacobus
Almain
in
De
potestate
Ecclesiastica
.
Author
privilegiorum
&
jurium
Imperii
●
Theodorico
●
Nihem
restitutus
Somnium
Viridarii
.
AEneas
Sylvius
De
ortu
et
authoritate
Imper.
Rom
cap.
Imperatorem
.
part.
Andraeas
de
Iserina
in
usibus
seudorum
,
Tit.
Quae
sui
regal
.
Ioannes
Igneus
in
disputatione
.
An
Rex
Franciae
recognoscat
superiorem
.
Guicc●ardinus
lib.
Gregory
Haymburg
Gregorius
Haymburgensis
in
confurat
.
Primatus
Papae
part
.
Nicholas
de
Clemangiis
Marsilius
Patavinus
in
defpacis
part.
Some
say
that
there
is
another
common
prophecy
,
that
some
of
the
that
is
of
the
race
of
King
and
bloud
royall
,
shall
have
an
Emperour
of
by
name
who
shall
bee
Prince
and
Monarch
over
and
shall
reforme
the
Church
and
State
.
Of
whose
race
this
King
is
descended
in
c
,
Novit
.
Extra
.
de
judic
.
Hugh
Capets
The
diminution
of
the
number
of
C●rdinals
,
that
so
their
multitude
may
not
bee
so
great
and
burdensome
,
as
it
hath
hitherto
beene
:
That
it
may
not
be
objected
to
the
Court
of
Thou
hast
multiplied
thy
people
,
but
thou
hast
not
growne
greater
;
it
would
be
expedient
to
take
an
order
for
the
meanes
of
Cardinals
,
and
other
Clergy-men
,
so
as
it
may
not
be
lawfull
for
them
to
enjoy
that
prodigious
and
scandalous
plurality
of
benefices
:
of
which
abuse
the
ancient
Sages
have
complained
,
and
amongst
them
Bishop
of
Nicholas
de
Clemangiis
De
ruind
,
&
reparatione
Ecclesiae
,
But
omitting
their
vanity
who
can
sufficiently
expresse
the
infinite
and
insatiable
hunger
of
their
covetousnesse
?
First
of
all
,
what
greedinesse
is
this
to
hold
such
a
number
of
repugnant
and
incompatible
benefices
?
They
are
Monkes
and
Canons
,
Regulars
and
Seculars
:
Vnder
the
same
habite
they
enjoy
the
rights
,
degrees
,
offices
.
and
benefices
of
all
religions
of
all
Orders
,
of
all
professions
;
not
two
or
three
,
but
ten
,
twenty
,
an
hundred
,
two
hundred
;
yea
sometimes
foure
hundred
,
even
to
five
hundred
,
and
upwards
:
And
those
no
petty
ones
,
nor
contemptible
,
hut
of
the
fattest
and
best
,
and
how
great
a
number
soever
they
have
of
them
,
they
are
never
content
but
would
still
have
more
.
They
are
daily
suing
for
new
graces
,
new
grants
:
Thus
they
catch
up
all
the
vacancies
,
and
goe
away
with
all
.
Concil
constantiense
Sess.
Of
the
number
,
quality
,
and
Countrey
of
the
Lords
Cardinals
.
to
whom
it
belongs
,
as
being
now
P●p●
,
to
signifie
and
direct
Generall
Councels
.
Ordaining
neverthelesse
that
whatsoever
any
man
,
by
what
authority
soever
,
shall
attempt
to
the
contrary
,
whether
he
know
of
this
or
not
,
shall
be
void
and
of
no
effect
.
Wherefore
it
shall
not
be
lawfull
for
any
man
in
the
world
to
breake
or
infringe
this
present
Act
of
our
advice
,
pleasure
,
innovation
,
and
decrees
,
or
out
of
an
audacious
rashnesse
to
contradict
it
.
Session
.
ult.
in
fin●
.
If
it
so
fall
out
that
any
thing
herein
contained
,
stand
in
need
of
further
declaration
or
determination
,
besides
other
remedies
appointed
in
this
Councell
,
the
Holy
Synod
trusts
that
most
blessed
Bishop
of
will
take
order
that
the
necessities
of
the
Provinces
shall
be
provided
for
to
Gods
glory
and
the
peace
of
the
Church
;
either
by
sending
for
such
(
out
of
those
Provinces
especially
where
such
difficulty
shall
arise
)
as
hee
shall
thinke
fit
to
negotiate
such
a
businesse
;
or
by
holding
a
Generall
Councell
if
hee
thinke
it
necessary
;
or
any
other
more
commodious
way
as
hee
thinks
good
.
de
Monte
Of
our
●wn
proper
motion
,
certaine
kn●●ledge
,
and
full
power
Apostolicall
,
with
advice
and
consent
correspondent
,
wee
give
you
full
and
absolute
power
by
authority
Apostolique
,
by
the
tenure
of
these
Presents
to
transferre
and
remove
the
said
Councell
from
to
some
such
other
City
,
as
you
shall
thinke
fit
;
and
to
suppresse
and
dissolve
it
in
the
said
City
of
and
to
prohibite
the
Prelates
and
other
persons
of
the
said
Councell
to
proceed
any
further
at
the
said
upon
paine
of
Ecclesiasticall
censures
and
punishments
;
and
to
cite
the
said
Pr●lates
,
and
other
persons
of
the
Councell
unto
that
city
whither
it
shall
bee
transferred
,
upon
paine
of
perjury
,
and
other
punishments
expressed
in
the
letters
of
Convocation
.
This
holy
Oecumenicall
Councell
,
&c.
considering
that
upon
the
of
March
this
present
yeere
,
in
a
generall
publique
Session
holden
in
the
said
city
of
at
the
accustomed
place
,
all
things
requisite
to
bee
done
being
first
done
after
the
usuall
fashion
,
upon
some
earnest
,
urgent
and
lawfull
reasons
,
and
by
the
intervening
authority
of
the
Holy
Apostolique
See
,
granted
in
speciall
manner
to
the
said
right
Reverend
Presidents
,
decreed
and
ordained
,
&c.
Or
consented
unto
,
and
approved
by
him
Eusebius
de
vlta
Constant.
l.
Theodoret.
l.
Ruffin
l
Hist
tripartit
.
l.
c
ult
l.
Zonaras
to
V.
Tom.
V.
Isidori
d●cret
.
Parisus
impress
.
ann.
Et
ann.
Et
an●
The
Emperour
seeing
there
was
some
trouble
in
the
Church
,
called
a
Generall
Councell
,
exhorting
by
his
letters
all
Bishops
to
repaire
unto
a
City
of
Eusebi●●
,
Theodoret
,
Socrates
,
Zonaras
,
Ruffin
Rome
;
In
the
time
of
Pope
the
Emperour
,
there
was
a
great
Councell
holden
at
where
three
hundred
and
eighteen
Catholique
Bishops
were
regularly
assembled
by
the
call
and
command
of
Pope
At
which
Councell
the
most
happy
Bishop
of
was
president
Instead
of
Pope
Paris
ann.
Cullen
ann.
was
holden
in
time
with
his
consent
the
Emperour
and
Pope
assembled
the
Theodoret.
l.
Constantinople
:
Being
come
to
the
Empire
hee
purposed
in
his
minde
above
all
things
to
provide
for
the
unity
of
the
Church
,
and
to
that
end
commanded
all
Bishops
,
of
what
Bishoprique
soever
,
to
repaire
to
Since
the
time
of
our
assembly
at
by
your
command
&c.
●xtat
.
haec
epist.
in
libello
constitut●onum
Synodalium
.
Tom.
These
are
the
things
which
were
decreed
by
the
Bishops
that
came
to
out
of
divers
Co●ntries
,
being
called
thither
by
●he
Emperour
.
Zonaras
By
the
Emperours
command
was
the
second
Councell
proclaimed
,
and
the
holy
Fathers
assembled
at
To
our
most
honoured
Lords
,
most
reverend
and
most
devout
Fathers
and
associats
,
and
other
holy
Bishops
assembled
in
the
great
City
the
holy
Senate
of
Orthodoxe
Bishops
assembled
in
the
great
City
send
greeting
in
the
Lord
But
after
that
you
,
proceeding
by
the
will
of
God
,
to
the
calling
of
the
Synod
of
of
your
brotherly
charity
called
us
thither
as
your
fellow
members
,
by
virtue
of
the
letters
of
the
most
devout
Emperour
,
that
wee
alone
having
endured
the
afflictions
,
you
might
not
now
r●igne
without
us
under
the
peace
of
th●
most
pious
Emp●rour
,
but
receive
us
rather
into
the
society
of
such
a
Kingdome●
according
to
the
word
of
the
Apostl●
,
wee
have
all
earnestly
desir●d
(
if
it
were
possible
)
to
apply
our selves
to
your
d●sire
,
or
rather
to
the
present
exigency
,
leaving
our
owne
Churches
;
but
considering
how
by
this
meanes
those
that
were
restored
againe
would
be
abandoned
,
and
many
of
us
could
not
doe
it
,
by
reason
that
wee
resorted
to
upon
those
letters
sent
the
last
yeare
,
by
your
Reverences
,
to
the
most
holy
Emperour
after
the
holding
the
Councell
of
Aquil●ia
,
for
this
reason
and
others
such
like
,
seeing
wee
cannot
all
come
,
wee
have
intreated
our
brethren
and
companions
Bishops
,
to
take
so
much
paines
as
to
come
unto
you
,
to
let
you
understand
the
desire
wee
have
of
the
union
.
Theod.
l.
To
the
most
milde
Christian
Emper●urs
,
and
most
happy
Princes
,
the
holy
Councell
assembled
at
sendeth
greeting
We
doe
abhorre
(
most
milde
Princes
)
such
execrable
sacriledges
,
and
such
wicked
doctrines
;
and
to
the
end
that
they
may
deceive
people
no
more
,
wee
have
thought
good
that
they
bee
degraded
from
their
Priesthood
,
and
beseech
your
majesties
to
cause
such
patrons
of
impiety
be
driven
out
of
the
Church
,
and
make
them
be
summoned
befor●
competent
Iudges
.
by
command
of
your
letters
by
reason
of
your
letters
denyed
the
divinity
of
the
Holy
Ghost
,
but
opposed
him
stoutly●
Bellarmine
by
the
second
Synod
Socrates
l.
The
Bishops
came
together
from
all
parts
,
and
met
at
by
the
Emperours
command
would
not
submit
to
the
advise
of
Bishops
of
old
Evagrius
l.
but
belched
out
his
venome
against
the
Church
,
and
demanded
that
a
Councell
might
be
assembled
at
by
the
authority
of
the
younger
,
who
at
that
time
governed
the
Easterne
Empire
were
dispatcht
from
the
Emperour
unto
and
the
rest
of
the
Bishops
.
Niceph.
l.
commanded
by
his
letters
Imperiall
the
Bishops
of
all
places
to
come
to
setting
them
a
day
against
the
feast
of
Pentecost
.
Pamphylia
,
The
holy
Synod
assembled
at
by
the
grace
of
God
and
good
pleasure
of
the
most
devout
Kings
,
to
the
holy
Synod
of
V.
Libel
.
Constitut
.
Synodal
.
Tom.
The
Synod
by
the
grace
of
God
,
and
by
virtue
of
the
Edict
of
our
most
devout
Kings
,
lovers
of
Christ
,
assembled
in
the
Metropolitan
City
of
The
Synod
was
assembled
in
the
Metropolitan
City
of
by
virtue
of
the
Emperours
Decree
:
Let
the
Edict
which
was
sent
by
the
most
pious
and
most
Christian
Emperours
be
read
,
and
give
light
like
a
torch
unto
such
things
as
wee
now
beginne
to
treat
of
.
Which
your
majesties
commanded
to
meet
at
The
time
for
holding
the
Synod
was
appointed
by
the
most
devout
Emperours
,
to
bee
upon
the
day
of
Pentecost
;
so
did
their
first
letters
,
by
which
wee
are
summoned
thither
,
command
.
The
sacred
Synod
assembled
at
by
virtue
of
the
Edict
of
the
most
devout
,
and
most
Christian
Emperours
,
having
found
that
the
enemy
of
Christ
continues
obstinate
in
his
perverse
opinion
,
hath
deprived
him
of
his
orders
,
and
degraded
him
.
the
most
holy
Bishop
of
Great
had
signified
the
judgement
which
was
past
by
him
and
his
before
any
Synod
was
assembled
at
and
intrusted
in
his
stead
the
most
holy
and
religious
Bishop
of
with
the
putting
of
that
in
execution
which
was
determined
at
Evagrius
,
Photius
shewes
in
his
Chronicle
Prosper
in
Chron.
that
the
Councell
of
was
holden
by
the
industry
of
and
the
authority
of
This
impiety
was
principally
opposed
by
the
industry
of
Bishop
of
and
the
authority
of
Pope
The
Synod
being
assembled
at
of
above
was
there
condemned
,
and
that
heresie
which
tooke
the
name
from
him
.
Martinus
Polonus
in
Celestino
sub
ann.
Martinus
Polonus
by
the
commandement
of
Pope
the
younger
Concil.
Chalc.
Tom.
That
a
Synod
was
held
in
the
Metropolitane
of
by
the
Decree
of
the
most
devout
and
faithfull
Emperours
,
C
de
sum
.
t●●m
whosoever
dare
call
in
question
,
and
publiquely
dispute
those
things
which
have
beene
once
judged
and
well
determined
,
hee
wrongs
the
reverend
Synod
:
forasmuch
as
those
things
which
were
agreed
upon
concerning
the
Christian
faith
,
by
the
Clergy
assembled
in
by
our
command
were
determined
according
to
Apostolicall
expositions
,
&c.
Martinus
Polonus
The
fourth
Synod
of
consisting
of
six
hundred
and
thirty
Bishops
,
was
holden
by
the
industry
of
Pope
and
the
command
of
the
Emperour
Theodosius
,
Valentinian
Extat
haec
epist
inter
epist
praeambulares
Concil.
Chal
ced.
Tom.
Concil.
p.
The
Emperour
intreats
the
Pope
to
come
and
hold
the
Councell
.
It
remaines
,
that
,
if
it
please
your
Holynesse
to
come
into
those
parts
to
celebrate
the
Councell
,
you
would
be
pleased
to
doe
so
out
of
religious
affection
.
If
hee
would
not
be
present
at
it
,
hee
would
tell
them
so
,
to
the
end
that
they
might
call
the
Bishops
unto
that
place
which
should
be
pitcht
upon
,
to
provide
for
the
Christian
religion
,
and
the
Catholique
faith
,
by
their
decision
;
as
your
Holynesse
shall
determine
according
to
Ecclesiasticall
constitutions
.
That
many
holy
Bishops
are
assembled
in
by
the
command
of
Pope
That
the
Apostolique
See
by
her
sole
authority
,
decreed
that
the
Councell
of
should
bee
holden
Extat
h●c
epistola
in
libello
Constitution●
Synodalium
to
.
Et
apud
athanas
.
apolog.
Sozomen
l.
Wee
have
summoned
you
unto
the
royall
City
,
exhorting
you
in
generall
,
that
when
you
are
come
thither
,
you
would
declare
your
opinion
and
your
minds
about
these
matters
.
Nicephorus
Iustinian
.
in
epist
ad
Episcopos
Synodi
Constantin
.
Tom.
Niceph
l.
Zomaras
Tom.
in
Constantino
Martinus
Poton●●
in
Constantino
Et
Iustin●a●o
Et
in
Agathone
&
sub
ann.
Canone
Habeo
horum
dist
The
Emperour
called
the
fifth
Oecumenicall
Councell
,
and
cited
the
Bishops
of
all
Churches
unto
it
upon
this
occasion
.
Martinus
Polonus
holy
Synod
after
the
publication
of
the
sentence
against
the
the
Emperour
that
called
it
dying
presently
after
,
The
sixth
Generall
Councell
was
holden
at
in
the
time
of
Pope
by
the
care
and
diligence
of
the
Emperour
who
was
there
in
person
Synodus
Nic.
in
princ
.
Tom.
Concil
p.
Tarasiu●
in
Epist.
ad
Ioannem
presbyt
.
tom
.
Concil.
p
Zonaras
tom.
Irene
.
The
holy
and
Generall
Synod
assembled
by
the
pious
Decree
of
those
Emperours
,
in
the
most
famous
City
of
the
Metropolis
of
Zonaras
tom.
in
Basilio
Imp.
come
into
the
great
Church
upon
a
festivall
day
,
to
receive
the
unbloudy
sacrifice
,
was
hindered
by
the
Patriarch
,
who
called
him
murtherer
:
but
he
being
incensed
with
this
repulse
,
calling
a
Councell
,
cast
out
of
the
Church
Nicolau●
Cusanus
,
de
Concordia
Cath.
l.
Theodoret.
l.
The
Emperour
called
together
a
great
company
of
Bishops
out
of
and
opposed
them
as
an
army
of
God
against
that
enemy
of
mankinde
.
Eusebius
in
vita
Const.
l.
c.
●
V
Concii
.
Carthag
an
princ
.
tom
Concil.
p.
Theodoret.
l.
About
that
time
making
his
abode
at
called
and
assembled
the
Bishops
together
againe
.
V.
Gesta
Conc.
Aquil.
eiensi●
to
.
Concil.
p.
The
Emperours
the
younger
,
called
a
Councell
at
consisting
of
Bishops
,
for
the
condemning
of
the
Martinu●
Polonu●
Martinus
Polonus
in
Honori●●
sub
ann.
Flavius
Marcellinus
V.
Gesta
Collat.
Carthag
.
circa
princip.
V.
Acta
sext●
Synodi
,
in
Trullo
apud
.
Bal●amon
.
In
prin.
Romanae
Synodi
Con.
p.
Italy
.
Th●●
holy
Synod
assembled
at
out
of
divers
Nations
by
the
command
of
King
Aix
the
Chappell
Concil.
p.
Author
.
appendicis
ad
Eutrop.
Whereas
the
most
Christian
and
glorious
Emperour
hath
called
a
holy
and
Generall
Councell
at
Called
a
Councell
making
all
the
Bishops
of
meet
to
condemne
that
wicked
person
.
The
Emperour
having
called
a
Councell
after
hee
had
there
compelled
Platina
in
Ioanne
Idem
in
Gregorio
as
three
most
hideous
monsters
to
renounce
the
Popedome
,
he
created
Bishop
of
Pope
,
who
was
afterwards
called
The
Emperour
having
called
a
Councell
at
Martinus
Polonus
sub
ann.
consisting
of
Bishops
,
and
divers
noble
men
commanded
that
all
the
decrees
of
Pope
should
be
cassed
and
cancelled
that
after
the
example
of
the
ancient
Emperours
,
Radenicus
l.
de
gestis
Fred.
c.
Idem
lib.
Iean
le
Maire
en
la
seconde
partie
du
schisme
.
the
power
of
calling
a
Councell
belonged
unto
himselfe
.
Iohn
le
Maire
German
,
French
,
English
,
Spanish
Theodoret.
l.
Niceph.
hist.
l.
V.
Tom.
Act.
Concil.
Ephes.
c.
Rome
,
As
for
the
four
first
Generall
all
Councels
,
three
of
them
were
called
by
the
Christian
Emperours
Can.
Sancta
●omana
.
dist
to
wit
,
the
that
of
the
elder
,
and
that
of
by
the
Emperour
Can.
Valentinianus
.
dist.
Hieron
.
l.
Iacobatius
l.
de
Conc.
art
Bellarm.
l.
de
Concil
c.
circa
princip
Tell
mee
by
what
Emperours
command
that
Synod
was
called
?
Cardinalis
I●cobatius
lib.
de
Concil
art
V.
etiam
Bellarmin
.
l.
de
Concil.
c.
ubi
de
Concilio
Constantinop.
Theodoret.
l.
and
therefore
if
it
please
your
Holynesse
command
that
an
assembly
be
called
to
sit
upon
him
to
the
end
that
if
he
be
to
be
condemned●
sentence
may
passe
upon
him
in
manner
and
forme
Ecclesiasticall
.
Ephesus
.
These
things
were
no
sooner
known
to
the
other
Patriarchs
Zonaras
tom.
Pope
of
Patriarch
of
opened
the
cause
to
the
Emperour
the
Empresse
,
humbly
entreating
them
to
cause
the
opinions
of
to
bee
examined
in
a
Councell
.
Sozomen
.
l.
sent
five
Bishops
and
two
Priests
to
the
Emperours
to
entreat
a
Synod
of
them
,
together
with
the
time
and
place
for
the
calling
of
it
.
Leo
epist.
Zonaras
l.
Gregorius
in
registro
c.
Wee
are
urgent
upon
you
by
our
second
exhortation
,
that
for
the
reward
which
you
shall
thence
reape
,
you
would
command
a
Synod
to
bee
assembled
,
and
(
as
we
have
long
since
writ
unto
you
)
cause
the
corporall
vices
of
the
Priests
,
and
the
foule
heresie
of
Simony
to
bee
condemned
by
the
joynt
sentence
of
all
the
Bishops
;
and
to
bee
utterly
rooted
out
of
all
the
confines
of
your
dominions
.
Burchard
l.
decret.
c.
Gregorius
in
Registro
l.
Athanasius
in
epist.
ad
Solitarios
T●eodoret
.
l.
Theodoret
l.
They
perswaded
him
to
call
a
Councell
at
a
City
of
and
compell
all
the
Bishops
to
subscribe
to
the
abdication
of
the
injust
judges
of
and
to
set
out
a
new
Creed
,
and
cast
out
of
the
Church
.
Thither
the
Bishops
came
in
obedience
to
the
Emperours
royall
command
.
Eusebius
Socrates
.
l
Sozomen
.
l.
Idem
lib.
Theodosius
;
But
whereas
you●
proceeding
to
the
holding
of
a
Councell
at
have
out
of
your
brotherly
charity
summoned
us
thither
,
by
virtue
of
the
Emperours
letters
,
as
your
fellow
members
,
Eusebius
lib.
de
vita
Constantini
cap.
Act.
Concil.
Ephes.
As
for
the
proclaiming
of
the
most
holy
Councell
our
clemency
hath
given
out
our
letters
to
all
the
Metropolitan
Bishops
.
Chalcedon
,
Iohn
who
was
Deputy
for
his
Holynesse
the
Archbishop
of
and
used
Bishop
of
for
his
interpreter
said
that
the
most
holy
Bishop
of
had
beene
summoned
by
the
most
Christian
Emperours
,
by
their
letters
of
the
same
tenure
.
Concil●
Chalced.
Sozomen
.
l.
Act.
Concil.
Ephes.
the
Bishops
desired
they
should
be
translated
into
Greek
,
and
read
over
againe
Act.
Concil.
Ephes.
Gregor●
in
reg●s●ro
indict.
Graecum
est
,
non
legitur
omnia
jura
in
scrinio
pectoris
I
suppose
you
have
heard
how
there
was
a
Synod
called
at
Tarasiu●
in
ep.
●●
Ioan
presb
tom
.
whither
wee
are
gone
,
as
also
all
true
Priests
:
namely
the
Delegates
aswell
of
the
Pope
of
old
as
of
the
great
Bishops
of
the
East
,
and
divers
other
holy
Bishops
according
to
the
letters
of
the
most
devout
Emperours
.
When
all
were
agreed
upon
is
,
holy
being
elected
Patriarch
,
hee
and
the
Emperours
sent
to
old
was
then
Pope
,
and
to
all
other
Patriarchs
,
requiring
them
to
send
some
in
their
place
to
assist
at
the
Councell
.
Bellarm.
l.
de
Concil.
c.
The
Emperours
when
they
called
Councels
,
summoned
all
other
Bishops
by
way
of
Edict
and
command
:
but
for
the
Pope
they
intreated
him
,
that
if
hee
pleased
,
hee
would
vouchsafe
to
come
thither
.
Aquileia
,
Africa
,
France
Vid
Can.
prima
adnotatio
dist.
The
Councels
of
Priest●
,
which
by
the
Ecclesiasticall
Canons
ought
to
bee
holden
every
yeere
through
the
Provinces
,
C●●
.
Concii
.
dist.
have
lost
their
force
and
power
,
inasmuch
as
the
Pope
is
no
longer
present
with
them
.
Can.
nec
lichit
.
et
Can.
multis
cadem
dist.
Lu●tprandus
de
●
.
bus
per
Europam
gestis
lib:
M.
Adamus
in
hist.
Eccles
c
Plat●n●
in
.
Ioanne
●n
Benedicto
in
Sylves●ro
in
Clement
Otho
F●i●ingensis
lib
Platina
.
in
Gregorio
V.
Acta
Conc●l●
Pisani
N●ucl●rum
to.
Silly
fooles
that
you
are
,
did
you
ever
read
of
ought
that
was
determined
in
them
but
by
appointment
from
the
See
Apostolique
,
and
without
having
constant
recourse
to
that
See
to
consult
when
any
matter
of
importance
was
in
hand
?
That
it
is
not
lawfull
to
assemble
any
particular
Councell
;
nor
was
it
ever
permitted
so
to
doe
:
but
when
any
question
was
to
bee
resolved
either
touching
some
doubtfull
passages
in
Generall
Councels
,
or
touching
salvation
,
recourse
was
wont
to
bee
had
unto
the
See
Apostolique
.
The
power
of
calling
Generall
Councels
was
by
speciall
priviledge
devolved
upon
the
See
Apostolique
by
Saint
Theodosius
,
Valentinian
Leo
Papa
in
ep.
ad
Turbium
Sixtus
Papa
in
epist
ad
Orientales
V.
epist.
Marcel
.
ad
Episc●
Anti●chen
.
Et
rescriptum
Iulii
contra
Orientales
in
decret.
Isidori
p.
That
Councels
cannot
bee
holden
without
the
authority
of
the
See
of
Wee
have
sent
out
our
letters
to
our
brethren
and
fellow-Bishops
of
and
have
summoned
them
to
a
Generall
Councell
.
But
if
any
thing
hinder
the
celebration
of
a
Generall
Councell
,
(
which
God
forbid
)
yet
at
least
let
the
Clergy
of
assemble
themselves
That
a
Generall
Councell
cannot
be
holden
,
unlesse
they
be
called
to
it
.
Socrates
.
l.
Nicephorus
l.
Which
forbids
the
making
of
Decrees
in
the
Church
,
or
the
celebration
of
Councels
,
without
the
opinion
and
advise
of
the
Bishops
of
in
his
letters
to
the
Bishops
of
the
Councell
of
Socrat.
l.
tels
them
they
had
offended
against
the
Canons
of
the
Church
,
in
that
they
called
not
him
to
the
Councell
:
Forasmuch
as
the
Ecclesiasticall
Canon
forbids
the
making
of
any
Decrees
in
the
Church
without
the
opinion
and
advise
of
the
Bishop
of
Sozom.
l.
writ
to
the
Bishops
which
were
assembled
at
accusing
them
for
seeking
after
novelties
,
contrary
to
the
faith
and
beliefe
of
the
Councell
,
and
contrary
to
the
lawes
of
the
Church●
for
not
calling
him
to
the
Councell
:
Forasmuch
as
,
by
virtue
of
a
law
made
in
behalf
of
the
dignity
of
Priests
,
all
Decrees
are
invalid
which
are
enacted
without
the
opinion
and
advise
of
the
Pope
of
B●l●amo
in
comment
.
ad
Synod
.
Constant.
the
Synod
of
be
no
Generall
Councell
,
because
the
other
Patriarches
were
not
there
;
yet
is
it
greater
than
all
other
Synods
,
and
the
Archbishop
is
styled
,
Vniversall
Patriarch
Socrat
l.
Synod
.
to
Con●il
.
in
fine
ejusdem
Synodi
.
Zonara●
to
Gave
thanks
to
God
at
his
comming
,
because
hee
supplyed
what
was
wanting
to
a
Generall
Councell
,
and
made
it
most
compleat
.
The
five
Architects
of
the
Ecclesiasticall
tabernacle
.
Zonaras
The
Keyes
or
Princes
of
the
Councell
Author
explanationis
Sanctor●m
et
venera●
Concil
c
Actor
.
Co●cil
.
Ephes.
Concilii
Chalced.
Seeing
so
much
hath
been
done
as
was
decent
and
convenient
for
the
Holy
Councell
to
doe
,
I
hold
it
no
way
necessary
to
delay
the
time
any
longer
.
V.
Acta
Synodi
in
definitio●e
Concilii
ante
adventum
v●carii
sen.
Rom.
To
Considering
the
deputies
for
the
See
of
old
have
bee●e
a
long
time
expected
,
and
that
it
is
against
all
reason
to
wait
for
them
any
longer
,
wee
hold
it
an
unbeseeming
thing
to
slight
and
endanger
the
tottering
Church
of
our
Saviour
Iesus
Christ
by
such
delayes
.
Bellar.
l.
de
Concil.
●
Marcellus
in
epist.
decretali
ad
episc
.
●ntio●h
.
Prov.
to
Can
Sexaginta
.
Can.
Clement
.
Can.
Placuit
.
dist.
Bellar.
l
de
Concil.
c.
Synod●s
Alexand●ina
in
epist.
ad
Feli●em
.
in
de●reto
Isiodori
p.
V.
Can
Concilii
Carthag
.
et
Balsamon
.
in
laud.
A●
for
the
Councell
That
it
is
a
plaine
case
,
that
if
any
bee
ordained
Bishop
without
the
opinion
and
advise
of
the
Metropolitan
,
hee
ought
not
to
bee
acknowledged
for
such
.
Forasmuch
as
the
Bishop
of
is
Patriarch
of
the
Westerne
Provinces
,
The
Canons
meane
that
Patriarches
should
be
above
Metropolitans
,
and
Metropolitans
above
Bishops
;
to
the
intent
that
no
matter
of
moment
and
importance
bee
done
by
the
Bishops
without
them
.
Socrat.
l.
et
Sozomen
.
l.
Balsamo
in
Synodum
Constant●
in
Trullo
.
p.
A
way
was
invented
because
of
the
length
of
the
way
,
that
the
Pope
should
have
Legats
out
of
our
quarters
,
yet
were
they
not
therefore
under
him
.
Theodoret.
l.
Of
whose
opinion
and
advise
speciall
regard
ought
to
bee
had
above
all
others
.
Martinus
Polonus
in
Victore
su●
ann
Platina
in
Victore
Eusebi●●
hist.
l.
Ierusalem
,
Theophilus
Eu●ebius
hist.
Eccles.
l
ad
Episc
Antioch
.
&
ad
Maxentium
tyrannum
in
decreto
Isiodori
pag.
Can
de
lib●ll●s
dist.
Can.
Si
Romanorum
dist.
Gra●ian●
in
versic.
quomodo
:
&
Can.
vigi●t
dist.
Hermoge●ianu●
in
le
.
Si
de
interpetatione
D.
de
leg●b
.
Whether
the
Pope
ought
to
call
Councels
,
or
no
:
Platina
in
Calisto
And
for
the
prescribing
of
a
remedy
pleasing
to
God
,
and
proper
for
this
disease
,
we
have
resolved
,
upon
the
advice
of
certaine
godly
and
religious
men
,
to
hold
a
generall
Councell●
which
we
appoint
to
be
at
Idem
.
lib.
The
Emperour
supposing
that
the
authority
of
calling
a
Councell
appertained
unto
him
,
after
the
example
of
and
that
the
controversie
could
not
be
determined
by
any
lawfull
judgement
,
unlesse
both
parties
were
summ●ned
thereunto
,
sent
Bishops
both
to
the
one
and
the
other
to
summon
them
.
Idem
lib.
Platin.
in
Alex.
he
did
not
call
it
himselfe
.
Balsamo
in
can
conc
.
Nic.
that
the
Bishop
of
is
the
president
of
the
Westerne
provinces
,
Synod
.
Agrip.
to
Concil.
p.
Anno
Dom.
V.
Histor
B.
Servat●●
&
Synod
.
Aquilei●●
〈◊〉
.
Concil.
p.
France
,
Africke
France
,
Spaine
Theodoret
l.
Sozomen
l.
&
l
B●sil
.
epist.
Ambros
epist.
Radenicus
l.
the
Archbishops
,
Bishops
,
Abbats
,
and
other
Ecclesiasticall
persons
,
as
well
in
all
his
Empire
,
as
in
other
kingdomes
;
to
wit
of
Idem
ibid.
of
the
Councell
That
the
Kings
of
consented
thereunto
Having
asked
the
advice
and
sounded
the
mindes
of
Christian
Princes
,
whose
consent
in
the
first
place
we
thought
usefull
and
convenient
,
and
finding
them
not
averse
from
this
our
designe
,
we
have
thereupou
denounced
the
Councell
.
Although
the
present
troubles
of
the
Church
have
moved
as
to
desire
and
procure
by
all
meanes
possible
,
the
holding
of
a
Generall
and
Oecumenicall
Councell
,
and
that
our
holy
father
the
Pope
,
the
Emperour
,
and
other
Christian
Kings
and
Princes
,
by
their
severall
answers
made
upon
our
instant
request
and
suit
unto
them
thereabout
,
doe
make
a
faire
show
of
being
willing
to
hearken
thereunto
,
&c.
Guiliel
Neu●●rigens
.
rerum
Anglicarum
●
.
Bennet
,
sent
his
Ambassadours
to
the
Emperour
,
the
Kings
of
to
entreat
them
to
have
a
regard
to
what
concerned
the
publique
good
and
quiet
.
Conc
Trid.
Sess.
Provinciall
Councels
if
they
have
beene
any
where
disused
,
let
them
,
for
reformation
of
manners
,
correction
of
abuses
,
composing
of
Controversies
,
and
such
other
ends
as
are
allowed
by
holy
Canons
,
be
brought
up
againe
.
Wherefore
let
the
Metropolitans
themselves
,
or
,
if
there
bee
any
lawfull
impediment
why
they
cannot
,
the
senior
Bishop●
within
a
yeare
at
the
furthest
,
after
the
end
of
this
present
Councell
,
and
after
that
once
every
three
yeers
at
least
,
after
the
octaves
of
the
resurrection
of
our
Lord
Iesus
Christ
,
or
at
some
other
more
convenient
time
,
according
to
the
custome
of
the
Countrey
,
not
faile
to
call
a
Synod
in
their
severall
Provinces
.
That
at
the
first
Provinciall
Synod
which
shall
bee
holden
after
the
end
of
this
present
Councell
,
they
publiquely
receive
all
and
singular
such
things
as
have
beene
determined
and
ordained
by
this
holy
Synod
,
and
withall
promise
and
professe
true
obedience
to
the
Bishop
of
Rome
.
The
most
Christian
Kings
have
alwayes
,
as
occasion
and
the
necessities
of
their
Countrey
required
,
assembled
,
or
caused
to
assemble
,
Synods
or
Councels
Provinciall
and
Nationall
:
Who
among
other
things
concerning
the
preservation
of
their
State
,
have
also
treated
of
such
matters
as
concerned
the
order
and
Ecclesiasticall
discipline
of
their
Countrey
:
touching
which
they
have
caused
rules
,
Chapters
,
lawes
,
ordinances
,
and
Pragmaticall
Sanctions
to
be
made
and
set
out
under
their
name
,
and
by
their
authority
.
Concil.
Aurel.
c.
To
their
Lord
,
the
most
illustrious
King
the
sonne
of
the
Catholique
Church
.
All
the
Clergy
whom
you
commanded
to
come
unto
the
Councell
.
Concil.
Aurelian●●
in
princ●
&
in
●ine
.
to
.
Con
p.
Conc.
Aurelian.
Conc.
p.
Concil.
Paris
in
princ
.
to
Concil
p.
Wee
are
here
assembled
in
the
citie
of
by
the
command
of
our
most
illustrious
Kings
.
Wherefore
the
most
mild
and
invincible
Prince
having
assembled
the
Clergy
in
the
citie
of
Childebert
,
ann.
Being
met
in
the
citie
of
by
the
command
of
our
most
illustrious
King
Wee
being
assembled
in
the
towne
of
by
the
command
of
our
most
illustrious
King
Conc.
Matisc.
in
princ
.
●o
.
Con.
p.
Conc.
Valentin
.
Gall.
in
princ
.
to
Conc.
p.
Edictum
Regis
Guntrandi
ad
●inem
Conc.
Matisc.
to
Conc.
p
Cabilonense
Conc.
in
princ
.
to
Conc.
p.
wee
will
and
command
,
that
whatsoever
is
contained
in
this
our
Edict
,
bee
for
ever
observed
and
kept
,
forasmuch
as
wee
have
taken
paines
to
cause
it
to
bee
so
determined
at
the
holy
Synod
of
By
the
call
and
appointment
of
the
Illustrious
King
France
,
ann.
Duke
and
Prince
of
the
with
the
advice
of
the
servants
of
God
,
and
the
chiefe
Lords
of
the
Land
,
have
assembled
in
a
Councell
all
the
Bishops
of
my
Kingdome
,
together
with
the
Priests
,
in
the
yeere
of
Christs
incarnation
Synod
.
Francica
in
Princ.
tom
.
Conc.
p.
Synod
.
Suessionens
.
in
princ
.
to
.
Conc.
p.
Childeric
,
Pepin
In
the
second
yeer
of
King
,
I
Duke
and
Prince
of
with
the
consent
of
the
Bishops
and
Clergy
,
after
I
had
consulted
thereabout
with
the
chi●fe
Lords
of
determined
to
hold
a
Synod
or
Councell
at
which
wee
have
also
done
Wee
ordaine
with
the
consent
and
advice
of
the
Bishops
,
and
chiefe
Lords
of
the
Land
.
caused
almost
all
the
Bishops
to
meet
at
the
Councell
of
Con.
p.
Libel
.
Sacro●yl
.
in
Actis
Conc.
Franco●s●h
to
.
Conc.
p.
A
great
number
of
Bishops
out
of
all
the
Provinces
under
the
dominion
of
the
most
mild
&
Illustrious
King
assembled
themselves
with
especiall
care
,
by
virtue
of
his
ordinance
and
command
.
Charles
To
accomplish
that
joy
,
being
incited
thereunto
by
a
fraternal
Charity
,
we
have
commanded
that
a
Synodicall
Councell
bee
assembled
,
out
of
all
the
Churches
of
our
Dominions
.
The
King
in
the
beginning
of
harvest
(
what
time
●ee
called
also
a
generall
meeting
of
the
States
)
caused
a
Councell
of
Bishops
,
out
of
all
the
Provinces
of
his
Do●inions
,
to
meet
in
the
same
citie●
to
condemne
the
heresie
of
the
where
the
Legates
of
the
Pope
of
were
present
also
For
it
having
oftentimes
befalne
the
humility
of
my
meannesse
,
to
be
present
at
the
Generall
assembly
of
a
Councell
,
very
famous
for
reverend
fathers
,
being
thereunto
summoned
by
the
sacred
commands
of
our
Princes
.
Concil
Foro.
juliense
versus
Princ.
to
Conc
p.
Synod
.
Arelat.
sub
Princ.
to
Conc.
p.
Turonens
.
Synod.
in
Princ.
to
Conc.
p.
Concil
Moguntin.
Con.
p.
Synod
.
Rhemens
.
in
Princ.
to
.
Conc.
p.
Matth.
West●●●●●●
.
●
sub
ann.
That
he
(
God
)
would
confirme
in
his
faith
the
Emperour
our
Soveraigne
,
by
whose
commandement
we
are
here
assembled
.
Wee
are
come
to
the
city
of
according
to
your
command
V.
Regino
in
Chronicis
,
sub
annis
Concil.
●qui
.
in
Princ.
to
.
Conc.
p.
Matth
Westm.
l
sub
ann.
Victorious
,
Augustus
Conc.
Paris
.
in
princ
.
to
.
Conc.
p.
Epist
Episc.
ad
Imperat.
in
Actis
Concilli
Paris
.
to
.
Conc
p●
Concil.
Aqui.
gran
in
princ
.
to
Conc.
p.
Hereupon
they
ordained
that
Synods
should
bee
assembled
at
the
same
time
in
foure
severall
convenient
places
of
their
Empire
.
Here
beginneth
the
preface
of
the
Synod
which
was
holden
at
by
the
command
of
the
most
Illustrious
Emperours
his
sonne
We
the
most
loyall
and
most
dev●u●
sollicitours
of
your
salvation
,
according
to
the
meannesse
of
our
understanding
,
in
obedience
to
your
desire
and
command
,
have
observed
and
set
downe
in
these
precedent
papers
such
things
as
concerne
Christian
religion
;
which
we
present
unto
your
clemency
to
be
perused
and
approved
of
by
you
.
Concil
M●gunt
.
in
princ
.
to
.
Concil
p●
Synod
Aquensis
to.
Conc.
p.
Whereas
we
Bishops
were
assembled
together
by
a
Synodicall
convocation
,
the
most
Illustrious
and
most
orthodox
Emperour
the
most
invincible
having
summoned
us
thereunto
Mentz
,
anno
We●
are
come
to
according
to
your
commendment
By
a
seasonable
and
most
wholesome
order
and
command
from
the
Emperour
was
created
Bishop
of
who
by
command
from
King
held
a
Synod
at
the
same
yeare
There
was
likewise
by
the
will
and
command
of
the
same
most
milde
Prince
,
a
Synod
holden
at
a
Metropoliticall
Citie
of
the
reverend
Archbishop
of
the
place
,
was
president
.
Concil
Valent.
in
princ
to.
conc
.
p.
The
most
reverend
Bishops
of
three
provinces
being
,
by
the
command
of
King
assembled
together
in
one
body
at
the
City
of
upon
occasion
of
the
Bishop
thereof
,
who
had
beene
cited
and
impeached
of
diver●
crimes
.
Histoire
de
Reins
●
That
the
Canons
concluded
and
agreed
upon
at
the
Generall
Councell
assembled
in
S.
Church
in
by
the
diligence
of
King
bee
inviolably
observed
Histoire
de
Reins
l
In
the
yeare
called
the
Bishops
of
his
Realme
to
a
Synod
at
summoned
forth
of
the
Province
of
Conc.
Ticin
in
princ
to
Conc.
p.
Conc
Wormat.
in
princip.
to
.
conc
.
p.
We
being
assembled
in
the
City
of
in
the
yeare
of
grace
by
the
command
of
our
most
excellent
&
Illustrious
Soveraigne
King
to
treat
of
certaine
points
concerning
the
good
of
the
Church
.
Annales
incerti
authoris
inter
scriptores
cooe●aneos
pithoei
Iean
le
Maire
en
la
part
.
de
la
difference
de
schismes
.
Concil.
Tribur
.
in
princip.
to
conc
.
p.
Cullen
,
anno
There
was
a
Synod
holden
at
by
the
command
of
King
Iohn
le
Maire
Tribur
,
anno
In
the
yeare
of
our
Lord
the
eighth
of
his
reigne
,
the
thirteenth
Indiction
,
in
the
moneth
of
May
,
the
King
came
by
the
instinct
of
the
holy
Ghost
,
and
the
advice
of
his
Princes
to
the
royall
City
of
seated
within
the
French
dominions
,
accompanied
with
the
precited
Bishops
,
Abbats
,
and
all
the
Princes
of
his
kingdome
,
and
a
great
number
both
of
Ecclesiasticall
and
Secular
persons
repairing
thither
,
&c.
Iean
le
Marie
au
second
trait●
des
schismes
&
des
Conciles
.
who
lately
reigned
in
Iohn
le
Maire
called
a
Councell
at
consisting
of
the
Prelates
of
the
Church
;
where
he
caused
Archbishop
of
to
be
deposed
In
the
yeare
by
authority
from
King
the
younger
,
there
was
a
Synod
held
at
of
the
Bishops
,
Abbats
,
and
other
religious
,
against
who
scandalized
the
Church
by
a
prophane
novelty
both
of
words
and
sense
.
Rigordus
de
gestis
Philippi
Augusti
.
Idem
ibid.
called
a
Generall
Councell
at
of
all
the
Archbishops
,
Bishops
,
Abbats
,
as
also
all
the
Princes
and
Lords
of
the
Realme
of
Saracens
.
He
commanded
that
a
Generall
Councell
should
be
called
of
all
the
Archbishops
,
Bishops
,
and
Princes
of
his
Realme
.
Ivo
Carnotensis
epist.
Iean
le
Maire
au
mesme
trait●
the
third
of
that
name
Le
Maire
being
come
into
as
well
to
avoid
the
tumultuous
fury
of
the
as
to
animate
Christian
Princes
to
the
beyond
sea
voyage
,
King
the
younger
,
sonne
of
the
Fat
,
caused
a
Councell
to
be
assembled
in
the
towne
of
of
all
the
Prelates
&
Princes
of
to
whom
hee
purposed
to
declare
,
by
the
mouth
of
Saint
Abbat
of
all
the
misfortunes
that
had
befalne
in
the
holy
Land
.
Idem
ibid.
Orleans
.
Lewes
Idem
ibid.
Lettres
du
Roy
Charles
impr●mees
à
Paris
par
Michel
Vas.
cosan●
an
By
whose
advice
we
have
concluded
and
agreed
that
a
generall
Assembly
of
the
Prelates
and
other
members
of
the
Churches
within
our
dominions
,
be
held
the
of
Ianuary
next
ensuing
,
to
conferre
,
consult
,
and
advise
what
they
shall
thinke
fit
to
bee
proposed
at
the
said
Generall
Councell
,
if
so
be
it
bee
holden
shortly
.
And
in
the
meane
time
resolve
amongst
themselves
notwithstanding
of
all
things
which
may
,
upon
our
part
,
any
way
concerne
the
reformation
of
the
said
Churches
.
Arvernense
conc
in
princip
,
tom
.
conc
.
Concil
Turon.
Concil.
Meldense
tom
Conc.
Synodas
apud
divum
Medatdum●
in
princ
.
tom
.
Conc.
Synodus
Colon.
in
princip.
tom
.
Conc.
in
post
.
edit
Iean
le
Maire
en
la
part
.
de
la
differ
.
des
s●hismes
.
Idem
en
la
part
.
d●
schisme
.
Idem
au
second
trait●
des
schismes
.
Rigord
de
gestis
●hilipp●
Augusti
.
Matthaeus
Westminst.
t.
Florentius
W●gorniensis
in
Chronicis
sub
anno
Grosse
,
anno
Rhemes
.
Which
Iohn
le
Maire
were
holden
by
the
approbation
and
consent
of
King
the
Grosse
,
and
whereat
Pope
the
second
was
present
Hugh
Capet
Philip
Augustus
Iohn
le
Maire
In
the
yeare
there
was
a
great
Councell
holden
at
upon
the
Octaves
of
Easter
,
by
the
command
,
and
in
the
presence
of
King
the
Pope
consenting
thereunto
.
and
contributing
his
authority
by
his
Legates
.
Matth.
Westm.
l.
a●
ann.
Guilielm
.
Malmesbur
.
de
gesti●
pontif
.
Anglor
.
l.
Poly
or
Vergil
.
Angl.
hist.
l.
the
third
assisted
by
the
favour
of
the
Princes
held
a
Generall
Councell
at
in
the
year
of
grace
England
having
quieted
the
state
of
caused
divers
abuses
,
not
sufficiently
purged
out
of
the
Church
,
to
bee
reformed
and
corrected
,
according
to
the
doctrine
of
Christianitie
;
and
by
a
Councell
by
his
meanes
holden
at
Idem
lib.
in
Hen.
Idem
.
lib.
in
Hen.
caused
a
Councell
,
consisting
of
Bishops
and
other
Princes
,
to
bee
called
at
Henry
made
all
his
adversaries
bee
pronounced
enemies
of
their
Country
by
a
Councell
which
he
caused
to
be
holden
at
Bracarense
Conc.
in
princ
.
Tom.
Conc.
pag
Whereas
the
Bishops
of
were
met
together
in
the
Metropolitan
Church
of
the
Province
,
by
the
command
of
the
most
Illustrious
King
Now
then
seeing
our
most
glorious
and
most
devout
sonne
,
hath
by
virtue
of
his
command
royall
,
granted
unto
us
this
day
,
so
much
desired
of
our
Congregation
for
us
,
to
assemble
our selves
all
together
,
let
us
in
the
first
place
treat
of
the
state
of
the
Catholique
faith
.
By
the
command
of
the
same
King
.
Bracarense
Conc.
in
Princ.
Tom.
Conc.
pag.
Concil.
●olet.
in
Princ.
To.
Conc.
pag.
Sigthertus
in
Chron.
sub
.
ann.
Matth
Westmonast
.
l.
sub
ann.
Franciscus
Tarapha
de
regibus
Hisp.
in
Recharedo
.
Concil.
Tolet.
in
princ
.
Tom.
Concil.
p.
Concil.
Tolet.
in
princ
.
Tom.
Tarapha
in
Suintilla
This
King
called
the
fifth
and
sixth
Synod
in
the
citie
of
Concil.
Tolet.
in
princ
.
Tom.
Concil.
pag.
Taraph
.
in
Sindasundo
Idem
Tarapha
in
Ri●isundo
Concil
Tolet.
in
princ
.
item
in
princ
.
item
Concil.
pag.
Risisund
.
After
he
was
received
into
the
Kingdome
,
hee
commanded
three
severall
Councels
to
bee
held
in
the
Citie
of
under
Arch-bishop
Concil
Tolet.
Concil.
pag.
Tarapha
in
Bamba
after
his
victory
over
and
the
returned
to
where
hee
commanded
the
celebration
of
the
eleventh
Councell
.
Concil
Bracarense
in
fine
Tom.
Concil.
pag.
Concil.
Tolet.
in
principio
.
item
Tolet.
in
principio
.
habentur
Tom.
Concil.
pag.
Tarapha
in
Eringio
in
the
second
yeere
of
his
reigne
caused
the
twelfth
Councell
of
to
be
holden
,
which
consisted
of
thirty
six
Bishops
fourth
yeere
he
made
the
thirteenth
be
holden
,
consisting
of
fourty
eight
Bishops
:
and
the
foureteenth
in
his
fifth
yeer
,
wherein
were
twelve
Bishops
:
all
three
under
Archbishop
of
Concil.
pag.
Franciscu●
Taraphai●
Egyta
Barcelona
;
King
in
the
first
yeere
of
his
reigne
caused
the
fifteenth
Councell
to
bee
celebrated
,
under
Archbishop
of
consisting
of
sixty
one
Bishops
:
the
sixteenth
Councell
in
his
third
yeere
,
and
the
seventeenth
in
his
fourth
,
under
Archbishop
of
the
same
Church
Vid.
Concil.
Tolet.
in
subscriptionibus
tom
Concil.
pag.
Et
Tolet.
in
subscriptionibus
pag.
Et
Tolet.
Concil.
Iohannes
Vaseus
in
Chron.
Hisp.
pag.
Carcasson
,
Narbo
,
Beziers
,
Lodeu●
,
Agde
,
Maguelone
Gothia
,
Gottica
Provincia
Gothica
regio
Leoni●
Papae
epist.
V.
epist.
Leoni●
Et
epist
The●dosi●
ad
Valentin
ad
Eudoxiam
,
ad
Pulcheriam
.
Item
epist.
Valentin
.
et
Martiani
,
et
alteram
Martiani
ad
Leon●m
inter
●pist
.
Praeambul
.
Synod
.
Chalced.
to
Concil.
Aurelianense
Conc.
Matisconense
to
Wee
are
met
together
in
the
Citie
of
by
the
commandement
of
the
King
,
The
King
having
assembled
the
Clergy
in
the
citie
of
And
this
to
bee
done
with
the
good
will
of
the
Prince
,
who
shall
appoint
a
convenient
place
in
the
midst
of
the
Countrey
for
the
holding
of
it
.
Niceph.
Eccles.
hist.
l.
Actor
.
Conc.
Ephes
V.
eorum
epist.
in
actione
Conc.
Chalced.
Ivo
Carnot●nsis
ep.
Declared
by
his
letters
that
hee
would
not
hold
him
excused
that
should
not
appear
there
at
the
day
appointed
.
Theodosius
France
;
By
command
from
the
King
,
the
Archbishops
of
have
warned
their
suffragan
Bishops
to
appear
at
after
your
answer
shall
come
,
the
first
sunday
after
All-Saints
day
.
To
meet
and
conferre
together
in
the
said
citie
,
or
some
other
place
neare
adjoyning
thereunto
,
such
as
shall
bee
appointed
for
them
.
Leo
Papa
ep
V.
epist.
Valent.
et
Marciani
ad
ad
Nicaenam
Syno●
.
inter
praeambu●
.
epist.
Con●
.
Chalced.
tom
.
Theodoret.
l.
V.
libellum
constitutionum
Synodalium
qui
extat
in
to
.
Ierusalem
.
After
this
they
went
to
for
the
Emperour
had
commanded
that
all
the
Councell
assembled
at
should
bee
transported
thither
To
the
most
devout
Emperours
the
Synod
assembled
at
according
to
your
Edict
Socr.
l
Zonaras
to
Athanasius
.
Theodosius
Sleidan
l.
Portanus
.
Rove●us
Pontanus
lib.
rerum
memorabilium
sub
anno
part
.
de
la
di●●er
.
des
schism
.
Iohn
le
Maire
Peter
de
Bourbon
Vid
eorum
Imp.
epist.
in
tom
.
Act
Concil.
Ephes
cap.
Extat
eorum
Epist.
in
Act.
Concil.
Chalc.
Sozomen
.
lib.
It
pleased
the
Emperour
to
call
a
Councell
at
a
Citie
of
and
to
cause
such
Bishops
of
every
nation
as
should
there
bee
found
fittest
to
consider
of
things
wisely
,
and
sufficient
to
apprehend
and
argue
subtley
and
learnedly
,
to
repaire
thither
with
all
diligence
upon
a
day
prefixed
;
who
might
represent
unto
the
Synod
the
whole
Clergy
of
their
severall
provinces
.
Concil.
Chalced.
tom
Extat
haec
Epist.
in
fragmentis
D.
Hil●rii
.
Chalcedon
.
Martian
Iesus
Christ
V.
Marti●n●
oration
.
in
act
.
Conc
Chalced
Cap.
ult
to
Actor
.
●onc
.
Ephe●●n
Act.
Concil.
Eph●sin
Wee
being
assembled
at
for
no
other
cause
than
to
consult
and
treat
of
the
faith
,
according
to
your
holy
Edict
.
●●ncil
.
A●relianense
tom
Conc
pag.
Concil.
Matisc.
Synodus
Francica
tom.
concil
.
p.
France
,
anno
V.
Concil.
Aquisgranense
in
princip.
tom
.
Conc.
p.
Concil.
Ticinen
.
in
princip.
tom
.
Paris
,
anno
Synodus
Parisiensan
princip
Concil.
Paris
.
tom
Conc.
in
noviss
edit
Sugerius
Abba●
in
vita
Ludovice
Crassi
.
Iacobus
Meieru●
in
annalibu●
verum
Flandricor
.
sub
anno
Rhemes
,
Roan
,
Sens
,
Paris
,
Beauvis
,
Concil.
Toletanum
in
princ
.
tom
Concil.
pag.
Marsilius
Patavinu●
in
defens
.
pac
.
part
.
cap.
Gratians
Decrees
.
Valentinian
,
Theodosius
Can
●uturam
Can.
Continu●
the
Emperour
presided
in
the
holy
Councell
of
Bellarm.
de
Con●
lib.
would
not
make
himselfe
judge
,
but
left
the
judgement
free
to
the
Clergy
.
Athanas
apol.
if
it
bee
a
judgement
of
Bishops
,
what
hath
the
Emperour
to
doe
there
?
Socr.
l
If
it
be
a
judgement
of
Bishops
,
what
hath
the
Emperour
to
doe
with
it
?
Socr.
ibid.
Gest.
Collation●●
Carthag
inter
Cath.
et
Donatistas
.
Can.
Vbinam
.
dist.
Zonaras
annal.
tom
Nicolaus
Papa
in
ep
ad
Michaelem
Imper.
Cap.
Actorum
Conc.
Ephesus
,
Theodosius
How
the
Right
reverend
Bishops
,
to
whom
at
that
time
,
by
the
Emperours
clemency
,
authority
was
given
over
such
things
as
should
bee
there
treated
of
,
give
a
reason
why
the
letters
of
the
most
holy
Archbishop
were
not
read
;
yea
and
when
it
was
interposed
,
that
they
ought
to
bee
read
.
the
Right
reverend
Bishop
of
made
answer
Evagrius
l.
The
Acts
themselves
beare
witnesse
how
I
did
twice
interpose
that
they
might
be
read
.
went
to
seeke
the
Eunuch
,
whom
hee
had
brought
over
to
his
side
,
and
led
him
in
a
string
,
who
being
in
great
credit
with
the
Emperour
,
obtained
of
him
,
that
who
governed
the
Church
of
after
the
death
of
might
bee
called
to
with
other
Bishops
,
and
the
opinion
of
there
examined
who
succeeded
in
the
Bishoprique
of
after
the
death
of
was
appointed
President
of
the
Councel
For
to
kindle
more
hatred
against
the
governour
of
the
Palace
,
had
laid
this
plot
very
politiquely
.
V.
Acta
Conc.
Chalced.
tom
we
will
assist
at
the
Councell
for
confirmation
of
the
faith
,
not
for
ostentation
of
our
virtue
.
They
sit
in
the
highest
place
,
they
speake
the
first
,
they
subscribed
the
first
,
they
pronounced
the
sentence
against
Bishop
of
in
the
name
of
the
Pope
and
the
whole
Councell
.
They
sit
in
the
first
place
.
They
speak
first
They
subscribe
the
formost
They
pronounce
the
sentence
against
Hee
hath
commanded
our
●●annesse
to
preside
in
the
Councell
in
his
stead
:
and
therefore
it
is
necessary
that
what
ever
be
proposed
it
bee
determined
by
our
interlocution
.
The
Fathers
have
granted
certaine
priviledges
and
prerogatives
to
the
See
of
old
because
it
is
the
imperiall
citie
.
Conc
Chalc●d
Act.
Conc.
p
By
all
meanes
preserve
the
dignity
of
our
person
,
considering
that
wee
send
you
in
our
place
and
stead
:
And
if
there
bee
any
that
undertake
to
usurpe
any
thing
,
relying
upon
the
lustre
of
their
cities
,
repell
all
such
enterprises
with
that
courage
which
is
requisite
.
Your
Reverence
must
give
account
before
God
for
the
case
of
whom
you
have
condemned
without
the
Emperours
knowledge
and
ours
.
That
hee
is
in
that
Councell
as
the
head
to
the
members
.
Leo
papa
epist
ad●
Martian
.
Imperat
Idem
ep.
But
forasmuch
as
some
of
our
brethren
(
wee
speake
not
this
without
griefe
of
hear●
)
have
not
had
the
meanes
of
expressing
a
Catholique
constancy
against
the
storme
of
falshood
,
it
is
fitting
that
Bishop
whom
I
send
,
preside
in
my
place
.
Conc.
Chalced.
That
which
wee
interposed
,
shall
be
put
in
execution
.
Conc.
pagg.
And
the
Iudges
being
entreated
thereunto
by
all
the
rest
,
went
into
the
Oratory
of
St.
the
Reverend
Archbishop
of
Right
Reve●end
Bishops
the
Priest
,
and
the
Reverend
Bishop
of
deputies
for
the
See
Apostolique
of
the
great
citie
of
And
after
they
had
treated
of
the
holy
faith
,
they
came
forth
and
all
sate
downe
.
The
most
magnificent
,
and
most
glorious
Iudges
said
,
The
holy
Synod
is
pleas●d
peaceably
to
heare
what
things
have
been
determined
by
the
holy
fathers
assembled
together
in
our
presence
,
who
have
also
expounded
the
rule
of
faith
.
Bishop
,
in
stead
of
the
most
honourable
Pope
of
the
Catholique
and
Apostolique
Church
of
the
citie
of
who
presided
at
the
Synod
,
hath
ordained
,
consented
,
and
subscribed
hereunto
.
Conc.
Chalced.
tom.
The
determination
was
made
in
their
presence
,
The
Bishops
cryed
with
a
loud
voice
,
Let
the
definition
stand
,
or
else
let
us
dye
.
The
most
magnificent
and
Right
honourable
Iudges
said
,
did
say
,
I
admit
that
of
two
natures
.
The
most
holy
Archbishop
did
say
,
There
are
two
living
natures
inconfusibly
,
inconvertibly
,
indivisibly
,
in
the
one
and
onely
Sonne
of
God
IESVS
CHRIST
our
Saviour
.
Which
of
the
two
doe
you
follow
?
Whether
holy
The
right
reverend
Bishops
shouted
,
Wee
beleeve
as
beleeved
,
those
that
doe
otherwise
are
hath
well
expounded
it
.
The
most
magnificent
and
Right
honourable
Iudges
said
.
So
then
you
adde
to
the
rule
of
faith
,
according
to
our
holy
father
opinion
,
that
there
are
two
living
natures
in
Christ
,
inconvertibly
,
inseparably
,
and
inconfusedly
.
And
these
Right
honourable
Iudges
,
being
entreated
thereunto
by
all
the
rest
,
went
into
the
Oratory
of
St.
together
with
treated
of
the
holy
faith
,
they
came
forth
,
and
all
sate
downe
.
So
then
●onsenting
to
the
holy
Fathers
,
wee
teach
all
with
one
accord
to
confesse
one
and
the
same
Sonne
IESVS
CHRIST
our
Saviour
,
to
be
one
in
two
natures
,
inconfusedly
,
immutably
,
indivisibly
,
inseparably
.
Concil.
Chalced.
in
.
pr.
Con
p
That
such
things
as
should
bee
proposed
might
bee
judged
by
their
interlocution
.
That
which
wee
interposed
by
interlocution
takes
effect
.
The
Right
honourable
Iudges
said
,
Wee
have
thought
it
necessary
to
give
notice
of
these
things
before
the
holy
Synod
,
to
the
intent
that
what
shall
bee
resolved
hereupon
,
may
bee
confirmed
by
our
sentence
and
interlocution
.
The
Right
honourable
Iudges
,
according
to
the
decree
of
the
holy
Councell
,
said
,
The
most
holy
Bishop
shall
receive
the
Church
of
Bellar.
l.
de
Conc.
c.
Conc.
Chalced.
Act.
in
sin
.
to.
Leo
ep
Con.
Chalced.
Act.
Con.
p.
the
pronouncing
of
the
sentence
So
as
this
great
and
holy
Synod
ordaine
what
shall
seeme
good
unto
it
in
the
case
of
V
Synod
.
Constantinop
.
sub
Iustini
.
to
.
Conc.
p.
After
the
Consulship
of
the
most
holy
and
most
happy
Oecumenicall
Archbishop
and
Patriarch
being
President
in
the
citie
of
the
most
excellent
and
most
holy
Bishops
sent
out
of
by
the
See
Apostolique
,
sitting
upon
his
right
hand
as
coadjutors
by
the
command
of
the
Emperour
Sexta
Synod
.
Cons●an
.
tom
.
Conc
p.
The
same
Emperour
being
President
,
in
a
place
of
the
Palace
which
is
called
there
being
present
there
as
auditour
Exconsul
and
a
Patrician
,
and
maister
of
the
Offices
Imperiall
,
exconsul
&
Patrician
,
&c.
Be●t
.
tom
called
a
Councell
at
Zonard●
Annal.
to.
in
ul●a
Cons●a●●i●
the
chiefe
whereof
were
Pope
Patriarch
of
Patriarch
of
had
no
Patriarchs
at
that
time
,
being
then
taken
by
the
chiefe
and
principall
Lambertus
Schasnaburgensis
De
rebus
Germanicis
.
p.
called
the
sixth
Synod
,
at
whose
request
Pope
sent
his
Legats
to
the
royall
Citie
,
amongst
whom
was
then
Deacon
of
the
Church
of
This
sixt
Councell
was
holden
at
where
there
were
present
one
hundred
and
fifty
Bishops
,
Patriarch
of
the
Imperiall
Citie
,
and
being
Presidents
The
Emperour
and
the
holy
Councell
,
The
Iudges
and
the
Holy
Councell
,
said
,
appointed
,
commanded
,
ordained
,
Bellarm.
de
Concil.
l.
Sexta
Synod
.
in
Trullo
.
in
praesat
.
apud
Balsamon
.
p.
Our
Saviour
Christ
hath
given
us
in
you
a
wise
governour
,
a
pious
Emperour
,
and
a
true
President
.
Balsam
in
Comment.
ad
Synod
in
Trullo
circa
princip
Gest.
Collationis
Carthag
.
habit●
Honor●●●ussi●
,
inter
Cat●●licos
et
Donatist
.
Lambe●tus
Scha●naburg
.
de
rebus
Germ.
sub
ann
Adde
Reginon
,
in
Chron
sub
.
ann.
There
was
a
great
Councell
held
at
wherein
the
Emperour
did
preside
with
a
great
multitude
of
Bishops
,
Abbats
,
Priests
,
Clerks
.
and
Monks
,
by
whose
determination
was
deposed
from
the
See
Apostolique
.
and
having
there
kept
his
Easter
with
Pope
the
third
,
hee
there
assembled
divers
Bishops
of
and
himself
keeping
the
Councel
,
he
invented
many
things
to
the
profit
and
behoofe
of
holy
Church
.
That
no
degree
or
Order
of
the
Clergy
or
Ecclesiasticall
Ministery
should
be
purchased
for
mony
:
and
whosoever
should
be
found
to
have
given
or
taken
any
thing
,
should
be
deprived
of
all
his
honour
,
and
be
accursed
.
Con.
Trid.
ss.
The
holy
Councell
also
exhorteth
all
Kings
,
Princes
,
Common-wealths
and
Magistrates
,
and
by
virtue
of
holy
obedience
commandeth
them
to
interpose
their
aid
and
authority
for
the
assisting
of
the
foresaid
Bishops
,
Abbats
,
Generals
,
and
others
that
have
the
charge
and
superintendance
of
putting
the
said
reformation
in
execution
,
every
time
,
and
as
oft
as
they
shall
bee
required
so
to
doe
.
Conc.
Trid.
Sess.
It
remaines
now
that
it
exhort
in
the
Lord
as
it
doth
all
Princes
,
so
to
empl●y
their
paines
,
that
they
suffer
not
such
things
a●
are
decreed
by
●t
to
bee
depraved
and
violated
by
heretiques
;
but
that
they
and
all
others
devoutly
receive
them
,
and
faithfully
observe
them
.
Nice
.
Bellarmine
They
all
three
subscribed
first
Conc.
Sardicens
.
ad
sin
That
Pope
by
his
Legats
gave
authoritie
to
the
Councell
of
Athanas.
in
ep.
ad
solitariam
vitam
agentes
.
was
the
Prince
in
that
Councell
,
and
that
he
was
the
man
that
compiled
the
Creed
.
Zonar
.
to.
Princes
of
the
Councell
The
Great
Bishop
and
St.
were
the
Princes
in
that
dispute
.
What
Councell
is
there
where
hee
was
not
Prince
?
Or
who
is
hee
that
was
able
to
withstand
his
Orthodox
opinion
?
What
Church
is
there
that
hath
not
the
most
excellent
monuments
of
his
defences
?
That
the
Emperour
sent
●uto
the
Bishops
the
Popes
letters
,
whereby
they
were
summoned
to
the
Councell
Theod.
l.
Zona
.
to.
Extat
in
Act.
Conc.
Constan.
to
.
Con.
p.
We
have
created
Bishop
of
in
the
open
face
of
the
General
Councel
with
unanimous
consent
,
before
the
Emperor
and
all
the
Clergy
,
the
Citie
likewise
consenting
thereunto
.
Bellar.
l.
de
Conc.
c.
Zonar
.
tom.
annal.
p.
desired
the
Emperour
,
that
the
who
spoke
ill
of
the
sonne
of
God
,
might
be
banished
the
Citie
,
or
at
least
prohibited
from
having
any
assemblies
:
but
perceiving
that
set
light
by
it
,
having
taken
a
time
of
purpose
when
the
Emperours
son
sat
in
the
Councell
with
his
father
,
he
did
unto
both
in
word
and
gesture
that
honour
which
was
due
unto
him
as
Emperour
:
but
unto
he
said
no
more
but
,
God
save
you
my
sonne
.
Whereat
the
Emperour
being
offended
,
this
holy
man
told
him
;
You
,
who
are
but
a
man
,
take
it
●einously
out
that
your
sonne
should
be
sleighted
,
doe
you
thinke
that
God
is
not
offended
also
that
his
only
sonne
should
be
evill
spoken
of
?
V.
to
Act.
Conc.
Eph.
c.
the
most
holy
Bishop
of
Great
Act.
Conc.
Eph.
●o
signified
by
his
letters
the
sentence
passed
by
him
and
his
Councell
at
before
any
Synod
was
assembled
at
and
had
delegated
to
put
in
execution
what
had
been
adjudged
by
him
at
and
sent
him
in
his
place
and
stead
.
A●tor
.
Conc.
Ephes.
to.
That
the
Pope
was
Prince
of
that
Councell
The
Princes
of
this
Councell
were
Pope
of
Patriarch
of
Constantinople
,
Bellarmine
Photius
in
lib.
de
septem
.
Synodis
.
the
fift
Councell
was
assembled
consisting
of
Fathers
,
of
whom
Pope
of
was
Prince
,
and
of
whom
we
have
spoken
already
,
and
An
explanation
of
the
holy
and
venerable
Synods
,
At
which
Councell
Bishop
of
were
heads
or
presidents
The
Presidents
of
this
Councell
were
Bishop
of
the
Great
the
Divine
Zonaras
.
●o.
In
this
Councel
Bishop
of
were
Presidents
At
which
Councell
Bishop
of
were
chiefs
and
Presidents
Constantinople
,
The
heads
of
which
Councel
were
Pope
of
Bishop
of
Constantinople
,
The
chiefs
of
which
Councel
were
Bishop
of
the
Monke
,
deputy
for
the
Bishop
of
Nice
,
The
Presidents
of
which
Councell
were
Pope
of
Bishop
of
Bishop
of
Wherefore
wee
desire
to
treat
and
conferre
upon
these
points
with
joynt
forces
,
Praesidente
nobis
vestr●
beatitudine
,
Iustinian
.
in
ep.
ad
Episc.
Syn
Const.
in
Act.
Concil.
Constant.
to
.
●onc
p.
Ibid
p.
Wee
have
commanded
him
by
our
Iudges
,
and
by
some
among
you
,
to
meet
you
,
and
treat
in
common
with
you
of
the
points
aforesaid
.
Hee
could
not
come
because
there
were
a
great
many
Easterne
Bishops
at
the
Councell
,
and
hee
should
have
but
a
few
Westerne
with
him
there
.
And
whereas
hee
proffered
to
give
his
advice
by
himselfe
alone
,
after
he
had
beene
divers
times
invited
by
us
all
to
come
hither
,
and
by
the
right
honourable
Iudges
sent
unto
him
on
the
behalfe
of
the
most
devout
Emperour
after
he
had
notice
of
that
answer
:
having
the
Apostles
admonition
in
minde
,
That
every
one
shall
give
account
to
God
for
himselfe
;
and
also
fearing
that
judgement
which
is
laid
up
for
those
that
offend
one
of
the
litle
ones
,
much
more
when
they
offend
the
most
Christian
Emperour
,
whole
Nations
and
Churches
;
and
that
which
the
Lord
said
to
St.
Feare
not
,
but
speake
,
and
be
not
silent
,
for
I
am
with
thee
,
and
no
body
shall
do
thee
harme
,
We
therfore
being
assembled
together
,
have
acknowledged
in
the
first
place
,
Sexta
Syn.
Const
in
princip
to
.
Con●
.
p.
The
Councell
saith
.
The
Councell
ordaineth
.
Zonar
.
tom.
in
Constantino
&
Irene
Those
which
had
celebrated
it
repaired
to
where
the
Acts
of
the
Councell
were
read
in
the
Palace
royall
,
the
Emperor
presiding
there
,
and
upon
the
audience
of
every
Action
,
they
were
approved
and
subscribed
unto
by
them
.
In
obedience
to
your
request
,
and
upon
your
command
wee
will
examine
them
,
not
of
our
owne
power
,
for
this
power
belongs
to
you
.
Cap.
Si
diligent●
.
Extra
de
foro
Compet
.
Michael
?
Where
did
you
ever
read
that
your
predecessors
had
ought
to
doe
in
any
Councell
,
Ca●
.
Vhinam
.
Dist.
unlesse
perchance
in
some
one
,
wherein
matters
of
faith
were
handled
?
unlesse
in
some
one
Vid.
Conc.
Lateranense
ultimum
sub
Leone
The
Pope
of
as
having
authority
over
all
Councels
,
hath
full
power
and
right
to
call
,
transferre
,
and
dissolve
Councels
.
At
that
time
King
held
a
Synod
at
He
,
together
with
the
in
generall
,
held
a
Synod
at
and
there
dividing
his
army
,
hee
marched
towards
mount
The
King
held
a
Synod
Synod
.
Francofurt
.
in
epist.
ad
●raesules
Hispan
tom
.
Con●
p
Spaine
;
We
have
all
met
together
by
the
command
of
the
most
pious
,
and
most
glorious
King
who
presided
amongst
us
,
to
repaire
the
state
of
the
Church
.
Synod
Francofurt
.
in
libello
Sacrosyllabo
.
to
.
Con
p.
Vpon
a
day
being
all
at
the
Palace
,
the
Priests
,
Deacons
,
and
all
the
Clergy
being
seated
circular-wise
,
in
the
presence
of
the
said
Prince
,
there
was
a
letter
brought
in
,
sent
by
Bishop
of
who
had
committed
a
most
enormous
crime
,
and
being
read
aloud
by
the
Kings
command
;
that
reverend
Prince
rising
up
on
a
suddaine
from
his
chaire
of
State
,
continued
standing
,
and
discoursed
of
matters
of
faith
for
a
long
time
together
;
adding
at
the
close
,
What
thinke
you
of
it
?
The
most
pious
King
our
Lord
ordaineth
with
the
consent
of
the
Synod
.
It
is
decreed
by
the
King
our
Lord
,
and
the
holy
Synod
.
It
is
decreed
by
the
King
our
Lord
,
or
by
the
Synod
,
&c.
Con●
.
Aquisgr.
in
princip.
to
Conc.
p.
Annales
incerti
author
.
inter
scriptores
cooetancos
Pithoe●
.
Bishop
of
dyed
in
the
yeer
succeeded
in
his
place
,
who
by
command
from
King
held
a
Synod
at
the
same
yeere
In
the
yeer
there
was
a
Councell
holden
at
the
Metropolitan
Citie
of
by
the
will
and
command
of
the
said
most
renowned
Prince
,
Archbishop
of
that
Citie
being
President
of
it
.
Conc.
in
loco
qui
dicitur
Pisti●
.
to
.
Con.
p.
Conc.
Triburiense
to●
Conc.
p.
In
this
holy
Councell
,
the
devout
Prince
,
and
most
renowned
King
being
President
,
and
imploying
himself
about
it
,
the
holy
fathers
and
Reverend
Pastors
of
the
Church
,
which
came
thither
,
were
all
seated
.
Philip
Augustus
Paris
,
ann.
He
commanded
a
Generall
Councell
to
bee
called
at
of
all
the
Archbishops
,
Bishops
,
and
Princes
of
his
Realme
;
which
he
having
kept
with
them
by
common
advice
,
Rigordus
in
lib.
de
gestis
Philippi
August
sub
ann.
by
his
authority
royall
hee
enjoyned
the
Archbishops
,
Bishops
,
and
all
the
rest
of
the
Ecclesiasticall
Prelats
,
by
their
frequent
Sermons
and
exhortations
,
to
perswade
the
people
committed
to
their
charge
,
to
goe
to
to
defend
the
Christian
faith
,
against
the
enemies
of
the
crosse
of
Christ
.
When
King
the
father
of
St.
reigned
in
Iohn
le
Maire
Iean
le
Maire
●
en
la
Partie
des
schismes
the
said
Popes
Legat
came
into
by
the
will
of
the
King
there
was
a
Councell
of
the
Church
assembled
,
whereat
the
King
and
the
said
Legat
did
preside
.
France
,
Against
Pope
the
eighth
Idem
ibid.
where
King
was
present
in
person
,
and
presided
at
it
,
reckoning
up
all
the
outrages
and
injuries
which
hee
had
received
from
that
Pope
Constitutio
Caroli
Extat
in
libello
de
statu
Eccles.
Gallic
.
in
schismate
p.
Paris
;
Not
long
agoe
it
was
proposed
and
demanded
by
our
Atturney
Generall
at
a
Councell
holden
at
consisting
of
the
Bishops
and
Clergy
of
the
Churches
within
our
Kingdome
,
and
where
our
cousen
King
of
our
eldest
sonne
Duke
of
the
Duke
of
our
unkle
by
the
fathers
side
,
the
Duke
of
our
cousen
,
and
the
Duke
of
our
unkle
by
the
mothers
side
,
did
preside
for
us
,
that
the
Popes
exactions
and
other
grievances
formerly
rehearsed
,
might
be
utterly
abolished
.
Of
the
Church
,
and
all
the
Vniversites
to
bee
assembled
in
the
Citie
of
to
bee
more
fully
informed
in
the
businesse
of
the
Pragmatique
Sanction
:
at
which
Duke
of
Lord
of
presided
in
steed
of
the
King
.
Iean
le
Maire
en
la
partie
de●
schismes
.
Matth.
Westmonast
.
l.
sub
ann.
It
was
judged
at
a
Councell
holden
in
that
Citie
,
where
King
of
was
President
,
that
the
Monkes
which
were
guilty
of
the
cryme
,
should
bee
kept
in
close
prison
during
the
Bishops
pleasure
.
Florentius
Wigorniensis
sub
ann.
Matth.
West
.
●
sub
.
ann.
Wilhelm
Malmesb
.
de
gestis
pontis
.
Anglor
.
p.
Demetrius
Comatenus
Ar●chiepisc
.
Bulga●iae
in
respons.
ad
Constantinum
Ar●hiepiscopum
Dirrachii
.
To.
Iuris
Gr●co-romani
p.
The
Emperour
as
the
common-skilfull
Monarch
of
the
Churches
,
is
President
of
the
Decrees
of
Councels
,
and
makes
them
bee
in
force
;
he
ordaineth
Ecclesiasticall
orders
;
hee
sets
lawes
to
the
life
and
policy
of
those
that
serve
at
the
Altar
,
&c.
Gentian
Hervet
It
pleased
all
the
fathers
to
make
an
end
of
this
holy
Councell
,
and
that
his
Holynesse
should
be
desired
to
confirme
it
,
saving
only
three
who
said
the
confirmation
needed
not
be
required
.
Wherefore
wee
the
Legats
and
Presidents
conclude
this
holy
Councell●
and
desire
the
confirmation
of
it
from
our
holy
father
,
in
as
earnest
manner
as
is
possible
.
Bella●m
to
Egypt
,
Lybia
Theod.
l.
Marius
Victor●
l.
contr.
Art
.
Theodoret.
Victorius
The●●
l.
Et
●●●●ment
.
D●i●●lar●●
.
Th●●●oret
.
In
pro●●●tio
C●n●
G●ngrensis
to.
Con●
.
p.
In
ges●is
Conc.
A
〈…〉
p●in●ip
.
tom
.
●●n●
p.
In
●●●tis
●o●c
.
〈◊〉
to
.
In
g●●tis
Con.
〈◊〉
to
Numidia
,
Mauritania
Syri●i●
P●p●●
〈…〉
res●r●p●
.
●●isc
.
Sy●●d
.
T●ll●ns
.
qu●
ex●●nt
in
Act
eju●dem
.
Syn●d
.
to
.
Con.
p.
Theo●
.
l.
C●nc
.
●●rel●ten
to
.
C●n●
.
p.
Pr●sper
in
●hro
.
ann.
To
their
holy
brother
or
the
assembly
of
Bishops
that
was
in
the
Citie
of
greeting
.
We
signifie
unto
you
of
our
charity
,
what
we
by
common
counsell
have
decreed
,
to
the
end
that
all
men
may
know
what
they
ought
to
observe
for
the
future
.
when
there
was
a
Councell
holden
at
of
two
hundred
and
sixteen
Bishops
,
the
Synodicall
Decrees
thereof
were
brought
to
Pope
where
being
approved
,
the
heresie
was
condemned
all
the
world
over
.
a●versus
A●ri●n
Con●
.
●a●thag
Conc.
p.
That
the
confession
of
faith
made
by
the
Councell
of
was
rehearsed
and
confirmed
In
princip.
Con.
Constant
Con●il
.
p.
Afterwards
they
confirmed
the
Councell
of
In
prin●ip
.
Conc.
T●letan●
to
Conc.
Athanas.
apol
These
things
being
set
downe
in
writing
,
the
holy
Councel
of
sent
them
unto
those
which
could
not
bee
there
present
,
who
by
their
suffrages
also
approved
the
Decrees
of
the
Synod
.
In
princip.
Con●
Rom.
Con●
R●m.
in
prin●
.
to
Can.
Sancta●
Dist.
V.
●artic.
des
libertes
de
●egglis
Gallic
Theod.
l.
Sozomen
.
l.
Extat
haec
Epist.
in
libello
●ynodat
.
Consti●
.
Wee
desire
your
clemency
that
you
by
your
letters
would
confirme
the
Decrees
of
the
Councell
,
and
command
that
it
bee
ratified
and
established
.
V.
Conc.
Chalc.
Act.
The
Emperour
confirmed
all
that
was
decreed
by
the
holy
and
Generall
Councell
.
We
confirme
the
reverend
Synod
by
the
sacred
Edict
of
our
serenity
.
ad
Theodosium
Impera●
Both
I
and
all
the
rest
of
the
Bishop
my
Colleagues
do
beseech
you
(
most
Christian
&
venerable
Emperor
)
to
command
that
all
things
remaine
in
the
same
state
they
were
in
before
the
holding
of
the
Councell
,
and
the
judgement
there
passed
to
bee
suspended
,
till
such
time
as
a
great
number
of
Clergymen
may
be
assembled
from
all
parts
of
the
world
.
Vt.
etiam
epist.
All
the
Clergie
entreat
you
with
sighes
and
teares
,
that
,
considering
those
who
were
sent
thither
by
us
did
faithfully
oppose
themselves
against
it
,
and
that
Bishop
put
in
his
appeale
from
it
,
you
would
command
a
Generall
Councell
to
bee
kept
in
●ozom
.
l.
That
so
soone
as
they
had
passed
sentence
commanded
them
that
ten
of
each
Councell
should
come
to
the
Court
to
informe
him
of
their
proceedings
.
Your
piety
being
moved
by
our
prayers
hath
commanded
that
this
Generall
Councell
should
send
unto
you
some
of
the
Bishops
and
Religious
,
to
lay
open
all
the
causes
and
motives
in
your
presence
:
whereupon
,
after
thankes
to
God
,
we
have
chosen
out
Priests
and
delegates
for
Bishop
of
the
See
Apostolique
of
great
whom
we
commend
unto
your
sanctity
,
desiring
you
to
heare
them
graciously
.
Those
who
had
beene
at
the
celebration
of
it
repairing
to
the
Citie
of
they
rehearsed
the
Acts
of
the
Councell
in
the
Imperiall
Palace
,
the
Emperours
presiding
there
in
the
face
of
the
whole
world
,
which
were
approved
and
subscribed
by
the
same
Emperours
.
Theod.
l.
Concil.
Chalced
to
Conc.
Aurelian
Conc.
pa.
Conc.
Arelat
Concil.
p.
●oncil
.
Turon
Conc.
pag.
Conc
Cabillonens
in
prin.
To.
Conc
pa.
Concil.
●ogunt.
Conc.
in
prae●at
p.
Synod
M●gunt.
in
fin
.
To.
Concil.
p
Histoire
de
Rheins
l.
Conc.
Aquisgr
.
in
fine
to
.
concil
.
p.
Pepin
To
take
their
act
in
good
part
.
The
same
holy
Councell
,
the
same
Legats
there
presiding
,
intending
to
prosecute
the
businesse
in
hand
touching
reformation
and
residence
,
hath
resolved
that
it
be
ordained
as
followeth
,
saving
alwayes
in
all
things
the
authority
of
the
holy
See
Apostolique
.
Finally
the
holie
Councell
declares
,
that
in
all
and
every
thing
which
hath
been
ordained
in
this
holy
Councell
touching
reformation
of
manners
,
and
Ecclesiasticall
discipline
,
under
what
clauses
and
words
soever
exprest
,
as
w●ll
under
Pope
the
third
,
and
the
third
,
as
under
the
most
blessed
the
fourth
,
they
were
so
ordained
and
decreed
,
as
that
the
authority
of
the
holy
See
Apostolique
is
and
must
alwayes
bee
understood
to
be
reserved
.
S●ss
.
ul●
.
c.
Sess.
ult.
c.
ult
S●ss
ult
●
Basil
,
That
the
Pope
of
his
owne
authority
cannot
dissolve
,
nor
transferre
,
nor
protract
o
Generall
Councell
lawfully
assembled
,
without
its
consent
.
The
Authority
also
of
the
holy
See
Apostolique●
unto
the
said
most
reverend
Presidents
in
more
speciall
manner
granted
intervening
.
Decreeing
notwithstanding
that
if
ought
bee
attempted
to
the
contrary
hereof
by
any
person
whatsoever
,
by
any
authority
whatsoever
,
it
to
bee
void
and
of
no
effect
.
Let
it
not
therefore
be
lawfull
for
any
man
to
infringe
,
or
in
a
temerarious
boldnesse
to
oppose
this
Chart
of
these
our
present
exhortation
,
desire
,
admonition
,
ordinance
,
declaration
,
innovation
,
will
and
decrees
.
That
a
Councell
is
above
the
Pope
Of
our
full
power
Apostolicall
we
abrogate
and
anull
,
and
decree
●hat
whatsoever
hath
been
enacted
,
declared
and
ordain'd
by
the
Councell
of
against
us
our
Lawes
and
liberties
,
and
of
the
See
Apostolique
,
be
invalid
and
of
no
effect
.
Forbidding
all
Christians
to
obey
or
give
eare
to
such
decrees
,
ordinances
,
commandements
and
proceedings
:
declaring
that
no
man
is
tyed
by
any
bond
of
oath
,
promise
,
or
compact
made
with
them
,
of
what
estate
,
degree
,
or
eminen●e
soever
he
bee
:
and
whether
he
bee
of
dignitie
Imperiall
,
Royall
,
Cardinall
,
or
whatsoever
else
Ecclesiasticall
or
Civill
.
Let
it
not
then
be
lawfull
for
any
person
to
infringe
,
or
in
a
temerarious
boldness
to
oppose
this
our
declaration
,
ordinance
,
will
,
command
,
cassation
,
abrogation
,
and
prohibition
.
with
full
power
Apostolique
.
Paul
Out
of
our
owne
proper
motion
and
full
power
Apostolique
.
Wee
decree
notwithstanding
that
if
any
person
whatsoever
by
any
authoritiy
whatsoever
,
doe
attempt
any
thing
to
the
contrary
,
it
shall
bee
void
and
of
no
effect
.
Let
it
not
therefore
be
lawfull
for
any
man
in
the
world
to
infringe
this
present
Chart
,
or
out
of
a
temerarious
boldnesse
to
oppose
it
.
To
remove
the
Councell
of
to
what
other
place
they
please
;
to
suppresse
and
dissolve
it
in
the
said
Citie
of
and
to
forbid
the
Prelats
and
other
persons
of
that
Councell
to
proceed
any
further
at
the
said
upon
paine
of
Ecclesiasticall
censures
and
punishments
.
To
summon
the
said
Prelats
and
other
persons
of
that
Councell
unto
that
City
whither
it
sha●l
he
adjourned
,
upon
paine
of
perjury
,
and
other
punishments
expressed
in
the
letters
of
Convocation
.
Constance
,
Basil
That
the
Pope
hath
no
power
to
transferre
a
Councell
without
its
approbation
.
Basil
,
That
the
Pope
hath
no
presidence
either
coercitive
or
authoritative
above
a
Councel
,
Conc.
Basil.
Wee
were
highly
displeased
that
you
should
yeeld
your
consent
,
or
give
your
advice
(
if
that
be
so
)
to
such
grievous
admonitions
and
censures
as
are
said
to
be
pronounced
against
us
,
and
that
namely
summoning
us
by
censures
to
a
place
which
is
notoriously
suspected
to
us
.
Then
the
Pope
being
distracted
with
a
doubtfull
care
because
he
was
pressed
with
warres
on
every
side●
and
saw
the
Councell
of
which
was
formerly
begunne
by
Pope
Decree
,
to
encrease
every
day
,
the
Kings
of
s●ocking
thither
,
as
r●ferring
the
common
cause
of
the
Christian
Commonwealth
to
the
Councels
arbitrement
resolving
with
himselfe
to
breake
off
the
Councell
,
he
transferred
it
first
from
with
the
consent
of
all
the
Cardinals
that
were
with
him
.
But
the
Emperour
and
the
rest
of
the
Princes
and
Prelates
then
at
did
not
onely
disobey
him
,
but
admonished
him
two
or
three
times
to
come
with
the
Cardinals
to
the
proper
place
for
the
holding
of
the
Councell
,
and
which
had
beene
pitched
upon
by
Pope
otherwise
they
would
proceed
against
him
as
a
prevaricator
and
contumacious
person
.
being
moved
with
these
words
,
confirmed
the
Councell
of
by
his
Apostolicall
letters
,
giving
every
one
leave
to
goe
thither
.
Ai●oniu●
lib.
by
holding
of
a
Councell
Con●il
.
Constan●ien
.
Sess.
or
by
any
other
way
as
shall
seeme
to
him
to
be
most
convenient
.
that
from
thence
forwards
Generall
Councels
should
bee
holden
from
ten
yeares
to
ten
yeares
.
Annal●●
in●erti
auth●●
〈◊〉
script●res
cooetin●●s
〈…〉
Avertin●●
l.
●●st
.
〈◊〉
We
see
thine
anger
and
thy
swelling
power
.
We
doe
not
yeeld
an
inch
either
to
thee
or
to
thy
pride
;
and
wee
will
make
thee
know
wee
are
none
of
thy
Clerkes
,
as
thou
boastest
thy selfe
,
and
art
proud
of
it
;
seeing
that
if
thy
passion
would
suffer
thee
,
thou
should
acknowledge
us
for
thy
brethren
and
fellow
Bishops
.
Whether
the
Pope
bee
above
a
Councell
.
Onuphrius
Panu●nus
in
addit
.
ad
Pl●●inam
.
l●
〈◊〉
The
holy
Councell
ordaines
by
this
irrefragable
Decree
,
that
during
the
time
of
this
sacred
Councell
,
the
Pope
of
absent
in
person
from
the
place
of
this
Sacred
Councell
,
nor
ought
nor
can
preferre
any
man
of
what
quality
soever
to
the
dignity
of
Cardinall
,
by
any
meanes
or
upon
any
pretence
whatsoever
.
For
the
extirpation
of
errours
and
heresies
〈…〉
Basil
Sess
for
the
reformation
of
manners
in
the
head
and
members
;
and
for
the
pacification
of
Kings
and
Kingdomes
,
and
all
other
Christians
.
Onuphrius
Panuinus
in
Pio
in
addition
.
ad
Platinam
There
was
a
great
controversie
by
reason
that
by
command
from
the
Pope
the
Ambassadours
of
the
two
Princes
were
both
censed
at
once
.
That
if
the
Pope
happened
to
dye
during
the
time
of
the
celebration
of
a
Councell
,
the
election
of
a
new
Pope
shall
belong
to
the
Cardinals
onely
,
and
not
to
the
Councell
.
The
holy
Generall
Councell
of
ordaineth
that
the
next
election
of
a
Pope
of
shall
bee
performed
in
such
manner
,
forme
,
place
and
time
as
shall
bee
appointed
by
the
sacred
Synod
:
and
that
the
said
Councell
may
for
the
future
qualifie
,
receive
and
depute
such
persons
as
it
shall
thinke
good
,
of
what
estate
and
condition
soever
,
to
make
such
election
active
and
passive
.
The
holy
Synod
ordaines
that
if
the
See
Apostolique
happen
to
be
void
while
this
holy
Generall
Councell
sits
,
the
election
of
the
Pope
shall
be
in
this
place
,
forbidding
it
to
be
done
in
any
other
.
In
capit
.
licet
.
De
electione
.
disput.
To
avoid
dissention
it
was
obtained
of
the
Councell
of
that
the
said
Councell
should
for
that
time
transferre
their
right
upon
the
Colledge
of
Cardinals
.
The
holy
Generall
Councell
of
in
execution
of
their
Ordinance
,
Decree
,
and
Constitution
,
touching
the
forme
of
electing
the
Pope
of
for
this
turne
,
to
proceed
to
the
said
election
,
hath
joyned
to
the
right
Reverend
Cardinals
,
with
their
expresse
will
and
consent
,
the
Reverend
Patriarchs
of
The
said
Co●ncell
doth
ordaine
and
de●lare
that
the
election
of
a
Pope
shall
for
this
turne
be
executed
and
performed
by
this
Sacred
Councell
of
or
at
least
by
its
authority
,
according
to
the
forme
already
set
downe
.
That
they
have
free
power
to
chuse
a
Pope
by
the
authority
of
this
Councell
.
AEneas
Sylvius
The
Fathers
thought
it
requisite
to
take
the
election
of
a
Pope
into
consideration
,
●●d
the
chiefe
of
them
having
consulted
about
the
manner
of
proceeding
,
it
was
proposed
and
at
last
agreed
upon
in
full
assmbly
,
that
two
and
thirty
Fathers
,
who
had
taken
the
Orders
of
Deacon
should
be
selected
out
of
the
body
of
the
Councel
,
who
having
first
taken
their
oaths
,
should
enter
into
the
Conclave
with
the
Cardinall
of
to
chuse
the
Pope
Iames
Almain
Iohn
Gerson
De
substractione
Papae
erga
Ecclesiam
in
terminis
Saint
Marti●
de
Montibus
Saint
George
de
Vitulo
aureo
To
oppose
the
gainsayings
of
Generall
Councels
,
and
to
derogate
from
them
.
Bellar.
l.
de
Concil.
author
.
C.
All
the
names
which
are
given
to
Christ
in
holy
Scripture
,
whereby
he
is
set
above
the
Church
,
the
same
are
all
ascribed
to
the
Pope
too
.
He
is
called
the
Head
of
the
body
of
the
Church
:
Hee
is
styled
the
husband
or
speuse
.
Matthew
,
If
thy
brother
have
offended
thee
,
tell
it
unto
the
Church
Bellar●
l
De
Concil.
●uthor
.
〈◊〉
I
adde
that
the
Pope
may
fulfill
this
command
by
a
way
of
his
owne
:
first
hee
must
reprove
him
that
hath
offended
,
in
private
;
then
afterwards
before
witnesses
:
lastly
,
the
telling
o●
it
to
the
Church
;
that
is
,
the
telling
of
it
to
himselfe
as
President
.
Pope
Gregory
confess●th
himself
inf●●●o●
to
Councels
.
Tell
it
to
the
Church
,
that
is
,
to
a
Councell
.
Archia●iaconus
in
Ca.
Praecipne
Tell
it
to
the
Church
,
that
is
,
to
those
that
preside
in
the
Church
.
Gl●s
in
Canon
N●●●
In●u●●a
al●a
in
C●●
.
St
papa
.
dis●●n●
.
If
the
Pope
chance
to
offend
,
his
fault
may
be
told
unto
the
Church
,
if
so
bee
it
be
lawfull
to
accuse
him
.
to
whose
prejudice
such
and
so
great
a
fault
,
by
a
bad
attempt
,
G●e●
l.
Regis●●●
ep.
hath
been
committed
,
doe
observe
that
rule
which
Truth
it selfe
commanded
,
saying
,
If
thy
brother
hath
offended
thee
,
&c.
I
have
therefore
endeavoured
,
by
meanes
of
those
whom
I
sent
in
my
behalfe
with
gentle
words
once
or
twice
,
to
correct
the
fault
which
is
committed
in
the
whole
Church
:
and
now
I
write
my self
.
I
have
left
nothing
undone
which
I
ought
to
doe
with
humility
:
but
if
I
bee
sleighted
in
this
my
correction
:
it
remaines
that
I
must
adde
the
Church
.
Canon
Praecip●e
G●eg
Magnus
.
ibid
the
chiefe
of
the
Apostles
,
is
a
member
of
of
the
holy
Catholique
Church
.
what
are
they
else
but
heads
of
particular
persons
?
and
yet
all
members
of
the
Church
under
one
head
?
and
to
binde
up
all
in
the
compasse
of
a
brief
manner
of
expression●
the
Saints
were
before
the
law
,
they
are
under
the
law
,
they
are
under
grace
too
,
and
yet
all
three
making
up
the
body
of
the
Lord
,
are
made
members
of
the
Church
.
But
the
Pope
is
the
Church
,
If
he
will
not
obey
the
Church
,
let
him
be
unto
thee
as
a
heathen
or
publican
.
Your
Majesty
Damas.
apud
Ambros.
ep.
I
received
your
letters
whereby
either
in
truth
or
in
modesty
you
have
beene
pleased
to
ask
our
opinion
.
But
it
being
adjudg'd
by
the
Councell
of
that
Bishops
next
adjoyning
should
be
assigned
for
Iudges
to
and
his
accusers
:
we
are
of
opinion
that
the
forme
of
judgement
cannot
stand
with
us
:
for
if
the
Synod
were
at
this
day
unbroken
up
,
we
should
haply
ordaine
the
very
same
which
is
contained
in
your
commission
.
It
is
your
part
therefore
,
who
have
undertaken
the
charge
of
the
judgemen●
,
to
proceed
unto
it
,
and
pronounce
your
sentence
upon
all
that
concernes
it●
against
which
nothing
must
be
attempted
.
Wherefore
it
is
necessary
in
the
first
place
,
that
they
passe
judgement
of
it
to
whom
the
power
of
judgeing
is
committed
.
For
us
,
it
were
not
sitting
that
we
should
judge
,
as
having
no
commission
so
to
doe
by
authority
from
the
Synod
.
Yet
it
was
the
Popes
duety
to
repeale
and
cancell
it
in
a
Synodicall
assembly
.
Balsamo
.
in
Can.
Synod
.
Nicen.
That
the
foure
Patriarches
should
bee
honoured
according
to
the
ancient
custome
:
to
wit
,
he
of
In
as
much
as
the
Bishop
of
hath
also
under
him
the
Westerne
Provinces
.
That
the
Pope
was
wont
to
make
Synodicall
Decrees
valid
B●lsamo
in
Can
Concilii
Nicaeni
The
meaning
of
the
Canons
is
that
the
Patriarches
should
bee
above
their
Metropolitans
,
and
the
Metropolitans
above
their
Bishops
.
V.
Conc.
Romanu●
sub
Hilario
.
to
.
Et
Can.
Quod
quis
And
to
the
intent
this
may
be
the
better
looked
to
for
the
future
,
if
you
please
,
give
us
your
advice
,
and
set
your
hands
to
it
,
that
so
the
gate
to
things
unlawfull
may
bee
shut
up
by
the
judgement
of
a
Synod
.
V.
dictum
Conc.
Can.
Wee
confirme
it
and
declare
it
so
to
bee
.
Can.
Confidi●u●
Epist.
Gelas●i
Papae
ad
Episc.
Dardan
.
to
.
Can
si●ut
.
dist.
Whosoever
presumes
to
loose
those
whom
these
Councels
binde
,
or
binde
those
whom
they
loose
,
hee
destroyes
himselfe
and
not
the
Councels
.
Can
Legimus
.
§
Si
authoritas
.
dist.
If
wee
must
come
to
authorities
,
the
world
is
wider
than
one
Citie
;
let
the
Bishop
bee
in
what
part
of
it
soever
,
be
he
at
be
he
at
be
he
at
be
he
at
be
he
at
he
is
still
of
the
same
merit
and
like
priesthood
.
The
power
or
riches
and
the
humility
or
poverty
doth
not
make
a
Bishop
greater
or
lesser
.
Lastly
,
they
are
all
the
Apostles
successors
.
But
you
will
say
unto
me
,
How
comes
it
to
passe
then
that
at
a
Priest
is
received
into
Orders
by
the
testimony
of
a
Deacon
?
Why
doe
you
object
the
custome
of
one
Citie
against
me
?
That
the
Decrees
of
a
Councell
prejudice
the
Decrees
of
a
Pope
,
when
they
are
repugnant
.
This
is
the
faith
,
most
blessed
Pope
,
which
we
have
learned
in
the
Catholique
Church
,
and
which
wee
have
alwayes
maintained
.
But
if
perchance
there
be
ought
amisse
in
it
,
we
desire
it
may
be
corrected
by
you
,
who
hold
the
See
and
faith
of
Saint
But
if
this
my
confession
shall
be
approved
by
the
judgement
of
your
Apostleship
,
whosoever
shall
reprove
me
,
will
but
shew
himselfe
an
ignorant
or
malicious
person
,
or
somewhat
besides
a
Catholique
,
to
wit
a
heretique
.
expurgat
.
in
d.
Can.
Haec
est
fides
.
I
beseech
you
brother
to
subscribe
to
this
confession
,
that
I
may
be
more
assur●d
of
it
,
and
may
fulfill
your
commands
without
delay
.
Can.
Si
duo
.
dist.
Can.
Si
papa
.
dist.
Glos
in
dist.
Si
Papa
.
That
a
Simoniacall
Pope
,
or
an
adulterer
,
or
he
that
scandalizeth
the
Church
by
any
other
notorious
crime
,
and
is
grown
incorrigible
,
may
be
accused
.
fell
upon
the
ground
before
the
Synod
,
and
lying
prostrate
all
along
in
that
manner
,
hee
was
condemn'd
by
the
Synod
.
epist.
ad
Imperat
.
M●●h
.
Bellarm
l.
de
authorit
.
Conc.
c.
Constant
.
Act.
Together
with
these
we
have
cast
who
was
Pope
of
old
out
of
the
holy
Catholique
Church
of
God
,
and
have
anathematized
him
:
because
we
finde
by
his
writings
directed
to
that
hee
hath
followed
his
opinion
in
all
things
.
Gloss.
in
Can.
Papa
.
dist
Platina
in
vita
Ioan.
By
whose
judgement
the
life
of
this
so
lewd
a
person
was
to
be
judged
:
but
hee
being
afraid
of
the
judgement
of
honest
men
,
fled
away
.
by
the
Bishops
Luitprandus
de
rebus
per
Europam
ges●is
l
&
seq
the
Clergy
,
and
Citizens
of
for
divers
crimes
:
that
the
Emperour
called
a
Councell
consisting
of
the
Cardinals
,
Patriarchs
,
and
Bishops
of
and
the
prime
Citizens
of
in
St.
Church
in
that
the
Pope
was
commanded
to
appeare
by
the
Emperours
letters
:
that
he
disdaining
to
make
appearance
,
the
Bishops
of
the
Councell
,
after
they
had
understood
the
heads
of
the
accusation
,
and
the
crimes
wherewith
he
was
charged
,
were
all
of
one
opinion
,
that
ought
to
be
degraded
and
deposed
from
the
Papall
dignity
;
desiring
the
Emper●ur
to
depose
him
and
put
another
in
his
place
.
Which
was
done
accordingly
.
M
Adamus
in
hist.
eccles.
c.
The
King
having
assembled
a
Councell
caused
Pope
to
be
deposed
though
he
were
absent
,
being
accused
of
divers
crimes
,
(
for
he
had
declined
the
judgement
by
flight
)
and
caused
to
be
put
in
his
place
.
Theoderic
à
Nihem
V.
E●●am
Anton.
de
Ro●elli●
in
cap.
Contraria
p.
The●d●i●us
à
N●hem
l.
de
schism
.
c.
Now
that
the
Emperour
hath
power
over
the
Pope
,
especially
if
hee
be
wicked
and
incorrigible
,
and
such
a
one
as
scandalizeth
the
Church
,
doth
sufficiently
appeare
from
the
acts
and
exploits
of
the
Emperours
or
Kings
of
the
For
Pope
the
twelfth
was
sans
controversie
or
dispute
,
the
alone
Pope
,
who
before
his
Papacy
was
called
descended
of
a
noble
and
potent
family
;
who
after
he
was
admitted
into
the
Popedome
,
gave
himselfe
sometimes
to
the
hunting
of
wilde
beasts
:
and
leading
a
loose
and
volu●●uous
life
,
addicted
himselfe
to
suspected
women
;
evill
entreating
some
of
his
Cardinals
,
and
maiming
them
in
their
limbes
because
they
had
reproved
him
for
it
That
the
Emperour
,
not
spending
the
time
,
called
a
Councell
of
the
Clergy
in
the
City
of
against
that
Pope
.
Where
the
said
Pope
being
deposed
by
the
unanimous
suffrages
of
them
all
,
another
called
the
●ight
of
that
name
,
a
man
of
great
renowne
,
of
a
laudable
life
and
holy
conversation
,
was
surrogated
in
his
roome
.
Id●m
lib
seeing
a
schisme
risen
in
the
Church
,
returned
back
into
the
City
,
and
having
understood
the
difference
between
the
two
competitours
,
quickly
called
the
Clergy
together
in
Councell
,
and
so
caused
the
one
of
them
to
be
declared
Pope
,
and
sent
the
other
,
to
wit
the
second
,
into
exile
into
Idem
lib.
Who
would
then
have
disputed
with
this
great
about
his
judgement
of
the
competitours
for
the
Popedome
,
and
of
one
vicious
and
perverse
Pope
by
himselfe
?
Who
durst
have
told
him
that
they
could
not
bee
judged
but
by
God
alone
?
I
wish
with
all
my
heart
there
would
come
such
an
Emperour
in
our
dayes
,
that
would
cancell
the
many
writings
in
this
labyrinth
,
which
have
encreased
so
fast
by
reason
of
the
multitude
of
writers
,
that
a
hundred
Camels
would
scarce
serve
to
beare
them
.
Yet
the
Emperour
having
called
a
Councell
Platina
in
vita
Ben●
l
&
Cle●
compelled
three
Popes
to
renounce
the
Popedome
;
namely
the
ninth
the
third
,
and
the
sixt
Pisa
,
Constance
That
they
left
the
whole
judgement
of
it
to
God
.
Marianus
Scotus
so
soone
as
hee
was
elected
desired
the
Emperour
to
cause
the
most
expert
and
understanding
Bishops
to
judge
of
Pope
in
a
Synod
.
The
Councell
then
being
assembled
at
caused
all
his
Priest●
〈◊〉
bee
burnt
,
and
himselfe
to
bee
buffeted
,
compelling
him
to
make
a
resignation
:
and
hee
was
afterwards
burned
.
Stephen
Having
assembled
a
Councell
,
hee
caused
the
corps
of
his
predecessour
,
to
bee
apparelled
in
mans
attire
:
and
after
hee
had
made
him
to
bee
devested
of
his
pontificall
garments
,
he
caused
him
to
be
throwne
into
the
after
he
had
made
two
of
his
fingers
to
bee
cut
off
Martinus
Polonus
Formosus
.
Iohn
Held
a
Synod
at
of
seventy
four
Bishops
,
where
that
was
condemned
which
had
been
done
by
Pope
AEnaeas
Sylvius
epist.
If
,
when
the
Generall
Councell
is
assembled
,
there
be
any
controversie●
or
complaint
against
the
holy
Church
of
enquiry
ought
to
be
made
upo●
the
question
proposed
with
convenient
reverence
and
respect
,
and
to
admit
of
satisfaction
,
and
to
proceed
,
or
cause
to
be
proceeded
therein
:
yet
not
andaciously
to
passe
sentence
against
the
supreme
Bishops
of
old
Wee
anathematize
for
his
intrusion
into
the
Church
of
for
his
subornation
of
false
vicars
:
for
his
adventuring
to
hold
a
Councell
of
vanitie
:
and
for
the
crimes
which
hee
falsly
objected
against
Pope
Conc.
Chalced.
Act.
The
reverend
Bishops
said
,
This
sentence
is
just
:
Wee
all
say
so
:
It
pleaseth
us
all
likewise
:
The
Decree
is
just
.
Our
interlocution
was
approved
by
all
the
Synod
.
Epist
Leoni●
Martian
,
Pulcheria
Leo
Papa
epis●
Evag●ius
l.
Conc.
Chalce●
.
in
allocutione
ad
Mariam
ad
finem
.
If
it
bee
not
consonant
to
holy
Scripture
,
let
any
man
disprove
it
.
That
it
belonged
to
none
to
expound
matters
of
faith
,
saving
the
Fathers
of
the
What
God
had
first
determined
by
our
ministery
,
he
hath
now
confirmed
by
the
irretractable
consent
of
all
our
brethren
.
Sozomen
.
l.
Augustin
.
ep.
But
suppose
the
Bishops
which
judged
at
did
not
judge
aright
:
recourse
may
yet
be
had
to
a
Councel
of
the
Church
Catholique
:
where
both
the
cause
and
the
Iudges
themselves
may
yet
bee
tryed
:
that
so
if
they
bee
convinced
to
have
judged
amisse
,
their
sentence
may
be
repealed
.
Bellarmine
Bellar.
l.
de
Conc.
author
.
c.
Ludovicus
Bavarus
German
.
Chron.
l●
Vide
etiam
Albertum
Argentin●ns
.
in
C●ronic
.
p.
Hee
appeal'd
to
a
Generall
Councell
,
and
to
the
Pope
(
who
was
now
misinform'd
in
the
matter
)
when
hee
should
be
better
informed
.
That
it
was
not
lawfull
for
him
to
demeane
himselfe
as
Emperour
,
and
be
called
by
that
title
,
unlesse
hee
had
by
way
of
preamble
been
confirmed
by
him
after
his
election
:
and
he
appointed
him
a
day
to
make
his
appearance
at
to
excuse
himselfe
,
and
make
satisfaction
for
his
faults
,
upon
condition
that
in
the
meane
time
he
leave
off
the
name
and
administration
of
Emperour
.
did
appeale
from
him
The
processe
of
the
See
of
had
at
that
time
a
great
deale
of
force
;
for
it
was
a
crime
inexpiable
to
be
of
a
different
opinion
from
the
Pope
.
But
had
some
Doctors
in
both
lawes
which
held
the
Popes
sentence
to
bee
invalid
;
which
opinion
of
the
Doctors
was
a
cause
that
many
stood
firme
to
the
Emperours
party
.
Nau●ler
generat
Adde
Albericum
de
Rosate
in
l
Bene
à
Zenone
C.
de
quad●●en
.
praescrip.
Et
Avent●n
.
l.
annal
Boiorum
Paulus
Langiu●
in
Chron.
Citizensi
sub
ann.
Avinion
.
By
the
councell
and
advice
of
all
the
Prelates
and
Princes
of
met
together
in
the
City
of
we
declare
and
ordaine
that
all
such
proceedings
are
of
no
power
,
force
,
nor
efficacy
.
in
full
Consistory
condemned
the
letter
of
the
generall
Chapter
of
the
Friars
Minorites
holden
at
Generall
of
the
Order
for
that
yeare
,
made
an
appeale
against
the
Pope
;
affirming
that
the
Popes
determination
touching
the
poverty
of
CHRIST
IESVS
was
hereticall
.
Considering
then
that
his
Holinesse
hath
bereft
us
of
all
hopes
of
possibility
of
obtaining
justice
at
his
hand●
;
by
reason
whereof
we
cannot
appeale
to
the
Pope
better
informed●
seeing
that
his
eares
are
growne
deafe
towards
us
,
and
his
indignation
is
inflamed
after
his
desire
.
Wee
appeale
unto
the
Pope
which
shall
succeed
him
,
to
judge
of
his
predecessors
actions
and
to
the
Generall
Councell
which
shall
bee
assembled
.
A●n●eas
Sylviu●
epist.
Philippus
Augustus
Iohn
le
Maire
an
Appeal
cannot
be
made
from
a
Minister
Platina
in
Boni●
V.
les
libertez
.
de
l'Eglise
Gal●●cane
,
versus
●●n
.
to
the
See
Apostolique
then
vacant
(
as
he
said
)
and
to
a
fu●ure
Councell
,
This
likewise
was
the
meanes
which
M.
the
Kings
Atturney
Generall
used
against
the
Bulls
of
Cardinall
appealing
from
them
to
the
Pope
better
inform'd
,
or
unto
those
to
whom
the
Appeal
did
of
right
appertaine
.
Iean
l●
Maire
en
la
●
part
.
des
schi●mes
.
Robert
.
Gaguin
lib.
in
Ludovico
Du
T●llet
en
son
advi●
sur
les
libertez
de
l'Eglise
G●llicane
.
appealed
from
all
the
Popes
attempts
to
a
●uture
Councell
,
Iohn
le
Maire
Robert
Gaguin
to
secure
himselfe
from
the
censures
of
the
said
Pope
,
with
the
advice
of
his
Parliament
,
caused
an
Appeal
to
be
put
in
by
his
Atturney
Generall
from
the
said
Pope
to
●
future
Councel
:
and
ordained
by
an
arrest
that
the
Cardinal
of
should
be
punished●
because
he
had
resisted
the
authorities
and
rights
of
the
King
Iohn
de
T●llet
Not
without
cause
did
the
Vniversity
of
become
appellants
to
a
Generall
Councell
against
Pope
for
the
good
and
preservation
of
the
Churches
of
the
whole
Kingdome
,
and
especially
for
that
the
same
Pope
had
undertaken
to
condemn
and
disanull
the
Councell
of
in
a
certaine
assembly
or
conventicle
of
Cardinals
holden
a●
Ludovicus
Romanus
Cons.
Abbas
Siculus
in
allegationibus
quae
incip●●ant
Quoniam
ve●●a●
in
〈◊〉
Recueil
des
●il
ert●s
de
l'
Eglise
Gallicane
v●●s●s
fin
.
Sozomen
lib.
Ludovicus
Romanus
Abbas
Siculus
(
Appello
Concil.
Chalced.
Evagrius
l
Conc.
Chalc.
ejusdem
Concil
That
they
being
accusers
could
not
bee
judges
.
Iohn
Chrysostome
Sozomen
.
lib.
That
a
Councell
is
above
the
Pope
,
Platina
in
vita
Alexandri
Nau●ler
to
It
was
disputed
a
long
time
at
the
Councell
of
about
the
pretended
deposition
of
the
Popes
:
principally
by
Doctour
in
both
Lawes
,
and
Professour
at
to
wit
,
whether
,
supposing
it
for
true
that
the
two
Popes
scandalized
the
Church
by
the
open
violation
of
their
oathes
,
and
of
the
vow
which
they
had
made
for
the
union
of
the
Church
,
considering
they
had
no
regard
of
it
,
but
by
mutuall
collusion
did
dissemble
it
,
and
that
a
most
wicked
schisme
is
very
harmefull
to
the
Church
:
Whether
(
I
say
)
the
Cardinals
might
call
a
Councell●
and
both
Popes
,
being
cited
to
the
Councell
and
not
appearing
,
but
persisting
in
their
contum●●y
,
might
be
deposed
;
and
whether
they
might
proceed
to
the
election
of
another
.
Whereupon
after
a
long
dispute
,
in
the
presence
of
many
Doctours
of
Divinity
and
both
the
Lawes
,
it
was
at
last
resolv'd
without
contradiction
,
they
all
being
of
the
same
minde
,
that
it
might
be
lawfully
and
Canonically
done
.
Conc.
Constan.
Sess
The
holy
and
Generall
Councell
of
doth
ordai●●
and
declare
,
that
a
Synod
lawfully
called
in
the
name
of
the
holy
Ghost
,
making
a
Generall
Councell
,
and
repre●enting
the
Catholique
Church
militant
,
h●●h
it●
power
immediatly
from
Christ
,
to
which
every
one
is
bound
to
obey
in
what
estate
or
dignity
soever
he
bee
set
,
though
it
bee
in
the
Papall
,
forasmuch
as
concerne●
faith●
the
extirpation
of
Schisme
,
the
generall
reformation
of
the
Church
of
God
both
in
the
Head
and
members
.
Item
,
it
declares
that
whosoever
shall
neglect
to
obey
the
commands
,
statutes
,
ordinances
,
or
decrees
of
this
●acred
Synod●
or
of
any
other
Generall
Councell
lawfully
assembled
,
in
the
things
aforesaid
,
〈◊〉
others
t●●●●to
appertaining
,
made
or
to
bee
made
if
hee
doe
not
repent
of
it
,
hee
shall
undergoe
a
condigne
penance
,
and
shall
be
severally
punished
;
yea
and
that
with
recourse
,
if
need
requ●●e
,
to
other
remedies
of
law
against
him
,
〈…〉
estate
,
or
dignity
soever
hee
bee
,
though
he
be
Pope
.
Wherefore
there
is
need
of
strong
and
ready
succours
,
forasmuch
as
the
authority
of
sacred
Generall
Councels
,
now
more
stirred
than
ever
,
doth
not
onely
shake
,
but
is
already
borne
downe
to
the
ground
.
For
the
decision
of
the
Sacred
Councel
of
which
ought
never
to
be
forgotten
,
is
not
yet
quite
o●t
of
memory
,
to
wit
;
●o
wit
,
that
a
holy
Synod
lawfully
called
in
the
name
of
the
Holy
Ghost
,
making
a
Generall
Councell●
and
repre●enting
the
Catholique
Church
militant
,
hath
its
power
immediately
from
Christ
,
to
which
every
one
is
bound
to
obey
in
what
estate
or
dignity
soever
hee
bee
set
,
though
it
bee
the
Pope
;
for
as
much
〈◊〉
concernes
faith
,
the
extirp●tion
of
Schisme
,
and
the
generall
reformation
of
the
Church
of
God
,
both
in
the
Head
and
the
members
.
To
set
the
holy
Church
of
God
a●
peace
and
union
,
wee
have
directed
our
petition
to
the
person
of
the
welbeloved
sonne
of
the
Church
,
called
the
fift
in
his
obedience
hopeing
that
he
will
doe
what
on●
that
is
to
be
Pope
ought
to
do
,
having
understood
by
credible
information
,
that
he
beleeves
and
followes
that
which
is
truth
,
for
the
preservation
&
upholding
of
the
authority
of
Sacred
Councels
,
so
as
it
was
determined
&
declared
at
the
most
sacred
Synod
of
&
renewed
at
the
holy
Councel
of
&
received
,
preached
and
dogmatically
delivered
by
the
Prelats
,
Kings
,
Princes
,
and
Vniversities
of
the
earth
:
to
wit
,
that
a
generall
Synod
lawfully
called
in
the
name
of
the
Holy
Ghost
,
making
a
Generall
Councell
,
Thomas
de
Vi●
Cajetano
Constance
,
Basil
Iohn
Gerson
The
holy
Generall
Synod
of
lawfully
assembled
in
the
name
of
the
Holy
Ghost
,
making
the
Councel
General
,
and
representing
the
Church
Catholique
,
doth
ordaine
and
declare
as
followeth
;
First
that
his
holy
Synod
,
nor
shall
,
nor
can
be
dissolved
,
till
such
time
as
the
Church
Vniversall
be
reformed
in
faith
and
manners
,
as
well
the
Head
as
the
members
:
and
till
the
heresies
and
schismes
which
are
a
growing
be
extinguished
:
till
the
warres●
which
are
a
preparing
amongst
Christians
,
be
accorded
.
Yet
notwithstanding
for
the
continuation
of
it
,
it
may
be
removed
to
a
place
of
safety
by
the
common
consent
of
the
fathers
;
especially
with
our
most
holy
Father
the
Pope
,
if
he
can
bee
got
to
agree
thereunto●
alwaies
provided
that
it
bee
not
to
it
being
notorious
that
it
cannot
bee
in
safety
there
.
It
further
ordaines
that
the
Canons
of
the
holy
Councell
of
here
underwritten
,
contained
in
the
fifth
Session
thereof
,
shall
be
strictly
obs●rved
and
kept
in
the
same
manner
that
they
lye
,
and
that
the
contents
of
them
shall
be
inserted
into
this
Decree
,
and
shall
be
holden
by
all
men
as
most
true
,
as
they
here
follow
.
First
the
holy
Synod
lawfully
assembled
,
making
a
Generall
Councell
,
&c.
Item
,
in
the
second
place
it
declares
that
if
any
man
,
of
what
condition
,
estate
,
and
dignity
soever
he
bee
,
though
it
be
the
Pope
himself
,
shall
with
contumacy
neglect
to
obey
the
edicts
,
ordinances
,
and
commands
of
this
sacred
S●nod
,
Pl●t●na
in
Alex●n●r.
That
he●
thought
and
beleev●d
that
all
that
was
ordained
at
the
Councell
of
was
just
and
right
,
and
void
of
all
fraud
and
deceit
.
Naucleru●
the
fift
tow●rd●
the
end
of
the
first
yeare
of
his
Pope●ship
,
N●●●l
●us
tom.
beganne
to
finde
himselfe
very
ill
;
and
perceiving
death
to
draw
n●are
hee
called
the
Cardinals
,
protesting
unto
them
by
that
death
whi●h
hee
saw
b●●or●●is
eyes
,
which
he
did
no
way
feare
,
as
being
confident
of
his
good
life
,
that
hee
verily
thought
and
beleeved
that
at
the
Councell
of
all
things
were
well
de●reed
,
and
with
integritie
of
heart
,
without
any
fraud
or
deceit
.
〈…〉
Sess.
●●●
Platina
.
Martin
〈◊〉
B●sil
.
●●ss
Extat
post
ult.
Session
.
●on●il
.
Basilie●sis
.
Petrus
de
Alliaco
in
tract
.
de
potestate
Ecclesiae
.
de
concord
.
Cathol.
cap.
ult.
Cardinalis
Florentin
.
in
repetit
.
cap.
licet
de
election
.
Episcopus
Gadicensi●
in
allegation
.
contra
Eugenium
.
Iohn
Gerson
Ioannes
Gerson
in
tract
.
de
potestate
Ecclesiae
.
con●id
.
In
sermon●
pro
viagio
Regis
Romani
.
in
Tractat.
de
au●eri●ilitat
.
Pap.
Iacobu●
Almain
magister
Parisiens
.
adversus
Thomam
de
Vio
Cajetano
.
Sorbon
,
William
Guilielmus
Okkam●●
Marsilius
Patavin●●
in
defens
.
paci●
.
part
.
Hermannus
Monachus
in
lib.
de
potestate
Papae
&
Concilii
.
Iacobus
de
Paradiso
in
lib.
de
septem
statib●●
Ecclesiae
.
Iames
Paradise
Ioannes
de
Parisiis
in
tract
.
de
potestate
Regali
&
Papali
cap.
in
fine
Immol●
in
cap.
Cum
in●erior
.
De
majoritate
&
obedientia
.
Et
in
cap.
Quant●
.
De
translatione
Praelatorum
Ludovicus
Romanus
cons.
Et
in
tribus
ultimis
Conci●iis
Ludovicus
Romanus
Guilielmus
de
Montserrat●
in
Commentar.
supra
Pragm●t
.
Sanction
.
part
.
Vincentius
in
allegationibus
cap.
Nicholas
Clemangiis
Now
it
is
fitting
to
set
which
of
the
two
ought
to
bee
obeyed
,
whether
or
the
holy
Councel
:
having
shewed
the
validity
and
subs●stence
of
the
Councel
of
the
superiority
and
preeminence
of
the
Councel
is
proved
thus
.
Although
the
Pope
or
supreme
Bishop
bee
so
the
principall
part
of
the
Church
,
or
in
the
Church
,
that
there
is
no
one
member
of
the
said
Church
or
particular
councel
,
greater
or
more
principal
than
he
,
nor
indeed
so
great
as
he
is
avowed
and
acknowledged
to
be
by
all
those
that
have
treated
of
the
power
of
the
Pope
.
Yet
no
Catholique
,
that
will
understand
the
ma●ter
,
can
e●er
doubt
but
that
the
whole
Church
,
or
a
firme
and
subsistant
Generall
Councel
,
〈◊〉
greater
than
he
,
and
his
superiour
in
matters
that
concerne
faith
,
or
the
extirpation
of
schismes
,
or
the
generall
reformation
of
manners
.
For
this
was
determined
by
the
authority
of
the
Church
Catholique
at
the
sacred
Councell
of
and
confirmed
at
the
holy
Synod
of
and
of
in
these
words
;
That
a
Synod
lawfully
assembled
,
in
the
name
of
the
holy
Ghost
,
making
a
Generall
Councell
,
and
representing
the
Church
militant
,
hath
its
power
immediatly
from
Christ
,
to
which
every
one
is
bound
to
obey
,
of
what
estate
or
dignity
soever
hee
be
,
though
he
be
Pope
,
in
matters
which
concerne
,
And
although
this
declaration
of
the
Catholique
Church
might
suffice
alone
to
prove
the
supreme
authority
of
sacred
Councels
upon
earth
:
yet
notwithstanding
,
for
the
greater
confirmation
of
what
hath
been
spoken
,
That
the
rest
of
the
body
of
the
Church
(
excluding
the
Pope
,
if
he
bee
contrary
to
it
)
hath
this
authority
,
there
may
be
brought
both
reason
,
and
experience
,
and
authority
.
In
the
first
place
,
reason
teacheth
us
,
Considering
then
that
all
General
Councels
are
grounded
upon
such
authority
,
that
if
they
be
assembled
about
faith
&
reformation
of
manners
,
&
that
which
belongs
thereunto
,
every
man
from
the
least
to
the
greatest
is
bound
to
obey
them
:
as
also
considering
they
cannot
erre
,
and
that
the
sacred
Councel
of
continues
firme
and
undoubted
untill
this
day
,
as
hath
beene
proved
.
From
hence
three
things
are
inferred
:
First
,
That
if
a
General
Councell
and
the
Pope
,
though
hee
bee
truely
and
reallie
Pope
,
be
at
variance
,
and
command
contrary
things
,
the
most
illustrious
Princes
Electours
,
and
all
other
Christians
ought
and
are
bound
to
obey
the
Councel
and
leave
the
Pope
.
The
second
,
that
the
sacred
Councell
of
and
Pope
that
was
,
commanding
contrary
things
,
they
are
bound
to
yeeld
obedience
to
that
sacred
Councel
and
not
to
Yea
to
account
him
no
Pope
,
seeing
the
Councel
had
power
to
proceed
to
the
deposing
of
him
for
his
disobedience
.
The
third
,
that
they
are
bound
to
obey
the
most
holy
Pope
who
was
chosen
by
the
Councell
.
To
the
second
,
namely
whether
the
holy
Councell
of
had
full
power
to
proceed
against
and
to
depose
him
and
create
another
,
it
is
answer'd
;
That
the
holy
Ghost
hath
openly
declared
by
the
Organ
of
the
sacred
Councel
of
that
the
Church
,
and
a
holy
Councell
wh●ch
represents
it
,
hath
such
a
power
over
any
man
whatsoever
he
be
,
although
he
be
placed
in
Papall
dignity
.
The
holy
Councell
of
lawfully
assembled
in
the
name
of
the
Holy
Ghost
,
representing
the
Church
Catholique
,
and
by
way
of
continuation
,
removed
to
for
a
time
,
to
our
beloved
sonnes
the
Rectours
,
Doctours
,
Masters
,
and
Regents
of
the
mother
nurse
the
Vniversity
of
health
and
blessing
from
God
Almighty
.
Our
beloved
sonne
Chancelour
of
will
by
our
direction
deliver
unto
you
a
certaine
suspected
booke
full
of
injuries
against
the
Councels
of
and
against
ours
,
and
against
the
maine
defender
of
the
Church
,
made
by
a
certaine
Frier
a
bold
fellow
,
and
a
dangerous
:
who
we
desire
may
be
corrected
according
to
his
desert
.
Wherefore
we
desire
you
in
the
name
of
the
Lord
to
examine
and
diligently
to
sift
that
booke
,
and
speedily
to
send
us
●●ur
resolution
and
opinion
of
it
,
to
the
end
that
we
may
proceed
with
your
sage
advice
according
to
the
merit
of
his
boldnesse
.
England
,
France
,
Germany
,
Spaine
Platina
in
vita
Ioannis
The
affaires
of
the
Councell
were
managed
by
the
votes
&
suffrages
of
five
nations
;
to
wit
,
of
All
that
was
decreed
and
resolved
upon
by
suffrages
of
these
nations
continued
firme
and
strong
,
and
was
proclaimed
and
publiquelie
declared
by
a
cryer
or
publique
notarie
:
insomuch
that
it
was
afterwards
confirm'd
by
the
generall
consent
of
all
.
AEnaeas
Sylvius
AEnea●
Sylviu●
lib.
de
gestis
Concil.
Basil.
That
all
Christian
people
called
it
a
Councell
lawfullie
assembled
,
and
received
it
with
all
reverence
.
Constance
,
Basil
V.
Pragmatic
.
Sanct.
in
prooem●o
.
That
the
King
had
acknowledged
the
Councell
of
for
a
true
Councel
V.
Nicolaun
de
Clemangiis
in
●as●iculo
●erum
exp●●end
.
Cons●i●utio
Ludo●i●●
quam
vi●e
in
tit
D●s
Pragmat●
S●nction
.
in
〈◊〉
Constitut
.
de
Valore
Benesi●iorum
that
hee
had
sent
his
Ambassadours
thither
:
that
divers
good
things
had
beene
there
ordained
concerning
faith
and
manners
,
which
he
approved
of
;
and
that
he
never
accounted
that
assembled
at
for
a
Councel
:
That
for
the
Pragmatique
Sanction
his
pleasure
was
it
should
bee
inviolablie
observed
and
kept
.
To
avoid
the
great
dangers
which
may
happen
hereafter
about
the
recalling
of
the
Pragmatique
,
whether
such
revocation
be
obeyed
or
it
bee
not
,
(
which
may
bee
foreseen
by
all
such
as
are
well
affected
)
hee
hath
made
certaine
Concordats
with
the
holy
See
Apostolique
.
Platinain
Eugenio
The
thirtith
of
March
there
was
holden
a
Generall
Session
in
the
Cathedrall
Church
of
in
which
there
were
two
hundred
Fathers
,
There
was
also
the
King
of
the
with
the
habit
and
formalities
belonging
to
the
King
of
the
After
masse
was
done
the
Cardinal
of
read
certaine
constitutions
which
should
be
observed
by
the
Councell
,
the
tenure
whereof
is
set
down
hereafter
:
which
being
read
and
approved
by
the
Generall
Councell
,
Proctour
and
Syndic
for
the
nation
,
did
desire
in
behalfe
of
that
Nation
,
that
a
copy
of
those
ordinances
might
be
given
unto
him
:
The
like
was
required
by
the
Proctours
and
Syndi●s
of
all
the
countries
subject
to
the
King
of
the
of
the
Vniversities
,
the
Schooles
,
and
Ambassadours
:
there
being
present
at
the
same
time
the
most
illustrious
Princes
,
Burgrave
of
Duke
of
the
Count
the
Ambassadours
of
the
Kings
of
and
also
Vicount
of
the
Marquesse
of
and
divers
other
nobles
,
and
reverent
Fathers
in
great
abundance
.
Constance
,
By
mutuall
consent
they
deprived
of
the
Papall
dignity
Pl●tina
in
Gr●gorio
all
nations
assenting
to
that
so
hard
sentence
,
except
the
nether
the
King
of
and
the
Earle
of
who
favoured
Pope
Plati●●
in
Al●xan
B●ll●rmin
.
l
de
Con●
.
au●hor
.
cap.
It
was
not
then
a
Generall
Councel
because
there
was
only
the
third
part
of
the
Church
there
;
to
wit
,
only
those
Prelats
which
obeyed
For
those
which
obeyed
did
oppose
that
which
was
done
by
the
Councell
.
That
there
was
no
certaine
Pope
in
the
Church
,
without
whom
controversies
in
faith
cannot
bee
determined
.
Pla●ina
in
Ioanne
Con●
.
Constanc
.
Sess.
That
his
suddaine
departure
was
not
for
feare
or
cowardice
,
but
by
reason
of
the
bad
aire
;
and
that
he
offerd
to
fulfill
all
that
he
had
promised
to
the
Councell
:
and
when
they
proceeded
to
his
condemnation
,
approv'd
of
all
●
adding
that
in
all
things
hee
conform'd
himselfe
to
every
ordinance
,
deliberation
,
and
determination
of
the
said
sacred
Councell
:
Conc.
Constant.
Sess.
and
that
he
ratified
the
processe
made
against
himselfe
,
affirming
the
Councell
of
is
most
holy
:
that
it
cannot
erre
:
that
it
is
a
continuation
of
that
of
and
that
he
would
never
contradict
the
sacred
Councell
of
He
confirmed
only
such
Decrees
as
concerne
the
faith
;
such
as
were
made
that
is
according
to
the
use
in
other
Councels
,
after
the
thing
had
beene
diligently
examined
.
And
it
is
apparent
that
this
Decree
was
made
at
the
Councel
of
without
any
examination
Conc.
Cons●ant
.
Session●
AEnaeas
Sylvius
Conc.
Basil.
Session
Concil.
Const.
Sess.
To
beleeve
and
maintaine
the
holy
Catholique
faith
,
according
to
the
traditions
of
the
Apostles
and
holy
Generall
Councels
.
Conc
Basil.
Sess.
Conc.
Cons●ant
.
Sess.
Concil.
Basil.
Sess.
Co●cil
.
Basil.
Sess●
Wee
denounce
and
decree
that
the
said
Generall
Councell
of
was
and
is
lawfully
continued
ever
since
the
time
it
first
begun
:
and
that
it
hath
had
a
continuall
succession
:
and
that
it
ought
to
bee
continued
and
prosecuted
about
the
things
aforesaid
,
and
others
belonging
thereunto
,
as
well
as
if
it
had
never
beene
dissolued
.
the
things
aforesaid
At
the
beginning
of
his
Popedome
guiding
himselfe
by
bad
counsell
,
he
put
all
things
both
divine
and
humane
in
confusion
For
he
stirred
up
the
people
of
to
armes
:
and
authorized
the
Councell
of
which
was
a
cause
of
infinite
evils
,
by
reason
of
his
approving
the
Decrees
of
it
by
his
Apostolicall
letters
.
Nau●ler
gen●●at.
endeavoured
to
remove
the
Councell
of
but
the
Emperour
and
the
rest
of
the
Princes
and
Prelates
which
were
then
at
did
not
onely
disobey
him
;
but
,
which
is
more
,
they
warned
him
two
or
three
times
to
come
to
with
his
Cardinals
:
the
proper
place
,
and
which
was
chosen
by
Pope
otherwise
they
would
proceed
against
him
as
a
prevaricator
and
contumacious
person
.
being
moved
with
their
language
,
confirmed
the
Councell
of
by
his
letters
Apostolicall
,
giving
every
man
leave
to
goe
thither
.
Concil.
B●sil
.
Sess.
Ibid
Sess
That
neither
the
Legats
,
nor
any
other
on
the
Popes
behalfe
,
nor
he
himselfe
did
complaine
of
it
.
Bellar
l.
d●
Ecclesia
militante
.
cap.
V.
principium
Concilii
Flo●entini
That
he
held
the
Councell
of
for
a
true
Councell
:
that
hee
never
approved
that
of
that
for
the
deposition
of
and
election
of
he
never
yet
did
approve
of
them
,
nor
doth
he
now
approve
them
.
That
all
the
Ambassadours
of
the
Emperour
,
Kings
and
Princes
,
which
were
at
the
Councell
of
before
,
stayed
there
,
notwithstanding
the
pretended
translation
of
it
to
and
which
is
more
the
King
of
did
expresly
forbid
any
of
his
subjects
to
goe
to
to
celebrate
the
holy
Oecumenicall
Councell
upon
paine
of
great
penalties
,
alwaies
acknowledging
the
Generall
Councell
of
Vid.
Naucler
.
generat
AEnaeam
Sylvium
in
●onc
.
Basil.
Et
Panor●●
in
tract
.
de
Con●
.
Bas●l
.
The
King
protesteth
as
a
most
Christian
Prince
treading
in
the
footsteps
of
his
predecessors
,
that
hee
will
obey
the
Church
duly
and
lawfully
assembled
.
But
forasmuch
as
divers
honest
and
grave
personages
doubt
whether
the
suspension
and
deprivation
and
the
election
made
at
be
well
and
canonically
performed
and
celebrated
;
and
that
it
is
questioned
,
whether
that
assembly
,
then
when
these
things
were
done
,
did
sufficiently
represent
the
Church
Catholique
,
to
proceed
to
such
great
matters
and
so
important
:
the
King
persists
and
remaines
in
obedience
to
in
which
hee
is
at
this
present
.
Iohn
Gersons
●is●ioulus
temporum
in
Imp●●●●
.
Frederic
.
sub
ann.
Nav●l●rus
●enera●●
.
P●●lu●●angius
in
●hronic
.
〈◊〉
sub
ann●
Bergon●ensis
l.
We
have
declared
that
peace
is
necessary
,
yet
so
as
the
authority
of
the
Church
bee
alwayes
preserved
entire
,
according
to
the
determination
of
the
holy
Councell
of
The
holy
Synod
lawfully
assembled
,
representing
the
Church
Catholique
,
with
mature
and
concordant
deliberation
,
hath
chosen
the
welbeloved
sonne
of
the
Church
for
supreme
Bishop
,
calling
him
by
the
name
which
hee
is
now
called
,
the
fift
England
,
France
,
Sicily
Onuphrius
Panu●nus
.
ad
Platinam
in
Iulio
being
puffed
up
with
the
good
successe
of
their
affaires
summoned
Pope
the
second
to
a
Councell
which
should
be
holden
at
the
first
of
September
,
as
it
was
agreed
upon
betwixt
them
and
the
Emperor
,
and
the
Cardinals
that
were
revolted
from
the
Pope
:
who
having
laboured
to
make
peace
with
the
King
of
the
twelfth
,
upon
condition
of
recovering
and
dismissing
this
Councell
of
seeing
that
hee
was
growne
insolent
after
his
victory
,
and
that
he
obstinately
refused
to
hearken
unto
him
,
by
the
advice
of
he
called
the
Generall
Councell
of
to
defeat
the
Conventicle
of
And
besides
he
excommunicated
the
King
of
who
had
received
the
Councell
into
the
City
of
and
all
those
that
were
assembled
thither
.
He
deprived
five
Cardinals
of
all
their
honours
and
dignities
,
who
had
beene
the
authors
of
that
Councell
.
Nine
Cardinals
revolt
from
me
,
proclaime
a
Councell
;
invite
me
to
come
to
it
,
desire
me
to
preside
at
it
:
when
they
cannot
obtaine
that
,
they
call
it
themselves
,
and
summon
all
the
world
unto
it
,
with
the
authority
of
as
Emperour
,
and
the
twelfth
,
King
of
Ioannes
Baptista
de
Theodorico
Francis
de
Treio
Rome
;
Having
not
had
any
Generall
Councels
for
so
many
years
,
and
how●ver
some
few
were
assembled
,
as
wee
finde
that
there
have
beene
five
within
these
hundred
years
last
past
that
of
yet
for
all
that
the
Church
hath
not
beene
reform'd
effectually
,
by
reason
of
those
impediments
and
quarrels
which
have
intervened
:
and
the
Lords
field
in
the
meane
time
is
overgrowne
with
briers
and
thornes
,
that
must
of
necessity
bee
purged
by
a
Councell
.
The
things
underwritten
are
the
publique
chapters
ordained
betwixt
the
supreme
Bishop
that
shall
bee
,
and
the
right
reverend
Cardinals
unanimously
,
and
with
common
consent
for
the
defence
of
the
libertie
of
the
faith
,
and
the
reformation
of
the
Church
in
the
Head
and
members
.
We
all
and
every
one
of
the
Cardinals
of
the
holy
Church
of
here
underwritten
,
do
swear
and
vow
to
God
Almighty
,
to
the
holy
Apostles
and
promise
to
all
the
saints
of
holy
Church●
that
if
any
of
us
be
chosen
Pope
,
presently
after
the
solemnity
of
his
election
,
he
shall
sweare
and
vow
purely
,
and
in
all
simplicity
,
and
good
truth
,
to
keep
and
cause
to
be
effectually
fulfilled
and
kept
,
all
and
singular
the
Chapters
here
underwritten
,
and
to
require
all
notaries
to
send
out
publique
Buls
of
the
same
.
First
of
all
hee
shall
swear
and
promise
,
that
,
in
case
of
necessity
of
assisting
faithfull
Christians
,
Item
,
forasmuch
as
it
is
very
important
to
call
a
Generall
Councell
with
all
speed
,
for
the
peace
of
Christians
,
the
reformation
of
the
Church
,
the
abolishing
of
many
exactions●
as
also
for
an
expedition
against
the
infidels
:
hee
shall
promise
,
swear
,
and
vow
to
call
it
within
two
yeares
after
his
creation
,
and
to
begin
it
effectually
in
some
place
of
freedome
and
safety
which
shall
bee
chosen
by
him
and
two
parts
of
the
right
reverend
Lord
Cardinals
,
by
the
second
,
Pope
,
being
chosen
to
the
dignity
of
supreme
Bishop
,
doe
promise
,
swear
,
and
make
a
vow
,
to
fulfill
and
keepe
all
the
things
aforesaid
,
and
every
of
them
,
wholly
and
entirely
,
purely
,
simply
,
in
good
truth
,
readily
and
effectually
,
upon
paine
of
perjury
,
and
anathema
;
from
which
I
will
neither
absolve
my selfe
,
nor
procure
my selfe
to
bee
absolved
by
any
other
.
So
helpe
me
God
and
the
holy
Gospels
.
Iulius
Cesar
To
the
end
that
it
may
be
evident
to
every
one
that
the
holy
Councel
proceeds
in
all
things
with
bounty
,
humility
,
and
peace
;
and
that
they
doe
not
deny
your
due
reverence
,
they
have
thought
good
to
send
their
Oratours
unto
you
with
expresse
charge
and
speciall
power
,
that
the
cities
here
mentioned
,
be
presented
to
your
Holynesse
in
the
name
of
the
Synod
,
which
are
most
of
them
Imperiall
cities
:
to
wit
,
in
Out
of
to
chuse
which
of
them
you
please
:
after
which
choice
the
Councel
will
remove
thither
,
But
if
your
Holynesse
thinke
it
not
fit
to
accept
of
any
of
these
places
,
for
the
greater
evidence
of
the
good
meaning
of
the
Synod
,
and
to
make
their
reverence
towards
the
Pope
more
plainely
appeare
,
it
is
left
to
his
power
to
nominate
as
many
Imperiall
cities
in
so
they
bee
not
within
his
temporall
dominions
nor
the
But
forasmuch
as
the
said
Oratours
,
as
soone
as
they
were
arrived
at
sent
a
faithfull
and
loyall
messenger
to
the
Court
of
to
procure
a
safe
conduct
from
the
Pope
.
Which
they
not
only
did
not
obtaine
;
but
,
which
is
worse
,
the
messenger
was
so
horribly
threatned
,
that
hee
was
constrained
to
flie
for
feare
of
prison
or
death
,
and
to
returne
againe
to
the
said
Oratours
,
(
as
appears
more
at
large
by
the
instrument
made
thereupon
)
the
holy
Synod
granteth
&
appointeth
another
terme
of
thirty
dayes
,
And
forasmuch
as
it
is
notorious
that
there
is
no
free
accesse
to
the
Pope
,
the
holy
Synod
ordaines
that
this
decree
of
prefixing
this
terme
bee
published
and
intimated
to
his
Holynesse
,
by
billes
set
up
(
if
it
may
be
done
)
in
the
neighbouring
places
and
next
adjoyning
;
whereby
probably
it
may
come
to
the
knowledge
of
the
Pope
,
or
at
least
to
the
Cities
of
Onuphrius
in
Iulio
Paris
,
Tholouse
Legend
of
Flamens
Iulius
Cesar
Paulus
Langius
in
Chron.
Citiz●nsi
.
sub
ann.
Constance
,
Basil
,
Siena
Signauter
dico
Concil.
Lateran
.
ultim
.
V
quoque
Session
.
Bernardin
Caravaial
,
William
Brizonnet
,
Renald
de
Pria
,
Frederic
de
Saint
Severin
Pisa
,
Milan
Conc.
Lat●ran
Conc.
Lateran
That
it
was
not
assembled
in
the
name
of
the
holy
Ghost
.
Conc.
Lateran
Theses
Fratri●
Heliae
Beauva●●
Minoris
Su●murensis
sub
praesidio
Emundi
Richer
.
Doct.
Theol.
Sorbon
.
anno
mensis
Mat.
Concilium
supra
summum
Pontificem
eminet
maximè
.
A
Councell
is
eminently
farre
above
the
Pope
.
Concil
Lateran
.
Se●sion
V.
Epist
AEgyptiorum
ponti●
.
ad
Felicem
Papam
.
Athens
,
Corinth
,
Crete
Theodorus
Balsam
.
in
praesat
.
ad
Synod
.
in
Trullo
Leo
Epist
Leo
Epist
Epist.
Valentinian
.
&
Martian●
L●o
●pist
●pist
.
Imp.
Valent.
&
Ma●●i●n
.
a●
Concil.
Ni●en
.
●n
pr●eam●
.
Epist.
Concil.
Const.
Session
Constance
,
That
Councels
should
bee
kept
from
ten
yeares
to
ten
yeares
,
in
such
places
as
should
be
nominated
by
the
Pope
within
a
moneth
before
the
end
of
every
Counc●l
with
the
approbation
and
consent
of
the
Councl
,
or
in
case
of
his
default
by
the
Councel
it self
.
with
the
consent
and
approbation
of
the
said
Councell
,
Concil.
Constant
,
Sess
with
the
consent
and
approbation
of
the
Councell
Extat
haec
Bulla
in
Sessione
Conc●l
.
Basil.
Eodem
approbante
Concilio
,
with
the
approbation
of
the
same
Councell
.
Concil.
B●sil
.
Session●
The
Presidents
convoked
the
Deputies
for
all
the
nations
of
the
present
Councell
of
about
chusing
the
place
for
the
future
Councell
.
They
did
nominate
and
chuse
the
City
of
unanimously
and
with
one
common
consent
.
That
the
Presidents
assented
to
the
nomination
which
was
made
by
the
Deputies
.
V
cap.
Act.
Conc.
Ephes.
Vid
c
The
Synod
decreed
,
Considering
the
Legats
of
the
See
of
have
spoken
such
things
as
are
conformable
to
what
had
beene
formerly
determin'd
,
they
would
subscribe
to
their
Acts
,
that
they
might
continue
constant
to
their
promises
.
That
God
hath
touched
the
hearts
of
the
Western
Bishops
with
a
godly
zeal●
for
although
the
length
of
the
journey
did
not
permit
all
that
multitude
of
Bishops
to
come
to
notwithstanding
being
all
met
together
in
one
place
.
the
most
holy
and
most
devout
Bishop
of
being
present
and
presiding
amongst
them
,
they
have
determined
in
point
of
faith
conformably
to
what
wee
had
defined
;
and
have
declared
those
that
are
of
a
contrary
opinion
unworthy
of
Priesthood
,
and
of
all
Ecclesiasticall
honours
and
degrees
.
And
the
most
holy
Bishop
of
great
had
signified
by
his
letters
this
opinion
of
his
,
and
of
those
that
were
with
him
,
before
ever
there
was
any
mention
of
holding
a
Councel
at
and
had
sent
to
the
most
holy
Bishop
of
and
wel-beloved
in
the
Lord
,
to
prosecute
and
performe
what
had
been
concluded
upon
at
the
Synod
of
substituting
him
in
his
place
.
And
not
content
with
that
,
he
hath
now
repeated
the
same
things
againe
by
other
letters
directed
to
this
Synod
assembled
here
at
by
your
command
,
which
he
hath
sent
by
his
Legats
,
which
doe
represent
at
this
present
his
person
in
the
Councell
.
Conc.
Ephes.
To.
Synod
Chalced.
in
allocut
.
ad
Marcian
.
Ib.
Act.
Ib.
Act.
That
hee
was
to
the
Councel
as
the
Head
to
the
members
in
the
person
of
his
Legats
.
Agatho
,
Hadrian
V.
F●agmenta
D.
Hilarii
Extat
Ludov●ci
Constitutio
in
Se●sione
Concil
Lateran
M.
Iohn
le
Maire
Iean
le
Maire
en
a●
partie
de
la
differ
.
des
Schismes
.
as
the
Popes
are
not
content
that
the
pragmatique
Sanction
be
in
force
,
although
it
bee
founded
upon
the
holy
Canons
,
and
authorized
by
the
Councell
of
But
it
derogates
from
the
insatiable
covetousnesse
of
the
Court
of
and
therefore
they
say
it
is
a
pure
heresie
.
Pope
the
second
imagined
by
all
meanes
to
perswade
and
put
it
in
King
his
head
to
abrogate
and
put
all
downe
:
under
colour
,
as
the
Pope
pretended
,
that
the
said
when
he
was
then
but
Dolphin
had
promised
the
Pope
,
that
when
hee
came
to
the
crowne
he
would
abolish
the
said
Pragmatique
.
And
to
bring
this
about
,
Vid.
etiam
Gaguin
.
lib.
hist
F●anc
presently
after
the
Kings
coronation
Pope
sent
the
Cardinall
Monke
for
his
Legat
into
The
Legat
being
arrived
in
put
the
King
in
minde
of
fulfilling
his
promise
:
and
the
King
being
willing
to
condescend
to
the
Popes
desire
,
at
least
making
a
show
of
so
doing
,
dispatched
his
letters
patents
in
ample
manner
,
directing
them
to
the
Parliament
of
and
sent
Cardinall
thither
to
have
the
Decree
of
the
Lords
of
the
Parliament
thereupon
.
But
when
the
●ase
was
discussed
,
the
auditory
of
the
Court
being
present
,
the
Kings
Atturney
,
called
a
sharpe
man
,
of
great
eloquence
and
courage
,
straight
opposed
himselfe
against
it
;
boldly
affirming
and
maintaining
that
a
law
so
holy
,
so
redoubtable
,
and
of
so
great
benefit
to
the
kingdome
,
ought
not
to
be
repealed
.
In
like
manner
the
Vniversity
of
joyned
with
the
Kings
Atturney
,
and
appealed
from
all
the
Popes
attempts
to
a
future
Councell
.
At
which
things
Cardinall
a
wary
,
malicious
,
and
stout
man
,
was
much
offended
and
used
big
words
:
but
all
this
notwithstanding
hee
returned
to
the
King
againe
without
doing
any
thing
.
ad
Ludovicu●
Malum
consilium
consultori
p●ss●mum
You
were
reserved
till
these
times
to
restore
her
liberty
to
the
Church
of
by
abolishing
errours
You
doe
what
is
meet
,
knowing
that
the
Pragmatique
is
godlesse
,
you
have
resolved
to
abolish
it
out
of
your
Kingdome
.
AEnea●
Sylviu●
l.
de
gesti●
Conc.
Basil.
as
undertaken
by
the
speciall
favour
of
the
Holy
Ghost
,
Idem
lib.
It
is
not
for
a
King
of
to
revenge
an
injury
done
to
a
Duke
of
Quod
AEneas
laudavit
Pius
damnavit
Thou
art
Feed
my
sheep
.
Ergo
AEnaeas
Sylvius
Rome
:
That
the
Primier
See
,
that
is
,
the
Pope
,
cannot
bee
judged
by
any
man
:
Doryleum
:
To
the
most
holy
and
most
blessed
Archbishop
and
to
the
holy
Councel
Conc.
Chalced.
Action
Conc.
Chalced.
Action
Lant●r
●la●as●
C
de
sum
.
trinitate
Item
●pist
.
●d●●am
ad
Taras●um
in
Acti
.
Synod
.
Nic●n.
Epistolas
diverso●um
Ponti●
.
Roman
.
apud
Willelm
.
Malmesbur
.
lib.
de
Pontisic
.
Anglorum
be
they
never
so
hainous
To
absolve
from
all
crimes
,
sinnes
,
and
excesses
be
they
never
so
heinous
Extat
Charunti
excusi
anno
Epist.
Leo
diens
.
To.
Concil.
edit
.
Colon
pag.
the
Marchionesse
that
as
shee
would
have
her
sinnes
remitted
,
she
should
make
warre
against
and
destroy
the
Emperour
the
fourth
.
But
wee
doe
not
conceive
by
what
authority
either
he
or
others
could
doe
it
justly
.
Paschal
,
O
holy
mother
Church
of
hitherto
thou
observest
the
fashion
and
custome
of
binding
and
loosing
discreetly
;
and
commandest
us
so
to
observe
it
.
Whence
is
then
this
new
authority
,
whereby
impunity
of
sinnes
alreadie
committed
,
and
liberty
of
committing
for
the
time
to
come
,
is
offered
to
delinquents
without
confession
and
penance
?
What
a
gappe
hast
thou
hereby
set
open
to
the
wickednesse
of
men
?
O
mother
,
God
deliver
thee
from
all
evill
.
Matth.
Paris
.
in
hist.
Anglor
.
in
Henr.
About
the
same
time
there
came
into
a
certaine
Fryar
,
of
the
Order
of
the
Minorites
,
called
sent
by
the
Pope
,
at
the
instance
of
the
King
,
who
trode
in
the
steps
of
Mr.
being
instructed
with
a
great
power
,
insomuch
,
that
,
changing
their
vowes
,
he
absolved
all
the
Royalists
(
as
they
called
them
)
at
his
pleasure
,
or
justified
excommunicate
,
falsifiers
,
and
perjur'd
persons
.
Whereupon
divers
delinquents
tooke
occasion
to
offend
;
for
the
facility
of
pardon
gives
occasion
to
sinne
:
but
wise
men
made
a
mocke
of
it
.
Philip
Hotot
Giving
and
granting
furthermore
to
the
said
faithfull
Christians
,
which
shall
enter
into
the
said
Fraternity
of
the
blessed
Sacrament
of
the
body
of
IESVS
CHRIST
,
upon
the
day
of
their
entrance
,
full
pardon
of
all
their
sinnes
,
they
being
first
confessed
,
and
the
said
sacrament
of
the
altar
devoutly
received
.
Besides
,
three
times
in
their
life
a
like
plenary
pardon
in
manner
and
forme
of
a
Iubily
.
Furthermore
,
unto
the
said
brethren
such
as
shall
accompany
the
said
blessed
Sacrament
when
it
is
administred
to
sick
folks
,
or
to
such
as
by
reason
of
their
impediments
cannot
doe
it
,
and
shall
cause
it
to
bee
so
accompanied
as
is
above
expressed
,
and
shall
assist
at
Processions
and
divine
service
,
such
as
shall
bee
done
and
solemnized
by
the
said
brethren
,
as
above
said
,
an
hundred
years
of
true
pardon
for
every
time
they
shall
so
assist
.
And
those
that
shall
visite
the
said
Church
every
Friday
in
the
year
,
ten
years
of
true
pardon
,
and
as
many
quarentains
,
saying
a
and
an
every
Friday
As
also
power
to
use
and
enjoy
all
and
every
the
priviledges
,
indults
,
exemptions
,
liberties
,
immunities
,
plenary
pardon
of
sinnes
,
and
other
spirituall
graces
given
and
granted
to
the
brother-hood
of
the
image
of
St.
of
the
charity
and
great
hospitall
of
St.
of
St.
Of
the
nation
,
of
our
hospitall
of
the
Holy
Ghost
in
Of
the
Order
of
St.
and
St.
Of
the
fraternities
of
the
said
citie
,
Of
the
Churches
of
our
Lady
together
with
all
the
gifts
,
graces
,
pardons
and
indulgences
granted
by
our
predecessours
to
those
which
visit
the
said
Churches
,
or
to
be
granted
by
our
successours
,
to
have
and
enjoy
for
ever
.
Sixtus
,
Gregory
,
Innocent
,
Celestine
,
Clement
The
Statutes
and
Ordinances
of
the
worshipfull
Fraternity
of
the
most
blessed
body
of
our
newly
founded
and
erected
in
the
Church
of
together
with
a
summary
of
the
pardons
and
indulgences
given
and
granted
by
our
holy
Fathers
the
Popes
,
and
by
our
holy
Father
Pope
the
third
of
that
name
,
confirmed
to
the
said
Fraternity
,
and
all
others
of
like
denomination
,
as
well
at
as
out
of
erected
or
to
bee
erected
.
Which
Statutes
and
Ordinances
,
by
virtue
of
the
taking
out
of
those
Buls
made
thereupon
,
by
authoritie
of
Pope
the
third
of
that
name
now
reigning
,
given
at
the
sixt
day
of
May
,
in
the
year
one
thousand
five
hundred
and
fiftie
,
shall
bee
observed
and
kept
in
manner
and
forme
f●llowing
.
The
pardons
,
Indulgences
,
Iubily
,
and
plenary
remissions
granted
to
such
as
visit
the
altar
,
where
the
blessed
Sacrament
and
precious
body
of
is
placed
in
the
said
Church
of
St.
upon
the
daies
,
in
the
yeare
,
and
according
to
the
manner
and
forme
hereafter
declared
and
expressed
;
to
the
end
that
every
Christian
desirous
of
his
salvation
,
may
purchase
and
come
by
them
.
And
first
the
declaration
of
the
Indulgences
given
and
granted
to
the
brethren
of
the
said
Fraternitie
found
in
the
Church
of
St.
verified
,
approved
,
and
confirmed
for
ever
,
but
made
valid
by
our
holy
father
,
Pope
the
third
of
that
name
now
reigning
.
The
Indulgences
granted
to
the
Hospitall
of
St.
The
Indulgences
granted
to
the
Church
of
St.
and
to
the
company
and
society
of
the
said
nation
,
and
of
St.
The
Indulgences
granted
to
the
societie
of
the
holy
Camp
of
The
Indulgences
granted
to
the
brethren
and
sisters
of
St.
The
Indulgences
granted
to
the
companie
of
the
Charitie
of
The
Indulgences
of
the
great
Hospitall
of
the
Holy
Ghost
in
of
the
Order
of
St.
The
Indulgences
of
our
Lady
Plen●ry
pardo●s
g●●nted
by
Sever●ll
Pope●
pardons
Pardons
gr●n●●d
by
Pope
●he
third
Iesus
Christ
Ave
Mary
Ave
Maria
St.
Hilary
Pardons
after
Easter
Iesus
Christ
Medard
Thiersault
Christopher
de
Herovard
Genese
Bulter
Christopher
de
Herovard
P.
le
Seneux
Guil.
Durant
.
de
Concil.
part
.
who
amongst
other
points
by
him
proposed
It
were
fit
to
provide
a
competent
remedy
for
this
,
and
besides
to
cause
the
fees
of
the
curriers
and
Nuncio's
of
the
Court
of
to
cease
Panormit
.
in
Consil.
super
Conc.
Ba●il
.
Conc.
Constant.
Sess.
Iohn
Gerson
Ioannes
Gerson
in
part
.
oper.
Tract
.
de
Indulg
.
Arbitrio Papa proprio si clavibus uti ●ersus Ge●s●nis super materia indulgenti●● . Possit , cur sinit ut poena pios cruciet ? Cur non evacuat loca purgandis animabus Tradita ?
If so the Pope may use the keyes a●'s pleasure , Why does he let good men such paines endure ? Why does he not ( too cruell and unkinde ! ) Emptie the place for purging soules design'd ?
L●ncelotus
Conradus
in
templo
omnium
judic
.
lib.
Augustinus
Triu●phus
de
p●t●st
.
Eccles.
qu.
arti
.
Augu●tin
.
de
Anc●na
.
the
Pope
is
Lord
of
the
world
,
that
he
officiats
in
the
nature
of
Christs
Vicar
,
both
in
things
celestiall
,
terrestriall
,
and
infernall
.
Angustin
de
Ancona
,
Pope
St.
from
the
paines
of
hell
,
which
are
infinite
,
by
his
prayers●
therefore
much
more
may
hee
deliver
all
those
that
are
in
Purgatory
from
their
paines
,
which
are
but
finite
,
by
meanes
of
Indulgences
.
Alexander
Trajan
being
raised
up
againe
by
St.
prayers
,
did
penance
and
was
baptized
.
Co●cil
Trid.
Sess.
Decret.
de
Indulg
Concil.
Trident.
Sess.
that
the
administratours
of
them
shall
give
account
of
their
administration
every
yeare
unto
the
Ordinary
.
And
all
leagues
,
associations
,
and
fraternities
,
made
or
to
be
made
,
under
any
pretence
whatsoever
,
to
the
prejudice
of
this
our
Edict
,
shall
bee
utterly
void
and
of
no
effect
.
Wee
expresly
forbid
all
our
said
subjects
,
of
what
qualitie
soever
they
be
,
to
begin
,
make
,
or
prosecute
any
league
,
association
or
fraternitie
amongst
themselves
,
to
the
prejudice
of
our
said
Edict
of
pacification
.
All
the
foresaid
and
other
Subjects
whatsoever
of
this
Realme
,
of
what
condition
soever
,
shall
depart
from
and
renounce
all
leagues
,
associ●tions●
fraternities
and
intelligences
,
as
well
within
the
Realme
as
without
.
Guil
Durant
.
Epis●
.
Mi●at●ns
.
de
modo
celebr
.
Concilii
.
part
.
It
would
bee
also
usefull
that
fraternities
,
wherein
both
Clergy
and
Lay
doe
nothing
but
sowle
themselves
with
delicates
,
live
in
dissolutenesse
and
drunkennesse
,
and
busie
themselves
in
divers
plots
against
their
superio●rs
,
were
abolished
.
Recommendati
to
the
blessed
Virgin
France
,
The
Order
or
Fraternity
of
the
Chaplet
,
the
Order
of
Penitents
,
the
Order
of
Battu's
Michael
Iulian
That
the
said
Brothers
,
in
stead
of
those
which
wee
call
Canonicall
houres
,
shall
not
faile
to
say
the
Lords
prayer
five
and
twenty
times
,
and
the
Angels
salutation
as
many
times
,
Adding
at
the
close
which
is
said
after
every
Psalm
in
the
Church
.
And
also
they
shall
say
the
said
Orisons
and
Salutations
,
seven
times
;
with
the
versicle
and
the
responce
Pater
nosters
,
Ave
Maria's
We
release
them
twenty
yeares
,
the
sundayes
and
festivals
and
other
holidayes
ten
yeares
,
of
the
penance
which
shall
or
ought
to
bee
enjoyned
them
upon
the
day
that
they
shall
be
acquitted
from
the
said
Crowne
.
Besides
,
wee
grant
unto
the
said
Brothers
plenary
indulgence
and
pardon
of
their
sins
,
such
as
being
contrite
and
confessed
shall
say
over
the
said
Crowne
or
Chaplet
upon
the
dayes
of
Christmas
,
Easter
,
&
Whit
sunday
;
as
also
upon
those
other
daies
which
the
Catholique
Church
doth
celebrate
in
honour
of
our
Lord
Iesus
Christ
,
and
of
our
Lady
.
Michel
Iulian
Naucler
.
volum.
de
proprio
Albertus
Argentinensis
Albertu●
.
Argentin
in
Chronic.
sub
anno
Chronicum
Chronic.
sub
ann.
The
Sect
of
the
had
their
originall
in
and
from
thence
it
was
spread
into
They
whip'd
themselves
out
of
ostentation
with
knotted
whips
,
whereto
were
fastned
certaine
pricks
:
from
this
Sect
many
grievous
errours
arose
in
diverse
places
,
about
the
faith
and
sacraments
of
the
Church
.
At
last
it
was
utterly
rooted
out
,
partly
by
fire
and
partly
by
sword
.
Albertus
Crantzius
Albert
Krantz
.
Wandalic
lib.
Nauclerus
;
About
this
time
the
Sect
of
the
did
strangely
increase
in
many
Provinces
.
It
is
uncertaine
who
was
the
first
author
of
it
,
unlesse
it
was
he
that
sowes
tares
while
other
men
sleep
,
as
the
Gospel
speaketh
.
Hereupon
they
were
called
that
is
,
headlesse
.
Clownish
fellows
,
that
tore
their
bodies
with
the
lashes
of
their
whips
through
the
fields
in
They
wore
crosses
upon
their
garments
:
They
marched
in
troups
through
the
countrey
,
in
an
orderly
Procession
:
having
their
head
and
face
covered
all
but
the
eies
;
and
their
countenance
cast
downe
upon
the
ground
:
they
alwaies
looked
sad
and
discontent
.
Their
whips
were
made
of
three
cords
;
everie
one
of
which
had
a
knot
,
and
every
knot
his
piece
of
iron
sticking
out
in
fashion
of
a
crosse
.
They
had
their
backs
and
shoulders
all
putrified
with
great
blowes
and
wounds
.
As
soone
as
they
were
entered
into
a
Church●
they
put
off
their
clothes
,
and
appareld
themselves
in
linnen
breches
,
which
went
from
the
navill
downwards
,
Mr.
Iohn
Gerson
I●ann●s
●ers●n
in
part
.
ope●●m
Lorraine
,
Germany
,
France
Beleeve
mee
,
great
and
ancient
Doctour
,
divers
men
speak
diversly
of
your
sermons
,
especially
of
this
Sect
of
those
that
whip
themselves
;
which
,
as
it
is
evident
,
hath
beene
condemned
heretofore
many
times
,
and
in
many
places
.
Which
you
doe
not
approve
indeed
,
as
those
that
know
you
doe
affirme
;
but
withall
you
doe
not
sufficiently
disprove
it
,
Peter
de
Alliaco
Cambray
:
Reverend
Sir
,
and
most
dear
father
,
I
have
beene
perswaded
to
exhort
you
in
a
charitable
way
concerning
the
premises
,
together
with
my
beloved
brother
and
companion
the
Chancelour
of
Hee
that
is
●in
.
dist.
in
p●
In●●cent
.
in
cap.
proposuit
.
extra
.
de
Con●●ss
P●●b
.
Baldus
.
That
he
can
dispense
with
the
law
,
above
the
law
,
by
reason
of
his
plenitude
of
power
.
the
Pope
may
dispense
above
the
law
,
beside
the
law
,
and
against
the
law
:
that
hee
hath
soveraigne
power
in
all
and
above
all
.
Gratian.
in
caus.
Can.
●deo
Gloss.
in
Canon
.
Lec●or
.
dist.
&
in
cap.
Proposuit
.
de
Concess
.
Praebend
.
in
Can
●
nobis
in
verb.
exemplis
de
de●imis
.
Gloss
in
cap.
proposuit
The
Pope
may
dispense
against
the
Apostle
;
against
the
old
Testament
;
against
the
foure
Evangelists
;
against
the
law
of
God
.
That
the
Pope
cannot
dispense
against
the
generall
state
of
the
Church
.
Many
things
are
forbid
by
humane
constitutions
,
and
many
things
also
are
commanded
,
which
are
neither
commanded
nor
prohibited
by
the
lawes
of
God
:
V.
Centum
gravamina
cap.
such
are
divers
impediments
of
marriage
by
reason
of
affinitie
,
common
honesty
,
spirituall
and
legall
kindred●
and
consanguinitie
in
many
divers
degrees
.
Besides
,
the
use
of
some
meats
is
forbidden
,
which
yet
God
created
for
the
necessitie
of
men
.
These
and
many
other
such
like
humane
constitutions
bind
men
,
so
long
till
they
can
by
their
money
purchase
a
dispensation
from
such
lawes
,
of
those
that
made
them
.
So
money
makes
that
lawfull
to
the
rich
,
which
the
poore
cannot
compass●
And
by
such
unlawfull
bands
of
humane
constitutions
,
there
is
not
onely
a●
huge
masse
of
money
drain'd
out
of
and
transported
beyond
the
but
a
great
deal
of
iniquitie
is
raised
amongst
Christians
themselves
,
many
offences
and
quarrels
,
when
the
poore
perceive
themselves
caught
in
these
nets
,
fo●
no
other
reason
but
because
they
want
the
thornes
of
the
Gospel
;
for
so
are
riche●●alled●
there
.
Vid
Fasciculum
rerum
expetend
.
p.
As
for
the
observance
of
Bulls
,
compacts
,
priviledges
,
and
letters
granted
by
their
Predecessours
without
any
limitations
,
the
later
Popes
thinke
they
are
not
bound
to
them
:
but
on
the
contrarie
they
transgresse
them
by
frequent
dispensations
,
suspensions
,
and
repeals
upon
any
mans
entreaty
,
yea
even
o●
some
base
fellow
.
Bonifac.
in
ep.
ad
Zachar.
Pap.
Tom.
Conc.
de
quo
fit
mentio
in
Synodo
.
Francica●
What
?
(
you
will
say
unto
me
)
doe
you
forbid
me
to
dispense
?
Bernard
l.
de
considerat
.
ad
Eugen.
Pap.
but
onely
to
d●ssipate
.
I
am
not
so
ignorant
,
but
I
know
you
are
placed
there
to
bee
a
dispenser
,
but
to
edification
,
not
to
destruction
.
Mathaeus
Paris
.
in
hist.
Anglor
.
in
Henrico
is
further
aggrieved
by
the
frequent
comming
of
that
infamous
Nuncio
,
whereby
the
religion
of
oathes
,
the
ancient
customes
,
the
validity
of
writings
,
the
authority
of
grants
,
the
Statutes
,
lawes
,
&
priviledges
are
weakened
and
disanull'd
.
Insomuch
that
infinite
numbers
of
are
grieved
and
afflicted
thereby
.
The
Pope
doth
not
carry
himselfe
so
legally
and
moderately
towards
the
Realme
of
in
revoking
the
plenitude
of
his
power
,
as
hee
promised
by
word
of
mouth
to
the
Proctours
at
Guil.
Durand
.
in
tract
.
de
modo
celebrandi
Conc●
tit
.
pri.
part
That
the
very
nerves
of
the
Canons
and
Decrees
are
broken
by
the
dispensations
which
are
made
according
to
the
style
of
the
Court
of
that
they
are
against
the
common
good
.
Since
avarice
is
encreased
in
Churches
as
well
as
in
the
Empire
,
the
law
is
departed
from
the
Priests
,
and
seeing
from
the
Prophets
.
We
reade
also
in
the
Decree
was
turned
into
gold
,
and
that
he
dranke
gold
.
is
a
provident
relaxation
of
the
generall
law
countervailed
by
commodity
or
necessity
:
that
if
it
be
otherwise
used
it
is
not
a
dispensation
but
a
dissipation
:
that
the
question
is
now
about
the
staining
of
the
state
of
the
Church
:
that
those
who
dispense
upon
unnecessary
causes
,
erre
.
That
there
are
some
things
which
cannot
be
altered
upon
any
occasion
:
others
which
may
bee
tempered
in
regard
of
the
necessity
of
the
times
,
or
consideration
of
mens
age
:
but
alwayes
with
this
resolution
,
when
there
is
any
doubt
or
obscurity
,
to
follow
that
which
is
not
contrary
to
the
Gospell
,
nor
repugnant
to
the
Decrees
of
holy
Fathers
.
Can
Sicut
.
dist.
Conc
Constant.
Sess.
Of
Dispensations
Iohn
Gerson
Ioannes
Gerson
in
tract
.
de
Eccles.
potest
.
Consid.
What
think
you
?
what
shall
we
say
for
the
present
of
that
so
easie
dispensation
as
they
speake
of
,
granted
by
the
Pope
and
the
Prelates
over
lawfull
oathes
,
reasonable
vowes
,
for
the
excessive
plurality
of
benefices
,
the
generall
non-obstance
of
Councels
,
the
priviledges
and
exemptions
against
common
right
?
Who
can
number
all
the
wayes
whereby
the
force
of
Ecclesiasticall
yea
of
Evangeliall
,
discipline
is
enfeebled
,
consumed
,
and
quite
annihilated
?
By
my
advice
the
holy
Councell
should
provide
for
all
these
things
.
Concil.
Trid.
Sess.
in
aliis
Sess.
In
aliis
Sess.
de
reform
.
in
aliis
Sess.
V.
Ivonem
in
Epist.
Et
Sess.
Stanislaus
Hosius
et
Sess.
In
aliis
Sess.
That
such
dispensations
as
shall
bee
granted
by
what
authority
soever
,
if
they
must
bee
referred
from
the
Court
of
let
them
be
referred
to
the
Ordinaries
of
them
that
obtained
them
:
and
that
such
as
have
bin
freely
granted
do
not
take
effect
,
unlesse
the
Bishops
,
as
delegats
for
the
See
Apostolique
,
have
the
cognizance
of
them
,
and
that
it
appear
unto
them
presently
,
and
that
the
prayers
and
entreaties
therein
expressed
are
not
lyable
to
the
fault
of
subreption
or
obreption
.
In
partibus
de
la
part
des
libertez
de
l'Eglise
Gallicane
.
the
Pope
cannot
dispense
,
for
any
cause
whatsoever
,
with
that
which
is
of
the
law
of
God
or
nature
;
or
with
that
wherein
the
holy
Councels
doe
not
allow
him
to
dispense
.
de
l'ordon●
des
Estats
d'Orleans
To
dispensations
granted
contrary
to
the
Sacred
Decrees
and
Councels
,
upon
paine
of
losing
their
places
:
That
such
as
procure
the
said
proviso's
and
dispensations
shall
not
make
use
of
them
,
unlesse
they
get
leave
and
permission
from
his
Majesty
.
Vnlesse
it
be
otherwise
declared
by
the
See
Apostolique
.
Saving
the
Popes
authoritie
in
what
concernes
manners
and
Ecclesiasticall
discipline
.
Gloss.
in
Can.
&
temporis
in
verbo
,
Vnire
.
Caus.
Et
cap.
Vnire
.
extra
de
excess
.
Pr●lat
.
In
partibus
The
Pope
cannot
make
any
unions
or
annexions
,
of
the
livings
of
this
Kingdome
,
during
the
life
of
the
Incumbents
,
nor
at
other
times
:
but
he
may
grant
out
writs
of
delegation
concerning
unions
;
which
is
conceived
to
bee
done
according
to
the
forme
prescribed
in
the
Councell
of
and
not
otherwise
:
and
this
with
the
consent
of
the
Patron
,
and
such
as
have
any
interest
in
them
.
ex
veris
&
rationalibus
causis
Renatus
Choppin●●
de
sacr●
Politia
.
lib.
Papon
.
l.
German
Lauxerrois
Idem
Choppinus
ibid.
In
partibus
Choppinus
ibid.
In
partibus
Rebuffus
in
praxi
benefic
.
de
union
benef
.
num.
Papon
lib.
Concil.
Trid.
Sess.
Vnlesse
it
be
otherwise
declared
by
the
See
Apostolique
.
Concil.
Trid.
Sess.
Concil
Trent
.
Sess.
&
Sess.
Concil.
Trid.
Sess.
Novell
.
Iust●nian.
De
Sanctiss
.
Episcop.
c.
Wee
forbid
Bishops
to
leave
their
owne
Churches
and
goe
into
other
Provinces
.
But
if
so
bee
there
bee
any
necessitie
of
so
doing
,
they
shall
not
goe
without
the
Patriarch
or
Metropolitans
letters
,
or
without
the
command
of
the
Emperour
.
Voyez
le
rec●eil
du
Fantanon
les
grandes
Ordonnance●
Tom
When
any
questions
or
differences
come
upon
us
,
as
well
concerning
the
state
of
the
Church
of
our
Kingdome
,
as
other
our
affaires
,
we
that
ought
to
have
recourse
to
them
,
cannot
be
assisted
,
aided
,
or
advised
therein
by
reason
of
their
absence
,
where
wee
and
the
Common
wealth
are
ofttimes
much
interessed
.
Wee
will
,
ordaine
,
and
declare
by
these
presents
,
that
all
Archbishops
,
Bishops
,
Abbats
,
Prelats
,
and
others
,
that
hold
any
dignities
within
our
Kingdome
,
P●inces
to
d●termine
of
residence
.
and
do
dwell
and
reside
out
of
the
bounds
and
limits
thereof
,
and
out
of
our
obedience
,
doe
repaire
and
returne
within
five
moneths
after
the
publication
of
these
presents
,
unto
their
benefices
within
our
said
realme
,
or
unto
some
one
of
them
if
they
have
any
more
;
and
there
make
continuall
residence
,
there
to
celebrate
and
continue
divine
service
,
as
belongs
unto
them
,
and
as
they
are
bound
to
doe
.
As
also
to
the
end
that
they
may
serve
and
assist
us
in
our
Councels
and
otherwise
,
to
the
behoofe
of
us
and
the
Common
wealth
of
our
said
Kingdome
when
need
shall
be
.
And
this
upon
paine
of
being
deprived
of
the
temporals
of
their
said
benefices
.
Ibid
cap.
tit
.
eod
Wee
command
,
charge
,
and
enjoyne
you
by
these
presents
,
that
in
our
name
you
enjoyne
all
Archbishops
Bishops
,
Prelats
,
Curats
,
and
others
that
have
cure
of
soules
within
our
jurisdiction
,
to
retire
every
one
to
his
Archbishoprique
,
Bishoprique
,
Cures
,
and
other
livings
,
and
to
make
personall
residence
upon
them
,
and
to
preach
and
declare
,
or
cause
to
be
preached
and
declared
the
word
of
God
,
&c.
And
where
they
shall
refuse
so
to
doe
,
that
you
cause
the
fruits
,
profits
,
and
emoluments
of
the
said
Benefices
to
be
distrained
and
seised
into
our
hands
.
Ibid.
tit
.
eod.
cap.
Saving
and
excepting
the
Archbishops
and
Bishops
that
are
of
our
Privy
Counsell
,
and
others
imployed
in
our
service
out
of
the
Realme
for
the
weale
publique
thereof
,
during
the
time
that
wee
shall
make
use
of
them
:
whereof
our
Bailifs
and
Stewards
or
their
Lieutenants
of
that
jurisdiction
where
the
said
Archbishopriques
and
Bishopriques
doe
lye
,
shall
give
us
notice
presently
after
.
Ordonnan
.
d'Or●leans
de
l'an
That
residing
upon
one
of
their
benefices
,
and
doing
actuall
service
there
,
whereof
they
shall
make
good
proofe
,
they
shall
be
excused
from
residing
upon
their
other
livings
.
Ordonnance
de
Blois
de
l'an
That
all
Archbishops
and
Bishops
shall
be
bound
to
reside
upon
their
Churches
and
Diocesses
,
and
according
to
their
ability
to
discharge
their
duties
in
person
.
From
which
residence
they
shall
not
be
excused
but
upon
just
and
reasonable
causes
,
approved
by
law
,
and
such
as
shall
be
certified
by
the
Metropolitan
or
senior
Bishop
of
the
province
.
Otherwise
if
this
be
not
done
,
besides
the
penalties
ordained
by
Councels
,
they
shall
be
deprived
of
all
the
fruits
issuing
in
the
time
of
their
absence
.
Which
shall
be
seised
and
taken
into
our
hands
,
to
be
imployed
in
the
reparation
of
ruinous
Churches
,
almes
to
the
poore
of
the
places
,
and
other
charitable
uses
.
Concil.
Trid.
Sess.
If
it
chance
that
there
bee
any
things
(
which
it
thinkes
there
are
not
)
that
require
further
declaration
or
determination
,
besides
other
remedies
appointed
in
this
Councel
,
the
holy
Synod
trusts
that
the
most
blessed
Bishop
of
either
by
calling
forth
those
whom
he
shall
think
most
fit
to
treat
about
such
a
businesse
,
out
of
those
Provinces
especially
where
such
difficultie
shall
arise
,
or
by
the
celebration
of
a
Generall
Councell
,
if
he
thinke
it
needfull
,
or
by
any
other
more
commodious
way
as
he
shall
think
good
,
will
take
care
that
the
necessities
of
the
Provinces
be
provided
for
,
for
Gods
glory
and
the
Churches
peace
,
Pisa
,
Constance
,
Siena
,
Basil
,
Lausanne
,
Conc.
Constant.
Sess.
Concil.
Basil.
Sess.
This
holy
Synod
doth
further
declare
that
these
words
of
the
Decree
(
That
it
cannot
be
prolonged
in
any
wise
)
ought
to
bee
understood
by
way
of
forbiddance
or
prohibition
,
in
such
sort
as
it
cannot
bee
prolonged
even
by
the
Pope
himselfe
.
Conc.
Basil.
●ess.
Conc.
Pisan.
in
princip
Conc.
Constant.
Sess.
Idem
in
aliis
supra
relatis
that
it
is
the
principall
tillage
of
the
Lords
field
:
that
it
extirpates
heresies
,
schismes
,
errours
:
corrects
excesses
:
reformes
what
is
amisse
:
makes
the
vineyard
of
the
Lord
fertile
.
Iohn
Gerson
Iohan.
Gerson
de
eccles.
potest
.
Considerat
.
Idem
in
serm.
pro
viagro
Regis
Romanorum
in
fine
.
that
they
will
not
celebrate
Generall
Councels
.
Aventin
.
lib.
Annal.
Boiorum
He
that
is
the
servant
of
servants
desires
to
be
the
Lord
of
Lords
,
as
if
he
were
a
God
:
hee
sleights
sacred
assemblies
,
and
the
advice
of
his
brethren
,
yea
of
his
masters
:
he
is
afraid
lest
he
should
be
constrain'd
to
give
account
of
those
things
which
he
commits
dayly
more
and
more
against
the
lawes
.
Franciscus
Zabarella
in
tract
.
de
Schismate
.
Iacobus
de
Paradiso
Iacob
.
de
Paradis
.
Carthusan
lib
de
septem
statib
.
Ecclesia
.
Portugal
;
Wee
easily
endure
to
bee
outdone
by
all
other
Orders
,
in
fastings
,
watchings
,
and
other
hardnesses
,
which
they
use
in
a
holy
manner
,
according
to
their
institution
:
but
in
puritie
and
perfection
of
obedience
,
I
earnestly
desire
that
you
would
surpasse
all
the
rest
;
with
a
true
resignation
of
your
owne
will
,
and
a
denyall
of
your
owne
judgement
.
As
many
as
shall
make
profession
in
this
Societie●
de
vita
Ignatii
Loiolae
novite●
excusa
Lu●
duni
apud
Iacobum
Roussin
.
Ann.
let
them
not
only
know
before
they
make
it
,
but
remember
as
long
as
they
live
,
that
all
this
Societie
in
generall
,
and
more
particularly
those
that
are
professed
in
it
,
serve
God
under
a
faithfull
obedience
to
the
most
holy
Father
Pope
the
third
,
and
other
Popes
of
his
successours
.
And
although
we
bee
taught
by
the
Gospel
,
and
doe
know
by
the
Orthodox
faith
,
and
firmely
hold
that
all
the
faithfull
people
of
Christ
are
subject
to
the
Pope
of
as
to
the
head
and
Vicar
of
yet
notwithstanding
for
the
greater
devotion
to
the
obedience
of
the
See
Apostolique
,
and
the
greater
denyall
of
our
owne
wils
,
and
the
more
certaine
direction
of
the
Holy
Ghost
;
wee
have
judged
that
it
would
bee
very
commodious
that
every
one
of
us
,
and
all
those
that
shall
hereafter
follow
the
same
profession
,
besides
the
common
tye
of
the
three
ordinary
vowes
,
bee
bound
hereunto
by
a
more
speciall
vow
;
to
wit
,
that
whatsoever
the
present
Pope
,
and
all
others
hereafter
for
the
time
being
shall
command
,
for
the
good
of
soules
,
and
the
propagation
of
the
faith
,
into
what
countrey
soever
they
shall
please
to
send
us
,
that
we
be
bound
to
performe
their
pleasure
immediatelie
,
without
any
tergiversation
or
excuse
,
for
as
much
as
lyes
in
our
power
:
whether
they
bee
aminded
to
send
us
amongst
the
or
other
infidels
whatsoever
,
yea
though
it
bee
even
unto
those
that
are
called
or
among
heretiques
and
schismatiques
whosoever
they
bee
,
or
among
Christians
.
Ibid
pag
And
to
the
end
that
no
ambition
nor
refusall
may
take
place
amongst
us
by
occasion
of
these
deputations
,
and
elections
of
Provinces
,
let
every
one
know
that
hee
need
not
trouble
either
himselfe
or
others
about
it
,
nor
take
thought
for
it
inasmuch
as
all
the
●are
thereof
must
bee
left
to
God
and
the
P●pe
,
as
his
Vicar
,
and
to
the
Generall
of
the
Societie
.
Bellarm.
in
Controv.
de
summo
Pontif.
l.
That
the
Pope
cannot
erre
in
matters
of
faith
;
nor
in
precepts
of
manners
which
are
commanded
to
the
whole
Church
,
and
which
consist
in
things
necessary
to
salvation
,
or
such
as
are
of
themselves
good
or
bad
.
that
it
is
probable
and
may
be
piously
beleeved
,
that
the
Pope
cannot
erre
a●
Pope
;
yea
and
that
as
a
particular
person
he
cannot
be
a
heretique
,
by
beleeveing
with
obstinacie
any
errour
against
the
faith
.
Ibid
cap.
Iesuitae
in
censura
Coloniensi
.
fol.
If
any
man
examine
the
doctrine
of
the
Pope
by
the
rule
of
Gods
Word
,
and
seeing
that
it
is
different
,
chance
to
contradict
it
,
let
him
bee
rooted
out
with
fire
and
sword
.
Bellarm.
ubi
supra
.
c.
de
vita
Ignatii
.
c.
Emanuel
Sa
Emanuel
Sa
in
verbo
Cle●ic●●
The
rebellion
of
a
Clergyman
against
the
King
is
no
treason
,
because
he
is
no
subject
.
Idem
in
verb●
privilegium
Iohn
Chastel
Hee
said
at
the
same
examination
that
it
is
permitted
to
kill
Kings
,
and
that
King
the
fourth
now
reigning
,
is
not
in
the
Church
till
such
time
as
hee
hath
got
the
Popes
approbation
.
William
Parry
Peter
Panne
had
beene
rooted
out
by
fire
and
sword
fortie
yeares
agoe
,
or
if
others
had
beene
so
dealt
with
,
peace
might
by
this
meanes
be
restored
to
the
Church
.
Sebastian
Nivelle
Le
Pedagogue
d'
Armes
That
warres
have
beene
alwayes
accounted
not
onely
profitable
,
but
necessary
.
That
the
Pope
is
bound
to
take
armes
against
heretiques
.
That
to
a
Monarchie
undertaking
such
a
warre
,
a
man
cannot
urge
any
of
his
former
Edicts
or
Ordinances
.
That
no
man
how
potent
soever
he
be
,
can
contract
with
an
infidell
,
or
one
that
hath
revolted
from
his
conscience
.
For
what
King
is
there
,
how
redoubted
soever
he
be
,
that
can
(
without
villainously
falsifying
and
breaking
his
oath
made
to
God
)
permit
and
give
leave
to
the
enemies
of
all
truth
,
and
condemn'd
by
the
generall
sentence
of
all
the
world
,
to
so●
heresies
in
his
countries
,
and
allure
soules
?
That
what
conditions
of
peace
so
ever
he
can
grant
unto
his
rebels
in
this
case
,
will
not
endure
long
:
But
it
will
behove
him
not
to
awake
such
strong
and
potent
enemies
;
that
to
make
a
peace
with
them
at
last
,
hee
must
resolve
to
make
a
good
warre
.
As
oft
as
by
the
Articles
of
peace
,
licence
is
granted
to
every
man
to
adhere
to
which
of
the
two
opposite
parties
he
please
,
without
being
offended
at
it
,
it
is
all
one
in
my
opinion
,
as
if
one
should
cast
a
man
into
the
fire
and
forbid
him
to
burne
himselfe
.
For
lest
any
might
use
zeale
,
but
not
according
to
knowledge
,
quae
extat
in
ca.
〈◊〉
vita
Ignat●●
Loiolae
let
the
judging
of
what
degree
every
man
shall
be
,
and
the
de●igning
and
distrib●tion
of
offices
,
be
wholly
in
the
power
of
the
Generall
,
or
Prelat
,
w●ich
shall
bee
appoint●d
by
us
any
time
whatsoever
,
or
of
those
whom
hee
shall
su●stitute
with
such
authoritie
.
Enemies
to
the
King
and
State
.
Du
Steurs
D'
Arnalt
.
Pasquier
.
Versoris
.
Pedagogues
of
Armes
If
any
one
affirme
the
Bishops
that
are
created
by
the
authoritie
of
our
Holy
Father
the
Pope
of
to
be
no
true
and
lawfull
Bishops
,
but
a
humane
fiction●
let
him
bee
anathema
.
That
at
the
Provinciall
Synod
which
shall
bee
holden
by
the
Metropolitan
,
a
certaine
forme
of
examination
,
inquisition
,
or
instruction
proper
to
every
Province
,
be
prescribed
to
all
places
.
That
it
bee
approved
of
by
the
judgement
of
our
holy
Father
the
Pope
of
That
as
soone
as
this
examination
or
inquisition
of
the
partie
to
bee
preferred
is
finished
,
it
bee
drawne
into
a
publique
instrumen●
,
with
all
the
attestations
,
and
testimonials
,
and
profession
of
faith
by
him
made
.
That
all
bee
sent
forthwith
to
our
most
holy
Father
the
Pope
of
that
having
full
intelligence
of
the
whole
businesse
,
and
of
the
persons
,
if
by
the
examination
and
inquisition
they
bee
found
fit
men
,
for
the
good
of
the
Lords
flocke
,
he
may
profitably
furnish
the
Churches
with
them
.
Concil.
Trid.
Sess.
de
Sacramento
Ordini●
Th●
holy
Synod
further
teacheth
,
that
in
the
Ordination
of
Bishops
,
Priests
,
and
other
Orders
,
neither
the
consent
,
vocation
nor
authority
of
the
people
,
or
any
other
Secular
power
or
Magistrate
is
so
required
,
that
the
Ordination
should
be
frustrate
without
it
:
But
rather
it
decreeth
that
those
who
rise
up
to
exercise
these
functions
,
being
called
and
ordained
onely
by
the
people
or
Secular
power
and
Magistrate
,
or
by
their
owne
rashnesse
take
them
upon
them
,
ought
all
of
them
to
be
reputed
,
not
Ministers
,
but
theeves
and
robbers
that
came
not
in
by
the
doore
.
Can.
nullus
.
C●n.
Adrian
〈◊〉
por●o
Can.
si
pe●
ord●nat●o
.
●an
non
est
ex
dicto
Gratian
in
his
verbis
Gloss.
ad
regul.
in
●e●b
.
quod
Omnes
.
regul
.
●uris
in
V.
sacraescriptur●
testimonia
apud
Marsilium
Pa●avin
.
in
desens
.
pa●
.
●art
.
Can.
quarto
.
Can
plebs
.
Can.
no●se
.
Can.
Episcopos
.
Can
literas
.
Can.
Metropolitano
.
Can.
Cler.
Can.
vota
civium
●an
.
Sacrorum
.
dist.
Ivo
Episcopus
Carnotensis
Epist.
Idem
Ivo
epist.
the
Monasteries
,
Abbeyes
,
Priories
and
Provostships
be
bestowed
for
the
future
upon
regular
men
,
of
tried
virtue
and
sanctity
.
The
Archbishop
of
right
ought
to
bee
consecrated
by
all
his
●uffragans
;
yet
notwithstanding
the
Pope
usurpes
this
power
to
himselfe
.
Forasmuch
as
wee
beleeve
that
being
called
by
the
will
of
God
,
the
Clergy
and
people
of
such
a
City
have
with
one
consent
chosen
you
their
Rectour
and
Bishop
,
brought
unto
us
to
desire
consecration
,
&c.
Can
in
Synodo
.
Can.
quia
sancta
Can.
Cum
Adrianus
.
Can.
Ego
Ludovicus
.
dist
Vid.
Iustinian
.
Constit.
de
ordinat
.
Episc.
&
Cleric
.
lib.
Capitul
Caroli
Magnica
Glabrum
Rodulph
.
lib.
hist.
cap.
Can.
Adrianus
.
dist.
with
his
whole
Synod
gave
the
right
and
power
of
electing
the
Pope
●nto
the
Great
:
the
power
and
right
of
chusing
:
and
further
ordained
that
the
Archbishops
and
Bishops
of
all
the
Provinces
should
receive
their
investiture
from
him
:
in
such
sort
as
no
Bishops
can
bee
consecrated
by
any
man
unlesse
he
be
approved
and
invested
by
the
King
,
pronouncing
and
anathema
against
such
as
shall
doe
otherwise
,
Can.
Synodo
.
dist.
Bishop
,
servant
of
servants
,
with
all
the
Clergy
and
people
of
doe
ordaine
,
confirme
,
corroborate
,
and
grant
by
our
authority
Apostolique
unto
the
first
,
our
Lord
,
King
of
the
and
his
successors
,
the
power
from
hence
forwards
of
electing
the
successors
and
ordaining
the
Pope
of
the
high
See
Apostolique
:
as
also
to
the
Archbishops
and
Bishops
,
to
receive
their
investiture
from
him
,
and
their
consecration
where
they
ought
.
That
the
Bishop
being
elected
by
the
Clergy
and
people
,
cannot
bee
consecrated
till
hee
bee
first
allowed
and
invested
by
the
King
.
Can.
Agatho
dist.
Yet
so
as
he
that
is
elected
shall
not
be
consecrated
till
the
Generall
Decree
bee
first
brought
unto
the
Royall
City
according
to
the
ancient
custome
;
to
the
end
that
the
said
consecration
may
be
performed
with
his
consent
and
command
.
according
to
the
ancient
custome
both
the
right
of
the
one
and
the
other
,
according
to
the
custome
s●nt
his
Legats
with
a
Synodicall
epistle
towards
the
royall
City
to
the
most
pious
Emperours
,
to
give
them
notice
of
his
institution
.
Martinus
Polonus
in
Vitaliano
sub
ann.
Vid.
Decreta
Bonfaci●
1.
in
Isidori
Decreto
Luteti●
excuso
ann.
&
ann.
The
like
we
read
borne
in
for
he
being
elected
by
discord
,
together
with
one
was
confirmed
Pope
of
by
the
judgement
of
King
Walteramus
episc●p
.
Naumberg
.
in
lib
de
inves●l●●
epis●
.
Hee
was
chosen
Pope
and
the
Emperour
gave
his
consent
by
his
Imperiall
letters
.
Gregorie
would
not
receive
the
consecration
,
till
such
time
as
hee
had
the
Emperour
his
consent
Vnum
instrumentum
extat
in
Can.
Ego
Ludovicus
.
dist.
That
the
latter
lawes
derogate
from
the
former
.
Can
quia
sancta
.
dist.
it
were
in
the
presence
of
the
Emperours
Ambassadours
,
according
to
the
custome
and
forme
set
downe
by
the
Canons
.
Can.
in
nomine
dist
Hildebert
in
Panorm
.
l.
Saving
the
honour
and
reverence
due
to
our
welbeloved
sonne
King
at
this
present
,
and
who
will
be●
Emperour
ere
long
.
Platina
in
Gregorio
In
fine
after
divers
embussyes
,
both
upon
one
side
and
other
;
the
Emperour
was
reconciled
to
and
confirmed
him
Pope
,
as
was
then
the
custome
of
Emperours
to
doe
.
Platina
in
Alex.
reproved
him
very
sharpelie
,
for
usurping
the
See
of
without
the
Emperour●
command
,
contrarie
to
law
and
custome
.
defending
the
Popes
cause
,
said
,
That
if
hee
would
consent
with
law
and
ancient
custome
,
the
election
of
him
belonged
to
the
Clergy
.
Theodorus
Balsamo
in
comment
.
ad
Can.
Syno●
.
in
Trullo
The
Orthodox
Emperours
,
who
by
the
invocation
of
the
blessed
Trinitie
,
preferre
the
Patriarchs
,
and
are
the
anointed
of
the
Lord
,
goe
in
to
the
sacred
altar
when
they
will
.
Can
Reatinae
.
dist.
with
their
leave
and
permission
hee
might
consecrate
him
Bishop
.
Can.
nobis
dist.
The
Emperour
and
Emperesse
enjoyned
me
by
their
letters
to
make
Bishop
of
which
I
have
done
accordingly
Can
lectis
dist.
Wee
could
not
consecrate
him
so
soone
as
you
desired
,
because
hee
brought
us
not
the
Emperours
letters
containing
his
pleasure
therein
,
as
the
custome
is
,
by
reason
whereof
wee
are
perplexed
.
But
we
advise
you
,
seeing
wee
can
doe
no
otherwise
in
this
case
,
to
procure
the
Emperors
licence
,
as
the
ancient
custome
is
,
and
his
letters
directed
unto
us
:
so
shall
wee
not
faile
to
satisfie
your
desire
,
and
to
consecrate
him
that
was
elected
.
St.
Gregory
Can.
Salonitan●
quaest.
till
such
time
as
I
shall
haue
understood
from
my
most
Illustrio●s
Lords
,
whether
they
commanded
him
so
to
doe
.
For
all
this
he
doth
not
forbeare
celebrating
of
masses
,
and
that
hee
would
not
come
unto
him
,
according
to
the
Emperours
command
.
Can.
Princip.
dist.
Can.
Quiaigitur
.
dist.
Glaber
Rodulphus
lib.
hist.
cap
was
perswaded
as
well
by
the
Bishops
as
by
all
the
people
,
to
ordaine
Archbishop
thereof
,
who
was
Archdeacon
of
a
man
worthy
such
a
charge
:
which
he
did
.
Idem
Glaber
lib.
As
God
hath
freely
given
me
the
Crowne
of
the
Empire
,
so
will
I
freely
bestow
that
which
belongs
unto
his
religion
,
and
will
have
you
also
to
doe
the
like
,
Idem
ibid.
Goe
your
wayes
and
endeavour
honestly
to
distribute
what
you
have
unlawfully
received
:
and
pray
to
God
for
my
fathers
soule
,
who
is
guilty
of
this
fault
as
well
as
you
.
Helmod
in
chronic
.
Slavor
.
cap.
To
invest
Bishops
belongs
onely
to
the
Imperiall
Majesty
.
Breme
:
The
investiture
of
Bishops
is
permitted
onely
to
the
Imperiall
dignity
.
the
great
writ
to
Kings
and
Queene
of
to
make
their
investitures
of
Bishops
without
Simony
.
that
Pope
confirmed
the
investiture
of
the
Bishoprique
of
which
King
had
granted
to
an
Abbat
whose
name
was
Sigebert
.
in
Chron.
sub
ann.
Martin
.
Polon
.
in
Henr.
sub
ann.
Matth.
Westm.
l.
Helmod
.
in
hist.
Slavor
.
cap.
Lambert
.
Schafnaburg
.
derebus
German
.
sub
an
.
et
passim
.
Author
continuationis
ad
Bedae
hist.
lib.
Can
si
quis
deinceps
.
&
sequentib
.
Caus.
granteth
unto
the
Emperour
and
to
his
kingdome
as
his
priviledge
,
inviolable
,
and
in
the
person
of
the
Bishop
or
Abbat
elected
freely
without
Simony
,
the
same
will
corroborate
and
confirme
,
with
consent
of
the
said
Emperour
,
that
it
shall
belong
unto
the
said
Emperour
to
invest
them
by
giving
of
a
ring
and
crosier
staffe
:
and
that
the
Bishop
or
Abbat
thus
invested
shall
freely
receive
consecration
from
that
Bishop
to
whom
it
shall
belong
to
give
it
.
But
if
any
be
elected
by
the
Clergy
and
people
,
unlesse
he
be
invested
by
the
Emperour
,
he
shall
not
be
consecrated
by
any
man
:
and
the
Archbishops
and
Bishops
shall
freely
consecrate
those
that
are
invested
by
the
Emperour
.
We
condemne
it
we
judge
it
null
,
and
utterly
cashiere
it
,
and
for
feare
lest
it
should
have
any
authoritie
and
e●f●cacy
,
wee
absolutely
excommunicate
it
.
Following
the
authority
of
the
Church
of
wee
judge
investitures
of
Bishopriques
,
Abbeyes
and
other
Churches
to
be
a
heresie
.
We
excommunicate
him
wee
anathematize
him
,
and
cast
him
out
of
the
bosome
of
the
holy
mother
Church
.
Francis
Iuret
Chartres
.
The
yeare
one
thousand
one
hundred
and
fourteene
Bishop
of
and
Legat
of
the
See
Apostolique
,
did
anathematize
the
said
King
at
a
Councell
by
him
there
holden
,
and
at
the
next
Lent
.
He
condemned
the
same
in
a
Councell
holden
at
condemned
King
in
the
Church
of
St.
condemned
the
same
King
in
a
fourth
Councell
holden
by
him
at
Matth.
Westm.
lib.
sub
ann.
Abbas
Vsperg
.
in
Chron.
Willelm
.
Malmesb
.
de
gestis
Reg.
Angl.
lib.
by
the
grace
of
God
Emperour
of
for
the
love
of
God
,
of
the
holy
Church
,
and
of
Pope
and
for
the
benefit
of
my
soule
,
doe
restore
unto
God
,
and
to
his
blessed
Apostles
and
to
the
holy
Catholique
Church
all
kinde
of
investiture
made
by
the
ring
and
the
staffe
,
and
permit
that
elections
and
free
consecrations
be
made
in
all
Churches
.
servant
of
the
servants
of
God
,
to
his
welbeloved
sonne
by
the
grace
of
God
Emperour
of
the
I
grant
that
the
elections
of
the
Bishops
and
Abbats
of
Idem
Vsperg
.
Et
Malm●b
.
ib.
which
belong
to
the
Empire
,
be
made
in
your
presence
without
Symony
and
violence
;
to
the
end
that
if
any
discord
chance
to
arise
betwixt
the
parties
,
you
may
give
your
consent
and
assistance
to
the
sounder
side
,
by
the
Counsell
,
or
judgement
of
the
Metropolitan
and
Provincials
.
And
that
hee
who
shall
bee
elected
may
receive
from
you
the
Royalties
by
the
Scepter
,
excepting
all
such
as
belong
to
the
Church
of
and
that
he
doe
unto
you
all
which
he
is
bound
by
right
to
doe
.
And
hee
that
shall
be
consecrated
in
other
parts
of
the
Empire
,
shall
be
bound
to
receive
the
Royalties
of
you
by
the
Scepter
within
six
moneths
.
Freisinger
.
Wherefore
the
Empire
being
dismembred
,
and
broken
many
wayes
,
the
Emperour
perceiving
that
the
King
revolted
from
him
,
because
of
the
anathema
pronounced
against
him
,
and
fearing
his
fathers
example
,
having
called
a
great
assembly
of
Princes
together
at
hee
resigned
the
investiture
of
Bishops
to
Legat
of
the
See
Apostolique
Abbas
Vsperg
.
in
Chron.
sub
ann.
He
surrendred
Ecclesiasticall
investitures
unto
the
Church
,
and
all
other
spirituall
matters
,
which
the
Emp●rours
of
had
so
long
managed
,
and
which
hee
had
purposed
,
for
the
not
impairing
the
honour
of
the
Empire
,
never
to
forgoe
so
long
as
he
liv'd
.
Otho
Frisingens
Chron.
lib.
This
priviledge
therefore
is
set
downe
in
writing
for
the
Church
,
and
it
is
granted
to
him
by
way
of
exchange
by
the
Pope
,
that
those
who
shal●
be
elected
as
well
on
this
side
as
you
side
the
mountaines
,
shall
not
be
consecrated
Bishops
till
they
have
received
the
Royalties
from
his
hands
,
and
by
the
Scepter
.
Which
the
say
was
granted
for
quietnesse
sake
,
and
to
him
onely
,
not
to
his
successors
.
Abbas
Vsperg
.
sub
an.
At
this
time
the
Pope
went
to
finde
the
Emperour
at
demanding
assistance
and
favour
of
him
against
,
the
said
and
his
abettors
;
but
the
Emperour
having
taken
advice
what
hee
should
answer
,
begunne
to
redemand
of
the
Pope
the
investitures
of
Bishopriques
,
which
the
Emperours
had
enjoyed
for
a
long
time
before
.
Albert.
Crantz
.
l.
Saxon.
c.
As
for
the
Pope
the
reason
of
it
might
bee
,
because
the
Emperour
redemanded
the
ancient
imperiall
rights
over
some
whereof
had
beene
lately
transfer'd
unto
the
Church
.
Marsil
.
Patavi
.
in
de●ens
.
pac
.
part
.
the
second
,
when
they
would
have
repealed
,
it
may
be
for
lawfull
causes
,
these
grants
and
priviledges
,
or
indeed
repealing
them
absolutelie
,
or
in
part
,
they
endured
many
plots
,
persecutions
,
and
impediments
from
the
Clergy
and
Bishops
of
If
any
Lay
man
fall
into
this
follie
,
that
he
thinks
he
can
administer
a
Sacrament
or
a
thing
belonging
to
a
Sacrament
of
the
Church
,
by
the
giving
and
taking
of
a
rod
;
wee
judge
him
an
absolute
heretique
;
not
for
his
manuall
investiture
,
but
for
hi●
diabolicall
opinion
.
being
performed
by
Lay
men
,
it
is
an
usurpation
upon
another
mans
right
,
a
sacrilegious
presumption
.
Ivo
Ep.
While
the
Emperour
received
the
Sacrament
from
the
Popes
hands
,
behold
one
of
the
principall
of
the
Clergy
,
who
was
offended
with
that
purpose
which
the
Emperour
had
put
on
,
that
he
would
maintaine
the
constitutions
of
his
Predecessors
,
stirred
up
a
sedition
and
tumult
in
the
temple
,
beat
off
the
guard
of
the
Emperours
body
,
and
went
about
to
seaze
upon
him
:
who
with
much
adoe
saved
himselfe
,
repelling
the
force
with
his
owne
hands
.
Hee
got
him
presently
into
the
Citie
,
killed
a
great
multitude
of
citizens
and
Clergy-men
,
tooke
the
Pope
prisoner
.
Sigebert
.
in
Chron.
sub
ann.
Adde
Matthaeum
Westmonast
.
lib.
sub
Ann.
By
giving
unto
him
the
body
and
bloud
of
our
Lord
in
the
celebration
of
the
masse
.
Wee
give
you
this
body
O
Emperour
,
in
confirmation
of
the
true
peace
betwixt
me
&
you
.
Conc.
Tolet.
Can.
Cum
longe
dist.
It
was
decreed
by
all
the
Bishops
of
that
without
any
prejudice
to
the
priviledges
of
every
particular
Province
,
it
shall
be
lawful
hereafter
for
the
Bishop
of
to
receive
and
consecrate
all
such
Bishops
as
the
Royall
power
shall
elect
,
and
that
every
such
Bishop
shall
bee
approved
by
his
judgement
.
Lan●
.
●onrad
.
in
templo
amnium
judic
.
Lancelot
Conrad
Wil●elm
.
M●lm●●bur
.
l
d●
gestis
ponti●
.
●ngl
p.
Idem
lib.
Idem
lib.
Idem
lib.
Matth.
Wes●●n
.
lib.
sub
.
ann.
Matth.
West●n
.
lib
sub
ann.
Malmesb.
l
Idem
l.
Idem
●
sub
.
ann
Malmes
.
l.
Idem
p.
Westmonast
.
l.
sub
ann
Robert
Blunt
And
forasmuch
Matthew
Westminster
as
hee
would
not
consecrate
certaine
Bishops
,
who
had
been
instituted
by
the
King
,
obeying
his
pleasure
,
nor
so
much
as
communicate
with
them
,
the
King
was
thereupon
moved
with
choler
against
him
.
Idem
Westmon
l.
That
from
thence
forward
no
man
should
be
invested
in
by
the
King
,
or
any
other
Lay
man
into
any
Bishoprique
,
or
Abbey
,
by
the
donation
of
the
Pastorall
staffe
,
or
ring
,
alwayes
reserving
the
homage
due
to
the
King
.
Idem
Westmon
.
l.
sub
ann.
Idem
lib.
sub
ann.
Idem
Westmon
.
l.
sub
ann
William
Neubrigensis
rerum
Angl.
l
The
same
King
bestowed
the
Archbishoprique
of
Bishop
of
and
invested
him
in
it
,
by
giving
him
the
crosier
,
staffe
and
ring
.
First
of
all
this
new
King
was
so
affected
,
that
by
his
meanes
many
Churches
which
were
vacant
of
were
provided
of
Pastours
the
Kings
treasurer
,
was
preferred
to
the
See
of
to
the
chaire
of
the
Kings
Chancelour
to
the
Bishoprique
of
Deane
of
to
the
Church
of
hee
bestowed
also
the
Metropolitan
See
of
upon
his
brother
Stephen
Langton
Idem
Westmon
.
l.
sub
ann.
Commanded
that
all
the
Monks
should
bee
drawne
out
of
the
Monasterie
of
as
guiltie
of
high
treason
,
yea
,
and
that
they
should
be
chased
out
of
his
Kingdome
.
Idem
Westmon
.
sub
ann.
Vid
eundem
Lawrence
de
St.
Martins
Malmesb
lib.
in
sin
.
p.
sub
ann.
Matth
Paris
.
&
alios
Richard
de
Witz
Anton
Corset●s
in
tract
.
de
reg.
pot●
q.
c.
ex
diligenti
.
Tit.
de
jure
patronatus
.
England
in
capite
Alexand.
Consil.
descripta
de
precib
.
imperat
.
offerend
.
Lancelot
Conrade
L●ncelot
Conrad
in
templo
omnium
judic
.
lib.
Wal●ramus
Epis●
.
N●umburgens
in
tract
.
de
inves●it
.
Episc.
So
some
Kings
and
Princes
may
conferre
the
benefices
of
their
Kingdome
when
they
have
got
this
right
either
by
custome
time
out
of
mind
,
or
by
Apostolicall
priviledge
,
as
hath
counselled
in
his
Counsel
,
num.
Baldus
in
the
law
Rescript
.
C.
de
precibus
imperat
.
offerend
.
Martin
Lawrence
de
Privil
.
&
Rescript
.
Quaest.
France
,
England
,
Hungary
We
reade
of
the
Bishops
of
that
by
ancient
institution
,
till
this
upstart
novelty
came
in
,
were
put
into
their
Bishopriques
by
the
Kings
,
with
purity
and
integrity
,
and
with
peace
and
quietnesse
for
temporall
matters
.
Ammonius
de
reb
gest
Franc●
l
Rhegmo
in
chron
sub
an.
hist.
Rhemens
.
l.
Frod●ard
.
in
chron
sub
ann.
Ivo
Carnat
.
Episc
ep.
Hildebert
.
Turon
Archiep.
ep
Lup.
Abb.
Ferrar.
ep.
Capitul
.
Carol.
magn
.
l.
vid
etiam
lib
leg
.
Francic
.
c.
Can
Sacror
.
dist
Capitul
.
Carol.
Mag
lib.
Vid.
etiam
lib.
legum
Fran●●●arum
cap.
A
long
time
before
the
decree
of
and
his
successors
,
the
annointed
Kings
and
the
Maiors
of
the
Palace
invested
Bishops
,
Maior
of
the
Palace
,
and
who
established
and
other
Bishops
of
most
holy
life
.
G●eg
.
Turon
.
in
hist
Franc.
l.
Idem
in
vit.
sanct
Gall.
Can.
sacror
.
dist.
Can.
porro
.
dist.
Conc.
Aurelian.
quod
extat
in
tom
Concil.
pa.
That
it
shall
not
be
lawfull
to
obtaine
any
Bishopriques
by
presents
,
or
by
meanes
of
any
such
like
purchase
,
but
with
the
kings
consent
,
according
to
the
election
of
the
Clergie
and
people
,
as
it
is
written
in
the
ancient
Canons
.
Synod
Francic
.
Tom.
Conc.
pag.
By
the
Councell
of
the
Clergy
and
chiefe
men
of
the
kingdome
,
we
have
ordained
Bishops
over
the
Cities
.
Pepin
Synod
.
Suession
.
to
Conc.
pag.
we
have
instituted
and
ordained
lawfull
Bishops
over
the
Cities
,
with
the
advice
of
the
Clergy
and
Princes
of
Conc.
Paris
.
lib.
Conc
pag.
We
intreat
your
Majesties
to
use
great
diligence
and
most
exact
care
in
the
institution
of
Rectours
and
Pastours
in
the
Church
.
Conc.
Valent.
tom
Concil.
pag.
Defensor
Pacis
.
And
as
for
the
proposition
about
the
institution
of
Ecclesiasticall
Ministers
,
and
the
distribution
and
collation
of
temporall
benefices
,
I
will
shew
by
the
authority
of
the
Catholique
Kings
of
some
things
which
are
not
to
bee
contemned
,
but
ought
rather
to
be
considered
:
for
they
assure
us
that
the
authority
of
instituting
and
bestowing
of
certaine
Ecclesiasticall
offices
,
benefices
,
and
temporall
meanes
belongs
unto
them
by
right
Mar●ilius
P●vinus
in
defens
.
pac
part
.
they
have
caused
to
be
inviolably
observed
to
this
very
day
;
in
such
sort
that
this
authority
is
not
derived
from
them
either
upon
any
particular
person
,
or
upon
any
Colledge
of
what
condition
soever
:
So
neither
is
the
law-giver
nor
Prince
prohibited
by
the
law
of
God
to
make
such
institutions
,
collations
,
and
distributions
.
Iohannes
Monachus
Ioannes
Monachus
in
c
de
Prebend
in
Alexand.
consil.
Lancelot
Conrade
Lancelot
Conrad
.
in
templ●
omnium
judicum
lib.
Lup●s
epist.
That
it
is
no
new
nor
rash
thing
that
the
King
should
furnish
the
most
honourable
Churches
with
his
Courtiers
;
considering
that
from
whom
hee
is
descended
by
the
Great
,
and
the
most
devout
both
Emperours
having
given
Pope
to
understand
in
a
certaine
Synod
the
necessity
of
the
Realme
,
hee
got
his
consent
,
to
furnish
the
Churches
with
good
Pastours
,
after
the
decease
of
the
Incumbents
:
remedying
by
that
meanes
the
badnesse
of
the
times
.
Hild●bert
.
Turonens
.
Ar●hiep
.
epist.
I
congratulate
with
virtue
that
hath
her
reward
under
our
King
.
Hee
hath
found
that
the
power
of
a
King
shines
more
bright
by
gifts
and
liberality●
than
by
the
Scepter
;
and
that
it
is
not
sufficient
for
a
Prince
to
stirre
up
his
subjects
to
well-doing
by
examples
,
unlesse
they
be
also
provoked
by
rewards
.
Hence
it
is
that
your
good
manners
were
honoured
by
a
great
Priesthood
.
The
disposition
of
the
King
was
sound
and
prudent
,
considering
it
could
not
better
provide
for
the
Church
,
than
by
placing
you
in
it
.
Ivo
Episc●pus
Carnotensis
Epist.
Vrban
.
Moreover
I
give
your
Holinesse
to
wit
,
that
the
Archbishop
of
Idem
Ivo
.
epist.
being
infatuated
by
the
counsell
of
the
Bishop
of
having
summoned
the
said
Bishop
of
and
two
others
of
the
same
humor
,
to
wit
he
of
and
he
of
did
very
indiscreetly
accuse
me
this
present
year
,
because
of
the
consecration
which
I
had
received
from
you
;
saying
that
I
had
offended
against
the
Kings
Majesty
,
by
attempting
to
receive
my
consecration
from
the
See
Apostolique
.
Idem
Ivo
epist.
Congé
d'elire
Ivo
epist.
Vid
Matth
Westmonast
.
l●
sub
ann.
editionis
Wechelian
The
Princes
Court
inclining
to
the
contrary
,
we
could
not
obtaine
an
entire
peace
unlesse
the
said
Metropolitan
would
make
unto
the
King
such
an
oath
of
allegiance
as
other
Archbishops
of
together
with
all
the
rest
of
the
Bishops
of
this
Realme
of
how
holy
and
religious
soever
they
were
,
made
to
the
Kings
his
predecessors
.
L'
Ordonnance
D'
Orleans
●rt.
Ivo
epist.
Peter
de
Ferriers
Lupus
ep
Idem
ep.
They
were
consecrated
by
the
Pope
,
not
without
great
damage
and
danger
to
the
Realme
of
Matth.
Westm.
l
sub
ann.
For
the
Pope
having
so
ingaged
the
Bishops
unto
him
,
they
found
themselves
more
obliged
unto
him
;
and
despising
the
King
,
they
were
more
inclined
to
doe
mischiefe
to
the
Kingdome
.
Ivo
epist.
Now
how
necessarie
it
is
for
the
Church
of
to
place
in
that
See
a
minister
which
is
devout
and
affectionate
unto
her
,
it
is
not
for
me
to
informe
your
wisedome
,
which
knowes
very
well
that
this
See
weares
the
Royall
Diademe
,
and
serves
for
a
patterne
almost
to
all
other
Churches
of
either
of
ruine
or
Resurrection
Lotharius
,
because
he
would
not
suffer
any
Bishop
to
bee
chosen
in
his
Kingdome
,
C●n.
Porto
dist.
unlesse
hee
were
faithfull
and
well
inclined
to
him
.
Florentius
Wigor●iensis
Monachus
in
Chron.
sub
ann●
Ivo
ep
If
Investiture
were
an
heresie
,
hee
that
renounceth
it
could
not
be
restor'd
without
blemish
to
himselfe
.
Now
wee
see
many
honest
men
,
both
in
give
up
their
Pastorall
staffes
to
wash
away
that
staine
by
some
shew
of
satisfaction
,
and
resume
those
Investitures
which
they
had
renounced
,
from
the
Apostolique
hand
.
Tours
,
Hee
secretlie
resigned
that
Archbishoprique
into
the
Popes
hands
which
he
had
received
from
the
Kings
hand
,
and
it
was
afterwards
restor'd
him
againe
at
the
same
instant
from
the
Popes
hand
.
Conc.
Trid.
Sess.
That
the
Pope
onely
have
the
cognizance
and
decision
of
all
criminall
causes
which
are
more
haino●s
objected
against
Bishops
,
and
even
of
heresie
,
which
God
forbid
.
But
if
the
cause
be
such
as
it
must
necessarily
be
tried
out
of
the
Court
of
let
it
not
bee
committed
to
any
persons
excepting
such
Metropolitans
or
Bishops
as
the
Pope
shall
chuse
.
That
this
commission
be
in
speciall
,
and
sealed
with
the
Popes
hand
,
and
that
hee
never
give
them
any
greater
power
but
onely
to
receive
the
bare
instruction
for
matter
of
fact
,
and
to
make
the
processe
,
which
they
shall
forthwith
send
to
the
Pope
:
the
definitive
sentence
being
alwayes
reserv'd
unto
the
Pope
.
That
the
causes
of
Bishops
,
when
by
reason
of
the
quality
of
the
crime
which
is
objected
unto
them
,
they
ought
to
make
appearance
,
be
brought
before
our
holy
Father
the
Pope
,
and
be
determined
by
him
.
Conc.
Trid.
Sess.
Conc.
Trid
Sess.
That
if
they
doe
not
abstaine
from
that
crime
after
they
have
beene
admonished
by
the
Provinciall
Councell
,
they
shall
bee
complained
of
to
the
Pope
by
the
same
Councell
,
who
shall
punish
them
according
to
the
quality
of
their
offence
,
even
by
deprivation
,
if
need
require
.
Sozomen
.
l.
Gallia
Belgica
Ianuarius
:
Being
so
stricken
in
age
as
you
are
,
wee
suppose
you
know
very
well
,
how
the
partisans
of
August
.
epist.
of
their
owne
proper
motion
,
accused
then
Bishop
of
before
that
ancient
Emperour
The
Emperour
having
judged
of
the
great
impietie
of
Theodoret.
l.
sent
him
presentlie
into
banishment
,
and
commanded
that
he
should
be
carried
un●o
a
certaine
place
of
Sozomen
.
lib.
August
.
ep.
Why
will
you
not
mitigate
your
sentence
,
seeing
it
is
lawfull
for
Iudges
so
to
doe
,
even
in
other
causes
which
doe
not
concerne
the
Church
?
When
their
enemies
are
too
mildlie
proceeded
against
,
men
are
wont
to
appeale
a
Wee
love
our
enemies
so
well
,
that
if
we
had
not
a
good
opinion
of
your
Christian
obedience
,
we
would
appeale
from
the
severitie
of
your
sentence
.
T●●o●o●et
.
l.
Paulinus
,
Apollinaris
being
appointed
Iudge
of
those
matters
which
were
urged
on
either
side
,
adjudged
the
Churches
unto
great
Idem
Theod.
l.
remained
Bishop
and
Pastor
of
those
sheep
whom
he
had
formerlie
separated
from
the
rest
,
and
being
rejected
from
the
government
of
the
Churches
begun
openlie
to
publish
that
doctrine
which
hee
had
latelie
invented
,
and
declare
himselfe
the
head
of
that
sect
.
S
Sulpitius
Sacrae
hist.
l.
Commonitorium
Imperatoris
ad
Elpidium
Synod
.
Chalced.
to
Conc.
p.
Conc.
Chalced.
Act.
Conc.
p.
Conc.
Chalced.
Act.
Conc.
p.
To
command
that
his
cause
may
bee
examined
in
their
presence
:
should
continue
in
his
Bishoprique
Iuris
Graeco-Romani
V.
Tom.
Sentent
.
Synod
.
c.
Iohn
Amathunt
Iustinian
.
Novell
De
depositione
Anthemii
V.
Euagrium
l.
If
there
bee
any
other
thing
contained
in
the
sentence
of
the
most
holy
Bishops
,
which
deposeth
,
and
anathematizeth
the
persons
aforesaid
,
wee
also
ordaine
the
like
more
firmely
,
and
with
more
continuance
,
and
wee
make
it
of
force
by
our
Imperiall
lawes
,
just
as
if
it
had
beene
a
thing
done
by
our
owne
command
.
Theod.
l.
If
your
clemencie
thinke
good
that
you
would
let
him
be
judged
.
Sozom.
l.
France
Theodoric
Turin
,
To
make
justice
in
all
things
bee
observed
towards
him
,
and
the
truth
being
knowne
,
Gregorius
in
Registro
l.
to
make
that
be
amended
which
hath
beene
unlawfully
committed
against
him
;
and
to
cause
that
to
bee
restored
with
equitie
which
was
taken
from
him
by
violence
.
Idem
Greg.
l.
In
dict.
Let
your
letters
bee
directed
unto
us
,
and
if
you
command
us
with
your
consent
and
authoritie
,
we
will
send
you
some
on
our
behalfe●
to
inquire
straitly
into
th●se
things
,
together
with
the
rest
of
the
Clergy
,
and
to
make
such
reformation
thereof
as
shall
be
acceptable
to
God
.
For
these
things
ought
not
to
bee
dissembled
:
inasmuch
as
hee
that
hath
power
to
correct
them
,
and
notwithstanding
neglects
to
doe
it
,
makes
himselfe
a
sha●er
in
the
fault
.
Can.
istud
.
caus.
Behold
what
wee
demand
and
require
further
,
that
you
would
send
unto
the
most
gentle
Prince
,
that
false
Bishop
of
and
that
other
of
under
good
and
sufficient
guard
;
to
the
intent
that
he
who
can
no
waies
be
a
Bishop
(
inasmuch
as
he●
was
created
contrary
to
all
canonicall
custome
)
destroy
not
others
;
and
hee
who
hath
attempted
to
ordaine
against
the
ancient
custome
,
may
be
submitted
unto
the
punishment
of
the
Canons
.
That
those
should
bee
corrected
by
Princes
,
who
cannot
be
corrected
by
the
Church
Valens
,
Valentinian
L.
qui
mos.
C.
Theod.
de
episcop
eccles.
&
Cleric
.
●od
.
Th.
〈◊〉
Episc
Iudic.
L.
Clericos
C.
Theod
de
episc
.
eccles.
&
Cler.
Novell
.
Iustinian
.
ut
Cleric
.
apud
prop.
Episcop.
Novell
.
Iustin.
Arcadius
,
Honorius
Iustinians
Novel
Con●
.
Milevitan
.
tom
Con●
.
p.
It
pleaseth
us
that
whosoever
shall
demand
of
the
Emperour
the
cogni●ance
of
publique
judgements
,
bee
deprived
of
his
dignitie
.
But
if
hee
desire
of
the
Emperour
onely
the
exercise
of
Episcopall
judgement
,
that
can
no
way
hurt
him
.
Concil.
Constantin.
apud
Balsamon
Gregor.
Turonensis
l.
Aimonius
l.
Aimonius
l
Although
the
royall
power
may
by
the
lawes
condemne
one
that
is
guiltie
of
high
treason
;
notwithstanding
that
I
may
not
oppose
the
ancient
Canons
,
I
present
this
man
unto
you
,
who
hath
falsly
usurped
the
name
of
Pastour
,
the
authour
of
the
conspiracie
made
against
me
.
Aimonius
l.
Strasbourg
.
Didier
Greg.
Turone●s
.
l.
Wee
are
met
together
by
the
command
directed
unto
us
,
by
virtue
of
your
power
.
Synod
.
Suession
.
To.
Concil.
p.
Aimonius
l.
Idem
lib
Aimonius
l.
Greg
Turon
.
l.
Greg.
Turon
.
l
Greg.
Turon
.
l
Aimoniu●
l.
Marseilles
,
Gundebaldus
C●nc
.
Et
Can.
Decernimus
Can
Si
qui●
episcopu●
Can
●lt.
Papon
de
jurisdict
temporali
art.
Papon
ibid.
art.
Idem
tit
de
adult
.
art.
Idem
tit
.
de
jurisd
temp.
art.
Idem
ibid.
art
Idem
ibid.
art.
Papon
ibid.
art.
Giles
Burdi●
Iohn
Imbert
Du
Domaine
That
in
the
Monasteries
of
Monks
,
where
it
may
be
conveniently
done
,
there
shall
bee
a
lecture
read
out
of
holy
Scripture
:
And
that
in
case
the
Abbats
be
negligent
,
●he
Bishops
of
that
place
,
must
compell
them
by
convenient
remedies
,
as
delegates
for
the
See
Apostolique
.
Can.
Si
qui●
Can.
Si
quis
Abbas
Can.
Cognovimus
Can.
in
venditionibus
That
in
every
one
of
the
said
Monasteries
,
there
shall
bee
maintained
a
good
and
able
man
to
teach
holy
Scripture
,
and
a
stipend
allowed
him
at
the
charges
of
the
Abbat
,
or
Prior.
That
if
there
be
any
Parish
Churches
under
such
Monasteries
as
are
not
s●tuate
in
any
Diocese
,
the
Prelats
regular
being
negligent
in
the
premises
,
they
shall
bee
compell'd
unto
it
by
the
Metropolitans
of
those
●rovinces
where
the
Dioceses
lye
,
as
Delegats
herein
for
the
See
Apostolique
.
Cap
cum
ex
eo
,
De
elect
.
&
elect
.
potestat
.
in
That
during
these
seven
years
,
the
Bishops
and
Superiours
shall
carefully
provide
that
the
cure
of
soules
be
diligently
discharged
,
and
that
such
benefices
be
served
with
good
and
able
Vicars
,
who
shall
bee
deputed
by
them
;
and
to
whom
,
in
consideration
thereof
,
a
competent
portion
of
the
fruits
shall
bee
by
them
assigned
for
their
maintenance
.
Ordonnance
det
Estats
d'
Orleans
●●
an
.
That
the
Abbats
and
Curats
who
hold
many
benefices
by
dispensation
,
or
reside
upon
one
of
their
benefices
,
requiring
actuall
service
and
residence
,
shall
bee
excused
from
residence
upon
their
other
livings
.
Alwaies
provided
that
they
depute
sufficient
men
for
their
Vicars
,
of
a
good
life
and
conversation
:
to
every
of
whom
they
shall
assigne
such
a
portion
of
the
revenue
of
the
benefice
as
may
suffice
for
their
maintenance
.
Otherwise
,
in
default
hereof
,
wee
admonish
and
enjoyne
the
Archbishop
,
or
Bishop
of
the
Diocese
to
take
order
for
it
,
and
most
expressely
command
our
Iudges
and
Proctours
to
assist
them
therein
:
to
cause
the
temporalities
of
such
Abbeys
or
other
benefices
to
be
seized
upon
without
dissembling
a
moneth
after
they
shall
have
warned
and
required
the
Prelats
,
and
other
Titulars
to
reside
,
or
cause
some
to
reside
upon
their
benefices
,
and
fulfill
the
contents
of
this
present
Ordinance
.
No
Secular
Priest
,
nor
Regular
,
of
what
Order
soever
,
living
out
of
his
Monastery
,
must
thinke
himselfe
so
sure
upon
pretence
of
the
priviledge
of
his
Order
,
that
hee
cannot
bee
visited
,
punished
,
and
corrected
according
to
Canonicall
Constitutions
,
in
case
hee
offend
,
by
the
Ordinary
of
the
place
,
as
Delegate
for
the
See
Apostolique
.
de
privilegii●
in
We
ordain
by
an
irrefragable
Decree
,
that
howsoever
exempted
persons
enjoy
their
libertie
,
yet
upon
any
offence
,
contract
,
or
such
thing
for
which
a
man
may
have
a
s●te
against
them
,
they
may
be
convented
before
the
Ordinary
of
the
place
.
This
is
true
if
the
contract
were
made
,
or
the
crime
committed
in
a
place
not
exempted
,
and
if
the
thing
in
controversie
bee
not
exempt
.
Ordon
.
du
Roy
Loys
de
l'
an.
confirmee
par
Arrest
du
Parlement
de
Paris●
du
feburier
Voyez
le
r●cucil
des
Ordo●nances
de
Fontanon
Tom.
de
l'
Vniversie
du
Paris
c.
Hos●iensis
.
Abbas
.
Andr●●●s
.
Anthon.
Butrigarius
in
can
.
perpendim●s
de
sentent
excom.
extra
.
Petrus
de
Anchorano
in
ca.
ea
quae
.
de
regulis
juris
in
Glos.
in
ca.
transivisse
.
de
Election
.
cap.
quoniam
de
vita
et
honest●
Cleric
.
Can.
Penult.
dist.
ca.
unic
.
de
cleric
.
conjugat
.
in
&
ibi
gloss
.
de
rebus
Eccles.
non
alienand
.
in
Cap.
exposuisti●
extra
de
Praebend
.
&
dignit
.
&
Cap.
Pastoral●●
extra
.
de
his
quae
f●nt
à
Praelato
.
Vid.
gloss
.
in
ca.
de
reb●●
Eccles.
non
alienandis
in
Cap.
de
Retoribus
&
Cap.
St●ut
unire
extra
.
de
excessib
.
praelat
.
Gloss.
in
Can.
&
temporis
It
belongs
unto
the
Bishop
to
unite
the
Churches
of
his
Diocese
,
and
to
set
one
over
another
.
And
to
the
end
that
Curats
may
imploy
themselves
in
their
Charges
without
all
excuse
,
we
enjoyne
Prelats
to
proceed
to
the
union
of
benefices
,
distribution
of
tithes
,
and
other
Ecclesiasticall
revenues
.
The
Ordinaries
of
the
place
shall
bee
bound
every
year
to
visite
all
the
Churches
,
even
such
as
are
exempted
in
what
kinde
soever
,
by
authoritie
Apostolique
;
and
to
take
order
by
such
remedies
as
are
according
to
law
,
that
those
which
stand
in
need
bee
repaired
;
and
that
they
bee
not
unprovided
of
the
cure
of
soules
,
if
any
have
it
over
them
,
nor
of
other
duties
,
such
as
shall
bee
found
due
.
That
all
Abbats
,
Abbesses
,
Priours
,
Prioresses
,
not
being
heads
of
the
Order
,
together
with
all
Canons
and
Chapters
,
as
well
Secular
as
Regular
,
whether
of
Cathedrall
or
Collegiate
Churches
,
shall
be
equally
subject
to
the
Archbishop
,
or
Bishop
of
the
Diocese
,
so
as
they
cannot
helpe
themselves
by
any
priviledge
of
exemption
,
in
regard
of
the
visitation
and
punishment
of
their
crimes
.
It
is
reason
that
the
Ordinary
doe
diligentlie
provide
for
all
that
concernes
divine
service
within
the
Diocese
.
Wherefore
the
Monasteries
in
Commendam
,
the
Abbeys
,
Priories
,
Provostships
not
tied
to
a
regular
observance
,
as
also
the
Benefices
,
whether
they
have
cure
of
soules
or
no
,
Secular
and
Regular
,
in
what
kinde
soever
of
Commendam
they
bee
holden
,
even
such
as
are
exempted
,
shall
bee
visited
by
the
same
Bishops
,
as
Delegates
for
the
See
Apostolique
:
and
the
same
Bishops
shall
take
care
by
●onvenient
remedies
,
even
by
sequestration
of
fruits
,
that
necessarie
reparations
bee
made
and
done
.
Can.
Decrevimus
Vid.
Conc.
Tarracon
.
cap.
Conc.
pag.
Wee
ordaine
that
the
order
of
ancient
custome
be
observed
,
and
that
Dioceses
bee
visited
by
the
Bishops
every
yeare
.
And
if
any
Church
be
found
destitute
,
that
the
reparation
thereof
bee
injoyned
by
his
Ordinance
.
Item
,
That
the
Bishop
ought
every
yeare
to
goe
over
all
the
Diocese
,
and
in
every
Parish
to
enquire
in
what
need
of
reparation
the
Churches
stand
.
Can.
Episc.
That
the
Bishops
as
Delegates
of
the
holy
See
have
power
to
ordaine
,
rule
,
punish
,
and
execute
according
to
the
determination
of
the
Canons
in
all
things
which
concerne
the
visitation
and
correction
of
their
subjects
.
Voyes
le
recueil
des
Ordonnances
fait
par
Fontanon
.
Tit.
du
Grand
Conc.
ch.
Our
great
Almoner
hath
the
super-intendence
&
cognizance
over
the
Hospitals
and
Spittles
of
our
Kingdome
,
that
they
bee
well
and
dulie
maintained
,
as
well
for
the
reparation
of
them
,
as
for
the
imployment
of
the
moveable
goods
thereunto
belonging
.
And
whether
the
poore
sick
folks
and
distressed
persons
resorting
unto
the
said
Hospitals
,
bee
entertained
,
and
lodged
,
maintained
,
and
fed
according
to
the
revenues
of
the
said
Hospitals
.
As
also
to
compell
the
masters
,
and
Administratours
of
such
Hospitals
,
to
make
account
of
the
said
meanes
and
revenues
.
V.
Ibid.
Tom.
des
malad
.
&
Hospit
.
ch.
All
Governours
and
Administratours
of
Hospitals
,
or
other
charitable
foundations
shall
be
compell'd
by
our
Iudges
of
the
places
next
adjoyning
,
to
give
up
their
accounts
of
the
revenues
and
administration
of
the
said
Hospitals
,
by
what
titles
soever
they
hold
them
,
together
with
the
charters
and
titles
of
their
foundation
,
if
they
have
any
,
within
two
monthes
after
the
publication
of
these
Presents
.
Whom
wee
command
and
expressely
injoyne
,
everie
one
respectively
within
his
Precincts
and
jurisdiction
,
that
immediatly
after
the
publication
of
these
presents
,
they
visit
the
said
Hospitals
and
charitable
foundations
,
to
enquire
of
the
revenue
estate
,
and
reparation
of
the
places
,
and
the
number
of
beds
,
and
poore
people
whom
they
shall
finde
there
.
That
within
every
one
of
their
Ecclesiastical
Precincts
,
each
Ordinary
,
Bishop
or
Abbat
,
&
the
grand
Almoner
might
commit
and
delegate
one
or
two
honest
men
to
assist
the
Iudges
who
were
to
execute
the
said
letters
patents●
yet
without
hindring
or
contradicting
the
said
Iudges
,
in
such
manner
as
that
the
Kings
will
and
pleasure
might
bee
put
in
execution
.
The
Bishops
as
Delegates
for
the
See
Apostolique
,
shall
bee
executours
of
all
pious
donations
,
given
as
well
by
last
wils
and
Testaments
,
as
by
those
which
are
yet
alive
,
in
such
cases
as
are
permitted
by
the
law
.
Greg.
in
●●p
tua
e●tra
.
d●
t●s●am
.
Be
it
that
all
testaments
to
pious
uses
should
bee
taken
care
for
by
the
Bishops
of
●he
places
,
and
that
all
things
should
be
confirmed
according
to
the
will
of
the
deceased
.
Howbeit
the
testatours
themselves
should
have
prohibited
,
〈◊〉
Gr●●
.
in
●●p
●●●nnis
●xtr●
de
testa
.
〈…〉
C
de
●●is●●p
●t
Cl●r
.
The
executours
appointed
by
the
Testatour
,
after
they
have
undertaken
that
charge
ought
to
bee
com●ell'd
by
the
Bishop
of
the
Diocese
to
performe
the
will
of
the
Testatour
.
Anthemius
.
If
the
T●statour
hath
expressed
the
summe
of
the
legacie
or
Testament
in
trust
given
to
pious
uses
without
appointing
the
partie
the
Reverend
Bishop
of
the
citie
where
the
testatour
was
borne
,
hath
power
to
exact
what
was
bequeathed
to
that
end
,
executing
the
holy
intention
of
the
deceased
without
any
delay
.
In
partibus
Except
in
such
causes
as
ought
to
bee
tried
before
the
See
Apostolique
by
Canonicall
Constitutions
,
or
such
as
the
Pope
of
shall
thinke
fit
to
bee
committed
or
removed
upon
some
urgent
and
reasonable
cause
,
by
speciall
commission
from
his
Holynesse
,
signed
with
his
owne
hand
.
It
is
a
kinde
of
Sacriledge
to
dispute
of
what
hee
does
:
it
is
a
mortall
sinne
Gloss.
&
addition
.
in
Can.
Conc.
Basil.
Divers
abuses
and
intolerable
vexations
have
grown
hithertowards
,
whiles
many
men
were
very
often
wont
to
be
cited
and
called
forth
to
the
Court
of
and
that
sometimes
even
for
pettie
things
,
and
were
so
wearied
out
with
expences
and
travaile
,
that
they
thought
it
more
commodious
for
them
to
forgoe
their
right
,
or
with
great
losse
to
redeeme
themselves
from
such
vexation
,
rather
than
bee
at
the
charges
of
the
suit
in
a
countrey
so
remote
.
So
it
was
an
easie
matter
for
slanderers
to
oppresse
poore
men
.
So
Ecclesiasticall
livings
were
oft
go●
by
wrangling
shifts
and
evasions
in
the
Suit
,
while
their
meanes
were
not
sufficient
for
the
true
owners
,
or
others
that
had
right
unto
them
,
to
defray
the
charges
required
as
well
for
the
journey
to
as
the
pleading
of
the
cause
there
.
Hence
also
proceeds
the
confusion
of
Ecclesiasticall
order
,
when
the
jurisdiction
of
the
Ordinaries
is
not
preserved
unto
them
.
The
money
and
meanes
of
Kingdomes
and
Provinces
are
not
a
little
impaired
by
this
meanes
,
and
(
which
is
a
thing
acknowledged
to
bee
very
harmefull
to
all
Ecclesiasticall
Orders
)
those
which
by
reason
of
their
worth
were
called
to
the
greatest
affaires
of
Christendome
,
were
made
lesse
serviceable
in
them
,
being
too
much
imployed
in
the
multitude
of
such
causes
.
Of
Causes
Bellarm.
To.
That
all
Bishops
receive
their
jurisdiction
from
the
Pope
.
Conc.
Trid.
Sess.
Conc.
T●id
.
Sess.
c.
ult
Francis
.
Balduinus
in
comment
ad
leg
.
de
famosis
libellis
p.
It
is
behoofefull
to
remember
what
manner
of
times
those
were
of
wherein
the
contentions
about
Religion
,
not
much
unlike
unto
ours
,
gave
fire
unto
the
affections
of
both
parties
,
and
which
afterwards
hatched
those
unhappie
calumnies
,
and
scandalous
libels
,
just
as
it
is
at
this
present
,
Cod.
Theod.
de
famosis
libel
.
l.
unica
.
C
Iustin
eod.
If
any
man
have
any
care
of
his
devotion
,
and
the
publique
safetie
,
let
him
professe
his
name
,
and
with
his
owne
mouth
speake
what
hee
intended
to
prosecute
by
defamatorie
libels
.
Valens
,
Arcadius
,
Honorius
Vid.
totum
tit
.
C.
Theod.
de
famosis
libellis
.
Commanding
all
publique
Magistrates
,
Commissaries
of
the
countrie
,
and
other
our
Officers
,
whom
it
may
concerne
,
to
have
an
eye
and
regard
hereunto
,
charging
our
Proctours
,
and
Advocates
in
every
place
to
doe
their
endeavour
,
and
bestirre
themselves
herein
,
all
other
businesse
laid
aside
,
to
the
finding
out
,
and
punishing
such
faults
as
they
shall
finde
concerning
this
particular
.
That
forthwith
hee
bring
him
out
in
publique
,
and
present
him
before
the
eyes
of
the
Iudges
.
Cod
Iustin.
de
males
.
&
mathemat
per
tot
.
●
.
qui●unq●e
C.
eodem
L
mathematico
●
.
de
Episc.
audient
.
No●ell
Leonis
Let
them
bee
lyable
to
such
punishments
as
our
Iudges
shall
thinke
fit
,
according
as
the
case
shall
require
,
to
whom
the
cognizance
hereof
shall
appertaine
,
and
wherewith
wee
charge
them
upon
their
honours
and
consciences
.
If
any
man
say
that
matrimoniall
causes
belong
not
to
Ecclesiasticall
Iudges
,
let
him
be
accursed
.
Papon
au
re●ueil
●
Arrests
tit
.
de
jurisd
.
eccles.
Art
.
Whether
mariage
be
perfect
and
consummate
by
words
of
the
future
or
of
the
present
,
Whether
the
contract
was
made
by
words
of
the
present
,
or
of
the
future
,
Papon
au
mesme
lieu
art
Papon
ibid.
art
Imbert
in
enchir
.
in
verbo
matrimonii
controversi
.
Papon
au
tit●e
de
la
jurisdict
.
temporelle
art
.
Droict
de
patronat
Gloss
in
ca●llteras
Extra
.
de
juram
.
calum
c.
quanto
.
Extra
.
de
judic
.
Papon
tit
de
jurisd
.
eccles.
Art
.
Papon
au
titre
de
la
jurisdict
.
temporelle
art
.
G●ido
Pape
decis.
Papon
titre
de
la
jurisdiction
temporelle
art
.
Et
titre
des
dismos
art.
des
libertez
de
l'Eglise
Gallicane
That
the
Pope
cannot
by
any
provisoes
about
Benefices
,
or
otherwise
,
derogate
from
,
or
prejudice
lay
foundations
,
and
the
rights
of
the
lay
patrons
of
this
Realme
.
de
l'ordonn
.
de
l'an
Papon
tit
.
de
choses
sacreés
Art
.
Papon
ibid.
Art
.
Ludovicus
de
Rambe●g
in
constitutionem
Francisc.
Latam
anno
Idem
Lud.
Ramberg
Iohan.
Gallu●
q.
P.
han
.
Gallu●
q.
That
every
of
the
Iudges
Royall
within
his
Province
,
perceiving
the
ruine
of
Church
livings
by
default
of
allowance
of
meanes
to
such
as
do
divine
service
in
that
place
,
by
the
burthen
of
debts
,
or
the
fall
of
houses
,
proceeding
from
the
negligence
or
ill
usage
of
the
inhabitants
,
that
they
seize
the
fruits
of
them
into
our
hands
.
By
a
triple
division
whereof
they
shall
provide
for
the
three
defaults
above
mentioned
,
deputing
certaine
Commissaries
to
that
end
,
by
the
counsell
and
advise
of
the
Abbats
,
Religious
,
or
Ministers
of
the
places
at
indifferent
charges
,
who
shall
give
accounts
of
the
remainder
,
and
restore
it
unto
those
to
whom
it
shall
appertaine
.
Papon
tit
.
des
choses
sacrees
,
art.
Tit.
de
la
jurisdict
.
temp.
art.
the
granting
the
seisure
of
the
moveable
goods
of
a
certaine
Clerke
condemn'd
in
a
personall
action
,
considering
that
those
goods
were
not
within
his
episcopall
Iurisdiction
.
That
by
the
bailiffes
,
stewards
and
Presidiall
Iudges
,
every
one
in
his
owne
power
and
jurisdiction
a
sufficient
number
of
the
said
Notaries
shall
bee
adjudg'd
and
limited
.
That
they
make
choise
of
the
most
able
and
sufficient
within
their
jurisdiction
to
the
number
by
them
determined
.
Peter
de
Cugneres
Cap.
exparte
de
Cleric
.
Conjugat
.
In
Cap
uni
.
de
Clerici●
Conjug
.
in
L.
quamvis
&
se●●
.
C.
ad
legem
Iuliam
de
adult
.
Papon
.
tit
.
de
adult
.
&
Francis
.
tit
.
de
Public
.
Concubin
.
Peter
de
Cugneres
Gil.
le
Maistre
au
t●aitte
des
appellat
.
com
.
d'
ab
chap.
The
Arrests
of
married
whoremongers
In
slylo
Cur.
Parl.
part.
Gilles
le
Mais●re
au
traicte
des
Appellatione
comme
d'abus
.
chap.
Giles
le
Maistre
Gilles
le
Maistre
ibid.
●ine
curâ
Besides
the
said
Divinity
Prebend
,
another
Prebend
or
the
revenewes
thereof
shall
bee
assign'd
for
the
maintenance
of
a
Schoolemaster
,
who
shall
be
bound
in
the
meane
time
to
teach
all
the
youth
of
the
City
without
any
wages
.
Which
Schoolemaster
shall
be
chosen
by
the
Archbishop
or
Bishop
of
the
place
,
calling
in
the
Canons
of
the
Church
,
together
with
the
Maiors
,
Sheriffes
,
Councellors
,
or
Capitons
of
the
City
,
and
to
bee
put
out
by
the
said
Archbishop
or
Bishops
,
with
the
advice
of
them
aforesaid
.
Voyez
le
recuell
des
Ordonn
.
de
Fonta●on
.
Tom.
des
pragmatiq
.
Sanct.
chap.
Melune
,
Anno
Ordon
.
de
Hen.
faite
à
Melun
en
l'ann●e
Ordon
.
du
roy
Charles
faite
au
chafteau
de
Bologne
les
Paris
le
Ordon
.
de
Bloi●
art.
C'est
la
me
sine
du
chafteau
de
Bologne
.
All
suits
concerning
tithes
and
the
right
of
them
wee
have
for
the
present
remitted
to
the
ordinary
Iudges
of
every
Province
,
to
whom
the
cognizance
thereof
shall
appertaine
,
and
over
which
we
have
given
them
full
jurisdiction
.
Wee
grant
unto
our
Court●
of
Parliament
the
cognizance
of
such
suits
as
shall
arise
hereabout
,
every
one
within
their
owne
circuit
.
Molineu●
in
consuetud
.
Paris
That
tithes
holden
in
see
belong
to
the
jurisdiction
of
the
secular
Iudge
,
exclusively
to
the
Ecclesiasticall
.
Edict
de
Mel●●
de
l'an
Edict
.
de
Cremien
.
art.
Edict
du
moiis
de
Iuin
.
de
l'an
Edict
de
Iuillet
de
l'an
Francis
ann.
That
the
Prelats
and
Clergy
shall
be
maintained
in
their
right
which
they
have
of
looking
to
the
administration
of
Hospitals
and
Spittles
,
and
taking
the
accounts
of
their
revenues
:
The
most
eminent
inhabitants
,
&c.
being
called
thereunto
In
ali●●
Can.
They
give
occasion
to
the
persons
exempted
to
live
more
dissolutely
,
and
more
at
their
libertie
.
That
they
take
away
the
reverence
and
obedience
which
the
exempted
owe
unto
their
Prelates
and
Ordinaries
;
and
make
them
thinke
themselves
as
good
men
as
the
Bishops
,
and
other
their
superiours
:
●●il
.
Durant
.
Tit.
prim
.
part
.
tract
.
de
modo
celebrandi
Conc.
General
.
That
the
correction
and
punishing
of
faults
and
excesses
,
is
hereby
●indred
and
brought
to
nothing
:
That
they
are
prejudiciall
to
the
whole
Church
Catholique
,
inasmuch
as
the
exempted
cannot
bee
judged
but
by
the
Pope
,
and
hee
cannot
doe
it
by
reason
of
his
remotenesse
from
them
:
That
they
rob
men
of
the
meanes
of
doing
many
good
works
in
religion
:
That
they
are
the
cause
of
many
scandals
:
That
those
to
whom
they
are
granted
,
abuse
their
priviledges
:
That
they
draw
after
them
the
ruine
of
Monasteries
,
being
rather
a
burthen
than
an
honour
or
profit
to
them
.
William
Durant
Bernard
.
lib.
de
considerat
.
ad
Eugenium
are
exempted
from
the
jurisdiction
of
their
Bishops
,
Bishops
from
their
Archbishops
,
Archbishops
from
their
Patriarchs
or
Primats
.
Does
this
manner
of
dealing
seeme
good
to
you
?
It
were
strange
if
it
could
bee
excused
,
or
if
there
were
any
need
of
it
.
In
so
doing
you
shew
that
you
have
plenitude
of
power
,
but
perhaps
not
of
justice
.
de
Alliaco
Petrus
de
Alliaco
ca.
de
reform
Eccles.
That
many
devout
zealous
men
in
the
Church
have
a
long
time
complained
of
them
:
as
in
a
booke
by
him
directed
to
Pope
and
others
.
Iohn
Iohan.
de
Paris
.
in
tractat
.
de
potestat
.
Reg.
&
Pap.
c.
It
is
also
to
bee
considered
that
Saint
reproves
the
Pope
for
troubling
the
state
of
the
Church
,
by
exempting
Abbats
,
and
others
subject
to
Bishops
,
submitting
them
to
himselfe
immediatly
.
Guil.
Durant
.
eod.
loc.
That
the
Pope
hath
no
power
to
grant
such
exemptions
,
considering
that
they
overthrow
the
generall
order
of
the
Catholique
Church
which
proceeds
from
God●
the
Apostles●
the
holy
fathers
,
and
generall
Councels
;
and
which
was
approved
and
confirmed
by
Popes
:
that
by
this
order
all
the
Monasteries
,
religious
places
,
Abbats
,
Abbesses
,
Monkes
,
and
Nunnes
,
and
all
other
religious
,
and
Ecclesiasticall
persons
,
are
immediately
subject
to
the
government
and
guidance
of
Bishops
within
their
Cities
and
Dioceses
,
as
unto
their
superiours●
the
Apostles
successours
,
and
such
as
have
power
and
authority
over
them
.
Can.
ult.
&
ibi
glos
.
dist.
can
.
lice●
,
dist.
can
.
si
quis
Abbas
.
can
.
cognovimu●
.
can
.
in
nullo
.
can
.
monasteria
.
can
.
visitandi
.
can
.
non
semel
per
totam
can
.
qui
vere
&
can
.
sacrae
●ad
.
caus
.
q.
can
.
El●ateriu●
.
&
can
ser●itium
can
.
in
venditionib.
can
.
Abbatib.
cap.
de
synodoch
.
ext
.
de
religio
.
domib
.
cap.
per
tuas
.
cap.
omnis
cap.
quod
.
super
his
.
de
maior
.
&
o●ed
.
Marsilius
Patavinus
in
def.
Pac.
part●
The
Pope
absolveth
all
the
Prelats
and
superiour
orders
from
the
power
,
care
,
and
correction
of
their
superiours
:
as
Archbishops
from
the
jurisdiction
of
their
Patriarchs
.
Bishops
from
the
Archbishops
,
Chapters
or
Colledges
of
Clergy
men
from
their
Bishops
,
as
also
Abbats
and
Priours
of
Monks
,
and
now
of
late
(
I
wish
it
were
without
a
great
deal
of
mischief
)
the
Religious
called
of
the
Order
of
Povertie
;
putting
them
all
,
by
a
kind
of
subversion
of
all
order
,
under
his
immediate
care
and
correction
,
without
any
evident
necessity
,
but
rather
upon
a
notorious
greedinesse
of
increasing
suits
:
beating
his
braines
to
make
the
fees
runne
to
him
wards
,
to
spoile
the
Prelates
,
and
inslave
them
unto
him
so
much
the
more
.
No
man
is
ignorant
of
the
insolence
which
proceeds
from
hence
.
For
these
exempted
persons
having
not
their
superiours
at
hand
grow
contumacio●●
,
disobedient
and
irreverent
towards
those
to
whom
they
ought
of
right
to
bee
subject
;
taking
from
hence
matter
and
occasion
of
offending
more
freely
both
against
them
and
others
.
Nicholas
de
Clemangiis
Nicol.
de
Cle●
.
in
libello
de
ru●●
.
et
reparat
.
Eccles.
five
de
corrupto
Eccles.
statu
cap
To
the
end
that
they
may
freely
and
with
impunitie
commit
all
kinde
of
wickednesse
which
a
soule
is
capable
of
;
they
are
exempted
from
all
the
correction
and
discipline
of
their
Prelates
,
by
paying
a
great
ransome
.
Having
committed
all
these
frauds
and
rapines
,
there
is
no
body
to
punish
them
,
for
the
poore
can
have
no
accesse
to
the
Pope
,
who
is
the
sole
Iudge
which
many
of
them
brag
to
have
.
Iohn
Gerson
Iohan
Gerson
part
.
in
declarat
.
de●ectuum
vir●●
Eccles.
num.
whether
the
too
large
exemption
and
priviledge
of
some
men
bee
profitable
or
no
,
and
whether
the
avoidance
of
the
correction
of
the
Ordinaries
granted
unto
them
be
commodious
.
in
aliis
can
In
as
much
as
from
all
antiquity
they
were
not
granted
,
save
onely
by
our
Kings
and
Princes
,
or
by
the
Popes
at
their
instance
,
and
upon
very
weighty
and
important
considerations
.
For
as
much
as
no
Monastery
,
Church
,
Colledge
,
or
other
Ecclesiasticall
body
can
be
exempted
from
their
Ordinary
,
so
as
to
say
they
depend
immediately
upon
the
holy
See
,
without
the
Kings
leave
and
permission
.
Of
the
liberties
of
the
Gallicane
Church
.
as
Delegates
for
the
See
Apostolique
.
To
be
immediately
subject
to
this
See
,
and
totally
exempt
from
the
jurisdiction
of
all
Ordinaries
and
Delegates
,
and
all
other
Iudges
,
as
wee
also
by
virtue
of
these
presents
exempt
them
from
them
.
Petrus
Ribadeneira
lib.
de
vita
Ignatii
cap.
Wee
ordaine
and
declare
that
all
these
things
and
every
one
of
them
shall
remaine
firme
and
stable
for
ever
,
and
shall
bee
inviolably
observed
and
kept
:
and
that
they
shall
be
so
judged
,
expounded
,
and
decided
by
all
Iudges
and
Commissaries
,
by
what
authority
soever
established
:
depriving
all
and
every
one
of
them
of
any
power
of
judging
and
expounding
them
otherwise
.
And
for
as
much
as
it
happens
now
and
then
that
upon
fained
causes
,
In
aliis
Sess.
which
yet
seeme
probable
enough
,
some
extort
such
pardon●
whereby
the
punishments
inflicted
upon
them
are
either
totally
remitted
,
or
àbated
:
seeing
it
is
intolerable
that
a
lye
,
which
displeaseth
God
so
much
,
should
not
onely
bee
unpunished
it selfe
,
but
also
procure
pardon
for
another
offence
to
the
lyar
:
therefore
it
determines
and
decrees
as
followes
,
That
the
Bishop
residing
upon
his
Church
,
may
by
himselfe
,
as
Delegate
for
the
See
Apos●olique
,
take
the
cognizance
even
summarily
,
of
any
subreption
or
obreption
of
pardon
obtained
by
false
petitions
for
the
absolution
from
any
publique
crime
or
offence
which
he
had
taken
into
his
inquisition
,
or
remission
of
the
punishment
whereunto
the
delinquent
was
by
him
condemned●
and
the
said
pardon
not
admit
,
after
it
shall
appeare
that
it
was
procured
either
by
false
information
,
or
concealment
of
the
truth
.
Vid.
titulos
de
poenitentiis
&
〈…〉
lib.
D●c●etal
.
in
extravagant●
Cap.
super
literis
extra
.
de
rescrip●
.
Le●
rescrip
.
C.
de
precib●
Imp.
offer
.
Gratian.
caus
.
in
fin
To
use
it
in
such
things
as
are
not
contrary
,
derogatory
,
nor
prejudiciall
to
the
rights
and
prerogatives
of
the
King
and
Kingdome
,
nor
against
the
sacred
Councels
,
the
lawes
of
the
Vniversities
,
the
liberties
of
the
Gallicane
Church
,
and
the
Ordinances
royall
.
Bellarm.
Tom.
Benedict
.
in
cap.
Raynutius
in
verb.
et
uxor
nom
Adilus
.
Papon
tit
.
de
grac.
art.
des
libertez
de
l'Eglise
Gallic
that
the
Pope
cannot
restore
Clergy
men
to
their
former
state
,
so
as
to
free
them
from
the
infamy
which
they
have
incurred
:
nor
lay
men
,
unlesse
it
be
to
receive
them
into
Orders
,
Offices
,
and
Ecclesiasticall
acts
,
and
not
otherwise
.
that
within
this
Realme
he
cannot
pardon
or
remit
the
honorary
amends
adjudged
by
a
lay
man
,
albeit
the
condemnation
were
passed
by
an
Ecclesiasticall
Iudge
,
and
that
against
a
Clerke
,
as
making
such
honorary
condemnation
a
part
of
the
civill
satisfaction
.
Collection
of
the
liberties
of
the
Gallicane
Church
.
It
would
not
be
amisse
that
the
multitude
of
humane
Statutes
and
Decrees
were
lessened
,
and
many
superfluous
ones
cut
off
,
and
that
the
Prelates
would
conforme
their
constitutions
to
the
obligation
of
the
law
of
God
.
The
holy
Councell
hath
thought
good
to
put
secular
Princes
in
mind
of
their
duty
:
Conc.
Trident.
Sess.
trusting
that
they
will
not
suffer
their
Officers
or
inferiour
Magistrates
to
violate
the
immunity
of
the
Church
and
Ecclesiasticall
persons
:
but
that
they
together
with
the
Princes
themselves
,
will
yeeld
due
ob●dience
to
the
sacred
Constitutions
of
Popes
and
Councels
.
Wherefore
it
decrees
and
commands
that
the
sacred
Canons
,
all
Generall
Councels
,
together
with
other
Apostolicall
Ordinances
made
in
favour
of
Ecclesiasticall
persons
and
Ecclesiasticall
liberty
,
and
against
the
violators
thereof
(
all
which
it
●enewes
by
this
present
Decree
)
bee
precisely
observed
by
all
men
.
Cusan
;
Wee
see
an
infinite
number
of
Apostolicall
Ordinances
which
were
never
received
,
not
even
then
when
they
were
made
.
Nicholas
●usan
Eclogae
Bullarum
&
motuum
propriorum
Albericus
de
Rosate
Alberi●us
de
Rosate
in
l.
Bene●a
●enone
C.
de
quad●i●●
.
praescrip.
The
Presidents
of
the
Court
of
by
meanes
of
their
cunning
and
acute
prudence
have
altered
their
Statutes
and
Decrees
according
to
the
varietie
of
the
times
;
sometimes
exalting
their
commands
,
otherwhiles
abasing
them
from
time
to
time
.
But
to
what
end
,
save
onely
insensibly
to
inslave
and
bring
under
their
feet
(
as
they
use
to
make
their
brag
openly
)
all
things
both
celestiall
and
terrestriall
,
spirituall
and
temporall
?
Ludovicus
Bavarus
Aventinus
l●
an●al
Bo●orum
The
Pope
casts
new
projects
in
his
breast
,
how
to
establish
an
Empire
proper
to
himselfe
.
Hee
changeth
the
lawes
,
hee
sets
up
his
owne
,
he
pollutes
,
he
reaves
,
hee
robs
,
hee
cheats
,
yea
he
kils
.
Marsilius
de
Padua
Marsilius
in
part
def.
pa●
.
c
Marke
;
You
make
the
commandement
of
God
of
no
effect
through
your
traditions
Thus
they
doe
which
teach
humane
Decretals
,
which
give
the
Bishop
of
the
power
and
lordship
over
temporal
things
,
and
those
not
Ecclesiasticall
only
,
but
even
Imperiall
and
Royall
,
making
a
mock
of
the
commandement
of
God
.
Idem
part
Gregory
Haymbourg
a
German
Gregorius
Haymburg
.
in
confut
p●imat
.
Pap.
Confi
.
l.
princip
Marsilius
;
Their
Decret
was
publiquely
composed
under
to
which
,
howbeit
there
be
much
hay
and
straw
of
the
Pope
,
mingled
with
the
authorities
of
Saints
,
some
notwithstanding
give
so
much
reverence
,
as
it
seemes
the
Gospel
were
contained
in
it
.
And
from
thence
carnall
Popes
have
arrogated
to
themselves
by
virtue
of
this
Decree
(
as
an
authenthentique
book
)
not
of
the
Gospel
,
a
plenitude
of
power
.
Afterwards
the
third
compiled
the
Decretals
,
for
the
better
defending
of
their
plenitude
of
power
.
And
whatsoever
they
could
wrest
from
factious
and
schismaticall
Kings
and
Emperours
,
that
they
have
transcribed
into
the
sixth
book
of
the
Decre●als
,
and
into
the
Clementines
,
as
rights
bestowed
upon
them
by
Christ
.
In
epist
ad
Archiepise
.
〈◊〉
episcopos
Galliae
.
quoe
ext●t
To.
Biblioth.
Patru●
Et
in
Can
Si
Romanorum
dist.
some
of
you
have
writ
that
these
Decretals
of
ancient
Popes
cannot
be
found
enrolled
in
all
the
bodie
of
the
Code
of
Canons
(
notwithstanding
that
they
use
them
without
distinction
when
they
make
for
their
purpose
,
)
and
maintaine
that
they
ought
not
to
be
received
now
so
to
impaire
the
power
of
the
See
Apostolique
,
and
augment
their
owne
priviledges
.
If
they
say
then
that
the
Decretall
Epistles
of
the
ancient
Popes
of
ought
not
to
bee
admitted
,
because
they
are
not
inserted
in
the
Code
of
Canon
;
neither
should
any
edict
or
rescript
of
Saint
be
received
;
nor
of
any
other
either
before
or
after
him
,
because
they
cannot
bee
found
in
the
Code
of
Canons
.
Clement
,
Anaclet
,
Evaristus
,
Alexander
,
Telesphor●s
,
Vid
Can.
de
libellis
dist.
Sylvester
,
Syricius
,
Innocent
,
Zo●imus
,
Celestine
,
Leo
,
Gelasius
,
Hilarie
,
Symmachus
,
Hormisdas
,
Simplicius
,
Brittaine
;
That
these
were
the
Canons
which
were
received
in
Ecclesiasticall
judgements
He
meanes
the
Canons
and
rules
contained
in
the
which
the
Bishops
of
were
wont
especially
to
use
in
judgements
.
Matth
Paris
.
in
Henrico
Et
Matth.
Westmonast
.
●n
in
part
.
sub
ann.
They
doe
so
annull
the
Secular
jurisdiction
by
their
lawes
,
that
the
children
of
servants
are
made
Iudges
of
free
men
and
their
children
;
howbeit
according
to
the
ancient
and
Secular
lawes
,
they
ought
rather
to
be
judged
by
us
:
and
they
should
not
derogate
from
the
customes
of
their
predecessours
,
by
their
upstart
constitutions
;
so
as
they
make
us
in
a
worse
state
than
God
made
the
Gentiles
,
when
he
said
,
Give
unto
the
things
which
are
and
to
God
the
things
which
are
Gods
.
The
Vergers
dreame
I
hold
it
therefore
a
frivolous
thing
,
and
very
ridiculous
,
that
the
holy
Father
should
make
any
Decree
,
Decretal
,
or
Constitution
about
temporall
matters
.
Cordinalis
de
Alliaco
in
tract●
de
reformat
.
Eccles
cons●d
.
For
the
third
grievance
which
hee
imposeth
upon
other
men
by
the
heavie
multitude
of
his
Statutes
,
and
Canons
,
and
Decretals
,
those
mainly
which
seeme
to
binde
over
to
grievous
punishments
,
and
especially
to
mortall
sins
,
should
be
taken
order
with
.
Nicol.
de
Clem.
in
l.
deruina
&
reparat
.
Eccles.
Nicholas
de
Clemangiis
Du
Tillet
en
l'
advis
sur
les
libertez
de
l'
eglis●
Gallicane
p.
Not
to
suffer
the
Pope
to
make
any
Ordinances
about
things
belonging
to
his
Kingdome
,
without
the
counsell
of
him
and
his
,
nor
any
new
and
unwonted
thing
to
be
brought
in
thither
Iohn
du
Tullet
Francis
Duarenus
Cynus
Pistoriensis
The
other
volumes
is
the
Decretals
containing
the
epistles
of
diverse
Popes
of
called
Decretals
.
In
which
volume
of
Decretals
wee
finde
many
things
which
degenerate
much
from
that
ancient
discipline
delivered
in
Decret
;
and
thence
rose
that
common
proverb
amongst
them
,
That
it
was
never
a
good
world
since
the
Decret
tooke
wing
and
flew
away
.
Philibert
Bugnon
Bugnon
livr●
Thus
the
Decretals
were
brought
in
,
received
and
admitted
by
all
Christendome
;
before
which
the
Court
of
never
received
those
bafling
disputes
which
encrease
from
day
to
day
.
Therefore
Mr.
said
not
without
cause
in
his
merry
Pantagruell
by
way
of
a
common
proverbe
Alphonsus
de
Castro
in
exord
.
dist.
Hostiensis
.
Ioannes
Andr●as
Cardinalis
Florentinus
in
can
.
ult.
Extra
.
de
precar
Albericus
in
Lexico
.
in
verbo
Gratian.
Felin
.
in
.
c.
de
rescript
Petrus
de
Ferrariis
in
tit
.
forma
inquisit
.
super
verb●
hae●
est
quaed
.
&
alii
ci●tati
à
Tiraquel
la
in
tract
.
de
nobilit
,
cap.
Francis
.
Duarenus
in
prol●
lib.
de
minist.
Eccles.
Stanislaus
Hosius
lib.
Stanislaus
Hosius
We
doe
not
see
whence
it
comes
to
passe
that
hath
set
out
this
fable
,
but
he
that
shall
read
his
workes
attentively
will
finde
that
he
hath
pumped
more
from
the
rivers
and
other
compilers
than
from
the
fountaines
.
Vid.
Tiraquellem
in
tract
.
de
nobilit
.
cap
Platina
in
Greg.
Blondus
&
Platina
Rome
.
Gregory
Cap.
Roman
de
jurejur
.
in
Clementin
.
Martinus
Polonus
lib
in
Clemente
sub
ann.
Mutius
German
.
Chron.
lib.
Et
Albertus
Argentinensis
in
Chron.
Ludovicus
Bavarus
Nau.
ler.
tom
Concil.
Trid.
Sess.
sub
fin
The
holy
Councell
in
the
second
Session
holden
under
our
holy
Father
the
fourth
,
made
a
committee
to
certaine
select
Fathers
that
they
should
consider
what
was
requisite
to
be
done
concerning
divers
censures
and
suspected
or
pernicious
books
,
and
that
they
should
make
report
thereof
to
the
holy
Councell
;
hearing
now
that
they
have
finished
th●s
worke
,
and
seeing
that
by
reason
of
the
multitude
and
variety
of
bookes
it
cannot
bee
distinctly
examined
by
the
holy
Synod
;
it
therefore
commands
that
whatsoever
hath
beene
done
by
them
in
this
particular
bee
presented
to
the
most
holy
Pope
of
to
be
concluded
and
set
out
by
his
judgement
and
authority
.
Beneficia
non
sunt
restringenda
Index
expurgatorius
Laurence
Sonnius
The
Index
of
bookes
prohibited
,
with
the
rules
made
by
the
Fathers
select
by
the
Councell
of
first
published
by
the
authority
of
the
fourth
,
afterwards
augmented
by
the
fift
,
and
now
lastly
revised
and
set
forth
by
the
command
of
our
holy
Father
the
eight
Peter
de
Vinei●
William
Occam
Antonius
de
Rosellis
Of
schismes
which
should
bee
taken
away
by
the
Emperours
authority
,
A
dispute
betwixt
the
Clerke
and
the
Souldier
,
Peter
de
Ferrariis
AEneas
Sylvius
Of
the
Ecclesiasticall
and
Civill
Lawes
of
the
Emperour
What
manner
of
power
it
is
that
belongs
to
Kings
.
Francis
Guicciardine
Iohn
Cuspinian
Flowers
of
Histories
Matthew
Westminster
,
an
English
Claudius
Espenseus
Marguarinus
de
la
Bigne
Tours
,
Ado
Vienna
,
Sigebert
AEneas
Sylvius
Nicholas
de
Clemangiis
Fasciculus
rerum
expetendarum
&
fugiendarum
We
excommunicate
and
anathematize
all
and
every
one
,
the
Magistrates
,
Counsellours
,
Presidents
,
Auditours
,
and
other
Iudges
by
what
name
soever
they
bee
called
,
the
Chancelours
,
Vicechancelours
.
Notaries
,
Registers
,
and
Executours
,
their
servants
and
others
which
have
any
thing
to
doe
,
in
what
sort
or
manner
soever
,
with
capitall
or
criminall
causes
against
Ecclesiasticall
persons
,
in
banishing
or
arresting
them
,
passing
or
pronouncing
sentence
against
them
,
and
putting
them
in
execution
,
even
vnder
pretence
of
any
priviledges
granted
by
the
See
Apostolique
,
upon
what
causes
,
and
in
whattenor
and
forme
soever
,
to
Kings
,
Dukes
,
Princes●
Republiques
,
Monarchies
,
Cities
,
and
other
Potentates
,
by
what
name
and
title
soever
they
be
called
,
which
we
will
not
have
to
be
usefull
for
them
in
any
thing
,
repealing
them
all
from
henceforth
,
and
declaring
them
to
bee
nullities
.
Wee
excommunicate
all
and
every
the
Chancelours
,
Vicechancelours
,
Counsellours
,
ordinari●
and
extraordinarie
,
of
all
Kings
and
Princes
,
the
Presidents
of
Chanceries
,
Counsels
,
and
Parliaments
,
as
also
the
Atturneyes
generall
of
them
and
other
Secular
Princes
thogh
they
be
in
dignitie
Imperiall
,
Royall
,
Du●all
,
or
any
other
by
what
name
soever
it
be
called
:
and
other
Iudges
as
well
ordinarie
as
by
delegation
:
as
also
the
Archbishops
,
Bishops
,
Abbats
,
Commendatories
,
Vicars
and
Officials
,
who
by
themselves
,
or
by
any
other
,
under
pretence
of
Exemptions
,
letters
of
grace
,
or
other
Apostolicall
letters
,
doe
summon
before
them
our
Auditours
,
Commissaries
,
and
other
Ecclesiasticall
Iudges
,
with
the
causes
concerning
benefices
,
tithes
and
other
spirituall
matters
,
or
such
as
are
annexed
to
them
;
and
hinder
the
course
of
them
by
any
lay
authoritie
,
and
interpose
themselves
to
take
cognizance
of
them
in
the
qualitie
of
Iudges
.
ejusd
.
Bullae
ejusd
.
Bullae
Index
expurgatorius
Hugh
Capet
Waldenses
,
Albigenses
Lyons
,
Lutherans
Concil.
Trid.
cap.
over
such
things
as
quicken
the
Spirit
,
or
have
beene
given
by
the
Holy
Ghost
;
as
namely
the
word
of
God
,
and
the
mystery
of
the
kingdome
of
heaven
ad
Corinth
.
c.
If
we
have
sowne
unto
you
spirituall
things
,
is
it
a
great
thing
if
we
shall
reape
your
carnall
things
?
Iesus
Christ
Ad
Timoth.
Rom.
Ambros.
vid.
Mar●il
.
pag.
Although
thou
have
the
spirituall
Empire
to
command
in
that
which
is
spirituall
,
yet
notwithstanding
he
adviseth
them
to
be
subject
to
Kings
,
Princes
,
heads
,
and
their
Magistrates
,
because
the
Christian
religion
deprives
no
man
of
his
right
.
Gloss.
secund.
August
,
Marsi●
.
pag.
For
feare
lest
the
name
of
God
bee
blasphemed
,
as
invading
that
which
belongs
unto
another
,
and
lest
it
should
be
thought
that
the
doctrine
of
Christianity
,
as
injust
,
did
preach
any
thing
against
the
civill
lawes
.
Ch●ysost
.
lib.
dialog.
cap.
That
in
the
Church
we
should
betake
our selves
to
well
doing
freely
and
willingly
,
not
by
constraint
.
Because
the
lawes
have
not
given
us
any
such
power
as
that
wee
should
punish
mens
offences
by
authority
●f
a
judiciall
sentence
.
Which
power
and
dignity
seemes
greater
to
you
,
that
of
remitting
sinnes
,
or
dividing
inh●●itance
?
low
and
terrestriall
matters
have
Kings
and
Princes
of
the
earth
for
their
Iudges
.
Why
doe
you
incroach
upon
another
mans
bounds
?
Claudius
Espenseus
Claudius
Esp●●seus
Theologus
●arisiens
.
in
●omment
.
in
●pis●
.
ad
●●●um
cap
The
Apos●le
conforming
himselfe
to
the
patterne
and
answer
of
our
Saviour
,
instructeth
beleevers
to
be
subject
to
the
powers
and
priviledges
of
this
world
.
hath
observed
that
such
admonitions
were
necessary
at
that
time
;
first
to
remove
the
errour
of
the
who
beleeved
that
they
ought
not
to
obey
the
commandements
of
men
:
In
the
second
place
that
they
might
not
make
any
disturbance
in
the
Church
.
Which
some
troublesome
fellowes
not
observing
,
it
is
a
wonder
to
see
the
hubbub●
which
they
have
raised
on
both
sides
,
by
the
controversie
which
they
have
moved
betwixt
the
Kingdome
and
the
Priesthood
.
There
went
many
hundred
yeares
after
Saint
before
this
filthy
never
suspecting
that
any
such
thing
would
come
to
passe
,
did
simply
expound
those
words
Though
(
saith
he
)
thou
be
an
Apostle
,
an
Evangelist
,
a
Prophet
,
a
Priest
,
or
a
Monke
.
And
his
interpretation
was
followed
by
and
other
the
first
,
ca●●ed
the
Great
,
did
freely
confesse
that
God
had
granted
the
Emperour
the
rule
not
onely
over
the
men
of
warre
,
but
also
over
Clergy
men
.
And
who
lived
a
long
time
after
them
,
in
his
Epistle
written
to
Archbishop
of
makes
this
inference
and
yours
too
.
Who
hath
excepted
you
out
of
this
generality
?
If
any
man
goe
about
to
except
you
,
he
goes
about
to
deceive
you
.
Beleeve
not
such
counsels
,
&c.
C.
de
episc
.
audient
Valens
,
Gratian
L.
qui
mos.
C.
Theod.
de
episc
.
Eccles.
et
Cler.
L
ult.
C.
Theod.
eod.
L
ult.
C.
Theod.
de
episc
judic
.
L.
cum
Clerici●
.
C.
de
episc
.
&
Cler.
L.
decernimus
C.
de
episc
.
audi
.
L.
Omnes
C.
de
episc
.
audient
.
L.
jubemus
.
§
omes
.
C.
de
episc
.
and
.
Iustinian
.
Novell.
Idem
Novell.
Idem
Novell.
C.
Th.
de
episc
.
judi●
.
Sidonius
epist.
L.
Si
quis
ex
consensu
.
C.
de
episc
.
audient
.
L.
episc
.
C.
eod
In
§.
haec
si
qui●
post
Can.
omnes
.
Caus.
De
Episcopali
judicio
:
Iustinian
Carolus
Magnus
in
capitul
.
lib.
Can.
qui●un●ue
Can.
Omnes
.
Can.
Volumus
.
Caus.
Philip
Augustus
Cap
novit
de
judiciis
extra●
Germany
,
England
,
France
That
the
authoritie
of
sacred
religion
,
invents
and
finds
out
many
meanes
of
allaying
suits
,
which
the
ties
and
formes
of
captious
pleadings
will
not
admit
of
.
That
the
judgements
of
Bishops
are
true
and
uncorrupted
.
That
this
is
the
ch●aking
of
those
malicious
seeds
of
suits
;
to
the
intent
that
poore
men
intangled
in
the
long
and
lasting
snares
of
tedious
actions
,
may
see
how
to
put
a
speedy
end
to
those
unjust
demands
which
were
proposed
to
them
.
Francisc.
Duarenus
.
l.
de
Sacro
Eccl.
minist
c.
That
the
conditions
of
the
Bishops
being
changed
,
both
these
constitutions
grew
out
of
use
,
as
it
is
credible
.
Ordon
.
de
l'an
By
what
law
doe
you
except
the
goods
of
the
Church
?
by
divine
law
or
humane
?
The
divine
law
we
have
in
the
Scriptures
,
and
the
humane
in
the
lawes
Imperiall
.
That
which
every
man
possesseth
,
doth
he
not
possesse
it
by
the
humane
law
?
Humane
lawes
are
the
lawes
of
the
Emperours
;
for
God
hath
dispensed
humane
lawes
amongst
mankinde
by
the
mediation
of
the
Emperours
and
Kings
of
this
world
.
Take
away
the
Imperiall
law
,
and
who
dare
say
this
possession
is
mine
?
This
servant
is
mine
?
This
house
belongs
to
mee
?
If
the
Royall
lawes
have
ordained
that
these
things
should
bee
holden
and
possessed
by
men
,
would
you
have
us
to
conceale
the
law
,
that
so
you
might
enjoy
them
?
Let
those
lawes
be
read
where
the
Emperours
have
commanded
expresly
,
that
those
who
usurpe
the
name
of
Christians
,
unlesse
they
bee
within
the
communion
of
the
Catholique
Church
,
cannot
possesse
any
thing
in
the
name
of
the
Church
.
But
(
say
you
)
what
have
we
to
doe
with
the
Emperour
?
I
have
told
you
already
that
the
question
is
here
of
the
law
humane
,
and
the
Apostle
himselfe
would
have
all
men
to
bee
subject
to
Kings
,
and
Kings
to
be
honoured
.
And
hath
said
,
Have
Kings
in
reverence
.
Say
not
you
then
,
What
communion
is
there
betwixt
mee
and
the
King
?
otherwise
it
will
be
said
unto
you
,
What
communion
is
there
betwixt
you
and
your
possessions
?
They
are
enjoyed
by
the
constitutions
of
Kings
.
You
say
,
What
hath
the
King
to
doe
with
me
?
doe
not
then
call
those
possessions
yours
,
for
as
much
as
you
have
renounced
humane
lawes
,
by
virtue
whereof
such
possessions
are
enjoyed
Can.
hoc
jure
dist.
Anselme
,
Ivo
C.
Theod.
de
haeretic
L.
Episc.
p.
C.
Th.
de
fid
Cath.
L
●uncti
.
C
de
haeret●●i●
.
Gratian
,
Valentinian
For
as
much
as
the
guidance
and
government
of
temporall
things
is
given
unto
Kings
,
and
that
they
are
called
Basilei
,
that
is
,
the
Basis
and
foundation
of
the
people
,
if
at
any
time
they
abuse
their
power
which
is
given
them●
they
must
not
be
too
much
exasperated
by
us
;
onely
when
th●y
refuse
to
obey
our
admonitions
,
they
must
be
let
alone
to
the
judgement
of
God
.
Can.
quoniam
.
dist.
Et
Can.
Cum
ad
verum
.
dist.
When
we
come
to
the
truth
neither
the
Emperour
invades
the
rights
of
the
Popedome
,
nor
the
Pope
the
name
of
the
Emperour
;
forasmuch
as
Iesus
Christ
hath
so
distinguished
the
functions
and
offices
of
either
power
,
by
their
proper
acts
and
severall
dignities
,
that
Christian
Emperours
stand
in
neede
of
Popes
for
their
eternall
life
,
and
Popes
make
use
of
the
Imperiall
lawes
,
yet
onely
in
the
course
of
temporall
things
.
Abbas
Vspergensis
in
Chron.
sub
ann.
Concil.
Tolet.
conc
pag.
Concil.
Tolet.
Conc.
pag.
Synod
.
Suesson
.
Tom
If
any
man
chance
to
transgresse
this
Decree
,
and
to
breake
or
contemne
the
law
which
three
and
twenty
Bishops
,
with
other
Ecclesiastiques
and
servants
of
God
have
enacted
,
with
the
consent
of
Prince
or
the
Counsell
of
the
Peeres
of
let
him
be
judged
by
the
same
Prince
,
or
let
him
compound
the
matter
with
the
Bishops
o●
Iudges
so
as
is
prescrib'd
in
the
same
law
,
every
man
according
to
his
order
.
Synod
.
Mogunt
.
sub
Rhaban
.
c.
Conc.
pag.
Christian
Religion
deprives
no
man
of
his
right
.
D
Bernard
.
lib.
What
did
the
holy
Apostle
leave
you
?
Such
as
I
have
I
give
you
(
saith
he
.
)
And
what
's
that
?
one
thing
I
know
,
that
it
is
neither
silver
nor
gold
;
for
he
himselfe
sayes
,
Silver
nor
gold
have
I
none
.
If
you
chance
to
have
any
,
use
it
;
not
according
to
your
appetite
,
but
for
a
time
.
Grant
that
ye
arrogate
these
things
unto
your selfe
by
some
other
title
,
you
can
never
doe
it
by
the
Apostolique
right
,
for
he
could
not
give
what
he
never
had
.
What
hee
had
he
gave
,
to
wit
the
charge
and
care
over
Churches
.
Did
he
leave
the
Dominion
too
?
heare
himselfe
speake
,
Not
bearing
rule
(
saith
he
)
in
the
Church
;
but
being
brought
under
the
forme
of
a
flocke
.
Ioannes
de
Paris
.
in
tractat
.
de
potest
.
regia
et
Papal●
in
pro.
I
am
of
opinion
that
truth
it selfe
hath
made
a
Medium
here
,
namely
,
that
it
is
not
utterly
impossible
that
Clergie
men
have
dominion
and
jurisdiction
in
temporall
matters
,
but
yet
it
belongs
not
unto
them
by
reason
of
their
profession
and
as
Christs
Vicars
and
the
Apostles
successours
;
but
is
convenient
for
them
to
have
it
by
the
grant
and
permission
of
Princes
,
if
so
be
they
have
bestowed
it
upon
them
out
of
devotion
,
or
if
they
have
got
it
by
other
meanes
.
Idem
Ioannes
de
Paris
cap.
Whence
it
appeares
,
that
seeing
Christ
,
as
man
,
had
no
power
nor
jurisdiction
in
temporall
matters
,
the
Priest
,
(
be
what
be
will
)
hath
not
received
any
power
over
them
from
Christ
;
in
as
much
as
he
did
not
give
unto
them
what
he
had
not
in
himselfe
.
Marsilius
in
de●ensor
.
pacis
ca.
Marsilius
de
Padua
The
Bishops
of
would
enjoy
temporall
matters
immoderately
,
and
without
too
much
right
;
and
yet
notwithstanding
they
will
not
be
subject
to
the
lawes
and
edicts
of
Princes
and
humane
Legislators
,
contrary
to
the
doctrine
and
example
of
Christ
and
his
Apostles
.
Howbeit
for
things
which
belong
not
unto
them
,
when
they
have
them
in
their
power
,
they
should
rather
relinquish
them
than
contest
for
them
.
The
Bishops
of
as
also
all
the
rest
,
having
but
small
regard
to
this
,
if
they
finde
themselves
grieved
at
any
time
by
the
Emperors
in
t●nths
and
subsidies
,
and
other
temporall
charges
for
the
maintenance
of
souldiers
,
then
when
necessity
forceth
them
to
it
,
in
stead
of
acknowledging
the
courtesies
they
have
received
in
these
temporall
matters
,
which
these
Princes
of
have
liberally
imparted
unto
them
,
puffed
up
with
pride
and
ignorance
of
their
owne
condition
,
more
ingratefull
than
the
most
ingratefull
that
ever
were
,
out
of
an
unbridled
presumption
they
fall
into
horrible
blasphemies
and
cursings
,
as
well
against
the
Princes
,
as
against
such
Christians
as
are
subject
to
them
.
Marsilius
part●
We
must
not
be
ignorant
that
the
humane
law-giver
,
or
he
which
rules
by
his
authority
,
may
lawfully
impose
any
taskes
and
collections
upon
the
temporals
of
Ecclesiasticall
men
,
principally
upon
their
lands
and
immoveables
which
we
call
benefices
,
&c.
If
the
Emperour
demand
his
tribute
,
we
doe
not
deny
him
it
.
The
revenues
of
the
Church
pay
tribute
.
Ambros
in
Epist.
de
tradend
.
Basilio
.
Hugo
de
Sancto
Victore
in
tract
.
de
Sacrament
.
Marsil
part
.
Hugo
de
Sancto
Victore
Let
the
Church
know
that
such
possessions
cannot
be
so
farre
alienated
from
the
Royall
power
,
as
that
if
reason
and
necessity
do
require
it
,
the
same
power
needs
not
protect
them
;
or
that
those
possessions
should
not
relieve
him
in
time
of
necessity
.
Marsilius
AEneas
Sylvius
AEneas
Sylvi●●
deortu
&
authorit
.
Imper.
cap.
Barthol
.
Chassaneus
in
part
.
Catalogi
That
the
possessions
of
the
Church
owe
tribute
to
the
Empire
.
Can.
Si
tributum
Can.
magnum
Can.
tributum
L
de
iis
Clericis
.
C
de
Episcop
et
●leri●
.
L.
placet
.
●
.
de
sa●r●sanct
Ec●l
.
L
ad
ins●ructunes
C.
eod
L.
ut
●t
.
L
omnis
Ecclesiarum
.
C.
Th.
de
●pis●●p
.
Eccles.
et
Clerie
L
sub
mus
.
C.
●odem
.
L
neminem
.
C.
●odem
L
●ubemus
C.
eodem
L
●
.
●●●d
.
Cap.
de
immunitat
Eccles.
in
V.
Ioan.
Ferrant
in
tract
de
jurib
.
&
privi
.
reg
Franc.
c.
●ancelot
.
Conrad
in
templo
omn.
judic
.
lib.
de
immunit
.
Eccles.
in
●●
V●notas
ad
d
c.
de
im●●nit
.
Ec●les
.
in
the
Councell
of
at
the
twentieth
chapter
of
the
twenty
fift
Session
,
where
the
priviledges
and
immunities
of
Churches
and
Eclesiasticall
persons
are
renewed
and
confirmed
.
Cap.
Clericis
lutcos
.
de
immunit
Eccles.
Cap
Quod
oli●
de
●●munit
.
Eccles.
lib.
Ioannes
P●trus
de
Ferrariis
in
●orma
libelli
pro
haeredit
.
vel
sin●ul
re
in
verb.
omnis
communio
pag.
We
excommunicate
and
anathematize
all
those
that
receive
the
said
collections
,
taxes
,
tenths
,
&c.
even
of
such
as
give
and
grant
them
willingly
.
Idem
de
Ferrariis
in
form
.
libel
quo
agit
ex
substitut
.
in
verb
ex
suo
corpore
.
V.
Ep.
Leodiens
.
To.
Conc.
in
edition
.
Colon.
p.
If
any
man
search
the
old
and
new
Testament
,
and
the
things
which
have
beene
acted
there
,
hee
shall
evidently
find
that
Kings
and
Emperours
can
no
way
bee
excommunicated
,
or
at
least
very
hardly
:
according
to
the
Etymology
of
their
name
,
and
the
definition
of
excommunication
.
And
the
question
was
never
yet
determined
.
They
may
indeed
bee
admonished
,
rebuked
,
reproved
by
respectfull
and
discreet
persons
,
in
as
much
as
Christ
the
King
of
Kings
hath
reserved
unto
himselfe
the
condemnation
or
absolution
of
those
whom
he
hath
left
to
supplie
his
place
upon
earth
.
They
said
,
and
doe
say
,
with
reproaches
touching
upon
my
meannesse
,
who
have
alwaies
strived
to
the
utmost
of
my
abilitie
and
knowledge
,
to
promote
the
priviledges
of
the
See
Apostolique
,
that
such
a
command
as
this
,
was
never
given
out
from
that
See
to
any
of
my
Predecessours
,
even
in
those
times
when
(
as
every
man
knowes
)
there
were
warres
and
seditions
betwixt
confederate
Kings
living
under
the
same
Sacraments
,
betwixt
the
father
and
the
children
yea
even
betwixt
brethren
.
And
that
wee
never
read
that
the
Popes
of
the
See
Apostolique
,
nor
other
Bishops
of
great
authoritie
and
holynesse
did
ever
withdraw
themselves
from
the
presence
,
or
refused
to
salute
or
conferre
with
hereticall
or
s●hismaticall
Emperours
,
Tyrants
,
or
Kings
,
how
bad
soever
they
were
:
as
the
Apostat
the
tyrant
,
when
occasion
,
place
,
and
the
cause
required
it
,
&c.
And
they
say
that
the
scripture
of
this
age
holds
,
that
every
Kingdome
of
this
world
is
got
by
armes
,
and
enlarged
by
victories
,
and
cannot
be
purchased
by
excommunications
from
the
Popes
,
or
other
Bishops
:
and
they
urge
that
holy
Scripture
saith
,
that
Kingdomes
are
from
the
Lord
;
by
whom
Kings
reigne
;
and
that
by
the
ministerie
of
men
and
Angels
he
confers
them
upon
whom
hee
pleases
.
Waldrada
.
As
hee
cannot
bee
excommunicated
by
his
Bishops
,
whatsoever
his
fact
bee
,
so
cannot
he
bee
judged
by
other
Bishops
.
This
is
the
cause
why
the
Kings
of
cannot
bee
excommunicated
,
by
reason
of
their
priviledge
,
else
their
labour
should
bee
fruitlesse
.
Likewise
their
souldiers
and
their
men
of
warre
,
and
their
Captaines
,
inasmuch
as
they
cannot
offend
by
obeying
them
.
Lancelot
Conrade
Lanc.
Conrad●
Lauden●is
in
templo
omnium
judic
.
lib.
The
King
of
pretends
to
have
this
pr●viledge
,
that
hee
cannot
bee
excommunicated
neither
by
the
Canons
,
nor
by
men
.
As
the
Doctours
collect
in
the
division
of
the
chapter
,
Vbi
Periculum
in
princip.
de
elect
.
in
d'
Amboise
That
the
King
of
cannot
bee
excommunicated
,
that
his
Kingdome
cannot
bee
put
in
interdict
,
as
is
collected
out
of
the
ancient
Registers
.
He
absolved
the
Faire
King
of
from
the
sentence
of
excommunication
given
out
against
him
by
his
predecessour
,
without
being
desired
to
it
.
Nicholas
Gille
I
say
confidently
and
boldly
,
that
if
a
Bishop
of
hath
offended
against
his
brother
,
and
will
not
give
eare
to
the
admonitions
which
should
bee
divers
times
given
by
the
Church
,
I
say
that
same
Bishop
of
by
the
commandement
of
God
,
must
bee
accounted
as
an
Heathen
and
a
Publicane
:
For
by
how
much
the
degree
is
higher
,
by
so
much
the
fall
is
greater
.
But
if
hee
account
us
unworthie
of
his
communion
,
forasmuch
as
none
of
us
will
consent
with
him
in
that
which
is
against
the
Gospel
,
hee
cannot
therefore
separate
us
from
the
communion
of
Christ
.
We
should
not
therefore
give
this
advantage
to
our
ill-willers
,
as
to
make
the
Priesthood
,
which
is
but
one
in
all
places
,
as
the
Catholique
Church
is
but
one
,
seeme
to
bee
subject
to
one
man
only
;
in
such
sort
,
that
if
hee
be
corrupted
by
money
,
or
favour
,
or
fear
,
or
ignorance
,
no
man
can
bee
Priest
but
hee
that
shall
be
commended
unto
him
by
such
virtues
as
these
.
If
the
Royall
power
doe
receive
any
delinquents
into
favour
,
or
admit
them
to
his
table
,
they
shall
be
likewise
received
into
the
assemblies
of
the
people
and
Clergy
in
Ecclesiasticall
communion
;
to
the
intent
that
the
ministers
of
God
may
not
reject
what
the
pietie
of
the
Prince
doth
admit
.
Ivo
ep.
Ivo
ep.
sho●ld
not
bee
exasperated
by
us
:
but
in
case
they
will
not
rest
quiet
for
all
our
admonitions
,
they
must
be
left
to
the
divine
judgement
.
Hence
it
is
that
wee
read
in
the
Capitularie
Royall
,
concluded
upon
by
the
authoritie
of
the
Bishops
:
If
the
Royall
power
,
&c.
Iohn
Andreas
〈◊〉
that
is
no
Kings
sonne
should
succeed
in
a
Kingdome
,
where
such
a
proviso
is
made
;
as
suppose
in
the
Kingdome
of
at
this
present
,
the
Kings
brethren
shall
not
enjoy
this
priviledge
.
But
when
,
according
to
the
ordinarie
custome
,
the
eldest
succeeds
in
the
Kingdome
,
and
hath
brethren
by
the
fathers
side
,
they
enjoy
this
privildge
,
forasmuch
as
they
are
children
of
the
same
head
.
By
any
man
whatsoever
à
latere
Concil.
Trid.
Sess.
That
as
well
within
the
Church
as
without
,
having
before
their
eyes
their
place
and
order
,
they
should
ever
remember
that
they
are
Fathers
and
Pastours
.
And
as
for
Princes
and
all
others
,
that
they
doe
fatherly
honour
and
due
reverence
to
them
.
Cap.
Solitae
.
extr●
.
de
majorib
.
&
obedient
.
See
here
the
Councell
of
in
the
twenty
fift
Session
,
and
seventeenth
Chapter
of
reformation
.
Set
here
an
argument
to
prove
that
the
Emperour
is
inferiour
to
a
Bishop
,
and
that
he
may
bee
excommunicated
by
a
Bishop
.
Can.
Si
Impe●ator
.
dist.
Cap.
Omnis
.
extra
.
de
major
.
et
obedient
.
pag.
Iohn
Andreas
In
other
copies
it
is
fifty
times
seven
times
.
But
for
the
quantity
of
the
Sunne
and
Moone
and
Earth
,
and
how
much
greater
one
of
them
is
than
another
,
see
in
hi●
fift
Booke
and
sixt
Chapter
.
cites
the
saying
of
it
is
evident
that
the
greatnesse
of
the
Sunne
containes
the
greatnesse
of
the
Earth
one
hundred
forty
seven
times
and
two
halfe
parts
more
.
It
is
also
well
knowne
to
every
body
that
the
greatnesse
of
the
Sunne
containes
the
greatnesse
of
the
Moon
seven
thousand
seven
hundred
forty
foure
times
,
and
one
halfe
more
.
Gregor
in
regist
.
indict.
set
the
crowne
upon
his
head
,
all
the
people
of
shouting
out
Appendix
Eutropii
Antonius
de
gestis
Francorum
lib.
Guicciardin
.
lib
hist.
Ital.
Life
and
victory
to
crowned
by
God
,
the
Great
,
and
peacefull
Emperour
of
the
After
which
acclamations
hee
was
adored
by
the
same
Pope
,
after
the
manner
of
ancient
Princes
.
Francis
Guicciardine
The
Popes
were
wont
to
put
these
words
in
their
Buls
,
to
shew
the
date
of
them
,
Imperante
Concil.
pag.
If
any
man
out
of
a
swolne
and
contumacious
spirit
be
so
bold
,
as
against
all
authority
and
reason
,
obstinately
to
contradict
the
Royall
power
,
which
is
given
by
God
,
as
the
Apostle
saith
:
and
if
hee
peremptorily
refuse
to
obey
his
just
and
reasonable
commands
,
according
to
God
and
Ecclesiasticall
authority
,
and
the
law
Civill
,
let
him
be
accursed
.
Marsil
.
cap.
Petr●s
de
Ferrariis
in
form●
libelli
quo
agi●
ex
substit
.
in
ver.
ex
suo
co●po●●
.
Whence
it
appeares
to
be
true
what
we
have
already
set
downe
;
that
the
coactive
authority
,
as
well
over
Clergy
men
as
others
,
belongs
to
the
humane
Lawgiver
,
or
to
him
that
rules
in
his
behalfe
.
de
Ferrariis
Thou
must
know
thou
Ignoramus
,
that
the
Empire
had
sometimes
both
the
swords
,
the
temporall
and
the
spirituall
.
In
such
sort
as
the
Emperours
then
bestowed
all
the
Ecclesiasticall
livings
in
the
world
,
and
which
is
more
,
did
elect
the
Pope
.
Vid
libellum
de
Eccles
Gallic
.
in
schismat
p.
That
the
Royall
power
is
ordained
by
God
for
the
preservation
of
the
Church
,
and
that
the
kingdome
of
heaven
increaseth
by
meanes
of
the
earthly
Kingdome
,
when
those
which
destroy
the
Church
are
crushed
by
the
rigour
of
Princes
.
That
the
sacred
Canons
will
have
recourse
to
be
made
unto
Princes
,
when
such
things
are
committed
by
great
men
in
the
Church
,
and
that
according
to
the
opinion
of
holy
Doctours
the
Pope
ought
not
to
bee
obeyed
in
such
things
wherein
the
state
of
the
Church
is
notoriously
disturbed
.
These
things
being
considered
that
it
belongs
unto
us
who
are
the
Guardian
,
Protectour
,
and
Defendour
of
the
Churches
of
our
Kingdome
,
and
of
and
who
have
ratified
and
approved
the
Statutes
and
Ordinances
aforesaid
,
made
in
the
Councell
aforesaid
,
to
cause
all
this
and
all
that
followes
upon
it
to
be
observed
and
kept
inviolable
,
&c.
Remonstrance
de
la
Cour
de
Parlement
de
Paris
art
.
Item
,
it
belongs
to
our
Soveraigne
Lord
the
King
who
is
the
principall
founder
,
guardian
,
protectour
and
defendour
of
the
liberties
of
this
Church
,
when
she
suffers
in
her
liberties
,
to
assemble
and
call
together
the
Prelates
,
and
other
Clergie-men
,
as
well
within
this
Realme
,
as
of
and
in
the
same
assembly
and
congregation
of
the
Church
so
called
together
,
there
to
preside
and
provide
a
remedy
against
such
attempts
as
may
be
prejudiciall
to
the
said
liberties
,
as
it
shall
be
said
hereafter
.
That
the
king
by
reason
of
his
crowne
as
well
of
common
right
,
as
by
the
consultation
and
request
of
all
the
Church
of
is
,
as
the
former
Kings
his
predecessours
were
,
the
protectour
and
defendour
of
the
holy
Decrees
,
liberties
,
and
franchises
of
the
Church
of
his
Kingdome
and
Hezekias
,
Who
in
the
first
year
of
his
reigne
,
in
the
first
moneth
,
Chron.
cap.
opened
the
doores
of
the
house
of
the
Lord
,
and
repaired
them
;
and
hee
brought
in
the
Priests
and
the
Levites
,
and
commanded
them
to
sanctifie
the
house
of
the
Lord
,
and
carry
forth
the
filthinesse
out
of
the
holy
place
,
and
the
Levites
rose
,
and
they
gathered
their
brethren
and
came
according
to
the
commandment
of
the
King
,
by
the
words
of
the
Lord
,
to
cleanse
the
house
of
the
Lord
.
He
removed
the
high
places●
and
brake
the
images
,
and
cut
downe
the
groves
,
and
breake
in
pieces
the
brason
Serpent
that
had
made
for
untill
those
dayes
the
children
of
did
burne
incense
to
it
he
went
up
into
the
house
of
the
Lord
,
and
all
the
men
of
and
all
the
inhabitants
of
with
him
,
and
the
Priests
,
and
the
Prophets
,
and
all
the
people
both
small
and
great
,
and
hee
read
in
their
eares
all
the
words
of
the
book
of
the
Covenant
which
was
found
in
the
house
of
the
Lord
.
And
he
made
a
covenant
before
the
Lord
,
to
walke
after
the
Lord
,
and
to
keepe
his
commandements
,
and
his
testimonies
,
and
his
statutes
,
with
all
their
heart
.
And
he
commanded
the
high
Priest
,
and
the
Priests
of
the
second
order
,
and
the
keepers
of
the
doore
,
to
bring
forth
out
of
the
Temple
of
the
Lord
all
the
vessels
that
were
made
for
And
he
put
downe
the
idolatrous
Priests
whom
the
Kings
of
had
ordained
to
burne
incense
,
and
destroyed
their
altars
:
Zonar●s
tom●
Vid
de●ret
.
Bon●f
.
Papae
in
dec●eto
Isidori
.
Gregor.
in
Regist.
Indict
.
Idem
Greg.
in
Regist.
Indict.
For
as
much
as
wee
have
beene
informed
of
certaine
things
which
doe
highly
offend
Almighty
God
,
and
doe
greatly
disgrace
the
honour
and
reverence
of
the
Priesthood
,
wee
intreat
you
to
take
order
that
such
things
may
be
mended
by
the
censure
of
your
power
.
Idem
Greg.
In●dict.
This
would
be
absolutely
profitable
for
your
Kingdome
,
if
that
which
is
committed
against
God
within
your
Dominions
were
corrected
by
such
reformation
as
your
excellence
shall
applie
unto
it
.
That
hee
learned
the
state
of
Religion
out
of
holy
writ●
which
he
found
to
be
unhusbanded
,
and
overgrowne
with
the
thornes
of
divers
errours
and
abuses
:
That
he
trim'd
it
up
with
knowledge
both
divine
and
humane
,
purg'd
it
from
errours
,
and
furnisht
it
with
sure
and
certaine
doctrines
.
Ioan
de
Paris
.
in
t●act
.
de
por
.
Reg●
et
Papal
.
c.
Claudius
Espenseus
Clau.
Espens
.
Th●●l
Paris
.
in
epist.
a●
Titu●
.
●ap
.
Naucler
gene
R●deni
.
l.
Germanicor
.
Chronic.
l.
Naucl.
gen.
Naucler
.
gener.
That
the
Pope
and
Cardinals
not
performing
their
dutie
in
this
particular
,
hee
would
not
doe
as
they
did
,
for
feare
lest
God
should
accuse
him
of
negligence
:
inasmuch
●s
they
behaving
themselves
negligently
herein
,
we
as
Emperour
,
Protectour
,
and
defender
of
the
holy
mother
Church
,
are
bound
,
forasmuch
as
lies
in
our
power
,
to
relieve
so
great
necessities
.
Millain
,
Balthasar
Plat
Hee
heard
with
patience
the
Legats
of
either
Pope
:
but
by
the
advice
of
his
devines
hee
would
not
submit
himselfe
,
neither
to
the
one
nor
the
other
.
Guliel
.
Neubrigensis
l.
Hee
rather
thought
upon
a
meanes
whereby
hee
might
relieve
the
Church
by
removing
out
of
her
all
matter
of
dissention
.
Having
therefore
sent
his
Ambassadours
to
the
Emperour
,
(
whose
authoritie
,
faith
and
affection
ought
to
surpas●e
that
of
other
men
)
as
also
to
the
Kings
of
he
conjured
them
not
to
bee
wanting
to
the
publique
good
and
tranquillitie
.
Epis●ola
Vniversitatis
Paris
.
ad
Carolum
Conrad
de
Gerlenhusen
praepositus
Ec●les
Wormat.
in
tract
.
de
S●hismate
pag.
I
will
addresse
the
last
part
of
my
rude
language
to
you
,
most
devout
and
most
Christian
King
of
Being
such
and
so
great
as
you
are
,
set
your
minde
,
O
Prince
,
upon
such
things
as
belong
to
Princes
,
so
shall
you
bee
above
the
Heads
.
What
will
you
thinke
upon
then
?
surely
upon
this
,
that
peace
may
bee
made
by
your
Prowesse
.
You
thinke
upon
this
that
you
are
a
King
:
thinke
also
that
if
you
would
reig●e
long
in
happinesse
,
it
is
written
of
you
;
The
King
which
sits
upon
the
seat
of
justice
●●th
disperse
all
evill
.
Let
no
man
seduce
you
by
vaine
words
.
Honour
and
fulfill
your
ministerie
.
But
how
?
Certes
that
such
as
are
farre
off
and
such
as
are
neare
,
may
both
have
peace
by
your
meanes
:
that
the
rents
of
holy
mother
Church
may
be
sowed
up
by
you
:
I
say
the
common
mother
both
of
you
and
us
:
who
hath
fed
you
with
her
brests
,
from
whose
mouth
you
have
received
the
honey
of
regeneration
,
and
the
milke
of
Christian
doctrine
:
a
streame
of
bloud
,
springing
from
the
side
of
her
spouse
,
who
was
stretched
out
for
you
upon
the
tree
of
the
crosse
,
hath
adorned
your
cheeks
.
And
therefore
her
cause
is
yours
;
her
wrong
is
your
wrong
.
Arise
,
O
Prince
,
arise
up
against
it
;
build
a
wall
for
the
house
of
and
fight
Iohn
Gerson
Pavie
,
Siena
Theodosi●●
,
Valentinian
Ius
orientale
de
Benefidius
Ius
Graeco-Romanum
Claudiu●
Espenseu●
in
commen
.
in
Epist
ad
Titum
cap.
If
Princes
must
not
meddle
with
sacred
things
,
to
what
purpose
are
there
so
many
lawes
and
Imperiall
Constitutions
about
Ecclesiasticall
matters
in
the
Code
,
the
Novels
,
and
the
Authentiques
?
Why
so
many
Royall
Edicts
and
Decrees
of
Senates
extant
in
the
Annals
of
all
Christians
?
I
know
what
the
matter
is
;
when
the
fires
were
kindled
over
all
to
burn
them
all
alive
,
Religion
was
then
a
case
Royal.
But
when
the
question
is
about
a
necessary
reformation
of
the
Clergie
or
Monkery
,
or
sending
Pastours
home
to
their
flocks
,
this
is
a
case
Synodicall
or
Papall
:
For
as
I
remember
I
have
heard
some
distinguish
so
,
and
those
eve●●●●hops
themselver
.
As
if
Princes
were
no
more
but
mi●isters
of
another
zeal
(
ofttimes
indiscreet
and
without
knowledge
)
that
I
say
not
executioners
of
cruelty
:
and
not
rather
Guardians
,
Protectours
,
and
externall
defendours
of
all
the
constitutions
of
the
Church
,
as
her
children
.
But
let
us
here
shew
by
good
examples
and
sufficient
testimonies
in
what
fashion
Secular
Princes
have
medled
with
such
things
as
concern
the
Church
.
The
first
lesson
which
God
gives
the
King
,
which
would
bee
established
over
his
people
,
is
this
It
shall
bee
when
he
sitteth
upon
the
throne
of
his
Kingdome
,
that
hee
shall
write
him
a
copy
of
this
law
in
a
booke
,
out
of
that
which
is
before
the
Priests
,
and
the
Levits
.
And
it
shall
be
with
him
,
and
hee
shall
read
therein
all
the
dayes
of
his
life
:
that
he
may
learne
to
feare
the
Lord
his
God
,
to
keepe
all
the
words
of
this
law
,
and
these
Statutes
to
do
them
.
This
booke
of
the
law
shall
not
depart
out
of
thy
mouth
,
but
thou
shalt
meditate
therein
day
and
night
:
that
thou
mayest
observe
to
doe
according
to
all
that
is
written
therein
.
gathered
together
all
the
Princes
of
with
the
Priests
and
the
Levits
.
Of
which
twenty
and
foure
thousand
were
chosen
to
set
forward
the
worke
of
the
house
of
the
Lord
:
and
six
thousand
were
Officers
and
Iudges
.
Moreover
,
foure
thousand
were
Porters
,
and
foure
thousand
praised
the
Lord
with
instruments
which
hee
made
to
praise
therewith
.
And
divided
them
into
courses
among
the
sons
of
was
separated
that
he
should
sanctifie
the
most
holy
things
,
he
and
his
sons
for
ever
,
to
burne
incense
before
the
Lord
,
to
minister
unto
him
,
and
to
blesse
his
name
for
ever
.
The
son
that
shall
bee
borne
to
thee
,
shall
bee
a
man
of
rest
.
Hee
shall
build
an
house
for
my
name
.
David
because
he
had
shed
bloud
And
it
came
to
passe
after
this
,
that
was
aminded
to
repaire
the
house
of
the
Lord
.
And
he
gathered
together
the
Priests
and
the
Levites
,
and
commanded
them
to
goe
out
unto
the
Cities
of
and
gather
out
of
all
money
to
repaire
the
house
of
the
Lord
from
year
to
year
.
And
when
the
Levites
hastened
not
the
King
called
for
the
chief
,
and
said
unto
him
,
Why
hast
thou
not
required
of
the
Levites
to
bring
out
of
and
out
of
the
collection
?
And
at
the
Kings
commandement
they
made
a
chest
,
into
which
every
man
brought
his
share
and
portion
that
had
laid
upon
them
Regino
sub
ann.
My
sons
be
not
now
negligent
;
for
the
Lord
hath
chosen
you
to
stand
before
him
,
to
serve
him
,
and
that
you
should
minister
unto
him
,
and
burne
incense
.
Spire
,
ann.
Sleidan
lib.
Balsamo
in
c.
Synod●
in
Trullo
.
p.
Forasmuch
as
hee
that
is
now
Emperour
,
is
also
the
Lords
anoynted
by
reason
of
the
Chrisme
,
that
is
,
of
the
unction
of
the
Kingdome
,
and
that
Christ
our
God
is
reckoned
for
a
Priest
aswell
as
others
,
hee
is
also
justly
endowed
with
priestly
graces
.
Sexta
Synod
.
in
Trullo
.
c.
Mart.
p.
He
obtained
of
the
Emperour
Martinus
Polonus
that
the
Church
of
the
Apostle
Saint
should
be
the
head
of
all
Churches
,
because
that
of
did
pretend
to
be
the
chiefe
.
Can
Constantin●s
That
the
Church
of
erects
Patriarchships
,
Primacies
of
Metropolitans
,
Bishops
Seates
,
and
the
dignities
of
all
orders
of
Churches
.
Can.
Omnes
.
dist.
Appendix
ad
Martinum
Polonum
in
Ioan.
sub
ann.
Montauban
,
Rieux
,
Lombez
St.
Papoul
,
Lavaur
Martinus
Polonus
As
concerning
unlawfull
exco●munication
the
law
of
the
Catholique
Emperour
which
the
Catholique
Church
doth
observe
and
approve
hath
ordained
,
that
no
Priest
shall
excommunicate
any
man
,
till
such
time
as
the
cause
be
proved
for
which
the
Ecclesiasticall
Canons
doe
command
it
to
bee
inflicted
.
Can.
de
illicita
.
caus.
So
for
a
long
time
,
about
eight
hundred
yeares
,
the
Emperours
made
laws
concerning
Ecclesiasticall
persons
,
and
affaires
;
and
the
Church
obeyed
them
.
Conc.
Meldens
.
Cap.
Conc.
Meldens
.
Cap
Con●
.
p.
●apit
Car●li
Mag●●
,
l
Can.
secundum●
Con●
.
Ticinens
.
c.
Conc.
pag.
L.
Cum
recta
.
C.
de
summa
trinitate
.
Wee
anathematize
all
heresie
,
and
especially
that
of
as
also
that
of
That
they
should
not
looke
for
any
favour
or
pardon
,
commanding
that
they
should
be
punished
with
condig●e
punishment
,
as
convicted
and
denounced
heretiques
.
L.
Cum
velim●●
C.
de
Sa●●os●ncta
Eccles.
These
are
the
things
which
by
our
divine
Edict
we
have
condemned
in
the
persons
of
heretiques
;
to
which
all
the
most
holy
Bishops
and
reverend
Abbats
,
which
were
then
present
in
this
Citie
,
have
,
together
with
your
Holynesse
,
subscribed
.
That
it
does
not
concerne
him
to
intermeddle
so
farre
in
divine
matters
.
Concilium
Tribunarium
apud
Rhab●num
Marsili●s
Paduanus
in
defens
.
pacis
.
cap.
Can.
de
Capitul●●
In
former
times
they
did
not
onely
not
contradict
this
,
but
rather
became
supplicants
to
Emperours
for
the
obtaining
of
such
rules
and
Ordinances
,
Can.
legem
.
dist.
Who
dare
say
that
the
lawes
of
Princes
,
the
rules
of
Fathers
,
or
the
new
admonitions
may
be
sleighted
?
Can
Si
inter
.
Caus.
If
any
doubt
doe
arise
about
Ecclesiasticall
law
or
any
other
matter
,
betwixt
any
two
Bishops
belonging
to
the
same
Councell
,
let
the
Metropolitan
in
the
first
place
judge
of
it
,
at
the
Councell
with
the
rest
of
the
Bishops
:
and
if
the
parties
will
not
stand
to
that
judgement
,
then
let
the
Primate
of
the
Countrey
have
the
hearing
of
it
,
and
determine
of
it
according
to
the
Ecclesiasticall
Canons
,
and
your
owne
lawes
;
and
neither
of
the
parties
shall
have
power
to
contradict
it
.
Vid.
●us
Graeco-Romanum
.
to.
Constantine
Cabasilas
The
Emperour
,
being
as
it
were
the
common
knowing
Monarque
of
the
Churches
,
doth
preside
in
Synodicall
determina●ions
,
and
makes
them
be
in
force
;
he
prescribes
Ecclesiasticall
Orders
:
he
sets
lawes
to
the
lives
,
and
politie
of
such
as
serve
at
the
Altar
,
as
also
to
the
judgements
of
●ishops
and
Clerkes
,
and
to
the
suffrages
of
vacant
Churches
:
he
preferres
from
a
lesser
honour
to
a
greater
,
as
by
erecting
a
Metropolitane
Church
in
stead
of
a
Bishoprique
,
thereby
adorning
either
the
virtue
of
the
man
or
the
place
.
And
,
that
I
may
speake
in
a
word
,
save
onely
the
administring
of
the
Sacraments
,
the
Emperour
represents
all
the
Pontificiall
priviledges
,
when
hee
proceeds
in
a
lawfull
and
Canonicall
way
.
Vignier
de
Bar.
Augustinum
Cravaliz
That
they
meant
not
that
any
prejudice
should
accrue
to
such
as
had
not
taken
their
place
.
de
Luna
Spanish
.
Albeit
the
first
place
after
the
Emperours
Ambassadours
belongs
unto
me
as
I
am
such
an
Ambassadour
both
in
this
place
and
company
,
V.
Historiam
Concilii
Trid.
lib.
and
every
other
,
which
before
all
things
I
do
here
declare
and
protest
,
yet
not
to
disturbe
the
things
which
are
here
handled
,
nor
give
occasion
to
any
man
to
retire
,
I
take
that
place
which
is
assigned
unto
me
,
using
it
for
the
present
,
and
will
use
it
so
long
as
I
shall
thinke
fit
;
yet
in
such
sort
,
that
I
would
have
every
man
to
know
well
(
which
I
doe
here
declare
and
protest
)
that
this
my
modesty
and
the
regard
which
I
have
to
the
wholesome
consultations
of
this
sacred
Assembly
in
generall
,
can
bee
no
prejudice
to
the
dignity
,
majesty
,
and
right
of
King
my
master
,
nor
his
posterity
,
and
that
this
right
shall
be
no
lesse
saved
and
entire
unto
him
for
the
present
or
upon
other
occasions
;
which
I
would
have
reserved
unto
him
both
in
these
actions
and
all
other
in
all
other
places
,
and
at
all
other
times
,
to
the
intent
that
they
may
alwaies
prosecute
and
maintaine
these
rights
,
and
this
claime
as
well
as
if
that
place
which
belongs
unto
me
here
and
at
this
time
as
an
Ambassadour
of
such
quality
had
been
granted
unto
me
,
disclaiming
any
thing
that
shall
be
objected
by
any
man
against
this
my
asseveration
and
protestation
,
so
as
it
be
no
wrong
unto
them
Which
protestation
of
mine
contained
in
this
libel
,
I
desire
the
most
holy
Fathers
may
be
written
and
inserted
among
the
Acts
of
this
most
sacred
Synod
,
and
that
it
may
not
bee
lawfull
to
publish
the
Acts
without
it
,
and
a
copy
thereof
to
bee
given
unto
mee
,
signed
by
the
Secretary
.
de
Luna
de
Luna
Onuphrius
Panuinus
At
the
Councell
of
there
was
a
great
controversie
because
the
Ambassadours
of
the
two
Kings
were
censed
at
the
same
time
by
speciall
command
from
the
Pope
.
Wherefore
it
adviseth
the
Emperour
,
Kings
,
Common-wealths
,
Princes
,
&c.
Rovillius
ann.
Gentianus
Hervetus
Rovilliu●
ann.
Amongst
whom
the
prime
man
,
offers
all
his
studies
,
industry
,
meanes
and
endeavours
both
of
body
and
minde
.
But
what
a
thing
will
this
bee
if
those
bee
not
religious
whom
the
Catholique
Church
holdeth
for
such
?
Stanislaus
Hosius
l.
de
legit
.
ju●iciis
circa
Principium
.
As
for
the
Kings
of
the
and
all
other
Christian
Princes
,
I
doubt
not
but
they
are
godly
Princes
.
The
magnificent
Signiour
Ambassador
of
the
most
Christian
King
of
The
magnificent
Signiour
Ambassadour
of
the
most
Catholique
King
of
AEneas
Sylvius
l.
commentar
.
Concil.
Basil.
AEneus
Sylvius
Of
the
Emperours
Ambassadours
the
Bishop
of
the
Lord
of
the
the
Arch-Bishop
of
the
Bishop
of
and
others
of
our
Colleagues
,
except
the
Arch-Bishop
of
Of
the
only
the
Arch-Bishop
of
Of
the
not
a
man
:
howbeit
it
was
afterwards
said
,
that
the
Bishop
of
who
came
for
had
undertaken
for
the
King
of
Gotardus
Ponticus
ann.
The
Provinciall
of
all
the
Churches
,
The
Emperour
of
The
Emperour
of
B●ldus
consil.
march
alwaies
foremost
;
and
no
other
King
whatsoever
may
goe
before
them
.
Idem
in
commen●
.
ad
librum
de
feudis
tit
.
de
prohibit
feud
.
alienat
p●r
Freder
.
num.
The
King
of
is
above
all
other
Kings
Alber●●us
de
Rosat
in
rubr
.
Digest
.
de
stat.
●●●in
.
Alberi●us
de
Rosate
Anton
Corset
.
in
tract
.
de
potest
reg
quaest.
Antonius
Corsetus
Guido
Pap●
de
〈◊〉
Nicolaus
Boer●u●
in
ad
li●●on
.
ad
t●actat
.
de
authorit
.
Sacr.
mag
.
Concil.
●hassanaeus
in
parte
Catalogi
Gloriae
mundi
confid.
Bonifacius
de
Vitaliani●
in
prefat
super
Clement
.
de
Vitalianis
Suida●
in
verbo
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
●ancelot
.
Con●adus
Laudens●●
in
Templo
omnium
judicum
.
lib.
Lancelot
Conrade
The
Doctors
doe
sometimes
dispute
which
of
all
the
Kings
is
to
have
the
first
degree
of
honour
,
and
who
is
preferred
above
all
the
rest
.
But
they
seeme
generally
to
agree
,
that
this
honour
belongs
entirely
to
the
King
of
for
he
is
styled
the
most
Christian
King
;
and
is
above
all
Kings
at
this
day
,
and
takes
place
of
them
:
as
And
before
him
Which
is
followed
by
And
that
by
the
authority
of
saith
likewise
in
his
Tract
according
to
that
no
man
may
pretend
any
prerogative
of
honour
against
the
colours
of
the
King
of
Spaine
.
He
is
King
,
Prince
,
Arch.
Duke
,
Duke
and
Lord
of
divers
townes
:
and
was
not
long
agoe
made
Duke
of
our
Lord
and
our
Duke
third
President
,
and
one
of
the
Kings
Counsellours
in
the
Province
of
and
with
him
Commissary
appointed
for
this
matter
by
speciall
deputation
,
Senator
elect
by
the
King
as
being
of
famous
Lawyers
and
honourable
Senatours
,
have
by
a
speciall
Decree
ordained
that
this
booke
may
be
published
.
And
afterwards
the
great
Pope
the
fourth
confirmed
,
and
,
as
it
were
,
consecrated
this
Temple
by
imposition
of
hands
.
Onuphrius
in
Pio
Rome
.
Not
long
after
when
there
arose
a
controversie
betwixt
the
Ambassadours
who
should
have
the
more
honourable
place
in
publique
assemblies
,
which
was
hatched
long
before
by
meanes
of
the
Pope
after
much
dodging
at
last
adjudged
the
first
place
to
the
after
he
had
beene
long
plodding
about
a
forme
of
agreement
,
but
could
finde
none
.
For
the
denied
the
precedency
to
the
and
the
would
not
endure
that
he
should
be
made
equall
with
him
.
Vpon
this
occasion
great
commander
of
and
Ambassadour
of
being
displeased
,
departed
from
after
hee
had
made
his
publique
protestation
to
the
Pope
,
which
the
Pope
admitted
,
and
promised
him
he
would
judge
of
it
.
The
holy
Synod
doth
decree
that
mandates
by
way
of
provision
,
and
expectative
graces
(
as
they
call
them
)
shall
not
hereafter
be
granted
to
any
,
not
to
Colledges
,
Vniversities
,
Senates
,
or
other
particular
persons
,
by
the
name
of
Indult
,
or
for
a
sum
certain
,
or
upon
any
other
pretence
:
nor
shal
it
be
lawfull
for
them
to
use
such
as
are
already
granted
.
Neither
shall
mentall
reservations
,
nor
any
other
graces
upon
the
future
vacancy
of
Benefices
,
nor
Indults
for
another
mans
Church
or
Monastery
,
be
granted
to
any
,
not
even
to
the
Cardinals
of
the
holy
Church
:
and
such
as
have
been
formerly
granted
shall
be
accounted
abrogate
.
Recueil
des
libertez
de
l●glise
Galli●ane
.
chap
V.
Molineum
in
Regal
.
Cancellar.
de
infir
.
resi●n
num.
&
seq
Le
recueil
de●
Ordonnances
de
Fon●anon
tom
.
au
titre
De
l'indul●
Papon
au
recueil
d'
Arrests
〈◊〉
des
mandats
&
indults
.
Art
.
some
footsteps
whereof
may
bee
found
in
the
times
of
Pope
the
fourth
,
and
that
even
under
the
reigne
of
the
Faire
by
the
grace
of
God
King
of
to
our
welbeloved
and
faithfull
Counsellour
the
Bishop
of
and
to
our
trusty
and
welbeloved
the
Deane
and
Chapter
of
aforesaid
,
and
to
every
one
of
you
as
well
jointly
as
severally
,
sendeth
greeting
.
Whereas
our
trusty
and
beloved
the
Chancelours
,
Presidents
,
Masters
of
ordinary
requests
for
our
houshold
,
Counsellours
,
Registers
,
Notaries
,
together
with
our
Advocates
&
Atturney
generall
for
our
Court
of
Parliament
,
every
man
in
his
place
&
office
are
appointed
&
ordained
to
wait
continually
upon
the
imployment
&
administration
of
our
said
court
,
&
the
administration
of
justice
supreme
and
capitall
for
our
said
Realme
;
which
is
a
very
laudable
thing
,
commendable
&
necessary
for
us
,
our
subjects
,
&
the
whole
commonweal●h
of
this
our
kingdome
;
in
which
our
Court
the
rights
and
liberties
of
th●
Church
of
whereof
we
are
the
guardian
and
protectour
,
are
preserved
.
And
for
this
reason
our
said
Court
doth
consist
in
part
of
Counsellours
and
Officers
,
which
are
Clergie
men
and
Ecclesiasticall
persons
.
And
in
consideration
of
the
great
,
laudable
,
and
commendable
services
of
the
said
Chancelour
,
Presidents
,
Masters
of
Requests
,
Counsellours
,
Registers
,
Notaries
,
Advocates
,
and
Atturney
,
they
or
others
by
their
nomination
by
meanes
of
the
intercession
of
our
predecessours
to
the
Prelates
and
other
Patrons
and
Conferrers
of
benefices●
have
beene
preferred
unto
and
generally
provided
of
Church
livings
,
which
the
said
Prelates
or
others
the
Patrons
or
b●stowers
of
the
same
have
freely
conferred
upon
them
,
or
have
presented
them
unto
the
said
Tatrons
in
favour
and
consideration
of
us
,
and
their
owne
great
and
commendable
services
as
aforesaid
.
Which
said
Chancelour
,
Presidents
,
Masters
of
requests
,
Counsellours
,
Registers
,
Notaries
,
Advocates
and
Atturney
,
since
our
comming
to
the
crowne
,
nor
a
long
time
before
,
have
not
had
any
such
pr●ferment
upon
our
entreaty
and
request
to
the
said
Prelats
,
Patrons
,
and
Collatours
,
as
formerly
they
were
wont
to
have
.
And
for
this
reason
the
said
Court
hath
,
with
our
leave
and
licence
,
made
a
certaine
roll
wherein
every
one
of
them
are
presented
and
nominated
,
or
have
presented
and
nominated
others
in
their
stead
,
each
one
to
some
or
other
preferment
belonging
to
you
,
or
other
the
Collatours
and
Patrons
of
the
benefices
of
our
said
Realme
.
And
whereas
our
trusty
and
welbeloved
Counsellour
Mr.
hath
nominated
Mr.
his
sonne
unto
one
of
your
Collations
and
presentations
,
wee
considering
the
continuall
charge
and
imployment
,
the
great
paines
and
trouble
of
our
said
Chancelour
,
Presidents
,
Masters
of
request
,
and
other
Officers
who
are
all
noted
men
,
learned
and
skilfull
in
the
law
:
following
the
good
and
laudable
customs
of
our
ancestors
,
as
also
of
the
conferrers
and
patrons
in
our
said
Realme
,
we
entreat
and
require
you
to
give
,
present
,
and
bestow
upon
the
said
Mr.
for
and
in
stead
of
our
said
Counsellour
,
whom
hee
for
his
part
hath
nominated
in
his
place
,
the
first
benefice
that
shall
be
void
within
your
disposall
,
collation
,
or
presentation
,
as
our
said
Counsellour
shall
require
or
cause
you
to
bee
required
thereunto
.
Hoping
that
you
will
not
make
any
deniall
or
difficulty
of
this
our
request
,
which
is
most
just
and
reasonable
,
but
will
obey
it
:
especially
considering
that
our
said
Chancelour
,
Presidents
,
Masters
of
requests
,
Couns●llours
,
and
other
Officers
of
our
said
Court
,
are
imployed
daily
and
in
continual
trouble
about
the
maintenance
and
defence
of
the
rights
and
priviledges
of
the
Churches
of
our
said
Realme
,
and
the
administration
of
justice
to
our
said
subjects
;
signifying
unto
you
that
you
shall
herein
doe
us
such
an
acceptable
favour
,
as
nothing
more
:
by
meanes
whereof
we
take
you
and
your
affaires
into
speciall
recommendation
.
Given
at
the
eighteenth
day
of
August
in
the
yeare
of
Grace
and
of
our
reigne
the
six●
;
thus
subscribed
,
By
the
King
.
In
the
presence
of
my
Lord
Cardinall
Legat
in
and
others
Sealed
with
yellow
wax
,
with
the
Kings
broad
Seale
.
this
cognizance
belongs
not
to
Seculars
,
but
to
Ecclesiastiques
.
For
the
revelation
of
which
crime
the
said
Bishops
,
together
with
our
Offi●ers
,
may
cause
monitories
to
be
published
in
all
the
parishes
,
at
such
time
as
they
shall
thinke
proper
and
fit
.
Papon
●u
re●ue●●d
Arrests
,
t●t●d
excommunications
&
cens
.
Eccles.
Imbert
.
li.
des
ins●it
sorens
Iustinian
.
i●
l.
cum
recta
.
in
l.
cum
velimus
.
C.
de
sum
.
Trinitat
.
Et
in
novell
.
de
sanct●ss
.
Epis●
.
c.
Carolus
Magnus
Capit.
lib.
e●
l'Ordon
.
d
Orleans
art.
18.
&
en
l'Ordon
.
de
l'an
1571.
art.
18.
Glaber
Radulphus
hist.
lib.
cap.
ul●
.
Papon
au
re●u●●l
d'arrests
tit
.
d'appellation
comme
d'abut
.
art.
Recueil
des
●●bertez
de
l'eglise
Gall●●an
art
.
Peter
Charres
〈◊〉
l.
de
〈…〉
De
Cugnertia
art
Idem
art.
●●ilip
de
〈◊〉
Peter
de
Cugnieres
That
both
at
and
all
other
places●
Vi●
Centum
〈…〉
●●
many
Christians
are
ex●●●muni●at●d
by
th●
Archbishops
and
Bishops
,
or
their
Commissaries
for
prophane
causes●
and
di●hon●st
gaine
.
That
by
this
meanes
many
mens
consciences
are
tr●●●led
,
and
th●s●
that
are
weak
in
faith
are
driven
to
dispaire
:
and
at
last
are
br●ught
to
the
〈◊〉
of
soule
,
and
body
,
and
honour
,
and
goods
,
contrary
to
all
la●●oth
divi●●
and
●umane
.
That
none
might
〈◊〉
excommunicated
but
for
the
crime
of
manifest
and
convinced
heresie
.
In
many
places
excommunications
were
thundred
out
for
a
six
penny
debt
.
Ludovicus
Bavarus
Francfort
.
Philip
Du
re●u●il
de
〈◊〉
del●●ligue
did
casse
,
repeal
,
and
nullifie
his
Bulls
,
processes
and
excommunications
,
as
abusive
,
scandalous
,
seditious●
full
of
impostures
,
and
made
contrary
to
the
holy
Decrees
,
Canonicall
Constitutions
,
approved
Councels
,
and
the
rights
and
liberties
of
the
Church
:
absolved
those
that
were
excommunicated
by
virtue
thereof
,
and
decreed
they
should
bee
burn'd
in
the
market
place
by
the
common
hangman
.
Furthermore
declaring
the
said
who
cals
himselfe
Pope
the
fourteenth
of
that
name
,
an
en●mie
to
the
peace
,
to
the
union
of
the
Catholique
Apostolique
and
Church
,
to
the
King
and
State
.
Natalis
Comes
hist.
lib.
Idem
lib.
Centum
grav●minac
Can
Episcop.
Et
Can
m●ll●●a●erdotumen
that
there
might
bee
no
proceeding
to
excommunication
,
but
for
mortall
sin
,
or
a
publique
offence
.
France
,
That
it
might
not
be
denounced
upon
every
fault
nor
for
contumacie
,
but
for
some
grievous
sinne
,
and
that
after
three
admonitions
.
Germany
,
That
it
might
bee
only
for
ope●●
and
convicted
heresie
.
Let
no
man
be
lightly
or
rashly
excommunicated
.
Histoire
de
Rheins
l.
Guilielm
.
Durand
.
de
Conc.
Tit.
Marsil
.
part.
Petrus
de
Alliaco
in
tract
.
de
reform
.
Eccles.
c●nfiderat
.
the
Church
of
hath
imposed
by
her
penall
Constitutions
,
and
especially
by
some
new
Decretals
;
and
have
thundred
them
out
by
their
Collectours
,
to
the
scandall
of
many
men
:
by
whose
example
other
Prelates
doe
cruelly
smite
poore
people
with
excommunications
,
without
any
consideration
;
and
that
for
light
matters
,
as
for
debts
:
which
must
necessarily
bee
provided
for
,
seeing
it
is
against
all
right
.
Nicholas
de
Clemangiis
those
anathema's
so
oft
repeated
,
which
were
no●
used
in
the
time
of
our
forefathers
,
Nicholaus
de
Clemangiis
in
lib.
de
ruina
&
reparat
.
Eccles.
p.
but
very
seldome
,
and
that
in
criminall
causes
,
and
abhominable
wickednesse
:
forasmuch
as
a
man
is
hereby
separated
from
the
communion
of
the
faithfull
,
and
given
up
into
the
power
of
Satan
.
But
at
this
present
they
have
proceeded
so
farre
as
to
use
them
ordinarily
for
very
pettie
matters
,
yea
when
there
is
no
fault
at
all
.
That
excommunications
be
not
often
used
,
nor
without
cause
.
but
in
case
of
crime
and
publique
scandall
.
Save
for
grievous
faults
Con●ll
●ri●
.
Sess
O●don
●
Orle●ns
Art
.
they
may
dispose
of
their
portion
left
them
by
way
of
inheritance
,
already
fallen
unto
them
,
or
hereafter
like
to
fall
,
either
in
a
direct
line
or
collaterall
,
to
the
use
and
b●hoofe
of
such
of
their
kindred
as
they
shall
thinke
fit
;
and
not
of
the
Monastery
.
And
to
this
effect
we
have
from
henceforth
declared
them
capable
of
inheriting
and
making
testaments
,
the
said
profession
or
any
rigour
of
law
or
custome
to
the
contrary
notwithanding
.
Benedict
.
in
re●pi●
.
〈◊〉
Raynutius
in
verb
ut
uxorem
nom
.
Adelas
.
●
.
Ordon
.
de
Bloi●
de
l'an
It
commands
all
Regulars
,
as
well
men
as
women
,
to
compose
and
conforme
their
life
to
the
rule
whereof
they
make
their
profession
;
as
the
particular
vow
of
Obedience
,
poverty
,
and
chastity
.
It
gives
leave
to
Mendicants
except
the
Fryers
of
St.
the
Capuchins
,
and
Fryers
Minorites
to
possesse
immoveable
goods
,
even
to
such
as
are
prohibited
by
their
Orders
.
●l●i●
de
l
an
Vpon
the
eighteenth
of
December
came
a
to
preferre
a
petition●
that
according
to
the
Councell
of
Mendicants
might
be
allowed
to
possesse
immoveables
;
but
it
was
answered
they
would
advise
upon
his
petition
by
making
a
generall
order
for
it
.
Mare
Magnum
Benedict
.
in
cap.
R●ynutius
in
verb.
in
eod.
test
.
●elinq
nu.
Ioannes
Gallu●
q.
V●yez
Papon
au
recueil
de●
Arrests
●it
.
des
Religieux
Mendian●●
Art
.
that
hee
would
take
care
that
this
great
Sea
become
not
the
devils
pond
.
who
had
condemn'd
the
heires
of
to
pay
twenty
pound
of
yearely
rent
to
every
one
of
the
said
Orders
,
to
bee
received
by
the
said
Mendicants
for
certaine
houses
in
which
she
had
given
them
,
to
have
and
to
hold
for
them
and
their
successours
for
ever
.
Their
suit
was
declared
irreceivable
into
the
Court
,
and
they
condemned
to
pay
charges
.
Gallus
Isabel
de
Palais
Ioan
Paumer
Voyez
Papon
au
recueil
d'Arrests
tit
.
Des
Religieux
Mendians
.
art.
Recueil
des
libertez
de
l'Eglise
Gallicane
chap.
Papon
au
recueil
des
Arrests
.
tit
.
de
Religieux
Mendians
art
.
V.
Ioannem
Gallum
quaest.
Collection
of
the
liberties
of
the
The
Pope
cannot
allow
or
dispence
with
any
man
for
holding
and
possessing
any
goods
within
this
Realme
contrary
to
the
lawes
,
statutes
,
or
customes
of
the
places
,
without
leave
and
licence
from
the
King
.
whereby
a
certaine
Carmelite
called
was
declared
not
to
bee
receiveable
in
a
suit
which
he
made
for
a
certaine
thing
issuing
out
of
an
immoveable
for
the
holding
whereof
hee
was
dispensed
with
by
the
Pope
.
Guil.
Benedict
.
in
cap.
Raynutius
.
in
verb.
&
uxor
.
nom
.
Adelas●
num.
Voyez
aussi
les
or
donn
Concil
Trid.
Sess.
to
judge
and
declare
invalid
such
leases
of
Ecclesiasticall
goods
as
were
made
within
this
thirtie
years
,
for
a
long
time
,
or
(
as
it
is
in
some
places
)
for
nine
and
twentie
yeares
,
or
twice
nine
and
twenty
years
.
Papon
au
recueil
d'Arrests
tit
.
d'alienation
●ccles
.
tit
.
That
the
Bishops
,
as
Delegates
for
the
See
Apostolique
,
shall
take
knowledge
summarily
,
and
whether
there
have
beene
any
errour
or
false
information
.
That
Pope
the
fourth
would
have
had
the
deliberations
of
the
Councell
to
have
beene
subscribed
unto
by
the
Ambassadours
of
Kings
and
Princes
,
to
constraine
them
to
make
warre
upon
such
as
should
refuse
them
.
That
the
ancients
,
as
Saint
and
Saint
did
not
proceed
by
such
co●rses
as
these
against
the
and
other
heretiques
;
that
they
did
not
make
Princes
take
armes
against
them
,
but
laboured
to
reduce
them
from
their
errours
by
strength
of
reason
,
and
holinesse
of
life
.
Voyez
le
remonstrance
sur
la
requeste
presentee
p●r
la
nobl●sse
a
Madame
de
Parm●sur
les
inconveniens
●rovenus
de
l'
inquisition
imprime●●
Anuers
.
l
an
Vide
indicem
librorum
prohibitorum●
&
regulas
ibi
positas
L.
Mani●hoeos
.
L
Arrian
.
l.
quicunque
l.
cognominis
l.
quoniam
C.
de
Haeretic
.
&
Manich.
To
the
fire
with
the
Heretique
.
Vide
Cap.
praesidentes
&
●a
inquisitioni●
de
Haeretico
in
de
Haer.
Vide
directo
.
inquisitori
.
Nicola●
Eymerici
.
Item
collection
.
divers
.
constitut
part
.
Nicholas
Eymericus
Extat
in
collectione
diversa●um
constitut
.
&
litterar
Roman
.
Pontif.
excus
Roma
ann.
in
tert.
part
.
p.
A●
Hussites
,
Wiclivites
,
Zuinglians
,
Calvinists
,
Huguenots
,
and
other
heretiques
,
together
with
their
concealers
and
favourers
,
and
in
generall
all
those
which
defend
them
.
Furthermore
wee
declare
by
these
presents
,
conformably
to
our
former
declaration
,
protesting
before
the
living
God
,
that
wee
desire
nothing
so
much
as
the
Convocation
of
a
holy
and
free
Councel
,
or
some
notable
assembly
,
sufficient
to
determine
the
differences
in
point
of
Religion
.